HomeMy WebLinkAbout12/7/2016 - STAFF REPORTS - 2.A. pPLM 4.0
.y
V N
Cg41FORa�P CITY COUNCIL STAFF REPORT
DATE: December 7, 2016 PUBLIC HEARING
SUBJECT: PROPOSED ORDINANCES RELATING TO MEDICAL CANNABIS:
1. AMENDS PALM SPRINGS ZONING CODE (PZSC) REGARDING THE
DEVELOPMENT STANDARDS FOR MEDICAL CANNABIS FACILITIES
IN VARIOUS ZONING DISTRICTS;
2. INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 5.45 TO
THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL
CANNABIS BUSINESSES IN THE CITY; AND
3. INITIATION OF AN AMENDMENT TO THE CITY'S ZONING CODE
REGARDING LOCATIONAL REQUIREMENTS FOR MEDICAL
CANNABIS DISPENSARIES IN THE CITY.
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
This agenda item involves three matters involving medical cannabis and the
implementation of the Medical Cannabis Regulation and Safety Act ("MCRSA") in the
City. The first item is the introduction of Zoning Code Text Amendment the City Council
initiated on October 19, 2016, and referred to the Planning Commission for
recommendation. The second item is the introduction of a comprehensive regulatory
ordinance that will implement MCRSA in the City and provide rules and regulations for
medical cannabis cultivation, dispensaries, manufacturing, delivery, and testing in the
City. The third matter is the initiation and referral to the Planning Commission a
proposal to provide locational requirements for medical cannabis collectives and
cooperatives under the City's current regulatory program and medical cannabis
dispensaries under MCRSA
RECOMMENDATIONS:
1. Waive the reading of the text and introduce for first reading Ordinance No.
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTIONS 93.23.15, 92.17.2.00, AND SUBSECTION F OF SECTION 92.17.2.03 OF
THE PALM SPRINGS MUNICIPAL CODE (PSMC) RELATING TO MEDICAL
CANNABIS FACILITIES; AMENDING SECTIONS 92.15.01.C, 92.16.01.C, 92.17.01.C,
92.17.1.02, 92.17.2.00, AND 92.17.2.01.0 RELATING TO MEDICAL CANNABIS
MANUFACTURING AND MEDICAL CANNABIS TESTING FACILITIES IN THE C-M, M-
1-P, M-1, M-2, AND E-1 ZONES OF THE CITY; AND AMENDING SECTIONS
ITEM NO. I�
City Council Staff Report
December 7, 2016-- Page 2
Case 5.1218-E— Medical Cannabis Issues
92.14.01.A, 92.14.1 .01 .A, 92.15.01.A, 92.16.01.A, 92.17.01 .A, 92.17.1.01.A, AND
92.18.01.A RELATING TO MEDICAL CANNABIS DISPENSARY FACILITIES IN THE
C-2, H-C, C-M, M-1-P, M-1, M-2, AND A ZONES OF THE CITY."
2. Waive the reading of the text and introduce for first reading Ordinance No.
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 5.45 TO, AND AMENDING SECTION 5.35.100 OF, THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO MEDICAL CANNABIS BUSINESSES IN THE CITY
OF PALM SPRINGS."
3. Initiate and refer to the Planning Commission for hearing, review, and
recommendation a zone text amendment entitled " AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 93.23.15
OF THE PALM SPRINGS MUNICIPAL CODE (PSMC) RELATING TO LOCATIONAL
REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY. "
STAFF ANALYSIS:
The City currently regulates medical cannabis cooperatives or collectives through
zoning and Iocational requirements of the City's zoning code and the operational
requirements provided in Chapter 5.35 of the Palm Springs Municipal Code. Medical
cannabis cultivation under the City's current code provisions is only allowed to be
performed by City-permitted medical cannabis collectives or cooperatives. The Medical
Cannabis Regulation and Safety Act (MCRSA), adopted by the State last year, will allow
the City to approve various medical cannabis facilities that will not be restricted to non-
profit collective or cooperative operators. The City Council subcommittee has reviewed
the MCRSA and is recommending the Council consider a comprehensive regulatory
ordinance that implements MCRSA in the City. These regulations include an expansion
of cultivation opportunities and the provision of manufacturing, delivery, dispensing, and
testing activities in the City. The subcommittee has recommended amendments to the
City's zoning code necessary to accommodate these opportunities, and the City Council
initiated this proposed ordinance and referred it to the Planning Commission for its
review.
The Planning Commission reviewed the proposed changes at their meeting of
November 9, 2016. The commissioners verified the proposed changes to the
development standards in the E-I (Energy Industrial) zone and reviewed the zoning
districts where the new medical cannabis uses would be permitted, and recommended
approval of the proposed changes. In addition, the Planning Commission
recommended to the City Council that the separation distance requirements from
churches be eliminated, due to the increasing prevalence of church uses in commercial
districts and complexes. The draft ordinance reflects the changes proposed by the
Planning Commission.
02
City Council Staff Report
December 7, 2016 -- Page 3
Case 5.1218-E—Medical Cannabis Issues
This proposed ordinance would add Medical Cannabis Dispensary, Medical Cannabis
Manufacturing Facility, and Medical Cannabis Testing Facility to the list of permissible
uses. The table below identifies the districts where the new uses would be permitted, in
addition to the zoning districts where the existing cannabis use categories (Medical
Cannabis Cooperative or Collectives and Medical Cannabis Cultivation Facility) are
currently allowed:
Facility Type C-2 HC C-M Ill M-1 M-2 E-I A
P
Medical Cannabis Cooperative P P P P P P P
or Collectives (Existing)
Medical Cannabis Cultivation P P P P P P
Facility (Existing)
Medical Cannabis Dispensary P P P P P P P
(New)
Medical Cannabis LUP LUP LUP LUP LUP
Manufacturing Facility (New)
Medical Cannabis Testing LUP LUP LUP LUP LUP
Facility (New)
P = Permitted; LUP = Land Use Permit; underlined text identifies a proposed addition to the zoning
district.
A map has been prepared showing the location of these districts, and has been
included as an attachment to this staff report.
In establishing three new cannabis-related uses, the specific zoning standards in
Chapter 93.23.15 (Medical Cannabis Cooperative or Collective and Medical Cannabis
Cultivation Facility Special Standards) need to be amended to include the new uses.
No other changes are proposed to this chapter of the zoning code; approval
requirements, separation standards, and parking requirements will remain as currently
adopted.
Another proposed change involves a modification to the development standards of the
E-I (Energy Industrial) zone to accommodate cannabis-related uses. The lot coverage
requirement in the E-I zone is limited to 15% for permitted uses, with the exception of
energy uses. In order to allow adequate developable area for buildings to house
cultivation and manufacturing facilities, it is proposed that the lot coverage be increased
to 60% for permitted uses, similar to the M-1 (Service/Manufacturing) Zone and the M-2
(Manufacturing) Zone standards. All other development standards, such as height limits
and setback requirements, shall remain as currently adopted.
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed
Zone Text Amendment has been deemed d "project." Staff has determined that the
proposed Zone Text Amendment (Case 5.1218-E) may be deemed Categorically
Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land
03
City Council Staff Report
December 7, 2016-- Page 4
Case 5.1218-E— Medical Cannabis Issues
Use Limitations) of the Guidelines. The proposed Zone Text Amendment only proposes
insignificant changes to land use regulations.
NOTIFICATION:
A public hearing notice was published in accordance with the requirements of State law
and local ordinance.
—5ouglasklolland David Ready, PhD., Esq
City Attorney City Manager
Attachments:
1. Zone Ordinance Amendment for Introduction
2. Map —Zoning Districts
3. MCRSA Implementing Ordinance for Introduction
4. Draft Ordinance for Initiation and Referral
04
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 93.23.15,
92.17.2.00, AND SUBSECTION F OF SECTION 92.17.2.03
OF THE PALM SPRINGS MUNICIPAL CODE (PSMC)
RELATING TO MEDICAL CANNABIS FACILITIES;
AMENDING SECTIONS 92.15.01 .C, 92.16.01.C,
92.17.01 .C, 92.17.1.02, 92.17.2.00, AND 92.17.2.01.0
RELATING TO MEDICAL CANNABIS MANUFACTURING
AND MEDICAL CANNABIS TESTING FACILITIES IN THE
C-M, M-1-P, M-1, M-2, AND E-1 ZONES OF THE CITY;
AND AMENDING SECTIONS 92.14.01.A, 92.14.1.01.A,
92.15.01.A, 92.16.01.A, 92.17.01.A, 92.17.1.01.A, AND
92.18.01.A RELATING TO MEDICAL CANNABIS
DISPENSARY FACILITIES IN THE C-2, H-C, C-M, M-1-P,
M-1, M-2, AND A ZONES OF THE CITY.
City Attorney Summary
This Ordinance amends provisions of the City's Zoning Code
to establish additional zoning regulations for certain medical
facilities that could be permitted under the implementation of
the Medical Cannabis Regulation and Safety Act. This
Ordinance will only go into effect upon the Council's
adoption of an...
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Sections 92.15.01.0 (C-M Zone), 92.16.01.0 (M-1-P Zone), 92.17.01.0
(M-1 Zone), 92.17.1.02.0 (M-2 Zone), and 92.17.2.01 .0 (E-I Zone) are amended to add
Medical Cannabis Manufacturing Facility and Medical Cannabis Testing Facility as uses
permitted by Land Use Permit in such zones.
SECTION 2. Sections 92.14.01.A (C-2 Zone), 92.14.1.01.A (Highway Commercial
Zone), 92.15.01.A (C-M Zone), 92.16.01 .A (M-1-P Zone), 92.17.01.A (M-1 Zone),
92.17.1.01.A (M-2 Zone), and 92.18.01.A (Airport Zone) are amended to add Medical
Cannabis Dispensary use as a permitted use in such zones.
SECTION 3. Section 92.17.2.00 of the Palm Springs Municipal Code is amended to
read:
92.17/2/00 "E-I" Energy Industrial Zone.
The "E-I" energy industrial zone is intended to provide areas for alternative
energy development and limited industrial and cultivation uses in those areas which by
virtue of strong prevailing winds are ideally suited for large-scale development of wind
energy. Alternative energy development is intended as the principal land use. The
05
Ordinance No. _
Page 2
retention of open space is encouraged. No industrial use shall be permitted which, by
the nature of its development or operation, will in any way adversely affect the resort
environment of the City.
SECTION 4. Subsection F of Section 92.17.2.03 of the Palm Springs Zoning Ordinance
is amended to read:
F. Coverage.
Where a site is developed or approved for wind energy or other alternative energy
purposes, any industrial use thereon shall not occupy an area greater than fifteen (15)
percent of any lot or planned development. Where a site is not so developed or
approved, coverage shall not exceed sixty (60) percent of any lot or planned
development.
SECTION 5. Section 93.23.15 of the Palm Springs Municipal Code is amended to read:
93.23.15 Special Standards for Specified Medical Cannabis Facilities.
A. No land use entitlement, permit (including building permit) approval, site plan,
certificate of occupancy, zoning clearance, or other land use authorization for a MCCC,
Medical Cannabis Dispensary (MCD), Medical Cannabis Manufacturing Facility
(MCMF), Medical Cannabis Cultivation Facility (MCCF), or Medical Cannabis Testing
Facility (MCTF) (collectively "Medical Cannabis Facilities') shall be granted or permitted
except in conformance with this Section.
B. Medical Cannabis Facilities shall be permitted only upon application and approval
of a regulatory permit in accordance with the criteria and process set forth in Chapter
5.35 or 5.45 of this Code. Prior to initiating operations and as a continuing requisite to
conducting operations, the legal representative of the persons wishing to operate a
Medical Cannabis Facility shall obtain a regulatory permit from the City Manager under
the terms and conditions set forth in Chapter 5.35 or Chapter 5.45 of this Code and
shall otherwise fully comply with the provisions of this Section.
C. No MCCC, MCD, MCMF, or MCTF shall be established, developed, or operated
within two-hundred fifty (250) feet of Palm Canyon Drive or any residential zone
property; within five hundred (500) feet of a school, public playground or park, child care
or day care facility, or youth centers skureh. All distances shall be measured in a
straight line, without regard to intervening structures, from the nearest property line of
the property on which the MCCC, MCD, MCMF, MCTF is, or will be located, and to the
nearest property line of those uses described in this Subsection. Administrative
modifications for this standard may be granted by the City Council pursuant to Section
94.06.01.6. Any MCMF in excess of ten thousand (10,000) square feet shall operate
only within the E-I and the M-2 Zones.
D. A Medical Cannabis Facility is not and shall not be approved as an accessory use
to any other use permitted by this Zoning Code. MCCC and MCCF facilities may be
06
Ordinance No.
Page 3
located on the same parcel or on the same premises as otherwise permitted by this
Zoning Code.
E. Except within the E-1 Zone, where M-2 standards shall apply, a Medical Cannabis
Facility shall be parked at a rate of one (1) space for every two hundred fifty (250) gross
square feet of office space, and one (1) space for every eight hundred (800) feet of
warehouse/cultivation space. Administrative modifications for this standard may be
granted by the City Council pursuant to Section 94.06.01.B.
SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED this day of 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
07
Ordinance No. _
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California,
do hereby certify that Ordinance No. is a full, true, and correct copy, and
was introduced at a regular meeting of the Palm Springs City Council on
and adopted at a regular meeting of the City Council held on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
08
A ST
3 A
3 � o
n
o m
v m
m
.. c
t7
N
O :3
N N
DAY
O�
j N
O V
(--
z
SH 62
ANITA RD -
K ATKINS RD �!
_` 33
c m _ m
3AV 3SOb o
n
o v
00 as vS3w `—
O
INDIAN CANYON DR
m m T p m" O
X y c a z = O
p x z m
�. D �, z
g/�`d043301 rn SUNRISE WAY D o m m o
m O RR A Pi
CABOT RD
x FARRELL DR _
R/M v ��� CAROL DR
Ra EL CIELO RD • p x m
GENE AUTRY TRL ^�
0 PALM DR m
vVELL•A RD c v
O
a 2i 33N0 CROSS LEY RD w A BUBBLING WELLS RD
o p
2
m
BEL AIR DR n D LANDAU BLVD MOUNTAIN VIEW RD
D m
CATHEDRAL CANYON DR ;o c ZETA RD
v 1
DATE PALM DR x
D �
> m O
PLUMLEY RD 9 c z
z
DA VALL DR ` Ao dr p CORKILL RD C
D �D m
PARK LN A m �� D
> v D m
z � w 2
z O cn
D
O x N 22
BOB HOPE DR Ao RIO DEL SOL RD FORD AVE Ir
D � m m �G
' v ROBERT RD KRIS AVE �
NC7 CALLE JESSICA NORMAN RD
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 5.45 TO, AND AMENDING
SECTION 5.35.100 OF, THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO MEDICAL CANNABIS BUSINESSES IN
THE CITY OF PALM SPRINGS.
CityAttorney's Summary
This Ordinance implements the provisions of the Medical
Cannabis Regulation and Safety Act provides for the provision of
medical cannabis businesses including dispensaries, delivery
services, manufacturing, cultivation, and testing to operate in the
City subject to compliance with all applicable city and state laws.
The City Council of the City of Palm Springs finds:
A. The City of Palm Springs is a charter city organized pursuant to Article XI of the
California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of
Article XI, the City has the power to make and enforce within its limits all ordinances and
regulations in respect to municipal affairs not in conflict with general laws and its own charter.
Such police powers include without limitation the ability to adopt comprehensive zoning
regulations and regulations upon the use of land and property within the City.
B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm
Springs may adopt and enforce ordinances and regulations not in conflict with general laws to
protect and promote the public health, safety, and welfare of its citizens.
