Chapter 5.28
MEDICAL MARIJUANA FACILITIES REGULATORY PERMIT

Sections:

5.28.010    Purpose and intent.

5.28.020    Medical marijuana facilities.

5.28.030    Definitions.

5.28.040    City council review and approval.

5.28.050    Regulatory permit required.

5.28.060    Background check.

5.28.070    Grounds for denial.

5.28.080    Fees and charges.

5.28.090    Development agreement.

5.28.100    Cessation of operations.

5.28.110    Change in location; updated registration form.

5.28.120    Renewal or revocation of regulatory permit.

5.28.130    Limitations on city’s liability.

5.28.140    Additional terms and conditions.

5.28.150    Signage.

5.28.160    Cultivation, dispensary, and manufacturing locations.

5.28.170    Dispensing of medical marijuana.

5.28.180    Delivery of medical marijuana.

5.28.190    Packaging of medical marijuana.

5.28.200    Medical marijuana facility operations.

5.28.210    Public health and safety.

5.28.220    Records.

5.28.230    Audit.

5.28.240    Community relations.

5.28.250    Compliance.

5.28.260    Inspections and enforcement.

5.28.270    Appeals.

5.28.280    Violations.

5.28.290    Implementation procedures.

5.28.010 Purpose and intent.

A.    If medical marijuana dispensary, cultivation, and manufacturing facilities were permitted to be established or if existing businesses were permitted to distribute, sell or cultivate medical marijuana, or manufacture edible medical marijuana products without appropriate regulation, such uses might be established in areas that would conflict with the requirements of the general plan, be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare, or the operation of such facilities may be in conflict with applicable state law and regulations. The city council desires to enact reasonable regulations pertaining to medical marijuana dispensary, cultivation, and manufacturing facilities to ensure that qualified patients and their primary caregivers are afforded safe and convenient access to medical marijuana, while at the same time ensuring that such uses do not conflict with the general plan, are not inconsistent with surrounding uses, and are not detrimental to the public health, safety and welfare, and the operation of such facilities is in compliance with applicable state law and regulations.

B.    Medical marijuana facilities shall be permitted, upon application and approval of a regulatory permit in accordance with the criteria and procedures set forth in this code.

C.    The criteria, procedures, standards, requirements, regulations, and provisions set forth in this code shall be interpreted and applied consistent with all applicable state laws and regulations. To the extent any criteria, procedure, standard, requirement, regulation, or provision of this code conflicts with or contradicts any applicable state law or regulation, or establishes a criteria, procedure, standard, requirement, or regulation that does not meet the minimum standards of any applicable state law or regulation, the requirements of the applicable state law or regulation shall take precedence. (Ord. 515 §2(part), 2016).

5.28.020 Medical marijuana facilities.

A.    Medical marijuana facilities permitted under this chapter include medical marijuana dispensaries, medical marijuana cultivation facilities, and medical marijuana manufacturing facilities that are owned and operated by bona fide nonprofit organizations such as a cooperative or a collective, subject to the provisions of the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5), the Medical Marijuana Program Act (California Health and Safety Code Sections 11362.7 through 11362.83), the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, and any other state laws pertaining to dispensing or cultivating medical marijuana or manufacturing edible medical marijuana products. Upon implementation of the licensing and regulatory scheme established by the Medical Marijuana Regulation and Safety Act, and the phasing out of the existing statewide model of marijuana cooperatives and collectives as provided for thereunder, medical marijuana facilities permitted under this chapter shall be as authorized by that Act and regulations issued by the state thereunder.

B.    A medical marijuana dispensary is a facility authorized under this chapter where medical marijuana, medical marijuana products, or devices for the use of medical marijuana or medical marijuana products are offered, either individually or in any combination, for retail sale, including an establishment that delivers medical marijuana and medical marijuana products as part of a retail sale.

C.    A medical marijuana cultivation facility includes any facility where medical marijuana is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities.

D.    A medical marijuana manufacturing facility is a facility that produces, prepares, propagates, or compounds manufactured medical marijuana, as described in subsection E of this section, or medical marijuana products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical marijuana or medical marijuana products or labels or relabels its container.

E.    Manufactured medical marijuana means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. (Ord. 515 §2(part), 2016).

5.28.030 Definitions.

Words and phrases not specifically defined in this code shall have the meaning ascribed to them as defined in the following sources:

A.    The Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5); and

B.    The Medical Marijuana Program Act (California Health and Safety Code Sections 11362.7 through 11362.83); and

C.    The California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008; and

D.    The Medical Marijuana Regulation and Safety Act of 2015 (enacted by Assembly Bill 243, Assembly Bill 266, and Senate Bill 643). (Ord. 515 §2(part), 2016).

5.28.040 City council review and approval.

A.    The issuance or renewal of a regulatory permit as required by this chapter shall be subject to the prior review and approval by the city council.

B.    In addition to the requirements set forth in this chapter, as a condition of issuance or renewal of a regulatory permit as required by this chapter, the city council may impose such additional terms and conditions on the issuance or renewal of the regulatory permit and the operation of the facility as the city council deems appropriate.

