Citrus Heights |
Code of Ordinances |
Chapter 47. MARIJUANA DISPENSARIES, BUSINESSES AND DELIVERIES |
Article I. MEDICAL MARIJUANA |
§ 47-2. Definitions.
For the purpose of this article, unless the context clearly requires a different meaning, the words, terms and phrases hereinafter shall have the meaning given them in this section.
City means the City of Citrus Heights.
Commercial medical marijuana business means any activity licensed pursuant to the Medical Cannabis Regulation and Safety Act, Business and Professions Code § 19300 et seq., including but not limited to medical marijuana cultivation, distribution, manufacturing, transporting and testing.
Medical marijuana means marijuana used for medical purposes in accordance with the Compassionate Use Act (Health and Safety Code § 11362.5) and the Medical Marijuana Program Act (Health and Safety Code § 11362.7 et seq.).
Medical marijuana delivery means the transfer of medical marijuana or medical marijuana products from a medical marijuana dispensary to a qualified patient or primary caregiver, as well as the use by a dispensary of any technology platform to arrange for or facilitate the transfer of medical marijuana or medical marijuana products.
Medical marijuana dispensary or dispensary means:
(1)
Any facility, building, structure or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana to two or more of the following: A qualified patient or a person with an identification card, or a primary caregiver, in strict accordance with Health and Safety Code § 11362.5 et seq.; or
(2)
Any facility, building, structure or location where qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate in order to collectively or cooperatively, distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana for medicinal purposes pursuant in Health and Safety Code § 11362.5 et seq., and such group is organized as a medical marijuana cooperative or collective as set forth in the attorney general guidelines. The terms "primary caregiver," "qualified patient," and "person with an identification card" shall be as defined in Health and Safety Code § 11362.5 et seq.
For purposes of this article, a "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law and complies strictly with applicable law, including but not limited to, Health and Safety Code § 11362.5 et seq.:
(1)
A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
(2)
A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;
(3)
A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;
(4)
A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;
(5)
A residential hospice, or a home health agency licensed pursuant to Chapter 8 of the Health and Safety Code.
Medical marijuana products means medical marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or tropical product containing marijuana or concentrated cannabis and other ingredients.
Person means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.
(Ord. No. 2016-008, § 2, 9-22-2016)