C. The Federal Controlled Substances Act (21 U.S.C. § 801 et seq) prohibits,
except for certain research purposes, the possession, distribution, and manufacture of
cannabis, and there is no medical necessity exception to prosecution and conviction under the
Controlled Substances Act.
D. The Federal Government has issued guidelines for states and local governments
that have enacted laws authorizing cannabis related conduct, requiring them to implement
strong and effective regulatory and enforcement systems that will address the threat that
medical cannabis activity could pose to public safety, public health, and other law enforcement
interests.
E. California statutes specify that, except as authorized by law, the possession,
cultivation, possession for sale, transportation, administration, or furnishing of cannabis are
State criminal violations. State law further punishes one who maintains a place for the purpose
of unlawfully selling, using, or furnishing, or who knowingly makes available a place for storing,
manufacturing, or distributing cannabis.
F. On November 5, 1996, California voters approved Proposition 215, the
Compassionate Use Act of 1996 (CUA), codified at California Health and Safety Code section
11362.5, the intent of which was to enable persons with a demonstrated need for marijuana for
medical/therapeutic purposes, as recommended by a health care provider, to obtain and to use
marijuana, or marijuana-derived compounds, under limited and specified circumstances. On
January 1, 2004, Senate Bill 420 codified as California Health and Safety Code section 11362.7
Pagel 10
et seq. and entitled the "Medical Marijuana Program Act" (MMPA) became law to clarify the
scope of the CUA.
G. The CUA is limited in scope in that it only provides a defense from criminal
prosecution for possession and cultivation of medical cannabis to qualified patients and their
primary caregivers. The MMPA also is limited in scope in that it establishes a statewide
identification program and affords qualified patients, persons with recommendation cards, and
their primary caregivers, an affirmative defense to certain enumerated criminal sanctions that
would otherwise apply to transporting, processing, administering or distributing cannabis.On
November 5, 1996, California voters approved Proposition 215, the Compassionate Use Act of
1996 (Health and Safety Code Section 11362.5, "CUA"), an initiative that exempted certain
patients and their primary caregivers from criminal liability under State law for the possession
and cultivation of cannabis for medical purposes. One of the stated purposes of the CUA is to
ensure that seriously ill Californians have the right to obtain and use cannabis for medical
purposes where that medical use has been recommended by a physician.
H. On January 1, 2004, Senate Bill 420, the Medical Marijuana Program Act (Health
and Safety Code Sections 11362.7-11362.83, "MMP"), became law to clarify the scope of the
CUA and to facilitate the prompt identification of qualified patients and their primary caregivers.
I. The California Attorney General's 2008 Guidelines for the Security and Non-
Diversion of Marijuana Grown for Medical Use ("Guidelines") recognizes that cultivation or other
concentration of cannabis in any location or premises without adequate security increases the
risk that nearby homes or businesses may be impacted negatively by nuisance activity such as
loitering, or more significant levels of crime; and
J. The California Supreme Court has made clear that neither the CUA nor the
MMPA expressly or impliedly preempts the authority of cities or counties, under their traditional
land use and police powers, to allow, restrict, limit, or entirely exclude facilities that distribute
medical cannabis. The MMPA allowed cities and counties to adopt local ordinances that
regulate the location, operation, or establishment of medical cannabis collectives and to enforce
such ordinances. (City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc.
(2013) 56 Cal.4th 729; Health and Safety Code section 11362.83). The same authority
encompasses the regulation, operation, or establishment of cannabis cultivation. (Mara) v. City
of Live Oak (2013) 221 Cal.App.4th 975.)
K. On October 9, 2015, Governor Brown signed into law the Medical Cannabis
Regulation and Safety Act ("MCRSA") which consisted of three interrelated pieces of legislation
(SB 643, AB 243, and AB 266), intended to provide a comprehensive regulatory framework for
the licensing, control, and taxation of medical cannabis related businesses in California.
MCRSA expressly protects a City's local licensing practices, zoning authority, and other local
actions taken under the City's constitutional municipal and police powers. MCRSA contains
statutory provisions that:
1. Allow local governments to enact ordinances expressing their intent to allow or
prohibit the cultivation of cannabis and their intent to administer or not administer a
conditional permit program pursuant to California Health and Safety Code section
11362.777 for the cultivation of cannabis;
2. Expressly provide that the Act does not supersede or limit local authority for local
law enforcement activity, enforcement of local ordinances or enforcement of local permit
or licensing requirements regarding cannabis per California Business and Professions
Code section 19315(a);
Page 2 1 1
3. Expressly provide that the Act does not limit the civil or administrative authority or
remedies of a local government provision of law regarding cannabis including, but not
limited to, a local government's right to make and to enforce within its limits all
regulations not in conflict with general laws per California Business and Professions
Code section 19316(c);
4. Specifically requires, as a condition of state licensure, compliance with any and
all local requirements for all cannabis-related operations.
L. It is the purpose and intent of MCRSA to accommodate the needs of the
seriously ill while protecting the health, safety, and general welfare of the residents and
businesses within the unincorporated areas of City of Palm Springs and comply with State law
and Federal guidelines.
M. It is the intent of the City Council to have a strong and effective regulatory and
enforcement system with regard to medical cannabis that addresses threats to public safety,
health and other law enforcement interests through robust controls and procedures that are
effective in practice.
N. This Ordinance provides regulations for the local permitting of medical marijuana
operations under specified conditions in the unincorporated areas of the City.
O. Chapter 5.45 is intended to establish criteria for issuing local permits pursuant to
the MCRSA and to establish an effective regulatory and enforcement system consistent with the
guidance issued by the United States Department of Justice.
P. Marijuana remains an illegal substance under the Federal Controlled Substances
Act, 21 USC 801 et seq., which makes it unlawful for any person to cultivate, manufacture,
distribute, dispense, or possess with intent to manufacture, distribute, or dispense cannabis.
The Federal Controlled Substances Act contains no statutory exemption for the cultivation of
cannabis for medical purposes. Federal law lists cannabis as a Schedule I drug, meaning that
the federal government contends cannabis has a high potential for abuse, cannabis has no
currently accepted medical use in treatment, and there is a lack of accepted safety for use
under medical supervision.
Q. Despite this classification and treatment under federal law, federal executive and
law enforcement agencies have issued memoranda and other guidelines allowing for the
development of state-specific regulatory schemes that include the provision of cannabis and
cannabis-derived products for medical purposes, as long as the administration of those
schemes is consistent with the aims of federal law.
R. The City Council recognizes that the investigation and research of the
therapeutic uses for medical cannabis and natural cannabis-derived compounds continues to
progress, with at least some demonstrated positive impact on users following the advisement
and encouragement of their health care providers, for a variety of ailments, including severely
debilitating and terminal illnesses.
S. The City Council recognizes, upon consultation with law enforcement, that supply
chains for medical cannabis and cannabis-related products as they currently exist, in the
absence of state and local regulatory schemes, can and do benefit criminal elements to the
detriment of residents of the State of California, the County of Riverside, and very likely the City
of Palm Springs, without full regard for public safety, health, and welfare issues.
T. The City Council recognizes the individual freedom and privacy interests that
surround the choice of what to take into one's body, following consultation with one's chosen
Page 12
health care provider(s), and for one's own health-related purposes, and in a manner that is
responsible in its impacts on others in the community, including children.
U. The City Council also recognizes its obligation to provide guidance on
appropriate community standards of health, safety, and welfare, and, where appropriate, to
protect residents—especially residents of particularly vulnerable populations including children
and senior citizens—from violation and abuse of those community standards.
V. The City Council desires to establish reasonable regulations on the operation of
medical cannabis related businesses which are intended to operate in conjunction with the
zoning and land use regulations of the City of Palm Springs, and which are intended to address
the negative impacts, nuisance impacts, and criminal impacts of unregulated cannabis-related
businesses.
W. Medical cannabis related businesses will continue to be subject to the zoning and
land use regulations of the zoning district in which such business establish and operate, as set
forth in the Palm Springs Zoning Ordinance, and as otherwise established by the City; and
X. The City Council finds that the activities permitted under this ordinance are
consistent with and implement the goals and policies of the Palm Springs General Plan.
Y. The City Council finds that the adoption of this ordinance is exempt from
environmental review under the California Environmental Quality Act ("CEQA") pursuant to the
following provisions of the CEQA Guidelines, 14 Cal. Code of Regulations, Chapter 3:
1. The ordinance is exempt under Section 15061(b) (3) because it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment. The ordinance permits a very limited number of medical
cannabis businesses, and the medical cannabis businesses will have no impacts that
are different than the farming, manufacturing, distribution, laboratory, and delivery
activities already authorized within the City. Furthermore, the ordinance contains
requirements that prevent any potential impacts on the environment that may be unique
to businesses involving medical cannabis. For example, the ordinance establishes
prohibitions on nuisance odors, glare, excess energy usage, and establishes safety
protections to prevent crime or deterioration of the business area into blight, prohibition
on usages of hazardous chemicals, and a prohibition on usage of excess water in
violation of drought laws etc. Further, there is no possibility that this ordinance would
create cumulative impacts that are significant because this ordinance does not authorize
a total number of businesses in the city than would have been otherwise authorized,
does not authorize construction or other related activities or any other activities that are
not already permitted, except that the ordinance allows the same activities but with a
different material (medical cannabis) that is being grown, sold, transported, or otherwise
utilized in some form; there are no other significant impacts that could occur as a result
of this ordinance, and there are no unusual circumstances that would cause any such
significant impacts;
2. The ordinance is also exempt under Section 15183 (projects consistent with a
community plan, general plan, or zoning) since the types of businesses permitted by the
ordinance are consistent with those contemplated by general plan and zoning, such as
farming, manufacture, and distribution of other agriculture products and/or products to be
used as pharmaceuticals;
3. The ordinance is also exempt under CEQA Guidelines Section 15301 (existing
facilities) since permitted medical cannabis business under the ordinance may locate in
Page 4 13
existing facilities, and any additions to structures would be expected to be also exempt
under 15301; and
4. The ordinance is exempt under Section 15303 (new construction or conversion of
small structures). The businesses will be established in an urban area, and given the
build out of the existing city, and sufficient existing leasable property, the amount of
construction that would occur is minimal to non-existent, and any such construction
would be less than the thresholds established in Section 15303.
NOW THEREFORE, The City Council of the City of Palm Springs ordains:
SECTION 1. Chapter 5.35 of the Palm Springs Municipal Code is renamed "Initial Medical
Cannabis Regulation Program."
SECTION 2. Section 5.35.100 of the Palm Springs Municipal Code is amended to read:
Section 5.35.100. General Provisions.
The provisions of this Chapter shall apply solely to medical cannabis collectives or cooperatives
permitted and approved by the City Council and commenced operations prior to October 1,
2016. Any such permitted and approved medical cannabis collective or cooperative that
commenced operation prior to July 1, 2015 may at the option of the operator continue to operate
pursuant to this Chapter until January 1, 2026 or such other date as may be established by the
State and engage in cultivation and/or dispensing activities as allowed under Chapter 5.45 or
apply for a permit or permits pursuant to Chapter 5.45. Any such permitted and approved
medical cannabis collective or cooperative that lawfully commenced operation after July 1, 2015
shall (1) apply for a permit or permits pursuant to Chapter 5.45 of this Code, (2) commence
operations pursuant to such permit or permits, and (3) cease operations under any permit under
this Chapter 5.35 prior to July 1, 2017. Upon the approval of one or more permits pursuant to
Chapter 5.45 for any medical cannabis collective or cooperative that commenced operation prior
to September 1, 2016, all rights to continue to operate a medical cannabis collective or
cooperative pursuant to this Chapter 5.35 shall cease and shall no longer be in force or effect
and shall not be renewed, re-issued, or extended. Except as otherwise expressly provided in
this Section, no permit or approval for a medical cannabis collective or cooperative pursuant to
Chapter 5.35 shall be approved or maintained.
SECTION 3. Chapter 5.45 is added to the Palm Springs Municipal Code to read:
Chapter 5.45
MEDICAL CANNABIS RELATED BUSINESSES AND ACTIVITIES
Section 5.45.010. Purpose and Intent.
Section 5.45.020. Legal Authority.
Section 5.45.030. Prohibition on Cultivation and Business Unless Authorized.
Section 5.45.040. Compliance with Laws.
Section 5.45.050. Definitions.
Page 5 14
Section 5.45.060. Medical Cannabis Business Permit Required to Engage in Medical
Marijuana Business.
Section 5.45.070. Commercial Medical Cannabis Permit Required.
Section 5.45.080. Commercial Medical Cannabis Permit Application Process.
Section 5.45.090. Review of Application for Commercial Medical Cannabis Permit.
Section 5.45.095. Required Findings and Conditions for Dispensaries.
Section 5.45.096. Required Findings and Conditions for Cultivation.
Section 5.45.097. Required Findings and Conditions for Manufacturing.
Section 5.45.098. Required Findings and Conditions for Testing Facilities.
Section 5.45.099. Required Findings and Conditions for Transportation and
Distribution Facilities.
Section 5.45.100. Commercial Medical Cannabis Permit Renewals.
Section 5.45.110 Compliance with Laws.
Section 5.45.120. Fees and Charges.
Section 5.45.130. Transfers of Commercial Medical Cannabis Permits.
Section 5.45.140. Requirements Before Permittee May Commence Operations.
Section 5.43.200. Commercial Medical Cannabis Operating Requirements.
Section 5.45.205. Miscellaneous Operating Requirements.
Section 5.45.210. Security Measures
Section 5.45.220. Packaging and Labeling Requirements.
Section 5.45.400. General Authority of City Manager
Section 5.45.410. Suspension or Revocation of Commercial Medical Cannabis Permit.
Section 5.45.420. Service.
Section 5.45.430. Enforcement and Penalties.
Section 5.45.010. Purpose and Intent.
A. It is the purpose and intent of this Chapter to accommodate the needs of medically-ill
persons in need of cannabis for medical purposes, as advised and recommended by their
health care provider(s), while imposing regulations on the use of land to protect the City's
neighborhoods, residents, and businesses from negative impacts. It is a further purpose and
intent of this Chapter to regulate the cultivation, manufacturing, processing, testing, transporting,
delivery, and distribution of cannabis and cannabis-related products in a manner which is
responsible, which protects the health, safety, and welfare of the residents of Palm Springs, and
to enforce rules and regulations consistent with state law. In part to meet these objectives, an
Page 6 15
annual permit shall be required in order to own and/or to operate a medical cannabis business
within Palm Springs. Nothing in this Chapter is intended to authorize the possession, use, or
provision of cannabis for purposes which violate state or federal law. The provisions of this
Chapter are in addition to any other permits, licenses, and approvals which may be required to
conduct business in the City, and are in addition to any permits, licenses and approval required
under state, county, or other law.
B. It is the stated intent of this Chapter to regulate medical cannabis activity in the City of
Palm Springs concurrently with the State of California.
C. All applications, proposals, requests for medical cannabis related businesses and
activity, and any permits or approvals related to such medical cannabis businesses and activity,
shall be processed, reviewed, and administered pursuant to the provisions of this Chapter,
except that any permit for or approval of a medical collective or cooperative approved by the
City Council on or approved by July 1, 2015 shall be administered pursuant to the provisions of
Chapter 5.35 of this Code.
Section 5.45.020. Legal Authority.
Pursuant to Sections 5 and 7 of Article XI of the California Constitution, and the provisions of the
Medical Cannabis Regulation and Safety Act (hereinafter"MCRSA"), the City of Palm Springs is
authorized to adopt ordinances that establish standards, requirements and regulations for local
licenses and permits for cannabis and cannabis-related activity. Any standards, requirements,
and regulations regarding health and safety, security, and worker protections established by the
State of California, or any of its departments or divisions, shall be the minimum standards
applicable in the City of Palm Springs to cannabis, and/or cannabis-related activity.
Section 5.45.030. Prohibition on Cultivation and Business Unless Authorized.