C.    The development agreement and operations plan required by this chapter and the design and layout of a medical marijuana facility authorized under this chapter shall be subject to the review and approval of the city council prior to the issuance or renewal of a regulatory permit under this chapter.

D.    If the city manager or designee revokes a regulatory permit as allowed by this chapter, as soon thereafter as is reasonable under the circumstances, the city council shall be informed of such revocation and the city council shall review and approve such revocation. If the city council does not approve the revocation, the city manager or designee shall reinstate such regulatory permit upon such additional terms and conditions as the city council deems appropriate. (Ord. 515 §2(part), 2016).

5.28.050 Regulatory permit required.

A.    Prior to initiating operations and as a continuing requisite to operating a medical marijuana facility, the persons or legal representative of the persons wishing to operate a medical marijuana facility shall first obtain a regulatory permit from the city manager or designee under the terms and conditions set forth in this chapter.

B.    Each regulatory permit shall expire one year from its date of issuance. Renewal of regulatory permits shall be as provided for in section 5.28.120.

C.    Regulatory permits are not transferable and any attempt to assign or transfer such permits shall render the permit null and void.

D.    The number of each type of medical marijuana facility permitted in the city may be limited or restricted by resolution of the city council.

E.    Applications for the required regulatory permit may be submitted during those application periods as may be designated from time to time by the city manager or designee. Each application submitted and deemed complete by the city during the application period will be evaluated for priority for processing based on certain criteria set forth in a priority point system approved by the city manager or designee. All applications so evaluated and scored will be ranked from the most to the least points. Applications for any available regulatory permit will be processed based on this ranking. Once all available regulatory permits have been issued, the remaining applicants will be placed on a wait list, ranked from the most to the least points.

F.    The legal representative shall file an application for a regulatory permit with the city manager or designee upon forms provided by the city and shall pay an application fee and a processing fee as required by this chapter and as established by resolution adopted by the city council as amended from time to time. A separate application shall be made for each type of medical marijuana facility, i.e., dispensary, cultivation, or manufacturing facility, for each license classification specified in Sections 19300.7 and 19332(g) of the California Business and Professions Code; and for each location at which a medical marijuana facility will operate. An application for a regulatory permit for each type of medical marijuana facility shall include, but shall not be limited to, the following information:

1.    The legal name, and any other names, under which the facility will operate.

2.    The address of the location and the on-site telephone number, if known, of the medical marijuana facility.

3.    The following information for each owner (defined as any person having an economic interest in the medical marijuana facility and/or real property holding company upon which the medical marijuana business is operating), officer, director, and manager of the medical marijuana facility:

a.    Complete legal name and any alias(es), address, and telephone number;

b.    Date and place of birth;

c.    Copy of a valid California government issued photo identification card or license;

d.    If required, copy of the owner’s and manager’s medical marijuana identification card or copy of the attending physician’s recommendation for each owner and manager;

e.    Applicant’s seller’s permit number or indication that the applicant is currently applying for a seller’s permit;

f.    A list of all criminal convictions, other than infractions for traffic violations, the jurisdiction of the conviction(s) and the circumstances thereof;

g.    One set of fingerprints in a form acceptable to the chief of police;

h.    A detailed explanation of the owner’s or manager’s involvement with any other medical marijuana facility, including, but not limited to, the name and address of the medical marijuana facility; the capacity in which the owner or manager is or was involved with the medical marijuana facility; whether the medical marijuana facility is or was the subject of any criminal investigation or prosecution, civil investigation, administrative action or civil lawsuit; whether the owner or manager or the medical marijuana facility with which the owner or manager is or was associated has ever been denied, or is in the process of being denied registration, a permit, a license or any other authorization required to operate a medical marijuana facility in any other city, county or state; and whether the owner or manager or the medical marijuana facility with which the owner or manager is or was associated has ever had a registration, license, permit or any other authorization required to operate a medical marijuana facility in any other city, county or state suspended or revoked, and the reasons therefor; and

i.    A detailed explanation of the owner’s or manager’s involvement with any other retail business in the city of Greenfield, including, but not limited to, the name and address of such business; the type of business; the capacity in which the owner or manager is or was involved with the business; whether the business is or was the subject of any criminal investigation or prosecution, civil investigation, administrative action or civil lawsuit; whether an owner or manager of the business with which the owner or manager is or was associated has ever been denied, or is in the process of being denied registration, a permit, a license or any other authorization required to operate a business requiring licensing through the state of California in any other city, county or state; and whether an owner or manager of the business with which the owner or manager is or was associated has ever had a registration, license, permit or any other authorization required to operate a business that requires a license in the state of California, or any other city, county or state, suspended or revoked, and the reasons therefor.

