Stockton cannabis laws

 

The following summary of Stockton cannabis laws is for informational purposes only. If you need legal advice, consult an attorney.

Medical cannabis dispensaries

Medical cannabis dispensaries will be prohibited in the city of Stockton under the terms of two ordinances that passed their first reading on July 30, 2013. The vote by the Stockton City Council reverses course for the city, which had previously passed regulations allowing medical cannabis dispensaries under certain conditions.

The proposed ordinance allows enforcement under “any applicable law,” unless criminal enforcement would violate Prop. 215 and/or SB 420. It also appears to limit mobile delivery services by prohibiting dispensaries from using vehicles.

As a practical matter, the proposed dispensary ban also negates Measure I, the 2010 ballot measure that placed a 2.5 percent tax on gross receipts at medical cannabis dispensaries. The wording of Measure I also authorizes adult-use cannabis sales to be taxed, should such businesses be legalized in the future: “Shall Stockton’s Business License Tax Ordinance be amended to establish new business categories of: (1) permitted “Medical Cannabis Dispensaries” at a tax rate of $25.00 for each $1,000.00 of gross receipts; and (2) non-medical “Marijuana Businesses” at a tax rate of $100.00 for each $1,000.00 of gross receipts, for general fund revenue to mitigate impacts on City services such as police, fire and code enforcement?” There is no reference to Measure I in the staff report, but there is a statement that the dispensary ban would have “no anticipated significant financial impact” on the city. Measure I passed by a 2-1 margin.

Stockton medical cannabis dispensary ban – Staff report and draft ordinances.

The codified portions of the dispensary ban will appear in the Stockton Municipal Code:

16.80.195 Medical marijuana dispensaries are prohibited.

A. Medical marijuana dispensaries, as defined herein, are prohibited in the City of Stockton. No person or entity shall operate, locate or otherwise permit or suffer a medical marijuana dispensary within the City of Stockton.

B. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensary.

C. The prohibition in subsections A and B, above, includes, without limitation, renting, leasing, or otherwise permitting a medical [cannabis] dispensary to occupy or use a location, building, structure or vehicle.

D. The establishment, maintenance or operation of a medical [cannabis] dispensary, as defined herein, within the city limits of the City of Stockton is a public nuisance. Violations of this ordinance may be enforced by any applicable law, with criminal penalties limited if inconsistent with the Compassionate Use Act of 1996 or California Health and Safety Code Sec. 11362.7 et seq.

16.240.020 Definitions of specialized terms and phrases.

“Marijuana” also known as “cannabis” shall have the same meaning as set forth in California Health and Safety Code Section 11018 as of the effective date of this ordinance and as subsequently amended. Currently under Section 11018, “marijuana” means 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 resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. “Marijuana” shall also include concentrated cannabis, the separated resin, whether crude or purified, obtained from marijuana, and any foodstuffs infused with marijuana or concentrated cannabis.

“Medical marijuana dispensary” means and includes (a) any facility, building, structure or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana to two or more of the following: a qualified patient or person with an identification card, or a primary caregiver in strict accordance with California Health and Safety Code Sec. 11362.5 et seq., (b) any facility, building, structure or location where qualified patients and/or persons with an identification card and/or primary caregivers meet or congregate to cultivate or distribute marijuana for medical purposes; or (c) any not-for-profit site, facility, building, structure or location where two or more qualified patients and/or persons with an identification card associate, meet or congregate in order to collectively or cooperatively distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana for medicinal purposes pursuant to California Health and Safety Code Sec. 11362.5 et seq. and organized as a marijuana collective or cooperative as set forth in California Health and Safety Code Sec. 11362.775.

Notwithstanding the foregoing, “medical marijuana dispensary” shall not include or mean the following facility, building or location, or use, which shall not be subject to enforcement for violation of this ordinance, provided that the location of such facility, building or location, or use complies strictly with applicable law including, but not limited to, California Health and Safety Code Sec. 11362.5 et seq. and California Health and Safety Code Sec. 11362.7 et seq.:

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

(b). A health-care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

(c). 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.

(d). A residential care facility for the elderly, licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

(e). A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

(f). Any dwelling unit where one (1) qualified patient or person with an identification card, and one other individual identified as the primary caregiver of that qualified patient or person with an identification card, associate to collectively or cooperatively cultivate marijuana on-site for the personal medical use of the single qualified patient or person with an identification card. Any such cultivation shall comply with all other city ordinances.

Medical cannabis cultivation

Apart from the one-patient-per-grow-site limitation in Stockton Municipal Code Sec. 16.240.020(f), the city of Stockton does not have any current regulations regarding personal cultivation of medical cannabis. Because this is a rapidly evolving area of law, many California cities and counties are expected to pass cannabis cultivation laws in the coming months and years. General information about state cannabis laws can be found in the Cal NORML guide for patients.

When local regulations do arrive, they tend to do so quickly. Local Prop. 215 patients may wish to monitor the Stockton City Council agendas to ensure they have a voice in developing reasonable cannabis cultivation laws in Stockton.