Except as specifically authorized in this Chapter or Chapter 5.35, the cultivation, possession,
manufacture, processing, storing, laboratory testing, labeling, transporting, dispensing,
distribution, delivery, or sale of cannabis or a cannabis product is expressly prohibited in the
City of Palm Springs.
Section 5.45.040. Compliance with Laws.
It is the responsibility of the owners and operators of the medical cannabis business to ensure
that it is, at all times, operating in a manner compliant with all applicable state and local laws,
and any regulations promulgated thereunder. It shall be the responsibility of the owners and the
operators of the medical cannabis business to ensure that the medical cannabis business is, at
all times, operating in a manner compliant with all applicable federal, state, and local laws, the
Guidelines, any subsequently enacted state law or regulatory, licensing, or certification
requirements, and any specific, additional operating procedures or requirements which may be
imposed as conditions of approval of the medical cannabis business permit. Nothing in this
Chapter shall be construed as authorizing any actions which violate federal or state law with
regard to the operation of a medical cannabis business.
Section 5.45.050. Definitions.
The following definitions of terms shall apply to this Chapter, unless the context requires
otherwise. Any reference to California statutes includes any regulations promulgated thereunder 1
Page 7 16
and is deemed to include any successor or amended version of the referenced statute or
regulatory provision.
"Applicant" means a person eighteen (18) years of age or older who has submitted an
application for a permit or renewal of a permit issued pursuant to this Chapter. If the applicant is
an entity and not a natural person, applicant shall include all persons having a ten (10) percent
or more financial interest in the entity.
"Application" means that form provided by the City Manager in accordance with this
Chapter for the purpose of seeking a commercial medical cannabis permit.
"Cannabinoid" or "phytocannabinoid" means a chemical compound that is unique to and
derived from cannabis.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the
separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means
marijuana as defined by Section 11018 of the California Health and Safety Code. "Cannabis"
does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the
sterilized seed of the plant which is incapable of germination. For the purpose of this Chapter,
"cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the
California Food and Agricultural Code or Section 11018.5 of the California Health and Safety
Code.
',Cannabis concentrate" means manufactured cannabis that has undergone a process to
concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin
from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. A
cannabis concentrate is not considered food, as defined by Section 109935 of the California
Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and
Safety Code.
"Canopy" means all areas occupied by any portion of a cannabis plant, inclusive of all
vertical planes, whether contiguous or noncontiguous on any one site.
"Caregiver" or "primary caregiver" has the same meaning as that term is defined in
Section 11362.7 of the California Health and Safety Code.
"Certificate of accreditation" means a certificate issued by an accrediting body to a
licensed testing laboratory, entity, or site to be registered in the state.
"Commercial medical cannabis activity" means the cultivation, possession, manufacture,
processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of
medical cannabis or a medical cannabis product. "Commercial medical cannabis activity" does
not include a qualified patient who cultivates one hundred (100) square feet total canopy area or
less exclusively for his or her personal use or who possesses, stores, manufactures, or
transports cannabis exclusively for his or her personal medical use but who does not provide,
donate, sell, or distribute cannabis to any other person. "Commercial medical cannabis activity"
also does not include a primary caregiver who cultivates one hundred (100) square feet total
canopy area or less exclusively for the personal medical purposes for each specified qualified
patient, up to five hundred (500) square feet, for whom he or she is the primary caregiver or who
possesses, stores, manufactures, transports, donates, or provides cannabis exclusively for the
Page 8 17
personal medical purposes of no more than five specified qualified patients for whom he or she
is the primary caregiver, but who does not receive remuneration for these activities except for
compensation in full compliance with Section 11362.765(c) of the California Health and Safety
Code, as it may be amended.
"Commercial medical cannabis permit" means a permit issued by the City to an applicant
to perform commercial medical cannabis activities under this Chapter.
"Commercial medical cannabis operation" means an entity that engages in commercial
cannabis activities.
"Cultivation" means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of medical cannabis. Within the definition of cultivation, the following
specific license types, corresponding to state cultivator license types set forth in California
Business and Professions Code Section 19332(g), apply:
1. Type 1 or "specialty outdoor" means outdoor cultivation using no artificial lighting
and having no more than fifty (50) mature plants or five thousand (5,000) square feet of
total canopy size whichever is less;
2. Type 1A or "specialty indoor" means cultivation using exclusively artificial
lighting, is entirely contained within a structure, and having no more than five thousand
(5,000) square feet of total canopy size;
3. Type 16 or "specialty mixed-light" means cultivation using a combination of
natural and supplemental artificial lighting and having no more than five thousand
(5,000) square feet of total canopy size;
4. Type 2 or "small outdoor" means outdoor cultivation using no artificial lighting
and having a total canopy size between five thousand one (5,001) and ten thousand
(10,000) square feet;
5. Type 2A or "small indoor' means indoor cultivation exclusively using artificial
lighting and having a total canopy size between five thousand one (5,001) and ten
thousand (10,000) square feet;
6. Type 2B or "small mixed-light" means cultivation using a combination of natural
and supplemental artificial lighting and having a total canopy size between five thousand
one (5,001) and ten thousand (10,000) square feet;
7. Type 3 or "outdoor' means outdoor cultivation using no artificial lighting and
having a total canopy area between ten thousand one (10,001) square feet and one
acre;
8. Type 3A or "indoor" means indoor cultivation using exclusively artificial lighting
and having a total canopy area between ten thousand one (10,001) and twenty-two
thousand (22,000) square feet;
9. Type 3B or "mixed-light" means cultivation using a combination of natural and
supplemental artificial lighting and having a total canopy area of between ten thousand
one (10,001) and twenty-two thousand (22,000) square feet; and
10, Type 4 or "nursery" means cultivation of medical cannabis solely as a nursery.
"Cultivation site" means a location where medical cannabis is planted, grown, harvested,
dried, cured, graded, or trimmed, or where all or any combination of those activities occurs, and
where the operator holds a valid medical cannabis business permit for cultivation from the City
of Palm Springs and a valid state license to cultivate cannabis as required by state law.
Page 9 1 8
"Delivery" means the commercial transfer of medical cannabis or medical cannabis
products from a dispensary, up to an amount determined to be authorized by the State of
California, or any of its departments or divisions, to a primary caregiver or a qualified patient as
defined in Section 11362.7 of the California Health and Safety Code, or a testing laboratory.
"Delivery' also includes the use by a dispensary of any technology platform owned and
controlled by the dispensary, or independently licensed by the State of California under the
MCRSA, that enables anyone to arrange for or facilitate the commercial transfer by a licensed
dispensary of medical cannabis or medical cannabis products.
"Dispensary' means a premises where medical cannabis, medical cannabis products, or
devices for the use of medical cannabis or medical cannabis products are offered, either
individually or in any combination, for retail sale, including an establishment (whether fixed or
mobile) that delivers, pursuant to MCRSA, medical cannabis and medical cannabis products as
part of a retail sale, and where the operator holds a valid medical cannabis business permit from
the City of Palm Springs authorizing the operation of a dispensary, and a valid state license as
required by state law to operate a dispensary.
"Dispensing" means any activity involving the retail sale of medical cannabis or medical
cannabis products from a dispensary.
"Distribution" means the procurement, sale, and transport of medical cannabis and
medical cannabis products between entities licensed pursuant to this chapter.
"Distributor" means a person holding a valid medical cannabis business permit for
distribution issued by the City of Palm Springs, and, a valid state license for distribution,
required by state law to engage in the business of purchasing medical cannabis from a licensed
cultivator, or medical cannabis products from a license manufacturer, for sale to a licensed
dispensary.
"Dried flower" means all dead medical cannabis that has been harvested, dried, cured,
or otherwise processed, excluding leaves and stems.
"Edible cannabis product" means manufactured cannabis that is intended to be used, in
whole or in part, for human consumption including, but not limited to, chewing gum, but
excluding products set forth in Division 15 (commencing with Section 32501) of the Food and
Agricultural Code.. An edible medical cannabis product is not considered food as defined by
Section 109935 of the California Health and Safety Code or a drug as defined by Section
109925 of the California Health and Safety Code.
"Fully enclosed and secure structure" or "greenhouse" means a space within a building
or other structure which has a complete roof enclosure supported by connecting walls extending
from the ground to the roof, which is secure against unauthorized entry, provides complete
visual screening, and which is accessible only through one or more lockable doors and is
inaccessible to minors and provided such "greenhouse" is constructed to usual and customary
standards and approved by the Building Official.
"Health Officer" means the County of Riverside Health Officer or the designee of the
County of Riverside Health Officer or any other person exercising the duties of health officer for
the City.
"Identification card" has the same definition as in Section 11362.7 of the California
Health and Safety Code, as it may be amended.
"Licensee" means a person issued a state license under Chapter 3.5 (commencing with
Section 19300) of the California Business and Professions Code, to engage in a commercial
medical cannabis activity.
Page 10 19
"Licensing authority" means the state agency responsible for the issuance, renewal, or
reinstatement of a license for commercial medical cannabis activities, or the state agency
authorized to take disciplinary action against the license.
"Live plants" means living medical cannabis flowers and plants, including seeds, sprouts,
immature plants (including unrooted clones), and vegetative stage plants.
"Manufactured cannabis" or "cannabis product" 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 intended for internal consumption or topical application.
"Manufacturer" means a person that conducts the production, preparation, propagation,
or compounding of manufactured medical cannabis, as defined in this section, or medical
cannabis products either directly or indirectly or by extraction methods, or independently by
means of chemical synthesis at a fixed location that packages or repackages medical cannabis
or medical cannabis products or labels or re-labels its container, where the operator holds (1) a
valid medical cannabis business permit for manufacturing from the City of Palm Springs and (2)
after January 1, 2018 or as sooner as permitted by the state granting agency, department or
division, a valid state license for manufacturing pursuant to MCRSA.
"Marijuana" means "cannabis," as that term is defined in this Section.
"MCRSA" means the Medical Cannabis Regulation and Safety Act, consisting of three
interrelated pieces of legislation (SB 643, AB 243, and AB 266), as may be amended from time
to time, a comprehensive regulatory framework for the licensing, control, and taxation of medical
cannabis related businesses in California.
"Medical cannabis," "medical cannabis product," or "cannabis product" means a product
containing cannabis, including, but not limited to, concentrates and extractions, intended to be
sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act
of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code.
For the purposes of this Chapter, "medical cannabis" does not include "industrial hemp" as
defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the
California Health and Safety Code.
"Medical cannabis activity" includes cultivation, manufacture, processing, laboratory
testing, transporting, delivery, distribution, or sale of medical cannabis or a medical cannabis
product, within the meaning of California Business and Professions Code 19300 et seq.
"Medical cannabis business" means any business or operation which engages in
medical cannabis activity.
"Medical cannabis permit" means a regulatory permit issued by the City of Palm Springs
pursuant to this Chapter to a medical cannabis business, and is required before any medical
cannabis activity may be conducted in the City. The initial permit and annual renewal of a
medical cannabis business permit is made expressly contingent upon the business' ongoing
compliance with all of the requirements of this Chapter and any regulations adopted by the City
governing the medical cannabis activity at issue.
"Nursery" means a licensee that produces only clones, immature plants, seeds, and
other agricultural products used specifically for the planting, propagation, and cultivation of
medical cannabis.
"Owner" means the person, firm, corporation, or partnership that owns property or is in
possession thereof under a contract to purchase or under a lease, the term of which is not less
Page 11 20
than ten years, by a person or persons, firm, corporation, or partnership, individually, jointly, in
common, or in any other manner whereby such property is under single or unified control.
"Patient" or "qualified patient" shall have the same definition as California Health and
Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is
entitled to the protections of California Health & Safety Code Section 11362.5. For purposes of
this ordinance, qualified patient shall include a person with an identification card, as that term is
defined by California Health and Safety Code Section 11362.7 et seq.
"Permittee" means a person issued a City permit under this Chapter.
"Person" means an individual, firm, partnership, joint venture, association, corporation,
limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or
combination acting as a unit and includes the plural as well as the singular number.
"Premises" means the building or greenhouse in which commercial medical cannabis
activities are operated and, in addition, any accessory structures and appurtenant areas.
"Primary caregiver" has the same definition as in Section 11362.7 of the California
Health and Safety Code, as it may be amended.
"Property owner" means the individual or entity who is the record owner of the subject
property where commercial medical cannabis activities are located or are proposed to be
located.
"Qualified patient" has the same definition as in Section 11362.7 of the California Health
and Safety Code, as it may be amended.
"State Law" means all statutes, rules, and regulations relating to the cultivation,
manufacture, dispensing, sale, distribution, and transportation of Medical Cannabis, as such
statutes, rules, and regulations as may be amended from time to time.
"State license," "license," or "registration" means a state license issued by the State of
California, or one of its departments or divisions, under MCRSA to engage in medical cannabis
activity.
Testing laboratory" means a facility, entity, or site in the City that offers or performs test
of medical cannabis or medical cannabis products and that is both of the following:
1. Accredited by an accrediting body that is independent from all other persons
involved in the medical cannabis industry in the state; and
2. Registered with the California State Department of Public Health.
"Topical cannabis" means a product intended for external use. A topical cannabis
product is not considered a drug as defined by Section 109925 of the California Health and
Safety Code.
"Transport" means the transfer of medical cannabis or medical cannabis products from
the permitted business location of one licensee to the permitted business location of another
licensee, for the purposes of conducting commercial medical cannabis activity authorized
pursuant to the California Business and Professions Code Section 19300 et seq., as may be
amended from time to time.
"Transporter" means a person issued a state license, and a medical cannabis business
permit by the City of Palm Springs, authorizing the transport of medical cannabis or medical
cannabis products in amounts authorized by the State of California, or by one of its departments
or divisions under the MCRSA.
Page 12 21
Section 5.45.060. Medical Cannabis Business Permit Required to Engage in Medical
Marijuana Business.
No person may engage in any medical cannabis business or in any medical cannabis
activity within the City of Palm Springs including cultivation, manufacture, processing, laboratory
testing, transporting, dispensing, distribution, or sale of medical cannabis or a medical cannabis
product unless the person (1) has a valid medical cannabis permit from the City of Palm Springs
and (2) is currently in compliance with all applicable state and local laws and regulations
pertaining to the medical cannabis business and the medical cannabis business activities,
including the duty to obtain any required state licenses.
Section 5.45.070. Commercial Medical Cannabis Permit Required.
A. Any person who intends to engage in a commercial medical cannabis activity shall
obtain a commercial medical cannabis permit for the fixed location in which the commercial
medical cannabis activity is to occur.
B. It is unlawful for any person to conduct, engage in or allow to be conducted or engaged
in a commercial medical cannabis activity within the corporate limits of City of Palm Springs,
unless the City has issued such person a permit under this Chapter and the permit is in effect.
Notwithstanding the above, the permits issued under this Chapter do not provide any protection
or immunity for any person from State or Federal laws, or from prosecution pursuant to any
applicable State or Federal laws.
C. Upon implementation of state regulations pursuant to State Law, a valid license from the
State shall be required to operate any commercial medical cannabis activity.
D. The fact that an applicant possesses other types of State or City permits or licenses,
shall not exempt the applicant from obtaining a commercial medical cannabis permit under this
Chapter, nor shall the terms and conditions of any other such permit or license modify the
requirements of a permit granted under this Chapter, except that the commercial medical
cannabis permit must be consistent with the land use entitlement issued by the City pursuant to
Title 20 or Title 21 of the Palm Springs Municipal Code.
E. The applicant must receive all necessary land use entitlements as required by the Palm
Springs Zoning Ordinance before the City Manager will issue a commercial medical cannabis
permit under this Chapter.