4.    An operations plan which shall be in conformance with the requirements of this chapter and shall include, at a minimum:

a.    A list of the names, addresses, telephone numbers, and responsibilities of each owner and manager of the facility.

b.    The hours and days of operation for the facility.

c.    For medical marijuana dispensary applications only, whether delivery service of medical marijuana to any location outside the medical marijuana facility will be provided and the extent of such service.

d.    A site plan and floor plan of the facility denoting the layout of all areas of the medical marijuana facility, including, as applicable, storage, cultivation, reception/waiting, dispensing, manufacturing, and all ancillary support spaces, and the relationship of the facility to adjacent properties and land uses.

e.    A security plan, including lighting, alarms, fencing, and video cameras, to ensure the safety of persons, and to protect the premises from theft, vandalism, and fire. The security plan shall address both interior and exterior areas of the facility and its premises.

f.    The medical marijuana cultivation and manufacturing procedures to be utilized at the facility, including, as applicable, a description of how chemicals and fertilizers will be stored, handled, and used; extraction and infusion methods; the transportation process; inventory procedures; track and trace program and procedures; quality control procedures; and testing procedures.

g.    Procedures for identifying, managing, and disposing of contaminated, adulterated, deteriorated or excess medical marijuana product.

h.    Procedures for inventory control to prevent diversion of medical marijuana to nonmedical use, employee screening, storage of medical marijuana, personnel policies, and recordkeeping procedures.

i.    An odor management plan detailing steps that will be taken to ensure that the odor of medical marijuana will not emanate beyond the exterior walls of the facility, including as necessary the installation and use of air purification systems and/or air scrubbers.

j.    Policies and procedures for adopting, monitoring, implementing, and enforcing all requirements of this chapter.

5.    The name and address of the owner and lessor of the premises and a copy of the lease or other such proof of the legal right to occupy and use the premises and a statement from the owner or agent of the owner of the real property where the facility will be located demonstrating the landowner has acknowledged and consented to permit dispensary, cultivation, distribution, or manufacturing activities to be conducted on the property by the applicant.

6.    The name and account number of all savings accounts, checking accounts, investment accounts and trusts associated with the operation of the facility.

7.    If the application is for a dispensary or cultivation facility, provide evidence that the proposed location is located beyond at least a one-thousand-foot (1,000’) radius from a school.

8.    Authorization for the city manager or designee to seek verification of the information contained within the application, including, but not limited to, a criminal history investigation by the chief of police with the California Department of Justice and any other law enforcement agencies.

9.    Until such time as the licensing regulations promulgated under the Medical Marijuana Regulation and Safety Act are implemented and become operative, evidence that the organization operating the medical marijuana facility is organized as a bona fide nonprofit cooperative, affiliation, association, or collective of persons comprised exclusively and entirely of qualified patients and the primary caregivers of those patients in strict accordance with the Compassionate Use Act of 1996, the Medical Marijuana Program Act and the 2008 Attorney General Guidelines.

10.    Evidence that a minimum of seventy-five percent (75%) of the owners, officers, directors, and managers of the applicant organization are residents of the state of California and have been for at least three (3) years immediately preceding the date of the application.

11.    A statement in writing by the applicant that he or she will, to the extent allowed by law, give preference in employee hiring to residents of the city.

12.    A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is complete, true and accurate.

13.    Any such additional and further information as is deemed necessary by the city manager or designee to administer this section or to show that the medical marijuana facility and its ownership and operation is in compliance with the provisions of this chapter. (Ord. 515 §2(part), 2016).

5.28.060 Background check.

All applicants for a regulatory permit for a medical marijuana facility, including any owner or manager responsible for the day-to-day operations and activities of the medical marijuana facility, and every employee or individual member of the medical marijuana facility who participates in the dispensing, cultivation, processing, manufacturing, or transporting of medical marijuana or who participates in the daily operations of the medical marijuana facility shall be required to submit to a fingerprint-based criminal history records check conducted by the city police department. (Ord. 515 §2(part), 2016).

5.28.070 Grounds for denial.

A.    The city manager or designee may reject an application upon making any of the following findings:

1.    The applicant made one or more false or misleading statements or omissions on the registration application or during the application process;

2.    The medical marijuana facility’s related cooperative or collective, if applicable, is not properly organized in strict compliance pursuant to the Compassionate Use Act of 1996, the Medical Marijuana Program Act, the 2008 Attorney General Guidelines and any other applicable law, rules and regulations;

3.    If applicable, the applicant is not a primary caregiver or qualified patient or the legal representative of the medical marijuana facility;

4.    The applicant fails to meet the requirements of this chapter or any regulation adopted pursuant to this chapter;

5.    The medical marijuana facility or its location is in violation of any building, zoning, health, safety, or other provision of this code, or of any state or local law which substantially affects the public health, welfare, safety, or morals, or the facility or its location is not permitted in the proposed area, or the issuing or continuation of a regulatory permit would be contrary to the public health, welfare, safety, or morals;

6.    The applicant, or any of its officers, directors, owners, managers, or employees is under twenty-one (21) years of age;

7.    The applicant, or any of its officers, directors, or owners, or any person who is managing or is otherwise responsible for the activities of the medical marijuana facility, or any employee who participates in the dispensing, cultivation, processing, manufacturing, delivery, or transporting of medical marijuana or who participates in the daily operations of the medical marijuana facility, has been convicted of a violent felony, a felony or misdemeanor involving fraud, deceit, embezzlement, or moral turpitude, or the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, with the exception of medical cannabis related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996;

8.    The applicant, or any of its officers, directors, owners, or managers, is a licensed physician making patient recommendations for medical marijuana;

9.    The applicant, or any of its officers, directors, owners, or managers has been sanctioned by the city, the state of California, or any county for unregistered medical marijuana activities or has had a registration revoked under this chapter in the previous three (3) years;

10.    The applicant did not pay to the city the required application and processing fees as set forth in section 5.28.080.

