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ORD 2137
City of Pleasanton
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ORD 2137
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6/30/2023 4:22:25 PM
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2/3/2016 1:21:25 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT DATE
1/19/2016
DESTRUCT DATE
PERMANENT
DOCUMENT NO
2137
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Ordinance
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Ordinance
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A. "Commercial medical marijuana activity" means the cultivation, possession, manufacture, <br />processing, storing, laboratory testing, labeling, transporting, distribution or sale of medical <br />marijuana or medical marijuana products, in accordance with California Business & Professions <br />Code Section 19300.5(k), as amended. Commercial medical marijuana activity does not include <br />activity by qualified patients who only use medical marijuana for personal medical use in private <br />and their primary caregivers. <br />B. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, <br />grading or trimming of cannabis, in accordance with Califomia Business & Professions Code <br />Section 19300.5(1), as amended. <br />C. "Delivery" shall have the same meaning as set forth in California Business & Professions <br />Code Section 19300.5(m), as amended . <br />D. "Medical marijuana" means marijuana in compliance with California Health and Safety Code <br />Sections 11362.5 et seq., as well as medical marijuana products, and cannabis and cannabis <br />concentrate as defined by California Business & Professions Code Section 19300.5, as <br />amended. <br />E. "Medical marijuana dispensary" means any facility or location, whether fixed or mobile, <br />where medical marijuana is made available to, distributed by, or distributed to one or more of <br />the following: a qualified patient, a person with an identification card, or a primary caregiver, in <br />accordance with California Health and Safety Code Section 11362.5 et seq. and California <br />Business & Professions Code Section 19300.5(n), as amended. <br />A medical marijuana dispensary shall not include the following uses, so long as such uses <br />comply with this code, Califomia Health and Safety Code Section 11362.5 et seq., as amended, <br />and other applicable law: <br />1. A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety <br />Code, as amended; <br />2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health <br />and Safety Code, as amended; <br />3. A residential care facility for persons with chronic life- threatening illness licensed pursuant <br />to Chapter 3.01 of Division 2 of the California Health and Safety Code, as amended; <br />4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of <br />the Califomia Health and Safety Code, as amended; <br />5. A hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the <br />California Health and Safety Code, as amended. <br />F. "Person with an identification card" shall have the meaning given that term by Califomia <br />Health and Safety Code Section 11362.7, as amended. <br />G. "Primary caregiver" shall have the meaning given that term by Califomia Health and Safety <br />Code Section 11362.7, as amended. <br />H. "Qualified patient" shall have the meaning given that term by California Health and Safety <br />Code Section 11362.7, as amended. <br />6.18.020 Operation of medical marijuana dispensaries prohibited. <br />In addition to the other prohibitions in this Chapter 6.18, no person shall operate or permit to be <br />operated a medical marijuana dispensary in or upon any premises in the city. <br />
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