F. The following persons are exempt from the requirements of this Chapter:
1. A qualified patient who cultivates one hundred (100) square feet total canopy
area or less of cannabis exclusively for personal medical use but who does not
provide, donate, sell, or distribute cannabis to any other person; and
2. A primary caregiver who cultivates one hundred (100) square feet oftotal canopy
area or less exclusively for the personal medical purposes for each specified
qualified patientfor whom he or she is the primary caregiver, up to five hundred
(500) square feet, but who does not receive remuneration for these activities
except for compensation in full compliance with State Law.
3. Qualified patients and/or primary caregivers shall, upon request, provide
appropriate documentation to law enforcement demonstrating that they have a
valid doctor's recommendation to use cannabis for medical purposes.
Page 13 22
Section 5.45.080. Commercial Medical Cannabis Permit Application Process.
A. Each application for the establishment of a commercial medical cannabis permit shall be
filed with the City Clerk on the form and in the manner prescribed by the City Manager. The City
Manager shall be responsible for administering the application process as set forth in this
Chapter. All applications for permits required pursuant to this Chapter shall be made upon
current forms prescribed by the City Manager. Applications submitted to the City Manager
may include, but not be limited to, new business premises, transfers of ownership, change of
locations, premises modifications, and changes in trade name.
B. All applications must include application and permitting fees as established by resolution
adopted by the City Council as amended from time to time.
C. A permit issued by the City Manager constitutes a revocable privilege. The burden of
proving an Applicant's qualifications for a permit rests at all times with the Applicant.
D. The Applicant or its authorized agent must provide a surety bond, if applicable, and
prove that all tax returns related to the business have been timely filed.
E. In all cases, the application must be complete in every material detail and shall contain,
without limitation, the following documentation:
1. All applicants' names, mailing addresses, and if available, e-mail addresses.
2. A twenty-four(24) hour or nighttime contact phone number.
3. The physical address and assessor's parcel number(s) (APN or APNs) of the
property upon which the proposed commercial medical cannabis operation will
be located.
4. Proof of ownership of premises, or if the premises on which the commercial
medical cannabis operation is to occur is rented or leased, written permission
from the property owner containing the property owner's notarized signature that
authorizes the tenant or lessee to engage in commercial medical cannabis
activities at the site.
5. A "to scale" diagram of the premises, showing, without limitation, a site plan,
building layout, all entry ways and exits to the facility, loading zones and all areas
in which medical cannabis and medical cannabis products will be stored, grown
or dispensed.
6. If the applicant is a business entity or any form of entity, information regarding
the entity, including, without limitation, the name and address of the entity, its
legal status, and proof of registration with, or a certificate of good standing from,
the California Secretary of State, as applicable.
7. The full name, date of birth, social security number, present address and
telephone number for all owners, supervisors, employees, and persons having a
ten (10) percent or more financial interest in the commercial medical cannabis
activity that is the subject of the application or, if the applicant is an entity, having
a ten (10) percent or more financial interest in the entity.
8. All land all owners, supervisors, employees, and persons having a ten (10)
percent or more financial interest must submit fingerprints and other necessary
information for a criminal background check.
Page 14 23
9. Written proof (i.e., California driver's license, California identification card, or
certified birth certificate) that all applicants, property owners, supervisors, and
employees are eighteen (18) years of age or older.
10. The names and addresses of any other commercial medical cannabis operations
currently being operated by the applicant, or that had previously been operated
by the applicant and a statement of whether the authorization for any such
operation had been revoked or suspended and, if so, the reason therefore.
11. A full description of the proposed activities and products of the commercial
medical cannabis operation.
12. A description of the type of State license(s) that will be required for the proposed
operations pursuant to California Business and Professions Code Section 19300
of seq., including a description of the proposed total canopy area of any
cultivation or nursery operation.
13. A detail of the procedures to be utilized at the premises including a description of
how chemicals, pesticides and fertilizers will be stored, handled, used and
disposed of; and if applicable, manufacturing methods, the transportation
process, inventory procedures, and quality control procedures.
14. Proposed hours of operation.
15. A waste disposal plan.
16. If applicable, provide the applicant's seller's permit number issued pursuant to
Part 1 (commencing with Section 6001) of Division 2 of the California Revenue
and Taxation Code or indicate that the applicant is currently applying for a seller's
permit.
17. A statement by the applicant that it has the ability to comply with all laws
regulating businesses in the State of California and that it shall maintain
compliance during the term of the permit.
18. Authorization for the City, its agents and employees to seek verification of the
information contained in the application.
19. Certification, under penalty of perjury, that all the information contained in the
application is true and correct.
F. Nothing in this Section is intended to limit the City Manager's ability to request additional
information the City Manager deems necessary or relevant to determining an Applicant's
suitability for a permit or a renewal of a permit under this Chapter. Each Applicant shall provide
any additional information required that the City Manager may request to process and fully
investigate the application. The additional information must be provided to the City Manager no
later than seven days of the request unless otherwise specified by the City Manager. Failure to
provide such additional information by the requested deadline may result in denial of the
application or renewal or revocation or suspension of a permit.
G. Based on the type of commercial medical cannabis activities proposed, the City
Manager may require the following additional information:
1. Medical Cannabis Dispensary. In reviewing an application to dispense medical
cannabis or medical cannabis products, the City Manager may request
operational plans detailing how operations will comply with federal enforcement
priorities.
Page 15 24
2. Medical Cannabis Cultivation. In reviewing an application to cultivate medical
cannabis, the City Manager may request the following additional information:
a. Water conservation measures;
b. Projected energy demand and proposed renewable energy generation
facilities;
C. Unique identifier, inventory, and quality control procedures; and
d. A floor plan identifying the location, dimensions, and boundaries of all
proposed canopy areas taking into account space needed for ongoing
care of plants and a description of the proposed method of physically
delineating those boundaries at the site.
3. Medical Cannabis Manufacturing. In reviewing an application to operate a
cannabis manufacturing facility, the City Manager may request the following
additional information:
a. Information on products used in the manufacturing process including the
cannabis supply chain, liquids, solvents, agents, and processes.
Cannabis shall be obtained from a licensed cultivator or licensed
distributor operating in compliance with all local and state laws;
b. Storage protocol and hazard response plan;
C. Quality control measures; and
d. Any other information requested by the City Manager.
4. Medical Cannabis Testing Facilities. In reviewing an application to operate a
cannabis testing facility, the City Manager may request the following additional
information:
a. An operations plan detailing how cannabis will be received, secured,
tested, and destroyed upon completion;
b. Certificate of accreditation;
C. Proposed procedures for record keeping including chain of custody
control and certificate issuance; and
d. Any other information requested by the City Manager.
5. Medical Cannabis Transportation and Distribution Facility. In reviewing an
application to operate a cannabis transportation and/or distribution facility, the
City Manager may request any following additional information:
a. An operations plan detailing how, and from where, cannabis and
cannabis products will be received, how any storage, distribution, and
transportation operations will be secured to prevent theft and trespass,
and to whom the product will be distributed;
b. Quality control inspections and requirements plan;
C. Truck parking and loading areas;
d. Storage and handling plans; and
e. Any other information requested by the City Manager.
Page 16 25
H. All required application materials shall be prepared by the applicant and submitted at the
time of application.
I. All Applicants shall submit information to the City Manager in a full, faithful, truthful, and
fair manner. The City Manager may deny an application where the Applicant made intentional or
purposeful misstatements, omissions, misrepresentations, or untruths in the application or in
connection with the Applicant's background investigation. This type of conduct may be
considered as the basis for additional administrative action against the Applicant and it may also
be the basis for criminal charges against the Applicant.
J. All application forms supplied by the City Manager and filed by an Applicant for a permit,
including attachments and any other documents associated with the investigation, shall be
accessible by the City Manager and any state or local law enforcement agency for a purpose
authorized by this Chapter or for any other state or local law enforcement purpose.
K. Any applicant who operated any marijuana business activity in the City without a permit
issued from the City for such activity shall be deemed unqualified to receive any cannabis
permit for a business or activity under this Chapter and shall not be issued a permit.
Section 5.45.090. Review of Application for Commercial Medical Cannabis Permit.
A. The City Manager shall review the application for a commercial medical cannabis permit
and associated documents and shall require, if he or she deems necessary, additional
information to complete the application. The City Manager may deem the application incomplete
if it does not contain all required information and documents.
B. An application shall not be deemed complete unless all required application fees have
been paid.
C. Each commercial medical cannabis permit shall be granted for a one year period and
shall expire one year after the date of its issuance.
D. Upon review of a complete application for a commercial medical cannabis permit, the
City Manager may grant the application if:
1. The proposed commercial medical cannabis activities will comply with all the
requirements of the State and the Palm Springs Municipal Code;
2. The applicant has received all necessary land use entitlements as required by
the Zoning Ordinance;
3. The proposed commercial medical cannabis activities will comply with all
provisions of this Chapter; and
4. If applicable, the applicant has obtained a valid seller's permit required pursuant
to Part 1 (commencing with Section 6001) of Division 2 of the California Revenue and
Taxation Code.
E. The City Manager shall deny any application that meets any of the following criteria:
1. The applicant has knowingly made a false statement of material fact or has
knowingly omitted a material fact from the application;
2. Any supervisor, employee, or persons having a ten (10) percent or more financial
interest in the commercial medical cannabis activity has been convicted of a felony or a
drug related misdemeanor reclassified by Section 1170.18 of the California Penal Code
Page 17 26
(Proposition 47) within the past ten (10) years. A conviction within the meaning of this
Section means a plea or verdict of guilty or a conviction following a plea of nolo
contendere;
3. Any person who is listed on the application is a licensed physician making patient
recommendations for medical cannabis pursuant to Section 11362.7 of the California
Health and Safety Code;
4. If applicable, the applicant failed to obtain or maintain a valid seller's permit
required pursuant to Part 1 (commencing with Section 6001) of Division 2 of the
California Revenue and Taxation Code;
5. Any person who is listed on the application is less than eighteen (18) years of
age;
6. The proposed commercial medical cannabis operation does not comply with the
provisions of this Chapter or State law; or
7. The applicant has not received all necessary land use entitlements as required
by Palm Springs Zoning Code.
F. In the event the City Manager denies any application, the City Manager shall specify in
writing the reasons for the denial and notify the applicant that the decision shall become final
unless the permittee seeks an appeal pursuant to Chapter 2.05 of this Code within ten (10)
calendar days of the date of service of the City Manager's decision. Service of the decision shall
be provided in accordance with the requirements set forth in Chapter 2.05 of this Code.
Section 5.45.095. Required Findings and Conditions for Dispensaries.
A. A permit for a medical cannabis dispensary shall not be granted by the City Manager
unless all of the following findings are made based on substantial evidence:
1. The dispensary, as proposed, has demonstrated that it can and will comply with
all of the requirements of the State and City to operate a medical cannabis dispensary.
2. The dispensary complies with the Iocational requirements of the Zoning
Ordinance.
3. The dispensary, as approved and conditioned, will not result in significant
unavoidable impacts on the environment.
4. The dispensary includes adequate measures that minimize, to the extent
feasible, nuisances to the immediate neighborhood and community including minimizing
the detection of odor from offsite, minimizing the effects of loitering, providing adequate
security measures, and not exceeding the Land Use Permit's limits on hours of
operation.
5. The dispensary will provide adequate measures that address the federal
enforcement priorities for cannabis activities including restricting drugged driving,
restricting access to minors, prohibiting use or possession of firearms for security
purposes at the premises, and ensuring that medical cannabis and medical cannabis
products are supplied from permitted and licensed sources.
B. In addition to any other required conditions and mitigation measures approved by the
City Manager, all of the following conditions shall apply to all permits for a medical cannabis
dispensary:
Page 18 27
1. The medical cannabis dispensary shall allow access to dispensary facilities and
records if requested by the City, its officers, or agents, and shall pay for an annual
inspection in an amount to be determined by City Council resolution and submit to
inspections from the City or its officers to verify compliance with all relevant rules,
regulations, and conditions.
2. The applicant, owner, and all permittees agree to submit to, and pay for,
inspections of the operations and relevant records or documents necessary to determine
compliance with this Chapter by any enforcement officer of the City or their designee.
3. The applicant and the permittee for the dispensary facility and property owner (if
the property owner has a financial interest in the dispensary facility) shall indemnify,
defend, and hold the City harmless from any and all claims and proceedings relating to
the approval of the permit or relating to any damage to property or persons stemming
from the commercial medical cannabis activity.
4. The owner shall be responsible for ensuring that all commercial medical
cannabis activities at the site operate in good standing with all permits and licenses
required by the City of Palm Springs Code and State law. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting commercial
medical cannabis activities at the site who do not maintain permits or licenses in good
standing with the City or State shall be grounds for the suspension or revocation of a
permit pursuant to this Chapter.
5. The dispensary shall operate only in accordance with the operating plans
reviewed and approved by the City Manager.
Section 5.45.096. Required Findings and Conditions for Cultivation.
A. A permit for medical cannabis cultivation shall not be granted by the City Manager
unless all of the following findings are made based on substantial evidence:
1. The cultivation, as proposed, will comply with all of the requirements of the State
and City for the cultivation of medical cannabis.
2. The cultivation complies with the locational requirements of the Zoning
Ordinance.
3. The cultivation, as approved and conditioned, will not result in significant
unavoidable impacts on the environment.
4. The cultivation includes adequate measures that minimize use of water for
medical cannabis cultivation at the site.
5. The cultivation includes adequate measures to address the projected energy
demand for medical cannabis cultivation at the site.
6. The cultivation includes adequate quality control measures to ensure medical
cannabis cultivated at the site meets industry standards.
7. The cultivation includes adequate measures that address the federal
enforcement priorities for cannabis activities including restricting access to minors,
prohibiting use or possession of firearms for security purposes at the premises, and
Page 19 28
ensuring that medical cannabis and medical cannabis products are not supplied to
unlicensed and unpermitted persons within the State and not distributed out of state.
B. In addition to any other conditions and mitigation measures required by the City
Manager, all of the following conditions shall apply to all permits for medical cannabis
cultivation:
1. The owner and permittees shall allow access to cultivation sites and access to
records if requested by the City, its officers, or agents, and shall pay for an annual
inspection in an amount to be determined by City Council resolution and submit to
inspections from the City or its officers to verify compliance with all relevant rules,
regulations, and conditions.
2. The applicant, owner, and permittees agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine compliance
with this Chapter by any enforcement officer of the City or their designee.
3. The applicant for the cultivation and the owner shall indemnify, defend, and hold
the City harmless from any and all claims and proceedings relating to the approval of the
permit or relating to any damage to property or persons stemming from the commercial
medical cannabis activity.
4. The owner shall be responsible for ensuring that all commercial medical
cannabis activities at the site operate in good standing with all permits and licenses
required by the City of Palm Springs Code and State law. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting commercial
medical cannabis activities at the site who do not maintain permits or licenses in good
standing with the City or State shall be grounds for the suspension or revocation of the
permit pursuant to this Chapter.
6. The cultivation activities shall be maintained in accordance with the operating
plans as approved by the City.
Section 5.45.097. Required Findings and Conditions for Manufacturing.
A. A permit for medical cannabis manufacturing shall not be granted by the City Manager
unless all of the following findings are made based on substantial evidence:
1. The manufacturing facility, as proposed, will comply with all of the requirements
of the State and City for the medical cannabis manufacturing.
2. The manufacturing facility complies with the locational requirements of the
Zoning Ordinance.
3. The manufacturing, as approved and conditioned, will not result in significant
unavoidable impacts on the environment.
4. The manufacturing includes adequate quality control measures to ensure
medical cannabis manufactured at the site meets industry standards.
5. The manufacturing facility does not pose a significant threat to the public or to
neighboring uses from explosion or from the release of harmful gases, liquids, or
substances.
Page 20 29
6. The manufacturing operations plan includes adequate measures that address the
federal enforcement priorities for cannabis activities including providing restrictions on
access to minors, prohibiting use or possession of firearms for security purposes at the
premises, and ensuring that medical cannabis and medical cannabis products are
obtained from and supplied only to other permitted licensed sources within the State.
