Model Ordinance Regulating Medical Marijuana Dispensing Collectives and Cooperatives
Purposes and Intent.
- To implement the provisions of California Health and Safety Code Sections 11362.5 and 11362.7, et seq., as described by the California Attorney General in "Guidelines For The Security And Non-diversion Of Marijuana Grown For Medical Use," published August 2008, which states in Section IV(C)(1) that "a properly organized and operated collective of cooperative that dispenses medical marijuana through a storefront may be lawful under California law," provided the facility substantially complies with the guidelines.
- To help ensure that seriously ill _____ residents can obtain and use marijuana for medical purposes where that medical use has been deemed appropriate by a physician in accordance with California law.
- To help ensure that the qualified patients and their primary caregivers who obtain or cultivate marijuana solely for the qualified patient's medical treatment are not subject to arrest, criminal prosecution, or sanction.
- To protect citizens from the adverse impacts of unregulated medical marijuana distribution, storage, and use practices.
- To establish a new section in the _____ code pertaining to the permitted distribution of medical marijuana in _____ consistent with state law.
Nothing in this ordinance purports to permit activities that are otherwise illegal under state or local law.
The following phrases, when used in this chapter, shall be construed as defined in California Health and Safety Code Sections 11362.5 and 11362.7:
"Person with an identification card;"
"Primary caregiver;" and
The following phrases, when used in this chapter, shall be construed as defined below:
"Medical marijuana dispensing collective" or "Collective". Qualified patients, persons with identification cards and designated primary caregivers of qualified patients and persons with identification cards who associate, as an incorporated or unincorporated association, within _____, in order to collectively or cooperatively provide medical marijuana for use exclusively by their registered members, in strict accordance with California Health and Safety Code Sections 11362.5 and 11362.7, et seq.
The location at which a medical marijuana dispensing collective distributes medical marijuana must meet the following requirements:
- The location must be in a commercial or industrial zone appropriate for retail or health care use;
- The location must not be within 500 feet of a school, place of religious worship, and sufficiently buffered from any residences as to prevent adverse impact on these residences;
- The location must not be within 1,000 feet of another medical marijuana dispensing collective.
Police Department Procedures and Training.
- Within six months of the date that this chapter becomes effective, the training materials, handbooks, and printed procedures of the Police Department shall be updated to reflect its provisions. These updated materials shall be made available to police officers in the regular course of their training and service.
- Medical cannabis-related activities shall be the lowest possible priority of the Police Department.
- Qualified patients, their primary caregivers, and medical marijuana dispensing collectives who come into contact with law enforcement will not be cited or arrested and dried cannabis or cannabis plants in their possession will not be seized if they are in compliance with the provisions of this chapter.
- Qualified patients, their primary caregivers, and medical marijuana dispensing collectives who come into contact with law enforcement and cannot establish or demonstrate their status as a qualified patient, primary caregiver, or medical marijuana dispensing collective, but are otherwise in compliance with the provisions of this chapter, will not be cited or arrested and dried cannabis or cannabis plants in their possession will not be seized if (1) based on the activity and circumstances, the officer determines that there is no evidence of criminal activity; (2) the claim to be a qualified patient, primary caregiver, or medical marijuana dispensing collective is credible; and (3) proof of status as a qualified patient, primary caregiver, or medical marijuana dispensing collective can be provided to the Police Department within three business days of the date of contact with law enforcement.
