City ordinances

 

This page only lists city ordinances for incorporated cities in Fresno County. A larger index of California medical marijuana laws, by city is maintained on MyCaliforniaCannabis.com. Because cannabis laws change quickly, often with little public notice, you should contact city staff for an official copy of the most recent ordinance.

Clovis
Coalinga
Firebaugh
Fowler
Fresno
Huron
Kerman
Kingsburg
Mendota
Orange Cove
Parlier
Reedley
Sanger
San Joaquin
Selma



CLOVIS
Cultivation limits, dispensary ban (2006)
Outdoor growing ban, indoor growing rules (2012)

COALINGA
This 2010 ordinance bans dispensaries, collectives, outdoor cultivation and even the consumption of medical cannabis outside the patient’s own home.

Medical cannabis regulations (2010)

FIREBAUGH
This entry will be updated soon.

FOWLER
Medical cannabis dispensary ban (2007)

FRESNO

HURON
This entry will be updated soon.

KERMAN
Kerman Municipal Code

9.06.010 Purpose and intent.

It is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating medical marijuana dispensaries. (Ord. 04-05 §1(part), 2004).

9.06.020 Definitions.

For the purposes of this chapter, the following terms shall be defined as follows, unless the context requires a different meaning:

“Medical marijuana” is defined in strict accordance with California Health and Safety Code Section 11362.5 et seq.

“Medical marijuana dispensary” means any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to one or more of the following: (1) a “qualified patient,” (2) a “person with an identification card,” or (3) a “primary caregiver” as those terms are defined in strict accordance with California Health and Safety Code Section 11362.5 et seq. Unless otherwise regulated by this code or applicable law, “medical marijuana dispensary” shall not include the following uses: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care 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 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 any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. (Ord. 04-05 §1(part), 2004).

9.06.030 Limitations and prohibitions applicable to medical marijuana dispensaries.

A. Medical marijuana dispensaries where medical marijuana is distributed by, distributed to, or made available to any combination of three or more qualified patients, persons with identification card, or primary caregivers as defined by California Health and Safety Code Section 11362.5 et seq. are prohibited.

B. Medical marijuana dispensaries are prohibited from engaging in the sale, dispensing, or distribution of any item other than medical marijuana as allowed by law.

C. No more than one medical marijuana dispensary may operate out of a single building or legal parcel. (Ord. 04-05 §1(part), 2004).

9.06.040 Separable provisions.

If any section, subdivision, sentence, clause or phrase of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision, and that holding shall not affect the validity of the remaining portion thereof. (Ord. 04-05 §1(part), 2004).

KINGSBURG
Medical cannabis dispensary ban (2010)

MENDOTA
Dispensaries are a “prohibited home occupation” under the same Municipal Code section that bans home-based adult businesses, massage parlors, etc.

REEDLEY
Medical marijuana dispensaries as defined in section 5-11-2 are prohibited in the city of Reedley. (Ord. 2009-06, 1-12-2010)

5-11-2: DEFINITIONS:

For purposes of this chapter, the following definitions shall apply:

COLLECTIVE OR COOPERATIVE CULTIVATION: The association within California of qualified patients, persons with valid identification cards, and designated primary caregivers to cultivate marijuana for medical purposes as defined in strict accordance with California Health and Safety Code sections 11362.5 and 11362.7 et seq.

CULTIVATION OF MEDICAL MARIJUANA: The growing of medical marijuana for medical purposes as defined in strict accordance with California Health and Safety Code sections 11362.5 and 11362.7 et seq.

MEDICAL MARIJUANA: Is defined in strict accordance with California Health and Safety Code sections 11018, 11362.5, and 11362.7 et seq.

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 those terms are defined in California Health and Safety Code sections 11362.5 and 11362.7 et seq. Unless otherwise regulated by this code or applicable law, a “medical marijuana dispensary” shall not include the following 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 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 any such use complies strictly with applicable law including, but not limited to, Health and Safety Code sections 11362.5 and 11362.7 et seq. (Ord. 2009-06, 1-12-2010)

5-11-3: 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, the regulations set forth herein shall apply. Nothing in this section shall be interpreted to permit medical marijuana dispensaries 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 shall apply: Each qualified patient and person with an identification card may cultivate in any residential zone district up to six (6) mature or twelve (12) immature marijuana plants, or as otherwise recommended by a doctor in accordance with California Health and Safety Code section 11362.77, up to a maximum of twenty four (24) plants, whether mature or immature.

C. Primary Caregiver Cultivation: For primary caregivers, the following shall apply: Each primary caregiver may cultivate in any residential zone district, or within the grounds of a clinic, healthcare facility, residential care facility, or residential hospice licensed pursuant to applicable 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, up to six (6) mature or twelve (12) immature marijuana plants, or as otherwise recommended by a doctor, for each qualified patient in accordance with Health and Safety Code section 11362.77, up to a maximum of twenty four (24) plants for all qualified patients combined, whether mature or immature, 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. 2009-06, 1-12-2010)

ORANGE COVE
This entry will be updated soon.

PARLIER
This entry will be updated soon.

REEDLEY
This entry will be updated soon.

SANGER
This entry will be updated soon.

SAN JOAQUIN
This entry will be updated soon.

SELMA

11-32-1: DEFINITIONS:

As used in this chapter, unless the context otherwise requires:

MARIJUANA: All parts of the plant Cannabis sativa L., including, the seeds thereof; the resin extracted from any part of the plant; and every component, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

MEDICAL MARIJUANA: Shall mean and refer to marijuana used, possessed, distributed, sold or cultivated for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of any illness for which marijuana provides relief. (Ord. 2010-4, 10-4-2010)

11-32-2: USES RELATED TO MEDICAL MARIJUANA PROHIBITED:

(A) Uses related to medical marijuana, including, but not limited to, dispensing, cultivating, selling or using medical marijuana are hereby prohibited in the city of Selma.

(B) No use permit, variance, conditional use permit or other applicable entitlement or approval will be accepted, approved or issued for any establishment related to medical marijuana or the operation of a medical marijuana dispensary. (Ord. 2010-4, 10-4-2010)

 Posted by at 8:14 pm