D. In addition to any other conditions and mitigation measures required by the City
Manager, all of the following conditions shall apply to all permits for medical cannabis
manufacturing:
1. The owner and permittees shall allow access to the facility and access to records
if requested by the City, its officers, or agents, and shall pay for an annual inspection
and submit to inspections from the City or its officers to verify compliance with all
relevant rules, regulations, and conditions.
2. The applicant, owner, and permittees agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine compliance
with this Chapter from any enforcement officer of the City or their designee.
3. The applicant and permitees for the manufacturing facility and the owner shall
indemnify, defend, and hold the City harmless from any and all claims and proceedings
relating to the approval of the permit or relating to any damage to property or persons
stemming from the commercial medical cannabis activity.
4. The owner shall be responsible for ensuring that all commercial medical
cannabis activities at the site operate in good standing with all permits and licenses
required by the City of Palm Springs Code and State law. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting commercial
medical cannabis activities at the site who do not maintain permits or licenses in good
standing with the City or State shall be grounds for the suspension or revocation of a
permit pursuant to this Chapter..
5. The manufacturing facilities and activities shall be maintained in accordance with
the operating plans approved by the City.
Section 5.45.098. Required Findings and Conditions for Testing Facilities.
A. A permit for a medical cannabis testing facility shall not be granted by the City Manager
unless all of the following findings are made based on substantial evidence:
1. The testing facility, as proposed, will comply with all of the requirements of the
State and City for the medical cannabis manufacturing.
2. The testing facility complies with the locational requirements of the Zoning
Ordinance.
3. The medical cannabis testing, as approved and conditioned, will not result in
significant unavoidable impacts on the environment.
4. The owners, permittees, operators, and employees of the testing facility will not
be associated with any other form of commercial medical cannabis activity.
5. The testing facility is accredited by an appropriate accrediting agency.
Page 21 30
6. Plans for the testing facility demonstrate proper protocols and procedures for
statistically valid sampling methods and accurate certification of medical cannabis and
medical cannabis products for potency, purity, pesticide residual levels, mold, and other
contaminants according to adopted industry standards.
B. In addition to any other conditions and mitigation measures required by the City
Manager, all of the following conditions shall apply to all permits for a medical cannabis testing
facility:
1. The owner and permittees of the testing facility shall allow access to the facility
and access to records if requested by the City, its officers, or agents, and shall pay for
an annual inspection and submit to inspections from the City or its officers to verify
compliance with all relevant rules, regulations, and conditions.
2. The applicant, owner, and permittees agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine compliance
with this Chapter from any enforcement officer of the City or their designee.
3. The applicant for the testing facility and the owner shall indemnify, defend, and
hold the City harmless from any and all claims and proceedings relating to the approval
of the permit or relating to any damage to property or persons stemming from the
commercial medical cannabis activity.
4. The owner shall be responsible for ensuring that all commercial medical
cannabis activities at the site operate in good standing with all permits and licenses
required by the City of Palm Springs Code and State law. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting commercial
medical cannabis activities at the site who do not maintain permits or licenses in good
standing with the City or State shall be grounds for the suspension or revocation of a
permit pursuant to this Chapter.
5. The testing facilities and related activities shall be maintained in accordance with
the operating plans approved by the City.
Section 5.45.099. Required Findings and Conditions for Transportation and
Distribution Facilities.
A. A permit for medical cannabis transportation and distribution facility shall not be granted
by the City Manager unless all of the following findings are made based on substantial
evidence:
1. The transportation and distribution facility, as proposed, will comply with all of the
requirements of the State and City for the medical cannabis transportation and
distribution.
2. The transportation and distribution facility complies with the Iocational
requirements of the Zoning Ordinance.
3. The medical cannabis transportation and distribution as approved and
conditioned, will not result in significant unavoidable impacts on the environment.
Page 22 31
4. Plans for the distribution facility demonstrate proper protocols and procedures
that address the federal enforcement priorities for cannabis activities including providing
restrictions on access to minors, prohibiting use or possession of firearms for security
purposes at the premises, and ensuring that medical cannabis and medical cannabis
products are obtained from and supplied only to other permitted licensed sources within
the State.
B. In addition to any other conditions and mitigation measures required by the City
Manager, all of the following conditions shall apply to all permits for a medical cannabis
transportation and distribution facility:
1. The owner and permittees of the transportation and distribution facility shall allow
access to the facility and access to records if requested by the City, its officers, or
agents, and shall pay for an annual inspection and submit to inspections from the City or
its officers to verify compliance with all relevant rules, regulations, and conditions.
2. The applicant, owner, and permittees agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine compliance
with this Chapter from any enforcement officer of the City or their designee.
3. The applicant for the transportation and distribution facility and the owner shall
indemnify, defend, and hold the City harmless from any and all claims and proceedings
relating to the approval of the permit or relating to any damage to property or persons
stemming from the commercial medical cannabis activity.
4. The owner shall be responsible for ensuring that all commercial medical
cannabis activities at the site operate in good standing with permits and licenses
required by the City of Palm Springs Code and State law. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting commercial
medical cannabis activities at the site who do not maintain permits or licenses in good
standing with the City or State shall be grounds for the modification or revocation of a
permit pursuant to this Chapter.
6. The transportation and distribution facilities and activities shall be maintained in
accordance with the operating plans approved by the City.
Section 5.45.100. Commercial Medical Cannabis Permit Renewals.
A. Each commercial medical cannabis permit shall expire one year after the date of its
issuance. Any permit may be renewed by the City Manager upon the submission of a renewal
application by the permittee and upon determination by the City Manager that the applicant
meets the standards for grant of application as provided in this Chapter. At the time of
consideration of a renewal application, the City Manager shall consider compliance with
conditions in the prior term.
B. Any application for renewal shall be filed with the City Manager at least thirty (30)
calendar days before expiration of the permit. If any of the documentation and information
supplied by the applicant pursuant to Section 5.45.080 has changed since the grant of the
permit, applicant shall submit updated information and documentation with the application for
renewal and shall provide such other information as the Director of Planning may require.
C. Any application for renewal shall be denied if:
Page 23 32
1. The application is filed fewer than thirty (30) calendar days before its expiration;
2. The permittee fails to conform to the criteria set forth in this Chapter;
3. The permittee is delinquent in payment of City taxes on commercial cannabis
activity; or
4. The permit is suspended or revoked at the time of the application-
D. If a renewal application is denied, an applicant may file a new application pursuant to
this Chapter.
E. An application for renewal shall be not be deemed complete until all application fees
have been paid.
F. If the City Manager intends to deny the renewal, the City Manager shall specify in writing
the reasons for the denial of the renewal, and notify the permittee that the decision shall
become final unless the permittee seeks an appeal pursuant to Chapter 2.05 of this Code within
ten (10) calendar days of the date of service of the City Manager's decision. Service of the
decision shall be provided in accordance with the requirements set forth in Chapter 2.05 of this
Code.
Section 5.45.110 Compliance with Laws.
It is the responsibility of the owners and operators of the medical cannabis business to ensure
that it is, at all times, operating in a manner compliant with all applicable state and local laws,
and any regulations promulgated thereunder. Nothing in this Chapter shall be construed as
authorizing any actions which violate state law or local law with respect to the operation of a
medical cannabis business. It shall be the responsibility of the owners and the operators of the
medical cannabis business to ensure that the medical cannabis business is, at all times,
operating in a manner compliant with all applicable state and local laws, the 2008 Attorney
General Guidelines, any subsequently enacted state law or regulatory, licensing, or certification
requirements, and any specific, additional operating procedures or requirements which may be
imposed as conditions of approval of the medical cannabis business permit. Nothing in this
Chapter shall be construed as authorizing any actions which violate state law with regard to the
operation of a medical cannabis business.
Section 5,45.120. Fees and Charges.
A. No person may commence or continue any medical cannabis activity in the City, without
timely paying in full all fees and charges required for the operation of a medical cannabis
activity. Fees and charges associated with the operation of a medical cannabis activity shall be
established by resolution of the City Council to recover the cost of administration of this Chapter
and may be amended from time to time. Permit applicants and permittees are responsible for
the costs of inspections, investigations, and any other fee-associated activity established
pursuant to this Chapter.
B. All medical cannabis businesses authorized to operate under this Chapter shall pay all
sales, use, business and other applicable taxes, and all license, registration, and other fees
required under federal, state and local law. Each medical cannabis businesses shall cooperate
with City with respect to any reasonable request to audit the medical cannabis business' books
and records for the purpose of verifying compliance with this section, including but not limited to
a verification of the amount of taxes required to be paid during any period.
Section 5.45.130. Transfers of Commercial Medical Cannabis Permits.
Page 24 33
A. No person shall operate a medical cannabis business at any location other than the
location specifically authorized and identified on the City issued medical cannabis business
permit.
B. Transfer, conveyance, or sale of any or all ownership interests or control of a medical
cannabis business or transfer any medical cannabis business permit issued under this Chapter
may only be made to a person who has applied for and has been issued a medical cannabis
permit or permits pursuant to the provisions of this Chapter and is otherwise fully qualified to
operate a medical business in the City and approved by the City Manager. Any attempt to
transfer medical cannabis business permit or an ownership interest in a medical cannabis
business in violation of this Section shall render the medical cannabis business permit for the
medical cannabis business and all rights to operate such business in the City void.
C. A commercial medical cannabis permit is issued to and covers only the permittee
identified on the permit with respect to the premises identified on the permit. The commercial
medical cannabis permit does not run with the land.
D. In any situation where a permit has been lost as a result of an attempted transfer of the
medical cannabis business permit or of the medical cannabis business, or as a result of the
abandonment or revocation of the permit, any new permit shall be issued using the standard
process for the issuance of permits in the first instance. No preference shall be given to any
person proposed as new owner or assignee by the former permit holder.
Section 5.45.140. Requirements Before Permittee May Commence Operations.
A. Prior to commencing operations a medical cannabis business shall obtain a City of Palm
Springs business license.
B. Prior to commencing operations, a medical cannabis business shall be subject to a
mandatory building inspection and must obtain all required permits and approvals which would
otherwise be required for any business of the same size and intensity operating in that zone.
This includes but is not limited to obtaining any required building permit(s), fire department
approvals, County of Riverside Health Department approvals. and other zoning and land use
permit(s) and approvals.
C. Certification from Director of Planning Services. Prior to commencing operations, a
medical cannabis business must obtain a certification from the Director of Planning Services
certifying that the business is located on a site that meets all of the requirements of the City's
Zoning Ordinance.
D. As a condition precedent to the City's issuance of a medical cannabis business permit
pursuant to this Chapter, any person intending to open and operate a medical cannabis
business shall provide sufficient evidence of the legal right to occupy and to use the proposed
location. In the event the proposed location will be leased from another person, the applicant
shall provide a signed and notarized statement from the owner of the property, acknowledging
that the property owner has read this Chapter and consents to the operation of the medical
cannabis business on the owner's property.
E. To the fullest extent permitted by law, the City of Palm Springs shall not assume any
liability whatsoever with respect to having issued a medical cannabis business permit pursuant
to this Chapter or otherwise approving the operation of any medical cannabis business. As a
condition to the approval of any medical cannabis business permit, the applicant shall enter into
Page 25 34
a written agreement or agreements, in a form approved by the City Attorney before any medical
cannabis business permit regarding the following:
1. Applicant shall agree to indemnify, defend (at applicant's sole cost and expense),
and hold the City of Palm Springs, and its officers, officials, employees, representatives,
and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or
losses which arise out of, or which are in any way related to, the City's issuance of the
medical cannabis business permit, the City's decision to approve the operation of the
medical cannabis business or activity, to process used by the City in making its decision,
or the alleged violation of any federal, state or local laws by the medical cannabis
business or any of its officers, employees or agents.
2. Maintain insurance at coverage limits, and with conditions thereon determined
necessary and appropriate from time to time by the City Manager.
3. Reimburse the City of Palm Springs for all costs and expenses, including but not
limited to attorney fees and costs and court costs, which the City of Palm Springs may
be required to pay as a result of any legal action of any kind related to the applicant's
medical cannabis business permit, or related in any way any activity of the applicant in
conjunction with the operation of the any medical cannabis activity. The City of Palm
Springs may, at its sole discretion, participate at its own expense in the defense of any
such action, but such participation shall not relieve any of the obligations imposed
hereunder.
4. Applicant shall keep the City and law enforcement updated with the names,
addresses, and relevant criminal histories of all employees, facility managers, and other
relevant parties for the medical cannabis business at all times. Relevant criminal
histories shall include any drug-related or felony convictions, the nature of such
offenses, and the sentences received for such convictions.
5. Permits issued pursuant to this Chapter are not transferable to any third parties
except as provided in Section 5.45.120.
Section 5.43.200. Commercial Medical Cannabis Operating Requirements.
A. Throughout the term of the commercial medical cannabis permit, each permittee shall
not violate this Chapter and shall comply with all of the following:
1. It shall be a violation of this Chapter for a permittee to cultivate, process,
manufacture, test, distribute, transport, deliver, provide or allow to be provided cannabis
to any person except those persons who are qualified patients or primary caregivers who
are in possession of an identification card, or have a verifiable written recommendation
from a licensed physician for medical cannabis.
2. Each permittee of a medical cannabis business shall maintain accurate books
and records, detailing all of the revenues and expenses of the business, and all of its
assets and liabilities. On no less than an annual basis (at or before the time of the
renewal of a medical cannabis business permit issued pursuant to this Chapter), or at
any time upon reasonable request of the City, each medical cannabis business shall file
a sworn statement detailing the number of sales by the medical cannabis business
during the previous twelve month period (or shorter period based upon the timing of the
Page26 35
request), provided on a per-month basis. The statement shall also include gross sales
for each month, and all applicable taxes paid or due to be paid.
3. Each permittee of a medical cannabis business shall maintain a current register
of the names and the contact information (including the name, address, and telephone
number) of anyone owning or holding an interest in the medical cannabis business, and
separately of all the officers, managers, employees, agents and volunteers currently
employed or otherwise engaged by the medical cannabis business. The register
required by this paragraph shall be provided to the City Manager or his/her designee(s)
upon a reasonable request.
4. The permitee shall post or cause to be posted on site all required city and state
permits and licenses required to operate. Such posting shall be in a central location,
visible to the patrons, at the operating site, and in all vehicles that deliver or transport
medical marijuana.
5. Each permittee of a medical cannabis business shall maintain a record of all
persons, patients, collectives and primary caregivers served by the medical cannabis
business, for a period of no less than four (4) years.
6. Each permittee of a medical cannabis business shall maintain an inventory
control and reporting system that accurately documents the present location, amounts,
and descriptions of all cannabis and cannabis products for all stages of the growing and
production or manufacturing, laboratory testing and distribution processes until purchase
by or distribution to a qualified patient or primary caregiver.
7. Subject to any restrictions under the Health Insurance Portability and
Accountability Act (HIPPA) regulations, each medical cannabis business shall allow City
of Palm Springs officials to have access to the business's books, records, accounts,
together with any other data or documents relevant to its permitted medical cannabis
activities, for the purpose of conducting an audit or examination. Books, records,
accounts, and any and all relevant data or documents will be produced no later than
twenty-four (24) hours after receipt of the City's request, unless otherwise stipulated by
the City.
8. The permittee shall maintain clear and adequate records and documentation
demonstrating that all cannabis or cannabis products have been obtained from and are
provided to other permitted and licensed cannabis operations. The City shall have the
right to examine, monitor, and audit such records and documentation, which shall be
made available to the City upon request.
9. All medical cannabis manufacturing facilities shall operate within a legal structure
that is compliant with all applicable State and local laws.
10. All medical cannabis businesses must pay all applicable sales taxes and fees
pursuant to all federal, State, and local laws and the owner and/or operator shall not be
delinquent in the payment of such taxes and fees.
