California Medical Marijuana Guidelines Survey

Disclaimer: Please note that local regulations and ordinances are constantly changing.  While we make this information available to the public at our earliest convenience, this site is not instantaneously updated whenever an ordinance or regulation changes.  Please check directly with your local municipality (city, county, or city and county) to ensure that your decisions are based on the most up-to-date information.  This information is not a substitute for legal advice; please consult with counsel for legal advice.  You can reach the Law Offices of Omar Figueroa at (707) 829-0215, at (415) 489-0420, and at www.omarfigueroa.com.

Los Angeles County

Ordinance No. 2016-0031U (2016)

Chapter 7.55 Medical Marijuana Dispensaries (2006)

News articles sent to us by the Los Angeles District Attorney's Office (July 2013):

LA's Marijuana Stores Take Root (November 20, 2012)

Los Angeles High Times (April 2007)

Los Angeles Victory on Medical Marijuana (May 9, 2006)

Alhambra

Alhambra Ordinance Number 02M8 4531A (September 25, 2008)

Burbank

Burbank District Attorney Response (June 27, 2013)

Claremont

Claremont Medical Marijuana Article (April 18, 2007)

Downey City

Medical Marijuana on the Downey City Code (July 2013)

Glendale

Glendale City Attorney Response June 24, 2013)

Chapter 9.10 - Medical Marijuana Dispensaries

9.10.010 - Definitions.

"Medical marijuana dispensary" or "dispensary" means any association, business, facility, use, establishment or location, delivery service, cooperative, collective, provider, whether fixed or mobile, that possesses, cultivates, distributes, or makes available medical marijuana to one (1) or more of the following: "primary caregiver", "qualified patient", or "person with an identification card." All three of these terms shall be defined in strict accordance with California Health and Safety Code section 11362.5 et seq. 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 application law: 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 facility licensed pursuant to chapter 2 of division 2 of the Health and Safety Code, 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, 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 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.

(Prior code § 11-19)

9.10.020 - Medical marijuana dispensary as a prohibited use.

A medical marijuana dispensary as defined in section 9.10.010 is prohibited in the city of Glendale.

(Ord. No. 5745, § 3, 8-9-2011)

Inglewood

Inglewood City Attorney Response (June 24, 2013)
Section 12-16.4. Medical Marijuana Sale or Distribution Prohibited. Exceptions.

     (a)     The sale or dispensing of marijuana for medical purposes or otherwise at any medical marijuana dispensary, association, cooperative, club, delivery service, collective, medical clinic (except as provided by this Section) or any other similar use involved in the sale, possession, cultivation, use and/or distribution of marijuana for medical purposes is prohibited in all zones and no use permit of any type shall be issued for such use.

(1)     A “Medical Clinic” shall mean a medical facility as defined by Section 1200 of Chapter 1 of Division 2 of the California Health and Safety Code.

(2)     A “Medical Marijuana Dispensary” shall mean any facility or location, whether fixed or mobile, where medical marijuana is made available to, or distributed to, or distributed by, one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card. All three of these terms are identified in strict accordance with California Health and Safety Code Sections 11362.5 et seq.

(b)     The outpatient sale or dispensing of marijuana for medical purposes or otherwise is prohibited in all zones and no use permit of any type shall be issued.

(c)     The inpatient sale of dispensing of marijuana for medical purposes to patients for their use exclusively subject to Special Use Permit approval, and strict compliance with applicable laws including but not limited to Health and Safety Code Sections 11362.5 et seq., (the Compassionate Use Act) at the following medical facilities:

(1)     A health facility for persons admitted for a twenty-four-hour stay or longer that is licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

(2)     Hospitals and all other long term health facilities 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 Division 2 of the Health and Safety Code.

(6)     Any other similar medical facility.

