This section of the Gilroy Municipal Code, pertaining to licensing and permitted uses in general, was

added by ordinance in January 2010. The full city code is viewable here.

ARTICLE VII. MEDICAL MARIJUANA DISPENSARY AS A PROHIBITED USE

13.65 Medical marijuana dispensary as a prohibited use.

(a) “Medical marijuana dispensary” or “dispensary” means any facility, enterprise, operation and/or
location, fixed or mobile, where medical marijuana is made available to or distributed by or distributed
to one (1) or more of the following:
(1) A qualified patient; or
(2) A primary caregiver.
For purposes of this section, the terms “qualified patient” and “primary caregiver” shall have the
definitions set forth in California Health and Safety Code section 11362.7. The terms “medical
marijuana dispensary” and “dispensary,” for purposes of this section, shall include facilities,
enterprises, operations and/or locations operated for charitable purposes and/or nonprofit purposes,
including those exempted from payment of license taxes pursuant to section 13.30, as well as all
facilities, enterprises, operations and/or locations operated for the purpose of making a profit for the
owners, investors, officers and/or employees thereof.
(b) A “medical marijuana dispensary” shall not include the following uses, as long as the location of
such uses is otherwise regulated by this code or applicable law:
(1) A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
(2) A health 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
(6) A home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code,
as long as such use complies strictly with applicable law, including but not limited to Health and Safety
Code section 11362.5 et seq.
(c) A medical marijuana dispensary as defined above shall not be established, operated or maintained at
any location within the city, even if located or operated with an otherwise permitted use. (Ord. No.
2010-03, § I, 1-25-10)