11. On-site smoking, ingestion, or consumption of cannabis or alcohol shall be
prohibited on the premises of all medical cannabis manufacturing facilities. The term
"premises" as used in this Subsection includes the actual medical cannabis
manufacturing building, as well as any accessory structures and parking areas. The
medical cannabis manufacturing facility building entrance shall be clearly and legibly
posted with a notice indicating that smoking, ingesting, or consuming cannabis or
alcohol on the premises or in the vicinity of the facility is prohibited.
Page 27 36
12. Signage for all medical cannabis manufacturing facilities shall be limited to name
of business only, shall be in compliance with the City's sign code, and shall contain no
advertising of any companies, brands, products, goods, or services. Signage shall not
include any drug-related symbols.
13. Alcoholic beverages shall not be sold, stored, distributed, or consumed on the
premises. Medical cannabis manufacturing facilities shall not hold or maintain a license
from the State Department of Alcohol Beverage Control to sell alcoholic beverages, or
operate a business that sells alcoholic beverages. In addition, alcoholic beverages shall
not be provided, stored, kept, located, sold, dispensed, or used on the premises of any
medical cannabis manufacturing facility.
14. Physician services shall not be provided on the premises. "Physician services"
includes without limitation the evaluation of patients for the issuance of a medical
marijuana recommendation or card. "Physician services" does not include social
services, including counseling, help with housing and meals, hospice, and other care
referrals which may be provided on site.
15. The building in which any medical cannabis business facility is located, as well as
the operations as conducted therein, shall fully comply with all applicable rules,
regulations, and laws including, but not limited to, zoning and building codes, the City's
business license ordinances, the Revenue and Taxation Code, the Americans with
Disabilities Act, and the MCRSA. Compliance with all requirements of State law
pertaining to medical cannabis manufacturing is also required.
16. The canopy area of medical cannabis located at any premises shall not exceed
the maximum canopy limits set by State law and the limits set forth in City's use permit
issued pursuant to Title 20 or Title 21 of the Palm Springs Municipal Code. The
commercial medical cannabis permit shall specify the canopy limit allowed by the permit.
17. No person who is less than eighteen (18) years of age may be employed or
otherwise engaged in the operation of the permittee. No person under the age of
eighteen (18) shall be allowed on the premises.
18. Reserved.
19. Odor prevention devices and techniques, such as a ventilation system with a
carbon filter, shall be incorporated to ensure that odors from cannabis are not detectable
off site.
20. No medical cannabis or medical cannabis products, or graphics depicting
cannabis or cannabis products shall be visible from the exterior of the premises.
21, All medical cannabis and medical cannabis products shall be stored in a secured
and locked safe room, safe or vault, and in a manner to prevent diversion, theft, and
loss, except for limited amounts of cannabis used for display purposes, samples or
immediate sale.
22. Each permittee shall be responsible and liable for safety and security in and
around the commercial medical cannabis operation, and shall provide adequate security
on the premises, including lighting and alarms, to ensure the safety of persons and to
protect the premises from theft and other crimes. Each permittee shall install and
maintain in proper working order, video monitoring equipment capable of providing
surveillance of both interior and exterior areas of the permitted establishment. Each
permittee shall maintain such surveillance video tapes for a period of at least thirty (30)
days and shall make such videotapes available to the City upon demand.
Page 28 37
23. Reserved.
24. Each permittee shall provide the City Manager with the name, telephone number,
facsimile number, and e-mail address of a community relations contact to whom the
public can provide notice of problems associated with the commercial medical cannabis
operation. The permittee shall make a good faith effort to resolve problems without the
need for intervention by the City.
25. Any new supervisors, employees or other persons otherwise engaged in the
operation of the commercial medical cannabis operation must submit their information to
the City Manager within ten (10) days prior to their new ownership, employment or
engagement, including fingerprints and other necessary information for a criminal
background check.
26. No supervisor, employee, or other persons otherwise engaged in the operation of
the commercial medical cannabis operation may have been convicted of a felony or a
drug related misdemeanor reclassified by Section 1170.18 of the California Penal Code
(Proposition 47) within the past ten (10) years. A conviction within the meaning of this
Section means a plea or verdict of guilty or a conviction following a plea of nolo
contendere.
27. The property owner(s) who own(s) the premises where the commercial cannabis
operation is located must at all times have all necessary land use entitlements that run
with the land as required by this Code and the land use entitlements must be operative.
28. When applicable, the permittee must legally hold all required State licenses
under the Medical Marijuana Regulation and Safety Act (Business and Professions Code
Section 19300 of seq.), as it may be amended, and under all other applicable State laws.
29. The permittee shall comply with all required city permits, state licenses, city
regulations, and state laws and regulations, including without limitation, City building,
zoning, and health codes. The owner shall be responsible for the payment of all
required inspection fees, permit fees, and taxes. with all applicable Federal, State and
local laws, ordinances and regulations.
30, No permittee shall display upon or in proximity to, or referring to the location or
premises of the medical cannabis facility, use, publish, or exhibit, or permit to be used,
or published, any sign, advertisement, display, notice, symbol ,or other device which
uses misleading, deceptive, or false advertising. No permittee shall falsely represent,
claim, or advertise the content, nature, quality, attributes, or effects of any product or
service provided by, or on the premises of, the commercial cannabis operation.
B. A permittee shall comply with the following cultivation, manufacture, waste, and storage
requirements:
1. Each permittee must follow all pesticide use requirements of local, State and
Federal law.
2. Each permittee must maintain all weighing devices in compliance with local,
State or Federal law and comply with Chapter 7.60 of the Palm Springs Municipal Code
regarding device registration with the City.
3. Each permittee must follow all local, State and Federal requirements for waste
disposal.
4. In no case shall any hazardous, flammable or explosive substances be used to
process or manufacture cannabis products on site.
Page 29 38
5. Pesticides and fertilizers shall be properly labeled and stored to avoid
contamination through erosion, leakage, or inadvertent damage from rodents, pests, or
wildlife.
6. All food products, food storage facilities, food-related utensils, equipment and
materials shall be approved, used, managed and handled in accordance with Sections
1 1 3700-1 1 4437 of the California Health and Safety Code, and California Retail Food
Code. All food products shall be protected from contamination at all times, and all food
handlers must be clean, in good health and free from communicable diseases.
7. Baked products (e.g., brownies, bars, cookies, etc.), tinctures, and other non-
refrigerated type items may be sold or distributed at a medical cannabis business.
C. At any time and without notice, City officials may enter the premises for the purpose of
observing compliance of the commercial medical cannabis operation with this Section, including
access to and inspection of the commercial medical cannabis operation's records, books,
accounts, financial data, and any and all data relevant to its permitted activities for the purpose
of conducting an audit or examination.
D. It is unlawful for any person having any responsibility over a commercial medical
cannabis operation to refuse to allow, impede, obstruct, or interfere with an inspection, or the
review of the copying of records and monitoring (including recordings) including, but not limited
to, the concealment, destruction, and falsification of any recordings or records.
Section 5.45.205. Miscellaneous Operating Requirements.
A. Additional Requirements for Dispensaries.
1. Dispensaries shall be located only in zoning districts that specifically provide for
this use.
2. Dispensaries shall implement and maintain sufficient security measures to both
deter and prevent unauthorized entrance into areas containing cannabis or cannabis
products in compliance with Section 19334 of the California Business and Professions
Code and any rules promulgated by the licensing authority. Security measures shall
include, but are not limited to, the following:
a. Prevent individuals from loitering on the premises of the dispensary if they
are not engaging in activity expressly related to the operations of the dispensary;
b. Establish limited access areas accessible only to authorized dispensary
personnel;
C. Store all cannabis and cannabis products in a secured and locked safe
room, safe, or vault, and in a manner as to prevent diversion, theft, and loss,
except for limited amounts of cannabis and cannabis products used for display
purposes, samples or immediate sale;
d. Install security cameras on site; and
e. Provide for on-site security personnel meeting the requirements and
standards contained within Chapter 5.52 of the Palm Springs Municipal Code.
On-site security shall not carry firearms or other lethal weapons.
3. If the dispensary operations are proposed to include delivery, all employees of a
dispensary delivering medical cannabis or medical cannabis products shall carry a copy
of the documentation listed below when making deliveries. This information shall be
Page 30 39
provided upon request to law enforcement officers and to employees of state and local
agencies enforcing this Chapter.
a. A copy of the dispensary's current permits, licenses, and entitlements
authorizing them to provide delivery services;
b. The employee's government-issued identification;
C. A copy of the delivery request; and
d. Chain of custody records for all goods being delivered.
4. Dispensaries shall ensure that all cannabis and cannabis products at the
dispensary are cultivated, manufactured, transported, distributed, and tested by licensed
and permitted facilities that maintain operations in full conformance with state and local
regulations.
5. Dispensaries shall not distribute any medical cannabis or medical cannabis
product unless the medical cannabis and medical cannabis products are labeled and in
a tamper-evident package in compliance with Section 19347 of the California Business
and Professions Code and any additional rules promulgated by the licensing authority.
6. Possession or delivery of any other form of illegal drugs without proper legal
authorization shall be grounds for revocation of permits.
B. Additional Requirements for Medical Cannabis Cultivation.
1. Medical cannabis cultivation shall be located only in zoning districts that
specifically provide for this use.
2. Medical cannabis cultivation shall comply with all of the following regulations:
a. Until a program for the identification of permitted medical marijuana plants
at a cultivation site is created by the California Department of Food and
Agricultural, cultivators shall implement a City approved unique identification
protocol. Unique identifiers shall be attached at the base of each plant and shall
be traceable through the supply chain back to the cultivation site. Once a state
program has been established, all cultivation activities permitted under this
Chapter shall comply with the state requirements for unique identifiers and the
trace and track program.
b. Security measures sufficient to restrict access to only authorized
personnel and to deter trespass and theft of medical cannabis or medical
cannabis products shall be provided and maintained. If on-site security is utilized,
such on-site security shall not use or possess firearms or other lethal weapons.
C. Pesticides and fertilizers shall be properly labeled and stored to avoid
contamination through erosion, leakage, or inadvertent damage from rodents,
pests, or wildlife.
d. Water conservation measures, water capture systems, or grey water
systems shall be incorporated in medical cannabis cultivation operations in order
to minimize use of water where feasible.
e. On-site renewable energy generation shall be required for all indoor
medical cannabis cultivation activities, if feasible. Renewable energy systems
shall be designed to have a generation potential equal to or greater than one-half
of the anticipated energy demand.
Page 31 40
f. Cannabis plants shall not be visible from offsite. No visual markers
indicating that cannabis is cultivated on the site shall be visible from offsite.
g. The owner shall ensure that the total canopy size of medical cannabis
cultivated at the site does not exceed the cumulative canopy size authorized by
State law or regulation. The owner and its licensees and permittees, operating on
a site permitted pursuant to this Chapter, and with a commercial medical
cannabis permit required pursuant to this Chapter, shall ensure that the total
canopy size of cannabis cultivation does not individually exceed the amounts
authorized by City permits and State law.
C. Additional Requirements for Medical Cannabis Manufacturing.
1. Medical cannabis manufacturing shall be located only in zoning districts that
specifically provide for this use.
2. Regulations. Medical cannabis manufacturing shall comply with all of the
following regulations:
a. The manufacturing of food or other products infused with or which
otherwise contain cannabis may be manufactured within the appropriate
manufacturing zoning districts subject to the regulations set forth in this Chapter,
and subject to whatever additional regulations may be promulgated hereunder by
an ordinance or resolution of the City Council. Except as otherwise provided in
this Chapter, all cannabis manufacturing within the City is prohibited.
b. Medical cannabis manufacturing is a use permitted subject to a land use
permit only on properties within specific zone districts as expressly provided in
the City's Zoning Code.
C. Medical cannabis manufacturing facilities may be located within the same
building or structure as an indoor medical cannabis cultivation facility only if the
medical cannabis manufacturing facility is located in separate rooms of the
building or structure, and only if the medical cannabis manufacturing facility has
its own separate entrance into the building or structure.
d. Subject to the further requirements of this Section, only State
manufacturer license classification type 6 level 1 will be allowed to operate in the
City using nonvolatile solvents in accordance with the MCRSA and Business and
Professions Code Sections 19300.7 and 19341. The Health Official shall
determine if manufacturing operations are "volatile."
e. All cannabis manufacturing operations shall ensure that cannabis is
obtained from permitted and licensed cultivation sources and shall implement
best practices to ensure that all manufactured cannabis products are properly
stored, labeled, transported, and inspected prior to distribution at a legally
permitted and licensed dispensary.
f. Security measures sufficient to restrict access to only authorized
personnel and to deter trespass and theft of medical cannabis or medical
cannabis products shall be provided and maintained. Security measures shall
include, but are not limited to, the following:
i. Prevent individuals from loitering on the premises of the
manufacturing facility if they are not engaging in activity expressly related
to the operations of the manufacturing facility,
Page 32 41
ii. Store all cannabis and cannabis products in a secured and locked
safe room, safe, or vault, and in a manner as to prevent diversion, theft,
and loss;
iii. Install security cameras on site; and
iv. Provide for on-site security personnel meeting the requirements
and standards contained within Chapter 5.52 of the Palm Springs
Municipal Code. On-site security shall not use or possess firearms or
other lethal weapons.
g. Any employees of a medical cannabis manufacturing facility operating
potentially hazardous equipment shall be trained on the proper use of equipment
and on the proper hazard response protocols in the event of equipment failure. In
addition, employees handling edible cannabis products or ingredients shall be
trained on proper food safety practices.
h. Medical cannabis manufacturing is allowed only within fully enclosed and
secure structures that are inaccessible to minors.
i. Medical cannabis manufacturing shall not exceed the square footage
authorized pursuant to the Land Use Permit.
j. From any public right-of-way, there shall be no visible exterior evidence of
any medical cannabis manufacturing activity.
k. Medical cannabis manufacturing shall not adversely affect the health or
safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic,
vibration, or other impacts, and shall not be hazardous due to use or storage of
materials, processes, products, or wastes.
I. All medical cannabis manufacturing facilities shall fully comply with all of the
applicable restrictions and mandates set forth in State law. All medical cannabis
manufacturing facilities shall comply with all size requirements for such facilities
as imposed by State law. Medical cannabis manufacturing facilities shall not
engage in any activities not allowed by medical cannabis manufacturing facilities
pursuant to State law. All medical cannabis manufacturing facilities shall comply
with all horticultural, labeling, processing, and other standards required by State
law.
m. There is no set restriction on the hours of operation of medical cannabis
manufacturing facilities; however, restricted hours of operation may be
established as a condition of approval of the manufacturing permit or the
applicable Land Use Permit.
n. Medical cannabis manufacturing facilities shall not distribute, sell,
dispense, or administer cannabis from the facility to the public. Medical cannabis
manufacturing facilities shall not be operated as medical cannabis dispensaries.
o. The operators of all medical cannabis manufacturing facilities shall
provide the City Manager with the name, phone number, facsimile number, and
email address of an on-site representative to whom the City and the public can
provide notice if there are any operational problems associated with the medical
cannabis manufacturing facility. All medical cannabis manufacturing facilities
shall make every good faith effort to encourage residents and the public to call
Page 33 42
this representative to resolve any operational problems before any calls or
complaints are made to the City or law enforcement.
P. All finished products produced by a medical cannabis manufacturing
facility must be labeled in compliance with the MCRSA, Business and Profession
Code Section 19347, and the labeling requirements outlined by the State
Department of Public Health.
q. All finished products produced by a medical cannabis manufacturing
facility must be packaged in child resistant containers prior to leaving the facility
or becoming commercially available in accordance with the MCRSA, Business
and Profession Code Section 19347, the State Department of Public Health
regulations, and other applicable State laws.
r. All batches of final cannabis products must be tested by a qualified third
party testing facility prior to distribution to a dispensary as required by the
MCRSA, Business and Professions Code Sections 19326, 19341, and 19342,
and the State Department of Public Health regulations.
