HomeMy WebLinkAboutORD-16-1362 (MEDICAL MARIJUANA)1
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ORDINANCE NO. 16-1362
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING SECTIONS 17.42.110 AND 17.26.030 OF THE HERMOSA
BEACH MUNICIPAL CODE TO EXPRESSLY PROHIBIT ALL
COMMERCIAL MEDICAL MARIJUANA USES IN THE CITY AND
PROHIBITING CULTIVATION FOR MEDICAL USE BY A QUALIFIED
PATIENT OR PRIMARY CAREGIVER
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 17.42.110 of the Hermosa Beach Municipal Code is hereby
amended in its entirety to read as follows:
A. Definitions.
1. "Collective" means any association, affiliation, or establishment jointly
owned and operated by its members that facilitate the collaborative efforts of qualified patients
and primary caregivers, as described in the Attorney General Guidelines for the Security and Non -
Diversion of Marijuana Grown for Medical Use, issued by the Attorney General's Office in
August 2008, as amended from time to time, which sets regulations intended to ensure the security
and non -diversion of marijuana grown for medical use by qualified patients or primary caregivers.
2. "Commercial Cannabis Activity" means cultivation, possession,
manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of
medical marijuana or medical marijuana products, except as set forth in Business and Professions
Code section 19319, related to qualified patients and primary caregivers.
3. "Cultivation" means any activity involving the planting, growing,
harvesting, drying, curing, grading, or trimming of marijuana or cannabis.
4. "Delivery" shall include the use by a medical marijuana dispensary of any
technology platform owned and controlled by the medical marijuana dispensary, or independently
licensed by the State under the Medical Marijuana Regulation and Safety Act, which enables
persons, qualified Patients, and/or primary caregivers to arrange for or facilitate the commercial
transfer of medical marijuana or medical marijuana products.
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16-1362
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5. "Marijuana," or "Cannabis," shall have the same meaning as the definition
of that word in Health and Safety Code Section 11018.
6. "Medical Marijuana" means marijuana authorized for personal medical use
in compliance with Health and Safety Code Sections 11362.5 and 11362.7, et seq.
7. "Medical Marijuana Dispensary" shall mean a collective or cooperative that
distributes, dispenses, stores, sells, exchanges, processes, delivers, cultivates, makes available,
transmits and/or gives or otherwise provides medical marijuana to two or more persons with
identification cards or qualified patients, or any facility where qualified patients, persons with
identification cards and primary caregivers meet or congregate collectively and cooperatively to
cultivate or distribute marijuana for medical purposes under the authority of California Health and
Safety Code sections 11362.5, and 11362.7, et seq. Medical Marijuana Dispensary shall also refer
to a facility where Medical Cannabis, Medical Cannabis products, or devices for the use of
Medical Cannabis or Medical Cannabis products are offered, either individually or in any
combination, for retail sale, including an establishment that Delivers Medical Cannabis and
Medical Cannabis products as part of a retail sale. Medical Marijuana Dispensary shall not
include the following uses, so long as such uses comply with this Code, the California Health and
Safety Code Section 11362.5, et seq., and other applicable law:
Health and Safety Code.
a. A clinic licensed pursuant to Chapter 1 of Division 2 of the
b. A health care facility licensed pursuant to Chapter 2 of
Division 2 of the Health and Safety Code.
C. 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.
d. A residential care facility for the elderly licensed pursuant to
Chapter 3.2 of Division 2 of the Health and Safety Code.
e. A hospice or a home health agency, licensed pursuant to
Chapter 8 of Division 2 of the Health and Safety Code.
8. "Medical Marijuana Regulation and Safety Act" shall refer to Chapter 3.5
of the California Business and Professions Code, commencing with section 19300, et seq.
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9. "Mobile Marijuana Dispensary" means any dispensary, clinic, cooperative,
association, club, business or group which transports or delivers, or arranges the transportation or
delivery of medical marijuana to a person.
10. "Person" means any individual, firm, cooperation, association, club, society,
or other organization. The term person shall include any owner, manager, proprietor, employee,
volunteer or salesperson.
11. "Person with an Identification Card" shall have the same meaning as the
definition of that word in Health and Safety Code Section 11362.7.
12. "Primary Caregiver" shall have the same meaning as the definition of that
word in Health and Safety Code Section 11362.7.
13. "Qualified Patient" shall have the same meaning as the definition of that
word in Health and Safety Code Section 11362.7.
B. Medical marijuana dispensaries prohibited. Medical marijuana dispensaries are
prohibited in all zones throughout the City; no person shall establish, operate, conduct, or allow a
medical marijuana dispensary or commercial cannabis activity anywhere in the City.
C. Mobile Marijuana Dispensaries are prohibited within the City. No person shall:
1. Locate, operate, own, suffer, allow to be operated or abide, abet, or assist in
the operation of any mobile marijuana dispensary within the City;
2. Deliver marijuana to any location within the City from a mobile marijuana
dispensary, regardless of where the mobile marijuana dispensary is located, or engage in any
operation for this purpose; or
3. Deliver any medical cannabis product, including, but not limited to,
tinctures, baked goods, or other consumable products, to any location within the City from a
mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or
engage in any operation for this purpose.
D. This section is meant to prohibit all activities for which a State license is required.
E. Marijuana cultivation by any person or entity, including clinics, collectives,
cooperatives and dispensaries, is prohibited in all zones within the City. No Person, including a
Qualified Patient or Primary Caregiver, shall Cultivate any amount of Cannabis in the City, even
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2s
for medicinal purposes, except where the City is preempted by federal or state law from enacting a
prohibition on such activity.
F. Violations and remedies.
1. Criminal penalties. Any violation of any provision of this chapter shall be
deemed a misdemeanor and shall be punishable in accordance with Chapter 1.04.
SECTION 2. The alphabetical list of uses in Section 17.26.030 of Chapter 17.26 of Title
17 of the Hermosa Beach Municipal Code is hereby amended to add the following new uses to the
alphabetical list to read as follows:
USE
C-1
C-2
C-3
See Section
Cannabis delivery
-
-
-
17.42.110
Commercial cannabis activities
-
_
-
17.42.110
Cultivation of cannabis or medical marijuana
-
-
-
17.42.110
SECTION 3. The Ordinance has been reviewed in accordance with the California
Environmental Quality Act. Under 15061(b)(3), the proposed project would not have a significant
effect on the environment because it is clarifying existing law that medical marijuana activities are
prohibited under the HBMC.
SECTION 4. The ordinance shall take effect thirty days after the date of its passage.
SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause the Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation, published and circulated in the City of Hermosa Beach.
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original ordinances of said City; shall make minutes of the
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16-1362
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passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 8th day of March, 2016 by the following vote:
AYES:
Duclos, Fangary, Mayor Petty
NOES:
Massey
ABSENT:
None
ABSTAIN:
None
ATTEST:
City Clerk
City Council and MAYOR of the City of Hermosa Beach, California
APPROVED AS TO FORM:
1 '�~
City Attorney
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16-1362
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 16-1362 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 8th day of March, 2016, and the
Ordinance will be published in the Easy Reader newspaper on March 17, 2016.
The vote was as follows:
AYES: Duclos, Fangary, Mayor Petty
NOES: Massey
ABSENT: None
ABSTAIN: None
DATED: March 8, 2016
City Clerk