Moreno Valley Cannabis Laws

2016 – Moreno Valley Muncipal Code Sec. 11.10: Medical Marijuana Dispensaries

11.10.010 Purpose and findings.

The city council finds that federal and state laws prohibiting the possession, sale and distribution of marijuana would preclude the opening of medical marijuana dispensaries sanctioned by the city of Moreno Valley, and in order to serve the public health, safety and welfare of the residents and businesses within the city, the declared purpose of this chapter is to prohibit medical marijuana dispensaries as stated in this chapter.

11.10.020 Definitions.

The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:

“Identification card” means a document issued by the California State Department of Health Services which identifies a person authorized by the state to engage in the medical use of marijuana and the person’s designated primary caregiver, if any.

“Medical marijuana” means marijuana used 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 cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other serious medical condition for which marijuana is deemed to provide relief as defined by subsection (h) of California Health and Safety Code Section 11362.7.

“Medical marijuana dispensary” means any facility, vehicle, structure or location, utilized in full or in part, as a place where medical marijuana is made available, sold, traded, exchanged, bartered, located, stored, placed, cultivated and/or distributed by or to three or more of the following: a qualified patient, a person with an identification card, or a primary caregiver. Each of these terms is defined herein and shall be interpreted in strict accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq., as such sections may be amended from time to time. “Medical marijuana dispensary” shall not include a state-licensed “in-patient” medical treatment facility, but only to the extent that it dispenses medical marijuana in accordance with state law to patients admintted to that facility for in-patient treatment.

“Primary caregiver” means the 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.

“Physician” means an individual who possesses a recognition in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling or referral of a patient and who has conducted a medical examination of that patient before recording in the patient’s medical record the physician’s assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate.

“Qualified patient” means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card issued by the California State Department of Health Services.

11.10.030 Prohibitions.

It is unlawful for any person or entity to own, manage, conduct or operate any medical marijuana dispensary or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical marijuana dispensary in the city of Moreno Valley.

11.10.040 Use or activity prohibited by state or federal law.

Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

(Ord. 768 § 1, 2008; Ord. 767 § 1, 2008)

Cannabis cultivation

Moreno Valley does not have any explicit regulations regarding personal cannabis cultivation. Collective cultivation sites are presumably banned under the city’s dispensary ordinance. Check the California NORML cultivation guidelines for more information.