ASA : APPENDIX B

APPENDIX B

This is a quick guide to what should and should not be in city and county ordinances to best support safe access for medical cannabis patients.

What the ordinance MUST include:

Allowance for over-the-counter/storefront
sales (sometimes called reimbursements,
contributions, or not-for-profit sales)
Allowance for patients to medicate on-site
Allowance for sale of cannabis edibles and
concentrated extracts
Distinction between Medical Cannabis Dispensing Collectives (MCDCs) and private patient collectives or cooperatives

What to look out for in proposed ordinances:

Is the general language and focus framed as a medical or healthcare issue, rather than a criminal justice or law enforcement problem?

Does the ordinance affirm that MCDCs should be organized to serve patients and have a "not-for-profit" business model?

Is there a cap on the number of MCDCs allowed to operate that could negatively impact accessibility, affordability and quality?

Zoning considerations:

Will each MCDC be required to apply for a conditional use permit, or does the ordinance specify MCDCs as an enumerated business?
Are there proximity restrictions or "buffer zones" from so-called "sensitive uses" which will make locating a dispensary onerous?
Has a map been prepared that shows where the ordinance will require MCDCs to locate?

Does the ordinance provide for a community oversight committee tasked with any licensing or appeals processes?

Will the oversight committee include patients, activists, MCDC operators, and members of the local community?

What are the MCDC requirements for bookkeeping and records disclosure?

Does the ordinance allow MCDCs to keep identifying information about its members off-site, to protect patient identities?
Does law enforcement have unfettered access to patient records or is a subpoena required?

Are there caps on the number of patientmembers an MCDC can serve?

Is on-site cultivation prohibited for MCDCs?