Skip to main content
Loading…
This section is included in your selections.

a. Medical Marijuana Dispensaries Prohibited. Medical marijuana dispensaries are prohibited in the City of Monterey. No person shall locate, operate, own, suffer, allow to be operated or aid, abet, lease to or assist in the operation of any fixed or mobile medical marijuana dispensary within the City in any zone. The operation of a medical marijuana dispensary in the City of Monterey shall constitute a public nuisance.

“Medical marijuana dispensary” is defined as any facility, clinic, cooperative, club, business, group or location, whether fixed or mobile, where medical marijuana is made available to, exchanged, sold, or distributed to a qualified patient, a person with an identification card, and/or a primary caregiver as defined by State law. A medical marijuana dispensary shall not include the following uses, as long as the location of such use is otherwise in accordance with this code and other applicable law:

1.A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

2.A health care 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 hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.

b. Medical Marijuana Delivery Prohibited. Deliveries of medical marijuana and medical cannabis products are prohibited. “Delivery” is as defined in Business and Professions Code Section 19300.5(m), as this section may be further amended.

c. Medical Marijuana Cultivation Prohibited. Marijuana cultivation by any person or business, including but not limited to primary caregivers, qualified patients, collectives, cooperatives, or dispensaries, is prohibited.

d. Marijuana Dispensaries Prohibited. Marijuana dispensaries are prohibited in the City of Monterey. No person shall locate, operate, own, suffer, allow to be operated or aid, abet or assist in the operation of any fixed or mobile marijuana dispensary within the City in any zone. The operation of a marijuana dispensary in the City of Monterey shall constitute a public nuisance.

“Marijuana dispensary” is defined as any facility, clinic, cooperative, club, business, group or location, whether fixed or mobile, where marijuana is made available to, sold, exchanged, or distributed to any person. A marijuana dispensary shall not include the following uses, as long as the location of such use is otherwise in accordance with this code and other applicable law:

1.A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

2.A health care 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 hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.

e. Marijuana Sales Prohibited.

1.No person shall grow, sell, exchange, or distribute marijuana within the City in any zone, or engage in any operation for this purpose.

2.No person shall make, sell or distribute any marijuana-infused product such as tinctures, baked goods or other consumable products, or participate in any operation for this purpose.

f. Exception. Cannabis testing laboratories with a valid use permit under Section 38-40(B) and current business license under Section 19-4 are exempt from this section. (Ord. 3634 § 7, 2020; Ord. 3532 § 3, 2015; Ord. 3465, 2011)