Chapter 8.25
MEDICAL CANNABIS REGULATIONS
Sections:
8.25.010 Purpose and intent.
8.25.020 Definitions.
8.25.030 Enforcement of chapter.
8.25.040 Medical cannabis dispensary permit.
8.25.050 Operating restrictions.
8.25.060 Fees.
8.25.070 Violations.
8.25.010 Purpose and intent.
It is the purpose and intent of this chapter to regulate availability and/or the distribution, by whatever means, of medical cannabis within the city limits. (Ord. 410 §3(part), 2004)
8.25.020 Definitions.
The following words and phrases, when used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning:
A. "Medical cannabis dispensary" or "dispensary" means any facility or location where medical cannabis is made available to and/or distributed by or to two or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with Health and Safety Code Section 11362.5 et seq.
B. "City administrator" means the city administrator of the city of Angels or his or her designee. In the event the office of the city administrator shall be vacant, it shall mean the police chief of the city of Angels.
C. "Qualified patient" means a resident of the city of Angels meeting all lawful requirements to receive cannabis for treatment plus one other person who may not be a resident of the city but meets all lawful requirements to receive cannabis for treatment.
D. "Sheriff" means the sheriff of Calaveras County or his or her designee.
E. "Chief of police" means the city of Angels police chief or his or her designee. (Ord. 410 §3(part), 2004)
8.25.030 Enforcement of chapter.
The city administrator shall have the responsibility and duty of enforcement of this chapter. (Ord. 410 §3(part), 2004)
8.25.040 Medical cannabis dispensary permit.
A. Prior to initiating operations, and as a continuing prerequisite to conducting legally valid operations, any person or entity wishing to operate a medical cannabis dispensary shall apply for and receive from the city administrator a medical cannabis dispensary permit, on the terms and conditions set forth in this chapter.
B. The applicant for a medical cannabis dispensary permit shall submit to the city administrator an application for a medical cannabis dispensary permit. Based on the information set forth therein, the city administrator may impose reasonable terms and conditions on the proposed operations, consistent with Health and Safety Code Section 11362.5 et seq. and with public health, safety, and welfare. Such terms and conditions may include, but not be limited to, requirements as to parking, adequate lighting, hours of operation, and adequate security.
C. A medical cannabis dispensary permit shall be valid for one year. An operator of a medical cannabis dispensary may reapply for a permit for subsequent year(s).
D. The city administrator may issue not more than one medical cannabis dispensary permit each year.
E. The city administrator, in consultation with the Angels chief of police and/or the sheriff of Calaveras County, shall conduct a background check of any applicant for a dispensary permit or employee thereof and, based on that and other relevant information, determine whether to issue a dispensary permit.
F. A dispensary shall also be required to apply for and maintain a city business license as a prerequisite to obtaining a permit pursuant to the terms hereof, and shall be located only in zoning districts permitted by and under the terms required by Title 17 of this code, as amended from time to time. (Ord. 410 §3(part), 2004)
8.25.050 Operating restrictions.
A medical cannabis dispensary, once permitted by the city administrator, shall meet the following operating standards for the duration of the use:
A. A medical cannabis dispensary may possess no more than eight ounces of dried cannabis per qualified patient or caregiver, and maintain no more than six mature and twelve immature cannabis plants per qualified patient. However, if a qualified patient or primary caregiver has a doctor’s recommendation that this quantity does not meet the qualified patient’s medical needs, the dispensary may possess an amount of cannabis consistent with the patient’s needs.
B. No cannabis shall be smoked, ingested or otherwise consumed on the premises of the dispensary. The term "premises" includes the actual building, as well as any accessory structures, parking areas, or other immediate surroundings.
C. Persons under the age of eighteen shall not be allowed on the dispensary’s premises unless they are a qualified patient or a primary caregiver.
D. No dispensary shall hold or maintain a license from the State Department of Alcoholic Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages.
E. No dispensary shall conduct or engage in the commercial sale of any product, good or service. The term "commercial sale" does not include the provision of medical cannabis on terms and conditions consistent with this code and applicable law.
F. A medical cannabis dispensary shall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; or
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; or
3. 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; or
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; or
5. A residential hospice, or a home health agency licensed pursuant to Chapter 8 of the Health and Safety Code, as long as such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.
G. Each dispensary shall allow the city administrator to have access to the dispensary’s books, records, accounts, and any and all data relevant to its permitted activities for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data will be produced no later than twenty-four hours after receipt of the city administrator’s written request(s).
H. The dispensary shall provide adequate security on the premises, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft, as approved by the chief of police and/or sheriff.
I. The dispensary shall meet any specific, additional operating procedures and measures as may be imposed as conditions of approval by the city administrator to ensure that the operation of the dispensary is consistent with protection of the health, safety and welfare of the community, qualified patients and primary caregivers, and will not adversely affect surrounding uses.
J. The building in which the dispensary is located shall comply with all applicable local, state and federal rules, regulations, and laws including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the building official of the city.
K. A dispensary shall not cultivate or distribute medical cannabis for profit. A dispensary may receive compensation for its actual expenses, including reasonable compensation for services provided, or for payment of out-of-pocket expenses incurred in providing those services.
However, any such dispensary must pay applicable sales tax on such sales or services and maintain the applicable sellers permit or similar permit from the State Franchise Tax Board or other applicable agency.
L. No cannabis may be cultivated on the premises.
M. A dispensary that provides cannabis in the form of food or other comestibles shall obtain and maintain the appropriate licenses from the county health department for the provision of food or other comestibles.
N. A dispensary shall provide to the city administrator, upon request, written evidence to the city administrator’s reasonable satisfaction, that the dispensary is not engaged in interstate commerce. (Ord. 410 §3(part), 2004)
8.25.060 Fees.
The city administrator may impose such reasonable fees on both the application for, and the issuance of a permit for, a dispensary to recoup the city’s cost in administering and implementing the provisions relating thereto, including but not limited to the costs for background checks or charges by the chief of police, sheriff or building official. (Ord. 410 §3(part), 2004)
8.25.070 Violations.
Violations of the terms and conditions for the dispensary’s permit, of this code, or of applicable local, state, and federal rules, regulations, and laws shall be unlawful, and shall also be grounds for revocation of the permit or for nonrenewal. (Ord. 410 §3(part), 2004)