(Ord. 08-19 8-19-08)

 

Lakewood

Lakewood City Attorney Response (June 28, 2013)

9.43.020 Definitions

As used in this chapter, unless the context otherwise requires:
"Marijuana" or "marihuana" mean all parts of the plant cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination, if these items exist apart from any other item defined as "marijuana" in this subsection. "Marijuana" does not include marijuana concentrate as defined in this section.
"Marijuana concentrate" means hashish, tetrahydrocannabinols, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinols. (Ord. O-91-28 § 1 (part), 1991).
9.43.030 Possession of marijuana
It is unlawful for any person to knowingly possess less than eight ounces of marijuana. (Ord. O-2007-28 § 5, 2007; Ord. O-91-28 § 1 (part), 1991).
9.43.040 Public display, consumption, or use of marijuana
It is unlawful for any person to openly and publicly display, consume, or use less than eight ounces of marijuana. (Ord. O-2007-28 § 6, 2007; Ord. O-91-28 § 1 (part), 1991).
9.43.060 Exception
Pursuant to Section 14 of Article XVIII of the State Constitution which creates limited exceptions to the criminal laws of this state for patients, primary care givers, and physicians concerning the medical use of marijuana, by a patient to alleviate an appropriately diagnosed debilitating medical condition, Section 9.43.030, Possession of Marijuana, shall not apply to any patient or primary care-giver in lawful possession of a registry identification card engaging in or assisting in the medical use of marijuana. (Ord. O-2001-34 § 3; Ord. O-91-28 § 1 (part), 1991).9.43.070 Affirmative defense
A patient or primary care-giver charged with a violation of Section 9.43.030 of this Chapter related to the patient's medical use of marijuana as set forth in Section 14 of Article XVIII of the State Constitution will be deemed to have established an affirmative defense to such allegation where:
A. The patient was previously diagnosed by a physician as having a debilitating medical condition;
B. The patient was advised by his or her physician in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of marijuana in connection with a debilitating medical condition; and
C. The patient and his or her primary caregiver were collectively in possession of the amounts of marijuana only as permitted under the State Constitution. (Ord. O-2001-34 § 4).

Lancaster

Lancaster City Attorney Response (June 28, 2013)

Lancaster Medical Marijuana Ordinance 420

Medical Marijuana court ruling from Lancaster (May 6, 2013)

All American Health Letter to CJC (July 30, 2009)

Los Angeles

City of Los Angeles Measure M - Ordinance No. 184,841 (March 7, 2017)

Los Angeles City Attorney Marijuana Information Webpage (Updated 2017)

Los Angeles District Attorney Response (July 24, 2013)

Los Angeles Sheriff's Department Response (July 2, 2013)

Los Angeles County Sheriff's Department Newsletter Medical Marijuana (August 22, 2007)

Long Beach

Long Beach Marijuana Business Portal (2017)

Long Beach Medical Marijuana FAQs (2017)

Long Beach Application for New Medical Marijuana Businesses (April 2017)

Long Beach Medical Marijuana Facility Permit Requirements (Rev. April 28, 2017)

Measure MA - Cannabis Business Tax (Nov. 8, 2016)

Measure MM - Medical Marijuana Citizen's Initiative (Nov. 8, 2016)

Long Beach City Attorney Response (June 17, 2013)

Long Beach Medical Marijuana on Municipal Code (June 25, 2013)

Pasadena

Pasadena Ordinance 7018 on Medical Marijuana

Pasadena City Council Meeting on Medical Marijuana

Pomona

Pomona Response (June 21, 2013)

City of Pomona Council Report (December 17, 2007)

City of Pomona Planning Commission Report (November 7, 2013)

Pomona Ordinance No. 4096 (2013)

Santa Clarita

Santa Clarita City Attorney Response (June 24, 2013)

Santa Monica

Santa Monica City Attorney Response (June 25, 2013)

South Gate City

South Gate City Medical Marijuana in Municipal Code 

West Covina

Medical Marijuana on West Covina Code of Ordinances (July 17, 2013)

Whittier

Whittier (July 5, 2013)

Whittier Medical Marijuana Ordinance (2013)