COALINGA, CALIFORNIA - MUNICIPAL CODETITLE 5. - PUBLIC WELFARECHAPTER 15 - MEDICAL MARIJUANA
CHAPTER 15 - MEDICAL MARIJUANA
Sec. 5-15.01. - Purpose and intent.Sec. 5-15.02. - Definitions.Sec. 5-15.03. - Regulations applicable to the cultivation of medical marijuana.Sec. 5-15.04. - Prohibition of medical marijuana dispensaries.Sec. 5-15.05. - Regulations applicable to the consumption of medical marijuana.Sec. 5-15.06. - Penalties and enforcement.
Sec. 5-15.01.
- Purpose and intent.It is the purpose and intent of this Chapter to promote the health, safety, and general welfare of the residents and businesses within the City by regulating the cultivation, distribution, and consumption of medical marijuana.(Ord. No. 758, § 2, eff. 7-3-2010)
Sec. 5-15.02.
- Definitions.For purposes of this chapter, the following definitions shall apply:(a)"Medical Marijuana": Is defined in strict accordance with California Health and Safety Code sections11018, 11362.5, and 11362.7 et seq.(b)"Cultivation of medical marijuana": The growing of medical marijuana for medical purposes asdefined in strict accordance with California Health and Safety Code sections 11362.5 and 11362.7 et seq.(c)"Collective or cooperative cultivation": The association within California of qualified patients, personswith valid identification cards, and designated primary care givers to cultivate marijuana for medical purposes as defined in strict accordance with California Health and Safety Code sections 11362.5 and11362.7 et seq.(d)"Medical marijuana dispensary": Any facility or location, whether fixed or mobile, and any building or structure, where medical marijuana is made available to, distributed by, or distributed to more than two (2)of the following: a qualified patient, a person with an identification card, or a primary caregiver as thoseterms are defined in California Health and Safety Code Section 11362.5 and 11362.7 et seq. Unlessotherwise regulated by this Code or applicable law, a "medical marijuana dispensary" shall not include thefollowing uses: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential carefacility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuantto Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly withapplicable law including, but not limited to, Health and Safety Code sections 11362.5 and 11362.7 et seq.
Coalinga, California, Code of OrdinancesPage 1 of 3
COALINGA, CALIFORNIA - MUNICIPAL CODETITLE 5. - PUBLIC WELFARECHAPTER 15 - MEDICAL MARIJUANA
(Ord. No. 758, § 2, eff. 7-3-2010)
Sec. 5-15.03.
- Regulations applicable to the cultivation of medical marijuana.To the extent that the City is required to allow the cultivation of medical marijuana under State law, theregulations set forth herein shall apply. Nothing in this section shall be interpreted to permit medical marijuanadispensaries otherwise prohibited by this Chapter or the City's Zoning Regulations.A.Secure Enclosed Structure. The cultivation of medical marijuana shall at all times occur in a secure,locked, and fully enclosed structure, including a ceiling, roof or top.B.Patient Cultivation. For qualified patients and persons with identification cards, the following shallapply: each qualified patient and person with an identification card may cultivate in any residential zonedistrict a quantity of marijuana plants in an amount sufficient, but not to exceed, the amount that isreasonably related to the current medical needs of the qualified patient or person with identification card.C.Primary Caregiver Cultivation. For primary care givers, the following shall apply: each primary caregiver may cultivate in any residential zone district, or within the grounds of a clinic, health care facility,licensed residential care facility for persons with chronic life-threatening illness or for the elderly (asdefined in Health and Safety Code section 11362.7(d)(1)), or residential hospice licensed pursuant toapplicable provisions of the California Health and Safety Code and located in the PO (Professional Office)district, C-AO (Administrative and Office Commercial) district, CN (Neighborhood Commercial) district, or CC (Central and Community Commercial) district, a quantity of marijuana plants in an amount sufficient, but not to exceed, the amount that is reasonably related to the current medical needs of the qualified patientor person with identification card within that person's care, and subject to the medical marijuana dispensary prohibition.D.Collective or Cooperative Cultivation. The collective or cooperative cultivation of marijuana is a prohibited use in all zone districts of the City.(Ord. No. 758, § 2, eff. 7-3-2010)
Sec. 5-15.04.
- Prohibition of medical marijuana dispensaries.Medical marijuana dispensaries as defined in Section 5-15.02 are prohibited in the City of Coalinga.(Ord. No. 758, § 2, eff. 7-3-2010)
Sec. 5-15.05.
- Regulations applicable to the consumption of medical marijuana. No person shall smoke, ingest, or otherwise consume medical marijuana in the City of Coalinga unless suchsmoking, ingesting or consumption occurs entirely within a private residence, or within a clinic, health carefacility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the CaliforniaHealth and Safety Code.(Ord. No. 758, § 2, eff. 7-3-2010)
Sec. 5-15.06.
- Penalties and enforcement.Violations of this Chapter shall be considered misdemeanors and are punishable in accordance with Chapter 4, of Title 1, of the Coalinga Municipal Code. Each and every day, or portion thereof, a violation exists is a separateoffense. The City may also pursue all applicable civil and administrative remedies, including but not limited toinjunctive relief and administrative citations.Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this
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Coalinga medical cannabis ordinance
This 2010 ordinance bans dispensaries, collectives, outdoor cultivation and even the consumption of medical cannabis outside your own home.
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