B.    The city manager or designee may place reasonable conditions upon registration if grounds exist for denial of the registration and those grounds may be removed by the imposition of those conditions. (Ord. 515 §2(part), 2016).

5.28.080 Fees and charges.

A.    Prior to operating in the city, the operator of each medical marijuana facility shall timely and fully pay all fees associated with the registration of that facility. The fees shall be as set forth in the schedule of fees and charges established by resolution of the city council, including, but not limited to, the following:

B.    Application fee for accepting a registration application; due and payable in full at the time a registration application is submitted;

C.    Processing fee for the cost to the city of processing a registration application and reviewing, investigating and scoring each application in accordance with the priority point system to determine eligibility for issuance of a regulatory permit; due and payable in full at the time a registration application is submitted;

D.    Permit issuance fee for the cost to the city of preparing a development agreement, city council review and approval of the development agreement and the regulatory permit, and preparation and issuance of the regulatory permit as authorized by the city council, due and payable in full at the time the city issues a regulatory permit;

E.    Annual operating fee for the cost to the city of operating a medical marijuana regulatory program; due and payable in full at the time the city issues a regulatory permit;

F.    Amended registration fee for the cost to the city of reviewing amendments or changes to the registration form previously filed on behalf of the medical marijuana facility; due and payable in full at the time amendments or changes to a registration form are submitted to the city;

G.    Regulatory permit renewal fee for the cost to the city of processing an application to renew a regulatory permit; due and payable in full at the time application is made to renew a regulatory permit; and

H.    Any fees for inspection or investigation that are not included within the other fees associated with registration; due and payable in full upon request of the city. (Ord. 515 §2(part), 2016).

5.28.090 Development agreement.

Prior to operating in the city and as a condition of issuance of a regulatory permit, the operator of each medical marijuana facility shall enter into a development agreement with the city setting forth the terms and conditions under which the medical marijuana facility will operate that are in addition to the requirements of this chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety, and welfare. (Ord. 515 §2(part), 2016).

5.28.100 Cessation of operations.

In the event a medical marijuana facility that receives a regulatory permit ceases to operate for any reason, the city manager or designee shall consider the next qualified applicant on the waiting list and, at the discretion of the city manager, provide an opportunity for new applicants to be considered for a permit. (Ord. 515 §2(part), 2016).

5.28.110 Change in location; updated registration form.

A.    Any time the dispensing, cultivation, or manufacturing location specified in the regulatory permit is changed, the applicant shall re-register with the city manager. The process and the fees for re-registration shall be the same as the process and fees set forth for registration in sections 5.28.050 and 5.28.080.

B.    Within fifteen (15) calendar days of any other change in the information provided in the registration form or any change in status of compliance with the provisions of this chapter, including any change in the medical marijuana facility’s ownership or management members, the applicant shall file an updated registration form with the city manager for review along with a registration amendment fee, as set forth in section 5.28.080. (Ord. 515 §2(part), 2016).

5.28.120 Renewal or revocation of regulatory permit.

A.    No regulatory permit issued under this chapter may be renewed unless:

1.    A new registration form has been filed with the city manager as set forth in section 5.28.050 a minimum of sixty (60) days prior to the expiration date of the regulatory permit;

2.    The annual renewal registration fee, as set forth in section 5.28.080, has been paid to the city; and

3.    The medical marijuana facility and its owners and managers all meet the requirements of this chapter for registration.

B.    The city manager or designee may elect not to renew a regulatory permit issued under this chapter if:

1.    The medical marijuana facility and its owners and managers have not complied at all times with all the requirements for registration as set forth in this chapter;

2.    Any of the conditions or circumstances of subsection 5.28.070A or 5.28.260D, singularly or in combination, have occurred; or

3.    The city manager or designee is aware of any other facts or circumstances which indicate that renewal of the regulatory permit will be detrimental to the health, safety, or welfare of the residents of the city.

C.    The city manager or designee may revoke a regulatory permit issued under this chapter, upon such notice as deemed appropriate by the city manager or designee, if:

1.    The medical marijuana facility and its owners and managers have not complied at all times with all the requirements for registration as set forth in this chapter;

2.    Any of the conditions or circumstances of subsection 5.28.070A or 5.28.260D, singularly or in combination, have occurred; or

3.    The city manager or designee is aware of any other facts or circumstances which indicate that continued operation of the medical marijuana facility will be detrimental to the health, safety, or welfare of the residents of the city. (Ord. 515 §2(part), 2016).

5.28.130 Limitations on city’s liability.

A.    To the fullest extent permitted by law, the city shall not assume any liability whatsoever, with respect to approving any regulatory permit pursuant to this chapter or the operation of any medical marijuana facility approved pursuant to this chapter.

