The Firebaugh Municipal Code has limited references to marijuana. Medical cannabis dispensaries are prohibited in all zone districts.
Chapter 4-5 — Tobacco Retailers
Chapter 4-5.19 — Drug Paraphernalia.
It shall be a violation of this section for any licensee or any of the licensee’s agents or employees, to violate any local, State, or Federal law regulating controlled substances or drug paraphernalia, as defined in section 11364.5 of the Health and Safety Code, such as, for example California Health and Safety Code section 11364.7, except that a violation of Federal law relating to the use of medical marijuana shall not be a violation of this section if the conduct at issue is authorized pursuant to California Health and Safety Code sections 11362.7 et seq. (Ord. #09-06, S1)
Chapter 25 — Zoning
Chapter 25-1.7 — Definitions
b. Specific Definitions…
170.1. “Medical marijuana dispensary” shall mean any facility or location, whether fixed or mobile, where medical marijuana is made available to or distributed by or distributed to one (1) or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card, as those terms are defined in California Health and Safety Code Section 11362.5 et seq.
Chapter 25-2.3.5 — Prohibited Uses
The following land uses are prohibited in all zoning districts:
a. Medical marijuana dispensaries;
b. Notwithstanding any other provision of this Code, the sale or distribution of a controlled substance under Federal or State law shall not be a permitted use on any property or in any building or structure in any zone throughout the city, unless the person or entity selling or distributing the controlled substance has all applicable State and Federal pharmaceutical licenses. This prohibition shall not interfere with the individual rights of qualified persons to participate in collectives or cooperatives in order to possess or use marijuana for medical purposes as provided for by the voters of the State of California under the Compassionate Use Act of 1966 and of the California Legislature under Senate Bill 420 (2003).