- Signs displayed on the exterior of the property shall conform to existing regulations;
- The location shall be monitored at all times by closed circuit video recording system for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on the site, and recordings kept for at least 30 days;
- The location shall have a centrally-monitored alarm system;
- Interior building lighting, exterior building lighting and parking area lighting must be in compliance with applicable regulations, and must be of sufficient foot-candles and color rendition, so as to allow the ready identification of any individual committing a crime on site at a distance of no less than forty feet (a distance that should allow a person reasonable reaction time upon recognition of a viable threat);
- Windows and roof hatches shall be secured overnight with bars on the windows so as to prevent unauthorized entry, and be equipped with latches that may be released quickly from the inside to allow exit in the event of emergency;
- Absolutely no cultivated marijuana or dried marijuana product may be visible from the building exterior;
- Any beverage or edible produced, provided or sold at the collective containing marijuana shall be so identified, as part of the packaging, with a prominent and clearly legible warning advising that the product contains marijuana and that is it to be consumed only with a physician's recommendation;
- No persons under the age of eighteen shall be allowed on site, unless the individual is a qualified patient or person with an identification card and accompanied by his or her licensed attending physician, parent or documented legal guardian;
- At any given time, no medical marijuana dispensing collective may possess more marijuana or marijuana plants than would reasonably meet the immediate needs of its registered patient members, as described in California Health and Safety Code Sections 11362.77 and 11362.775, and as interpreted by the California Attorney General in "Guidelines For The Security And Non-diversion Of Marijuana Grown For Medical Use," published August 2008.;
- A sign shall be posted in a conspicuous location inside the structure advising: "The diversion of marijuana for non-medical purposes is a violation of State law. The use of marijuana may impair a person's ability to drive a motor vehicle or operate heavy machinery. Loitering at the location of a medical marijuana dispensing collective for an illegal purpose is prohibited by California Penal Code Section 647(h)";
- No medical marijuana dispensing collective may provide medical marijuana to any persons other than qualified patients or persons with identification cards and designated primary caregivers who are registered members of the collective and whose status to possess marijuana pursuant to California law has been verified. No medical marijuana provided to a primary caregiver may be supplied to any person(s) other than the primary caregiver's qualified patient(s) or person(s) with an identification card;
- No cultivation of medical marijuana shall be visible with the naked eye from any public or other private property. No outdoor cultivation shall occur at a location unless it is secured from public access by means of a locked gate and any other security measures necessary to prevent unauthorized entry;
- No medical marijuana dispensing collective shall cause or permit the establishment or maintenance of the sale or dispensing of alcoholic beverages for consumption on the premises or off-site of the premises;
- No dried medical marijuana shall be stored in structures without at least four walls and a roof, or stored in an unlocked vault or safe, or other unsecured storage structure; nor shall any dried medical marijuana be stored in a safe or vault that is not bolted to the floor or structure of the facility; and
- Medical marijuana may be consumed on-site only as follows:
- The medical marijuana dispensing collective is not located within a 1,000-foot radius of schools K-12, playgrounds, or places of religious worship.
- The smoking or vaporizing of medical marijuana shall be allowed provided that appropriate seating, restrooms, drinking water, ventilation, air purification system, and patient supervision are provided in room or enclosed area separate from other collective service areas.
- The maximum occupancy of the separate room or enclosed area shall meet local occupancy requirements.
- The medical marijuana dispensing collective shall use an activated charcoal filter, or other device sufficient to eliminate all odors associated with medical marijuana use from adjoining businesses and public walkways. The fan used to move air through the filter shall have the capacity sufficient to ventilate the square footage of the separate room or enclosed area in which medical marijuana use is permitted.
- Medical marijuana dispensing collectives must verify that each member (1) has a valid and unexpired letter of recommendation for the use of medical marijuana written by a doctor licensed practice medicine in California; and (2) each member is a resident of the state of California. The collective may accept an unexpired medical marijuana identification card issued pursuant to California Health and Safety Code 11362.71 as proof of the member's status as a legal patient, in lieu of personal contact with the recommending doctor or his or her agent.
- Medical marijuana dispensing collective operators, employees, managers, members, or agents shall not sell, barter, give away, or furnish medical marijuana to anyone who is not a qualified patient or primary caregiver, registered as a member of the collective, and entitled to possess marijuana under California law. All collective operators, employees, managers, members, or agents shall be qualified patients or a qualified patient's designated primary caregiver.
- Medical marijuana dispensing collectives shall maintain accurate patient records necessary to demonstrate patient eligibility under the law for every collective member, including (1) a copy of a California driver's license or Department of Motor Vehicle identification card, (2) a patient registration form, (3) a valid and unexpired letter of recommendation for the use of medical marijuana written by a doctor licensed practice medicine in California. All patient records shall be kept in a secure location and regarded as strictly confidential.
- Operating hours for medical marijuana dispensing collectives shall be the same as those allowed for local pharmacies.
- Medical marijuana dispensing collectives must have at least one security guard on duty during operating hours who possess a valid Guard Card from the California Department of Consumer Affairs.
If any section, sub-section, paragraph, sentence, or word of this Article is deemed to be invalid, the invalidity of such provision shall not affect the validity of any other sections, sub-sections, paragraphs, sentences, or words of this Article, or the application thereof; and to that end, the sections, sub-sections, paragraphs, sentences, and words of this Article shall be deemed severable.