B.    As a condition of approval of a regulatory permit as provided in this chapter, the applicant or its legal representative shall:

1.    Execute an agreement indemnifying the city from any claims, damages, injuries, or liabilities of any kind associated with the registration or operation of the medical marijuana facility or the prosecution of the medical marijuana facility or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws;

2.    Maintain insurance in the amounts and of the types that are acceptable to the city manager or designee;

3.    Name the city as an additional insured on all city required insurance policies;

4.    Agree to defend, at its sole expense, any action against the city, its agents, officers, and employees related to the approval of a regulatory permit; and

5.    Agree to reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge related to the city’s approval of a regulatory permit. The city may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder. (Ord. 515 §2(part), 2016).

5.28.140 Additional terms and conditions.

Based on the information set forth in the application, the city manager or designee may impose reasonable terms and conditions on the proposed operations of the medical marijuana facility in addition to those specified in this chapter. (Ord. 515 §2(part), 2016).

5.28.150 Signage.

Notwithstanding section 17.62.070, exterior signage for the facility shall be limited to one exterior building sign not to exceed fifteen (15) square feet in area, and door and/or window signage not to exceed ten (10) square feet in area; such signs shall not be directly illuminated. Signage shall otherwise be reviewed and approved by the city in accordance with chapter 17.62. (Ord. 515 §2(part), 2016).

5.28.160 Cultivation, dispensary, and manufacturing locations.

A.    A medical marijuana dispensary facility may be located in any retail business (C-R), professional office (P-O), or light industrial (I-L) zoning district.

B.    A medical marijuana cultivation facility that is not also a dispensary facility may be located in any light industrial (I-L), heavy industrial (I-H), or agricultural research and development overlay (RDO) zoning district.

C.    A medical marijuana manufacturing facility may be located in any light industrial (I-L), heavy industrial (I-H), or agricultural research and development overlay (RDO) zoning district.

D.    A permitted medical marijuana facility shall operate at a single location only. At the discretion of the city manager or designee, multiple buildings on the same or adjacent site may be considered a single medical marijuana facility operating at a single location.

E.    No medical marijuana dispensary or cultivation facility shall be located within one thousand feet (1,000’) of a school.

F.    All medical marijuana cultivation shall be conducted only in the interior of enclosed structures, facilities and buildings, and all cultivation operations including all marijuana plants at any stage of growth shall not be visible from the exterior of any structure, facility or building containing the cultivation of medical marijuana. (Ord. 515 §2(part), 2016).

5.28.170 Dispensing of medical marijuana.

A.    Medical marijuana shall be sold, transferred, dispensed, or otherwise distributed to qualified patients and primary caregivers only from a medical marijuana dispensary. No sales, transfers, dispensing, or distribution of any kind to the public shall be from a cultivation or manufacturing facility.

B.    Medical marijuana dispensaries shall sell, transfer, dispense, or otherwise distribute medical marijuana only to qualified patients and primary caregivers.

C.    Medical marijuana sales, transfers, dispensing, or distribution to qualified patients and primary caregivers shall only occur inside the premises of the medical marijuana dispensary facility. The foregoing notwithstanding, delivery services may be provided by the medical marijuana dispensary as provided for in this section.

D.    No medical marijuana sale, transfer, dispensing, or distribution of any kind shall be made to a person under the age of twenty-one (21), and no such person shall be allowed in any medical marijuana facility or at its location.

E.    Until such time as state licenses are required pursuant to Section 19320 of the California Business and Professions Code, no medical marijuana shall be provided to any persons other than the individual cooperative or collective members of the medical marijuana dispensary of which the qualified patient or primary caregiver is a member.

F.    No medical marijuana provided to a primary caregiver may be provided by the primary caregiver to any person other than the primary caregiver’s qualified patient for whose care the primary caregiver is responsible.

G.    No medical marijuana shall be provided to any qualified patient or primary caregiver more than once per day.

H.    Until such time as state licenses are required pursuant to Section 19320 of the California Business and Professions Code, no cooperative or collective shall allow more medical marijuana or plants per member, other than the amounts permitted pursuant to state law, to be stored, provided, or cultivated at the collective’s premises and/or location. (Ord. 515 §2(part), 2016).

5.28.180 Delivery of medical marijuana.

A.    A medical marijuana dispensary may operate a delivery service subject to the requirements of Section 19340 of the California Business and Professions Code. Delivery, as defined therein, means the commercial transfer of medical marijuana or medical marijuana products from a dispensary to a qualified patient or primary caregiver.

B.    Medical marijuana deliveries to qualified patients or primary caregivers shall only be made by and from a medical marijuana dispensary.

C.    Medical marijuana deliveries to qualified patients or primary caregivers shall only be during the normal operating hours of the medical marijuana dispensary during which it is open to qualified patients and primary caregivers.

D.    A list of the names and cellular telephone contact numbers for all employees of a medical marijuana dispensary delivering medical marijuana or medical marijuana products shall be provided to the city police department. Such list shall at all times be kept current and up to date. (Ord. 515 §2(part), 2016).

