LOMPOC, SANTA BARBARA COUNTY, MEDICAL MARIJUANA DISPENSARIES REGULATION
As of August 12, 2012, the City of Lompoc in Santa Barbara County had in place a complete ban on medical marijuana dispensaries. The Lompoc ban is particularly harsh because it provides not only for civil and monetary sanctions but also punishes violations of the ban criminally as a misdemeanor. Further, the Lompoc ordinance makes criminals out operators of mobile dispensaries as well as landlords and tenants who allow medical marijuana dispensaries to be operated on their property.
The Lompoc ban is codified in Chapter 9.36 of the Lompoc City Code, titled “Prohibition of Medical Marijuana Dispensaries,” as follows:
Notwithstanding any contrary provision of the Lompoc City Code, no medical marijuana dispensary shall be established or located or operated within the City of Lompoc, nor shall any building permit, use permit, zoning clearance, business tax receipt, or other entitlement for use be issued for any medical marijuana dispensary, nor shall any existing uses be modified to add a medical marijuana dispensary.
No person shall establish, operate, or permit to be operated a medical marijuana dispensary in or upon any premises in the City, nor operate such a dispensary as a mobile vendor. It is a violation of this Chapter for any person to knowingly allow property of which he or she is the tenant or owner to be used as a medicinal marijuana dispensary. (Ord. 1540(07) § 2).
For the purposes of this Chapter, unless otherwise apparent from the context, the following definitions apply:
“Identification card” means a document issued by the California Department of Health Services, or by a county in the State of California, that identifies a person authorized to engage in the medical use of marijuana and that person’s primary caregiver, if any.
“Marijuana” means all parts of organically grown Cannabis plants, 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 seed, or its resin. “Marijuana” does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
“Medical marijuana dispensary,” “medicinal marijuana dispensary,” “dispensary,” “medical marijuana clinic” and “clinic” means any facility, site, location, or mobile vending vehicle where medical marijuana is distributed, sold, exchanged, given away, distributed, or made available to three or more persons in the following categories: primary caregiver, qualified patient, or person with a valid identification card, in strict accordance with California Health and Safety Code Sections 11362.5—11362.9, but does not include the following uses, so long as such uses and the location of such uses comply with applicable laws, including but not limited to California Health and Safety Code Sections 11362.5—11362.9 and the Lompoc City Code:
1. A clinic licensed pursuant to Chapter 1 of Division 2 (Sections 1200 et seq.) of the Health and Safety Code;
2. A health facility licensed pursuant to Chapter 2 of Division 2 (Sections 1250 et seq.) of the California Health and Safety Code;
3. A residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 (Sections 1568.01 et seq.) of the California Health and Safety Code;
4. A residential care facility for the elderly, licensed pursuant to Chapter 3.2 of Division 2 (Sections 1569.2 et seq.) of the California Health and Safety Code; and
5. A residential hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 (Sections 1725 et seq.) of the California Health and Safety Code.
“Medicinal marijuana” is marijuana authorized in strict compliance with California Health and Safety Code Sections 11362.5—11362.9.
“Primary caregiver” means the individual (or individuals) older than 18 years of age, designated by a qualified patient, who has consistently assumed responsibility for the housing, health, or safety of that qualified patient.
“Qualified patient” means a seriously ill person who obtains a recommendation from a physician, licensed to practice medicine in the State of California, to use marijuana for personal medical purposes. In addition, persons currently under the care of a physician for certain medical conditions including, but not limited to, HIV/AIDS, cancer, glaucoma, epilepsy or other spasticity related illnesses, migraine, anorexia, severe nausea are presumed to be “qualified patients.” (Ord. 1540(07) § 2)
9.36.030 Public Nuisance.
Any use or condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be and is hereby declared to be a public nuisance that may be summarily abated by the City. (Ord. 1540(07) § 2)
The following nonexclusive remedies may be used by the City as penalties for violations of this Chapter.
A. Criminal. Violation of any provision of this Chapter, or the causing or permitting another to violate any provision of this Chapter, is a misdemeanor.
B. Civil. The violation of any provision of this Chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of City, create a cause of action for injunctive relief as well as any other available civil remedies.
C. Separate Offense for Each Day. Any person who violates any provision of this Chapter is guilty of a separate offense for each day during any portion of which such person commits, continues, permits, or causes a violation of this Chapter and shall be penalized accordingly. (Ord. 1540(07) § 2)