- CITY CODE
Title 8 - HEALTH AND SAFETY
CHAPTER 8.26. MARIJUANA BUSINESSES
Diamond Bar, California, Code of Ordinances Created: 2023-11-29 09:40:57 [EST] (Supp. No. 37)
CHAPTER 8.26. MARIJUANA BUSINESSES1
Sec. 8.26.010. Medical marijuana businesses—Prohibited.
A medical marijuana dispensary shall be considered a prohibited use in any zoning district of the city, even if located within an otherwise permitted use, and neither the city council nor city staff shall approve any use, interpretation, permit, license, certificate of occupancy, zoning code or general plan amendment allowing the operation and/or establishment of a medical marijuana dispensary. ( Ord. No. 04(2014), § 1, 3-18-14 )
Sec. 8.26.020. Definitions.
For purposes of this Chapter the following definitions shall apply:
Medical marijuana dispensary means any association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, cultivates, distributes, makes available or otherwise facilitates the distribution of marijuana to or for more than three persons or to or for any person who is not a qualified patient or primary caregiver.
The term "marijuana transport business" when used in this chapter shall be any person or entity that transports or offers to transport marijuana in any vehicle or by any other means. A person who is transporting marijuana to a qualified patient for whom he or she is the primary caregiver shall not be a "marijuana transport business".
Primary caregiver is an individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health or safety of that patient or person as is further defined in California Health and Safety Code section 11362.7.
Qualified patient is a person who is entitled to the protections of the California Health and Safety Code section 11362.5, inclusive of a person with an identification card as that termed is defined in California Health and Safety Code section 11362.7.
( Ord. No. 04(2014), § 1, 3-18-14 )
Sec. 8.26.030. Additional prohibitions.
No person shall own, operate, or manage a medical marijuana dispensary or marijuana transport business.
No person shall lease or offer to lease any facility or any location as a medical marijuana dispensary or for a marijuana transport business. No person shall employ any persons or be employed at a medical marijuana dispensary or in a marijuana transport business.
( Ord. No. 04(2014), § 1, 3-18-14 )
1Ord. No. 09(2016) , § I, adopted November 1, 2016, amended chapter 8.26 title to read as herein set out.
Formerly, such title pertained to medical marijuana businesses.
Created: 2023-11-29 09:40:57 [EST]
(Supp. No. 37)
Sec. 8.26.040. Penalties.
(a) Public nuisance. Any violation of this chapter shall constitute a public nuisance and may be abated in accordance with section 1.04.010(e) of the Diamond Bar Municipal Code. (b) Any person who violates this chapter shall be guilty of a misdemeanor and be punished as provided for in section 1.04.010(a) of the Diamond Bar Municipal Code." ( Ord. No. 04(2014), § 1, 3-18-14 )
Sec. 8.26.050. Marijuana businesses—Prohibited.
(a) A marijuana dispensary shall be a prohibited use in any zoning district of the city, even if located within an otherwise permitted use, and neither the city council nor city staff shall approve any use, interpretation, permit, license, certificate of occupancy, zoning code or general plan amendment allowing the operation and/or establishment of a marijuana dispensary.
(b) No person shall plant, cultivate, harvest, dry or otherwise process, in any manner, marijuana or marijuana products outdoors.
( Ord. No. 09(2016) , § I, 11-1-16)
Sec. 8.26.060. Definitions.
For purposes of section 8.26.050, the following definitions shall apply:
(a) "Marijuana dispensary" means any association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, transports, cultivates, distributes, makes available or otherwise facilitates the distribution of marijuana, marijuana products or marijuana accessories.
(b) "Marijuana", "marijuana products" and "marijuana accessories", respectively, shall have the same meaning as provided in the text of Proposition 64 as proposed for Health and Safety Code §§ 11018, 11018.1 and 11018.2.
(c) "Smoke" shall have the same meaning as provided in the text of Proposition 64 as proposed for Health and Safety Code § 11362.3(c).
( Ord. No. 09(2016) , § I, 11-1-16)
Sec. 8.26.070. Additional prohibitions.
No person shall possess, ingest or smoke marijuana in any building or any property owned, leased or occupied by the city.
( Ord. No. 09(2016) , § I, 11-1-16)