5.28.190 Packaging of medical marijuana.

A.    Prior to delivery or sale at a medical marijuana dispensary, medical marijuana products shall be packaged and labeled as required by Section 19347 of the California Business and Professions Code and applicable requirements and regulations issued by the state pursuant thereto. In addition to those packaging and labeling requirements, all medical marijuana products shall be packaged in an opaque childproof container which shall contain a label or be accompanied by a leaflet or insert that states:

1.    The complete legal name of the qualified patient who will be using the medical marijuana;

2.    If the person obtaining the medical marijuana is a primary caregiver obtaining medical marijuana on behalf of a qualified patient, the complete legal name of the primary caregiver and the name of the qualified patient for whom he or she serves as a primary caregiver;

3.    The name, address and telephone number of the medical marijuana dispensary facility;

4.    The amount of medical marijuana in the container;

5.    The name, address, and telephone number of the attending physician recommending the use of medical marijuana for the qualified patient; and

6.    The date the medical marijuana was provided to the qualifying patient or primary caregiver.

B.    If edible medical marijuana products are present on site or offered for distribution or sale at a medical marijuana dispensary facility, the medical marijuana dispensary facility shall first secure any approval from the County of Monterey Health Department required for handling food products.

C.    Edible products distributed or sold by any medical marijuana facility shall not be produced, manufactured, stored, or packaged in private homes.

D.    All edible medical marijuana products shall be individually wrapped at the original point of preparation. (Ord. 515 §2(part), 2016).

5.28.200 Medical marijuana facility operations.

A.    No cooperative or collective operating a medical marijuana facility shall operate for profit, except as otherwise allowed by state law. Cash and in-kind contributions, reimbursements, and reasonable compensation provided by members towards the association’s actual expenses for the growth, cultivation, and provision of medical marijuana shall be allowed; provided, that they are in strict compliance with state law. All such cash and in-kind amounts and items shall be fully documented in accordance with section 5.28.220.

B.    Medical marijuana dispensary facilities may only be open to qualified patients and primary caregivers between the hours of nine o’clock (9:00) A.M. and seven o’clock (7:00) P.M. and may operate as many as seven (7) days per week. Medical marijuana cultivation, manufacturing, and dispensary facilities shall not otherwise be open to the public.

C.    The sale, dispensing, or consumption of alcoholic beverages on or about the medical marijuana facility or in the parking area for the facility is prohibited.

D.    Medical marijuana may not be inhaled, smoked, eaten, ingested, vaped, or otherwise used or consumed on the premises or in the parking areas of the premises.

E.    The loitering by persons outside the facility, either on the premises or within one hundred feet (100’) of the premises, is prohibited.

F.    Qualified patients and primary caregivers purchasing or otherwise receiving medical marijuana from a medical marijuana dispensary shall sign an agreement with the facility that states that the person purchasing or otherwise receiving medical marijuana shall not sell, transfer, or otherwise distribute medical marijuana to any person other than a qualified patient or primary caregiver and shall not use medical marijuana for other than medicinal purposes.

G.    The medical marijuana dispensary shall not sell, transfer, or otherwise distribute medical marijuana to any person violating any provision of this chapter.

H.    A copy of the regulatory permit issued by the city and any licenses or certifications issued by the state of California, and any conditions thereof, shall be posted on the premises in a prominent place, readily viewable by any member of the general public.

I.    Consistent with the "Memorandum for all United States Attorneys," issued by the U.S. Department of Justice, from James M. Cole, Deputy Attorney General (known as the "Cole Memo"), the medical marijuana facility shall take all necessary and reasonable steps to prevent:

1.    The distribution of marijuana to minors;

2.    Revenue from the sale or distribution of marijuana from going to criminal enterprises, gangs and cartels;

3.    The diversion of marijuana from California to any other state;

4.    State-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;

5.    Violence and the use of firearms in the cultivation, manufacture, and distribution of marijuana;

6.    Drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;

7.    Growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and

8.    Preventing marijuana possession or use on federal property.

Any violation of this provision shall result in the immediate suspension of any permit authorized under this chapter, and pending investigation and a hearing, shall result in revocation of the permit at the election of the city manager or designee. (Ord. 515 §2(part), 2016).

5.28.210 Public health and safety.

A.    Each medical marijuana facility shall operate in a manner such that the cultivation, manufacture, dispensing, delivery, or transporting of medical marijuana or medical marijuana products does not adversely affect the health or safety of nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts.

B.    The cultivation, manufacture, dispensing, delivery, and transporting of medical marijuana or medical marijuana products shall not create hazards due to the use or storage of materials, processes, products, chemicals, fertilizers, or wastes.

C.    The interior and exterior of the medical marijuana facility, including driveways, sidewalks, parking strips, fire access roads and streets on or adjacent to the premises shall be kept in a clean and safe condition.

D.    Exterior lighting on the premises and location shall ensure the safety of the public and the members and employees of the facility while not disturbing surrounding residential or commercial areas. (Ord. 515 §2(part), 2016).