S. Medical cannabis manufacturing facilities shall only use nonvolatile
solvents that have been approved by the State Department of Public Health for
medical cannabis level 1 manufacturing. Until such time as any such nonvolatile
solvents are approved by the State Department of Public Health for medical
cannabis level 1 manufacturing, medical cannabis manufacturing facilities shall
only use nonvolatile solvents that have been approved by the Food and Drug
Administration for the processing and preparation of botanical dietary
supplements or food grade products.
t. All processing and analytical testing devises used for medical cannabis
manufacturing facilities must be UL listed, or otherwise approved for the intended
use by the City's Building Official or the Fire Department. Any processing devices
using only non-pressurized water are exempt from such approval.
U. Unless otherwise prohibited, all processing devices used by a medical
cannabis manufacturing facility that utilize hydrocarbons or otherwise flammable
solvents must operate in a closed loop, or in such a way that all solvent material
is recovered in the process. All hazardous material must be disposed of in a
manner which is compliant with all local, State, and federal guidelines for the
disposal of hazardous materials.
D. Additional Requirements for Medical Cannabis Testing Facilities.
1. Medical cannabis testing facilities shall be located only in zoning districts that
specifically provide for this use.
2. Medical cannabis testing facilities shall comply with all of the following
regulations:
a. Medical cannabis testing facilities shall be located only in zoning districts
that specifically provide for this use.
b. Medical cannabis testing facilities shall be independent from all other
persons and entities involved in the medical cannabis industry.
C. Security measures sufficient to restrict access to only authorized
personnel and to deter trespass and theft of medical cannabis or medical
Page 34 43
cannabis products shall be provided and maintained. Security measures shall
include, but are not limited to, the following:
i. Prevent individuals from loitering on the premises of the testing
facility if they are not engaging in activity expressly related to the
operations of the testing facility;
ii. Store all cannabis and cannabis products in a secured and locked
safe room, safe, or vault, and in a manner as to prevent diversion, theft,
and loss;
iii. Install security cameras on site; and
iv. Provide for on-site security personnel meeting the requirements
and standards contained within Chapter 5.52 of the City of Palm Springs
Code. On-site security shall not use or possess firearms or other lethal
weapons.
d. Medical cannabis testing facilities shall adopt standard operating
procedures using methods consistent with general requirements for the
competence of testing and calibration activities, including sampling, using
standard methods established by the International Organization for
Standardization, specifically ISO/IEC 17020 and ISO/IEC 17025 to test medical
cannabis and medical cannabis products that are approved by an accrediting
body that is a signatory to the International Laboratory Accreditation Cooperation
Mutual Recognition Arrangement.
e. Medical cannabis testing facilities shall obtain samples for testing
according to a statistically valid sampling method.
f. Medical cannabis testing facilities shall analyze samples according to
either the most current version of the cannabis inflorescence monograph
published by the American Herbal Pharmacopoeia or a scientifically valid
methodology that is demonstrably equal or superior to the most recent cannabis
inflorescence monograph.
g. If a test result falls outside the specifications authorized by law or
regulation, the medical cannabis testing facility shall follow a standard operating
procedure to confirm or refute the original result.
h. Medical cannabis testing facilities shall destroy the remains of any
samples of medical cannabis or medical cannabis product tested upon
completion of the analysis.
i. A licensed testing laboratory shall issue a certificate of analysis for each
lot, with supporting data, to report both of the following:
i. Whether the chemical profile of the lot conforms to the
specifications of the lot for compounds, including, but not limited to, all of
the following:
(1) Tetrahydrocannabinol (THC).
(2) Tetrahydrocannabinolic Acid (THCA).
(3) Cannabidiol (CBD).
(4) Cannabidiolic Acid (CBDA).
Page 35 4 4
(5) The terpenes described in the most current version of the
cannabis inflorescence monograph published by the
American Herbal Pharmacopoeia.
(6) Cannabigerol (CBG).
(7) Cannabinol (CBN).
(8) Any other compounds required by the Department of
Public Health.
ii. That the presence of contaminants does not exceed the levels
that are the lesser of either the most current version of the American
Herbal Pharmacopoeia monograph or those set by the California
Department of Public Health. For purposes of this paragraph,
contaminants include, but are not limited to, all of the following:
(1) Residual solvent or processing chemicals.
(2) Foreign material, including, but not limited to, hair, insects,
or similar or related adulterant.
(3) Microbiological impurity, including total aerobic microbial
count, total yeast mold count, P. aeruginosa, aspergillus
spp., s. aureus, aflatoxin B1, B2, G1, or G2, or ochratoxin
A.
(4) Whether the batch is within specifications for odor and
appearance.
E. Additional Requirements for Medical Cannabis Transportation and Distribution.
1. Medical cannabis transportation and distribution facilities shall be located only in
zoning districts that specifically provide for this use.
2. Medical cannabis transportation and distribution facilities shall comply with all of
the following requirements.
a. Medical cannabis and medical cannabis products shall only be
transported between permitted and licensed commercial medical cannabis
operations.
b. Prior to transporting medical cannabis or medical cannabis products, the
transporter shall complete an electronic shipping manifest. The shipping manifest
shall include the unique identifier information from the cultivation source.
C. A physical copy of the shipping manifest shall be maintained during
transportation and shall be made available upon request to law enforcement or
any agents of the State or City charged with enforcement of this Chapter.
d. Distribution facilities shall maintain appropriate records of transactions
and shipping manifests. An organized and clean method of storing and
transporting medical cannabis and medical cannabis products shall be provided
to maintain a clear chain of custody.
e. Security measures sufficient to restrict access to only authorized
personnel and to deter trespass and theft of medical cannabis or medical
cannabis products shall be provided and maintained. Security measures at
distribution facilities shall include, but are not limited to, the following:
Page 36 45
i. Prevent individuals from loitering on the premises of the
distribution facility if they are not engaging in activity expressly related to
the operations of the distribution facility;
ii. Store all cannabis and cannabis products in a secured and locked
safe room, safe, or vault, and in a manner as to prevent diversion, theft,
and loss;
iii. Install security cameras on site; and
iv. Provide for on-site security personnel meeting the requirements
and standards contained within Chapter 5.52 of the City of Palm Springs
Code. On-site security shall not use or possess firearms or other lethal
weapons.
f. Distributors shall ensure that appropriate samples of medical cannabis or
medical cannabis products are tested by a licensed testing facility prior to
distribution.
g. Prior to distribution, the distributor shall inspect medical cannabis or
medical cannabis products for quality assurance.
h. Medical cannabis and medical cannabis products shall be packaged and
labeled in accordance with the requirements of state law.
i. Alternative fuel vehicles shall be provided as part of a medical cannabis
transportation fleet.
Section 5.45.210. Security Measures
A. A permitted medical cannabis business shall implement sufficient security measures to
deter and prevent the unauthorized entrance into areas containing medical cannabis or medical
cannabis products, and to deter and prevent the theft of medical cannabis or medical cannabis
products at the medical cannabis business. Except as may otherwise be determined by the City
Manager or his/her designee(s), these security measures shall include, but shall not be limited
to, all of the following:
1. Preventing individuals from remaining on the premises of the medical cannabis
business if they are not engaging in an activity directly related to the permitted
operations of the medical cannabis business.
2. Establishing limited access areas accessible only to authorized medical cannabis
business personnel.
3. Except for live growing plants which are being cultivated at a cultivation facility,
all medical cannabis and medical cannabis products shall be stored in a secured and
locked room, safe, or vault. All medical cannabis and medical cannabis products,
including live plants which are being cultivated, shall be kept in a manner as to prevent
diversion, theft, and loss, except for limited amounts of cannabis used for display
purposes or for immediate sale at a dispensary.
4. Installing 24-hour security surveillance cameras and used in an on-going
manner with at least two hundred and forty (240) concurrent hours of digitally recorded
documentation of at least HD-quality in a format approved by the City Manager to
monitor all entrances and exits to and from the premises, all interior spaces within the
Page 37 46
medical cannabis business which are open and accessible to the public, and all interior
spaces where cannabis, cash or currency, is being stored for any period of time on a
regular basis, including cultivation areas and any other areas as determined by the City
Manager. The medical cannabis business shall be responsible for ensuring that the
security surveillance camera's footage is remotely accessible by the City Manager or
his/her designee(s), and the City's Police Department, and that it is compatible with the
City's software and hardware. In addition, remote and real-time, live access to the video
footage from the cameras shall be provided to the City Manager or his/her designee(s)
and to the City's police department. Video recordings shall be maintained for a minimum
of ninety (90) days, and shall be made available to the City Manager or law enforcement
upon verbal request. No search warrant or subpoena shall be required to view recorded
materials. Any disruption in security camera images shall be cured expeditiously in good
faith.
5. Panic buttons shall be installed in all medical cannabis businesses.
6. Alarmed with an alarm system that is operated, maintained, and operated by a
reputable security company.
7. Any bars installed on the windows or the doors of the medical cannabis business
shall be installed only on the interior of the building.
8. Security personnel must be licensed by the State of California Bureau of Security
and Investigative Services personnel and shall be subject to the prior review and
approval of the City Manager or his/her designee(s), with such approval not to be
unreasonably withheld.
9. Each medical cannabis business shall have the capability to remain secure and
operational during a power outage and shall ensure that all access doors are not solely
controlled by an electronic access panel to ensure that locks are not released during a
power outage.
10. The entrances and all window areas shall be illuminated during evening hours.
The facility shall comply with the City's lighting standards regarding fixture type, wattage,
illumination levels, shielding, etcetera, and shall secure the necessary lighting approvals
and permits as needed.
11. The City Manager and law enforcement shall have the right to enter the indoor
medical marijuana cultivation facility at any time unannounced for the purpose of making
reasonable inspections to observe and enforce compliance with this Section and all laws
of the City and the State.
B. Each medical cannabis business shall identify a designated security representative or
liaison to the City of Palm Springs, who shall be reasonably available to meet with the City
Manager or his/her designee regarding any security related measures or and operational
issues.
C. As part of the application and permitting process each medical cannabis business shall
have a storage and transportation plan, which describes in detail the procedures for safely and
securely storing and transporting all cannabis, cannabis products, and any currency.
Page 38 47
D. The medical cannabis business shall cooperate with the City whenever the City Manager
or his designee makes a request, upon reasonable notice to the medical cannabis business, to
inspect or audit the effectiveness of any security plan or of any other requirement of this
Chapter.
E. A medical cannabis business shall notify the City Manager or his/her designee(s) within
twenty-four(24) hours after discovering any of the following:
1. Significant discrepancies identified during inventory. The level of significance
shall be determined by the regulations promulgated by the City Manager or his/her
designee.
2. Diversion, theft, loss, or any criminal activity involving the medical cannabis
business or any agent or employee of the medical cannabis business.
3. The loss or unauthorized alteration of records related to cannabis, registering
qualifying patients, primary caregivers, or employees or agents of the medical cannabis
business.
4. Any other breach of security.
Section 5.45.220. Packaging and Labeling Requirements.
Prior to the sale or the delivery of medical cannabis or medical cannabis product the same
shall be labeled and in a tamper-evident packaging. Labels and packages shall at least meet all
of the following minimum requirements:
A. Packages and labels shall not be made to be attractive to children.
B. Product labels shall include the following information displayed in a clear and legible
font:
1. Manufacture date and source;
2. The statement"SCHEDULE I CONTROLLED SUBSTANCE";
3. The statement "KEEP OUT OF REACH OF CHILDREN AND ANIMALS" in bold
typeface;
4. The statement "FOR MEDICAL USE ONLY";
5. The statement 'THE INTOXICATING EFFECTS OF THIS PRODUCT MAY BE
DELAYED BY UP TO TWO HOURS"; and
6. The statement 'THIS PRODUCT MAY IMPAIR THE ABILITY TO DRIVE OR
OPERATE MACHINERY. PLEASE USE EXTREME CAUTION".
C. For packages containing only dried flowers, the net weight of the cannabis in the
package.
D. A warning if nuts or other known allergens are used.
E. List of pharmacologically active ingredients including, but not limited to,
tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid content, the THC and
other cannabinoid amount in milligrams per serving, servings per package, and the THC and
other cannabinoid amount in milligrams for the package total.
F. Clear indication, in bold typeface, that the product contains cannabis,
Page 39 48
G. Identification of the source and date of cultivation and manufacture and the name and
business phone number of the permittee seller of the product.
H. Only generic food names may be used to describe edible cannabis products.
Section 5.45.400. General Authority of City Manager
A. The City Manager may delegate an act required to be performed pursuant to this Chapter
to any Code Enforcement Officer or Official of the City, including without limitation the Chief of
Police, the Fire Chief, the Building Official, the Finance Director, the City Attorney, or any
designee of such officers or officials, including day-to-day operations.
B. The City Manager or the City Manager's designees as provided in Subsection A above
shall have all the powers of any peace officer to:
1. Investigate violations or suspected violations of this Chapter, Chapter 5.35,
Chapter 3.35, and Section 93.23.15, and any other laws or regulations pertaining to
Medical Cannabis in this City, and any resolutions or regulations promulgated pursuant
to such provisions, and make arrests, with or without warrant, for any violation thereof, if,
during an officer's exercise of powers or performance of duties pursuant to such laws,
probable cause exists that a crime related to such laws has been or is being committed.
2. View, duplicate, and/or take possession of recordings made by the security
cameras shall be made available to the City Manager upon verbal request; no search
warrant or subpoena shall be needed to view the recorded materials.
3. The City Manager shall have the right to enter a medical cannabis business or
facility from time to time unannounced for the purpose of making reasonable inspections
to observe and enforce compliance with this Chapter and all laws of the City and State of
California.
4. Serve all warrants, summonses, subpoenas, administrative citations, notices or
other processes relating to the enforcement of laws regulating Medical Cannabis and
Cannabis-Infused Product.
5. Assist or aid any law enforcement officer in the performance of his or her duties
upon such law enforcement officer's request or the request of other local officials having
jurisdiction.
6. Inspect, examine, or investigate any medical cannabis business and/or facility or
any property where medical cannabis or cannabis-infused product are grown, stored,
cultivated, manufactured, tested, distributed, or sold, and any books and records in any
way connected with any permitted activity.
7. Require any Permittee, upon demand, to permit an inspection of any medical
cannabis business or facility during business hours or at any time of apparent operation,
including without limitation any cannabis equipment, and Cannabis accessories, or
books and records; and, to permit the testing of or examination of medical cannabis or
cannabis-infused product.
8. Require Applicants to submit complete and current applications and fees and
other information the City Manager deems necessary to make permitting decisions and
approve material changes made by any applicant or permittee;
9. Conduct investigations into the character, criminal history, and all other relevant
factors related to suitability of all applicants and permittees for medical cannabis permits
Page 40 49
and such other persons with a direct or indirect interest in an applicant or permittee, as
the City Manager may require; and
10. Exercise any other power or duty authorized by law.
C. Applicants and Permittees Shall Cooperate with City Manager Employees
1. Applicants and Permittees must cooperate with employees and investigators of
the City Manager who are conducting inspections or investigations relevant to the
enforcement of laws and regulations related to this Chapter.
2. No Applicant or Permittee shall by any means interfere with, obstruct or impede
the City Manager or employee or investigator of the City Manager from exercising their
duties under the provisions of this Chapter and all rules promulgated pursuant to it. This
would include, but is not limited to:
a. Threatening force or violence against an employee or investigator of the
City Manager, or otherwise endeavoring to intimidate, obstruct, or impede
employees or investigators of the City Manager, their supervisors, or any peace
officers from exercising their duties. The term "threatening force" includes the
threat of bodily harm to such individual or to a member of his or her family;
b. Denying employees or investigators of the City Manager access to a
medical cannabis business or facility during business hours or times of apparent
activity;
G. Providing false or misleading statements;
d. Providing false or misleading documents and records;
e. Failing to timely produce requested books and records required to be
maintained by the Permittee; or
f. Failing to timely respond to any other request for information made by the
City Manager in connection with an investigation of the qualifications, conduct or
compliance of an applicant or permittee.