5.28.220 Records.

A.    Medical marijuana facilities shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all medical marijuana products throughout the distribution chain until purchase by or distribution to a qualified patient or primary caregiver. The inventory control and reporting system shall comply with the track and trace program required by Section 19335 of the California Business and Professions Code and regulations issued pursuant thereto.

B.    Medical marijuana facilities shall have an electronic point-of-sale system that produces historical transactional data for review by the city manager or designee for compliance and auditing purposes.

C.    Each medical marijuana facility shall maintain at the premises all records and documents required by this chapter and all the information and records listed below and as otherwise required by applicable state law or regulation:

1.    The name, address, and telephone number(s) of the owner, landlord and/or lessee of the location;

2.    The following information concerning each qualified patient or primary caregiver to whom medical marijuana is dispensed through a permitted medical marijuana dispensary:

a.    Name, address, telephone number, and a confidential member number unique to that individual which is used solely for the log identified in subsection C9 of this section;

b.    A copy of a valid government issued photo identification card or license; and

c.    A copy of the qualified patient’s identification card or the attending physician’s recommendation for the patient;

3.    The name, address, and telephone number of each primary caregiver to whom medical marijuana is dispensed through a permitted medical marijuana dispensary, along with a copy of the written documentation provided by each qualified patient designating the caregiver as his or her primary caregiver;

4.    The name, business address, and telephone number of each attending physician who provided a physician’s recommendation to any qualified patient to whom medical marijuana is dispensed through a permitted medical marijuana dispensary;

5.    The records of all qualified patients with a valid identification card and primary caregivers with a valid identification card may be maintained by the medical marijuana dispensary using only the identification card number issued by the state pursuant to California Health and Safety Code Section 11362.7 et seq., in lieu of the information required by subsections C2a through c, C3, and C4 of this section;

6.    Information identifying the names of patients, their medical conditions, or the names of their primary caregivers received and contained in records kept by the medical marijuana facility or received by the city through its audit, inspection, and compliance enforcement activities authorized pursuant to this chapter, are confidential and shall not be disclosed pursuant to the California Public Records Act except as necessary for authorized employees of the city to perform official duties pursuant to this chapter or as otherwise required by law;

7.    Up-to-date information for all savings accounts, checking accounts, investment accounts and trusts associated with the operation of the medical marijuana facility;

8.    Complete and up-to-date records regarding the amount of medical marijuana cultivated, produced, manufactured, harvested, stored, or packaged at each medical marijuana facility;

9.    Until such time as state regulations are implemented under the track and trace program required by Section 19335 of the California Business and Professions Code, complete and up-to-date records regarding medical marijuana transfers throughout the distribution chain from cultivation, to manufacturing, to its dispensing location, including the date and time of the transfer; the name and address of the cultivation and manufacturing facility and the name and address of the supplier if different from the cultivation or manufacturing facility; the amount, form, type, batch and lot number of marijuana transferred; the time of departure from the cultivation or manufacturing facility; the time of arrival at the dispensing location; the names of the employees transporting the product; and the name of the employee who received the product at the dispensing location;

10.    Complete and up-to-date records documenting each transfer of medical marijuana from the medical marijuana dispensing location to qualified patients and primary caregivers including the amount provided, the form or product category in which the medical marijuana was provided, the date and time provided, the name of the employee making the transfer, the qualified patient or primary caregiver number to whom it was provided, and the amount of any related donation or other monetary transaction;

11.    All receipts of the medical marijuana facility, including but not limited to all contributions and all expenditures incurred by the medical marijuana facility for the cultivation, manufacture, dispensing, transportation, and delivery of medical marijuana;

12.    A copy of the annual audit reports required pursuant to section 5.28.230;

13.    Proof of completed registration with the city manager in conformance with this chapter;

14.    Records demonstrating compliance with state and federal rules and regulations regarding reporting and taxation of income received; and

15.    All medical marijuana facilities shall perform an inventory on the first business day of each month and shall record the total quantity of each form of marijuana on the premises.

D.    All records required by this section shall be maintained by the medical marijuana facility for a period of seven (7) years and shall be made available to the city manager and any city official charged with enforcing the provisions of this code upon request. (Ord. 515 §2(part), 2016).

5.28.230 Audit.

No later than February 15th of every year, each medical marijuana facility shall file with the city manager an audit of its financial operations for the previous calendar year, completed and certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles. The audit shall include but not be limited to a discussion, analysis, and verification of each of the records required to be maintained pursuant to this chapter. The information contained in the audit shall be made available to the city manager in standard electronic format as designated by the city manager. (Ord. 515 §2(part), 2016).

5.28.240 Community relations.

A.    Each medical marijuana facility shall provide the city manager or designee with the name, telephone number, and email address of an on-site community relations or staff person or other representative to whom the city can provide notice if there are operating problems associated with the medical marijuana facility or refer members of the public who may have any concerns or complaints regarding the operation of the medical marijuana facility. Each medical marijuana facility shall also provide the above information to all businesses and residences located within one hundred feet (100’) of the medical marijuana facility.

B.    During the first year of operation of a medical marijuana facility authorized under this chapter, the owner, manager, and community relations representative from each such medical marijuana facility shall attend a monthly meeting with the city manager and/or designee to discuss costs, benefits and other community issues arising as a result of implementation of the medical marijuana regulatory permit program authorized by this chapter. After the first year of operation, the owner, manager, and community relations representative from each such medical marijuana facility shall meet with the city manager and/or designee when and as requested by the city manager or designee. (Ord. 515 §2(part), 2016).

5.28.250 Compliance.

A.    All medical marijuana facilities shall pay any applicable sales, use, business or other tax, and all license, registration, or other fees pursuant to federal, state, and local law.

B.    All medical marijuana facilities shall fully comply with all the provisions of the Compassionate Use Act of 1996, the Medical Marijuana Program Act, the 2008 Attorney General Guidelines, the Medical Marijuana Regulatory and Safety Act, any subsequently enacted state law or regulatory, licensing, or certification requirement, all applicable provisions of this code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval of the regulatory permit.

C.    Nothing in this chapter shall be construed as authorizing any actions which violate state or local law with regard to the cultivation, transportation, manufacture, provision, sale, transfer, or disposition of medical marijuana. (Ord. 515 §2(part), 2016).

5.28.260 Inspections and enforcement.

A.    The city manager, police chief, or their designees shall have the right to enter all medical marijuana facilities from time to time unannounced during the facility’s hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this chapter, to inspect and copy records required to be maintained under this chapter, or to inspect, view, and copy recordings made by security cameras, all without requirement for a search warrant, subpoena, or court order.

B.    Nothing in this chapter requires the disclosure of any private medical record or confidential information contained in such medical record.

C.    Operation of a medical marijuana facility in noncompliance with any conditions of approval or the provisions of this chapter shall constitute a violation of the Municipal Code and shall be enforced pursuant to the provisions of this code.

D.    The city manager or designee may summarily suspend or revoke a medical marijuana regulatory permit, or disqualify an applicant from the registration process, or elect not to renew a regulatory permit if any of the following, singularly or in combination, occur:

1.    The city manager or designee determines that the medical marijuana facility has failed to comply with any requirement of this chapter or any condition of approval or a circumstance or situation has been created that would have permitted the city manager or designee to deny the regulatory permit under section 5.28.060 or elect not to renew or revoke the regulatory permit under section 5.28.100;

2.    The medical marijuana facility has conducted itself or is being conducted in a manner that creates or results in a public nuisance;

3.    The medical marijuana facility ceased operations for more than ninety (90) calendar days, including during change of ownership proceedings;

4.    Ownership is changed without the new owners applying for and securing a regulatory permit under this chapter;

5.    The medical marijuana facility relocates to a different location or premises; and

6.    The medical marijuana facility fails to allow inspection and/or copying of the security recordings, the activity logs and records required under this chapter, or the premises by authorized city officials. (Ord. 515 §2(part), 2016).

5.28.270 Appeals.

Any decision regarding or pertaining to the regulatory permit process set forth in this chapter, or any action taken by the city manager or designee pursuant hereto, may be appealed to the city council. Such appeal shall be taken by filing with the city clerk, within ten (10) days after notice of the action or decision complained of has been issued, a written statement setting forth the grounds for the appeal. The city clerk shall transmit the written statement to the city council and at its next regular meeting the council shall set a time and place for a hearing on the appeal. Notice of the time and place of such hearing shall be mailed to the appellant. The decision of the city council on such appeal shall be final and binding on all parties concerned. (Ord. 515 §2(part), 2016).

5.28.280 Violations.

A.    Any violation of any of the provisions of this chapter is unlawful and a public nuisance.

B.    Any violation of any of the provisions of this chapter shall constitute a misdemeanor violation and upon conviction thereof any violation shall be punishable by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period of not more than six (6) months, or by both such fine and imprisonment.

C.    In lieu of issuing a misdemeanor citation, the city may issue an administrative citation, and/or assess an administrative fine of up to one thousand dollars ($1,000.00) for each violation of this chapter.

D.    A separate offense occurs for each day any violation of this chapter is continued and/or maintained.

E.    The remedies provided herein are not to be construed as exclusive remedies, and in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law. (Ord. 515 §2(part), 2016).

5.28.290 Implementation procedures.

A.    The city manager or designee shall develop written regulations governing the implementation of the medical marijuana facility regulatory permit process authorized by this chapter. Such written regulations shall be approved by the city council before they shall become effective. The city council may impose such conditions of approval as it deems appropriate.

B.    Regulations for dispensary, cultivation, or manufacturing permits may be developed and approved separately or jointly. The city council may approve regulations for one or several types of permits and the approval of regulations for each type of permit shall operate independently of and not be dependent on the approval of regulations for any other type of permit authorized by this chapter.

C.    Applications for a regulatory permit authorized by this chapter shall not be accepted by the city manager or designee, nor a regulatory permit issued, until the written implementing regulations required under this section have been approved by the city council for the type of medical marijuana facility permit for which application is sought. (Ord. 515 §2(part), 2016).