C. Administrative Hold. To prevent destruction of evidence, diversion or other threats to
public safety, while permitting a Permittee to retain its inventory pending further investigation, a
City Manager investigator may order an administrative hold of medical cannabis or cannabis-
infused product pursuant to the following procedure:
1. If during an investigation or inspection of a permittee, the City Manager develops
reasonable grounds to believe certain medical cannabis or cannabis-infused product
constitute evidence of acts in violation of this Chapter or rules promulgated pursuant to
it, or otherwise constitute a threat to the public safety, the City Manager may issue a
notice of administrative hold of any such medical cannabis or cannabis-infused product.
The notice of administrative hold shall provide a documented description of the medical
cannabis or cannabis-infused product to be subject to the administrative hold.
2. The Permittee shall completely and physically segregate the Medical Cannabis or
Cannabis-Infused Product subject to the administrative hold in a separate area of the
Location under investigation, where it shall be safeguarded by the Permittee. Pending
the outcome of the investigation and any related disciplinary proceeding, the Permittee is
prohibited from selling, giving away, transferring, transporting, or destroying the Medical
Cannabis or Cannabis-Infused Product subject to the administrative hold.
Page 41 50
3. Following an investigation, the City Manager may lift the administrative hold, order
the continuation of the administrative hold, or seek a Final Agency Order for the
destruction of the Cannabis.
4. Any decision or action of the City Manager pursuant to this Subsection is subject
to appeal pursuant to Section 2.05 of this Code.
D. Voluntary Surrender of Medical Cannabis or Cannabis-Infused Product. A Permittee, prior
to a Final Order and upon mutual agreement with the City Manager, may elect to waive a right
to a hearing and any associated rights, and voluntarily surrender any Medical Cannabis or
Cannabis-Infused Product to the City Manager. Such voluntary surrender may require
destruction of any Medical Cannabis or Cannabis-Infused Product in the presence of a City
Manager.
Section 5.45.410. Suspension or Revocation of Commercial Medical Cannabis Permit.
A. Any of the following shall be grounds for suspension or revocation of a commercial
medical cannabis permit,
1. Failure to comply with one or more of the terms and conditions of the commercial
medical cannabis permit or applicable land use entitlement;
2. The commercial medical cannabis permit was granted on the basis of false
material information, written or oral, given willfully or negligently by the applicant;
3. Any act or omission by an owner or permittee in contravention of the provisions
of this Chapter;
4. Any act or omission by a permittee in contravention of State law or the Palm
Springs Municipal Code;
5. Any act or omission by a permittee that results in the suspension or revocation of
the applicable land use permit issued under the Zoning Ordinance for the commercial
medical cannabis activities;
6. Any act or omission by a permittee that results in the denial, revocation or
suspension of the owner's or permittee's State license;
7. An owner's or permittee's failure to take appropriate action to evict or otherwise
remove persons conducting commercial medical cannabis activities who do not maintain
the necessary permits or licenses in good standing with the City or State;
8. Possession or delivery of any other form of illegal drugs without proper legal
authorization;
9. Failure to pay applicable State or City taxes on commercial cannabis activity; or
10. Conduct of the commercial medical cannabis operations in a manner that
constitutes a nuisance, where the owner or permittee has failed to comply with
reasonable conditions to abate the nuisance.
B. The City Manager shall specify in writing the reasons for the suspension or revocation
and notify the permittee that the decision shall become final unless the permittee seeks an
appeal pursuant to Chapter 2.05 of this Code within ten (10) calendar days of the date of
service of the City Manager's decision. Service of the decision shall be provided in accordance
with the requirements set forth in Chapter 2.05 of this Code.
Page 42
C. In the event a civil action is initiated to obtain enforcement of the decision of the City
Manager or the City Council, and judgment is entered to enforce the decision, the person
against whom the order of enforcement has been entered shall be liable to pay the City's total
costs of enforcement, including reasonable attorney fees.
C. If neither permittee nor owner, nor their authorized representatives, appear at any
noticed hearing, such failure to appear shall constitute an abandonment of the hearing request
and a failure to exhaust administrative remedies.
Section 5.45.420. Service.
Wherever this Chapter requires the City to serve notice to an applicant, permittee, or
property owner such notice shall be given by the City Manager, in writing, and shall be delivered
either by personal delivery or by certified U.S. mail, postage prepaid, return receipt requested.
In addition, any such notice may be posted at the physical address of the premises on the date
of the mailing of notice.
Section 5.45.430. Enforcement and Penalties.
A. The remedies provided by this Chapter are cumulative and in addition to any other
remedies available at law or in equity.
B. It shall be unlawful for any person to violate any provision, or to fail to comply with any of
the requirements, of this Chapter. Any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Chapter shall be guilty of a misdemeanor. No
proof of knowledge, intent, or other mental state is required to establish a violation.
C. Any condition caused or allowed to exist in violation of any of the provisions of this
Chapter shall be deemed a public nuisance and shall, at the discretion of City, create a cause of
action for penalty pursuant to Chapters 1.20 and 1.22 of the Palm Springs Municipal Code, and
any other action authorized by law.
D. Each and every violation of this Chapter shall constitute a separate violation and shall be
subject to all remedies and enforcement measures authorized by the Palm Springs Municipal
Code or otherwise authorized by law. Additionally, as a public nuisance, any violation of this
Chapter shall be subject to injunctive relief, disgorgement of any payment to the City of any and
all monies unlawfully obtained, costs of abatement, costs of restoration, costs of investigation,
attorney fees, and any other relief or remedy available at law or in equity. The City may also
pursue any and all remedies and actions available and applicable under State and local laws for
any violations committed by the commercial medical cannabis operator or persons related
thereto, or associated with, the commercial medical cannabis activity.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for
any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance.
The City Council declares that it would have passed this ordinance and each and every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard
to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption
of this Ordinance and shall cause the same, or the summary thereof, to be published and
Page 43 52
posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days
after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL
THIS _ DAY OF 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
Page44 g'
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SUBSECTION C OF SECTION
93.23.15 OF THE PALM SPRINGS MUNICIPAL CODE
(PSMC) RELATING TO LOCATIONAL REQUIREMENTS
FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY.
City Attorney Summary
This Ordinance amends provisions of the City's Zoning Code
to establish additional locational requirements for Medical
Cannabis Dispensaries in the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Subsection C of Section 93.23.15 of the Palm Springs Municipal Code is
amended to read:
C. No MCCC, MCD, MCMF, or MCTF shall be established, developed, or operated
within two-hundred fifty (250) feet of Palm Canyon Drive or any residential zone
property; within five hundred (500) feet of a school, public playground or park, child care
or day care facility, of youth center. No MCD shall be established, developed, or
operated within five hundred (500) feet of another MCD or any MCCC. All distances
shall be measured in a straight line, without regard to intervening structures, from the
nearest property line of the property on which the MCCC, MCD, MCMF, MCTF is, or will
be located, and to the nearest property line of those uses described in this Subsection.
Administrative modifications for this standard may be granted by the City Council
pursuant to Section 94.06.01.B. Any MCMF in excess of ten thousand (10,000) square
feet shall operate only within the E-1 and the M-2 Zones.
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED this day of 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
5d
Ordinance No. _
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California,
do hereby certify that Ordinance No. is a full, true, and correct copy, and
was introduced at a regular meeting of the Palm Springs City Council on
and adopted at a regular meeting of the City Council held on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
55
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
Date: December 7, 2016
Subject: Amend Zoning Code for Re: Medical Cannabis, Case 5.1218-E ZTA
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, CMC, Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was published in the
Desert Sun on November 26, 2016.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynth Ar erardi, CMC
Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, CMC, Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on or before November 23, 2016.
1 declare under
penalty of perjury that the foregoing is true and correct.
Cynthia A. Berardi, CMC
Deputy City Clerk
56
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
A ZONING TEXT AMENDMENT TO AMEND THE PALM
SPRINGS ZONING CODE (PSZC) RELATING TO MEDICAL
CANNABIS DISPENSARIES, MANUFACTURING FACILITIES,
CULTIVATION FACILITIES, AND TESTING FACILITIES
CASE 5.1218-E ZTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of December 7, 2016. The City Council meeting begins at
6:00 p.m., in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider an application by the City of Palm Springs to amend
the Palm Springs Zoning Code (PSZC) to accomplish the following: Establish use categories
and allowable zoning districts for the Medical Cannabis Testing and Medical Cannabis
Manufacturing uses; establish the Medical Cannabis Dispensary use and zoning districts
where the use may be permitted; and propose minor revisions to the development standards of
the E-1 (Energy Industrial) zone to allow for cannabis cultivation, manufacturing and testing
facilities.
ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act
(CEQA) Guidelines, the proposed Zone Text Amendment has been deemed a "project." Staff
has determined that the proposed Zone Text Amendment (Case 5.1218-E) may be deemed
Categorically Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in
Land Use Limitations) of the Guidelines. The proposed Zone Text Amendment only proposes
insignificant changes to land use regulations.
REVIEW OF INFORMATION: The staff report and other supporting documents regarding this
matter are available for public review at City Hall between the hours of 8:00 a.m. and
6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at
(760) 323-8204 if you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice can be made verbally at the
Public Hearing and/or in writing before the hearing. Written comments may be made to the
City Council by email at cityclerk _palmspringsca.gov, or letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed in court may be limited to raising only those issues raised at the
public hearing described in this notice, or in written correspondence delivered to the City Clerk
at, or prior to, the public hearing. (Government Code Section 65009(b)(2)).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Flinn Fagg, Director of Planning Services, at
(760) 323-8245.
Si necesita ayuda con esta carta, porfavor flame a la Ciudad de Palm Springs y puede hablar
con Felipe Primera telefono (760) 323-8253 x 8742.
James Thompson, City Clerk 57
Cindy Berardi
From: Plantemp
Sent: Wednesday, November 23, 2016 8:24 AM
To: 'Four Seasons'
Cc: Cindy Berardi; Flinn Fagg; Douglas C. Holland
Subject: Case 5.1218-E ZTA Medical Cannabis Testing and Manufacturing - Public Hearing
Notice for City Council, Wednesday, December 7, 2016
Attachments: 5.1218-E ZTA Exe PHN CC 12072016.pdf
Good Morning:
Please find the attached Public Hearing Notice for the City Council Meeting for Wednesday, December 7, 2016 for the
proposed City Wide project.
Happy Thanksgiving!
(Best,
L4V19�
Lovely Anglin
City of Palm Springs
Planning Services Department
3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262
Tel: (760) 323-8245 Fax: (760) 323-8360
Email: plantemp@palmsprings-ca.aov
t
58
Cindy Berardi
From: Plantemp
Sent: Wednesday, November 23, 2016 8:20 AM
To: 'Palm Springs Neighborhood Representatives'; 'edcasid@dc.rr.com';
'kbpollack@aol.com'; 'nixonSF@aol.com'; 'dixmil@aol.com'; 'boblesps@dc.rr.com';
PSKyle@yahoo.com'; 'tedjanka@icloud.com'; 'riploss@OUTLOOK.com'; jgross910
@gmail.com'; 'equinerobert@gmaii.com'; 'royclark9027@mac.com';
'tony@outdoorvideopro.com'; 'pb@mcisfca.com'; 'dfreedman2@dc.rr.com';
'traeiam@aol.com'; 'morgan3809@aol.com'; 'tim@obayley.net'; 'dbarber872@aol.com';
'sipperl@me.com'; 'tbettinger@aol.com'; 'agunkel@me.com'; 'mado@mado.cnc.net';
'daviddoyle2737@aol.com'; 'joy@crystalfantasy.com'; 'psie92262@gmail.com';
jdonenfeld@sidley.com'; 'town earttx@gmaiLcom'; 'ahymowitz@sbcglobal.net';
gva lie @desertbusinessinteriors.com'; 'VicSpad55@gmail.com'; 'jimgazan@gmail.com';
kccohn45@gmail.com'; 'jerrycruz2@hotmail.com'; 'jfknla@gmail.com';
'gcgilman@gmail.com'; 'EricChiel@mac.com'; 'marla699@yahoo.com'; 'wwood8976
@msn.com'; 'jimjla956@gmail.com'
Cc: Cindy Berardi; Flinn Fagg; Douglas C. Holland
Subject: Case 5.1218-E ZTA Medical Cannabis Testing and Manufacturing - Public Hearing
Notice for City Council,Wednesday, December 7, 2016
Attachments: 5.1218-E ZTA Exe PHN CC 12072016.pdf
Good Morning:
Please find the attached Public Hearing Notice for the City Council Meeting for Wednesday, December 7, 2016 for the
proposed City Wide project.
Happy Thanksgiving!
(Best,
tlo t
Lovely Anglin
City of Palm Springs
Planning Services Department
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Tel: (760) 323-8245 Fax: (760) 323-8360
Email: plantemp@palmsprings-ca.gov
t
59
ADVERTISING INSERTION ORDER
AUTHORIZATION FORM
UN HOF
Date: 1➢l76494B— l�W l as New Account(No) Contract(Yes)(No)
Account Name. City of Palm Springs Account#: CIT050
Contact: KATHIE HART/CINDV BERARDI Phone#: 760-323-8206
Cindy.Berardip palmspri nos-ca.Goy
Fax#: Email: Kathie.Hartictipalmsprinos-ca.00v
Day Date Position Request Size Caption Color Cost
SAT 11/26/2016 PUBLIC NOTICES 3x5.5 case 5.1218 BAN-NA $462.00
Print Schedule Cost $462.00
Notes: Please sign and email scanned copy or fax back to 760-778-4528.Thanks!
Guaranteed Position: Every effort will be made to accommodate your request,however we do not guarantee a specific section or placement on a specific page.To guarantee ad placement,the ad
size must be a minimum of 31S column inches and a 25%surcharge will be added to the total cost of your ad schedule.Guaranteed positions are based on availability.
Corrections: Advertiser shall notify Desert Sun Media Group of any errors in time for correction before the second insertion. Desert Sun Media Group shall not be liable to advertiser for any loss that
results from the incorrect publication(including,without limitation,typographical errors),incorrect insertion or omission of advertiser's advertisements.
Copyright: Advertiser understands and agrees that it cannot authorize photographic or other reproduction in whole or parl,of any such advertising copy for use in any other medium without Desert
Sun Media Group's prior written consent.
Cancellations:Ads ordered or cancelled after space reservation deadline are subject to a 15%late processing fee.
I authorize Desert Sun Media Group to run the above advertising schedule, and to correspond with me via e-mail and/or fax with matters pertaining to business
affairs.This ad schedule may be cancelled or revised by the advertiser without penalty pursuant to space reservation deadline.
Order Taken By: CHARLENE MOELLER Palm Springs Office
Requested/ / /
Authorized By: KATHIE HART i f h G G1.1 Phone: 760-778-4578
I I•�� Fax 760-778-4528
Signature: �d z2
`tI Internal Use Only:.
Date: /� J��l�(�j Order# ii XX&
Coordinator ' "XXXXXXXXXXX:
r'r®
Advertising Insertion Order Authorization Form 3/1 812 0 1 3
ppLM Sn
V n
' Cq<7FO 00P
CITY COUNCIL STAFF REPORT
DATE: December 7, 2016 LEGISLATIVE
SUBJECT: PROPOSED ORDINANCES RELATING TO MEDICAL CANNABIS:
1. AMENDS PALM SPRINGS ZONING CODE (PZSC) REGARDING THE
DEVELOPMENT STANDARDS FOR MEDICAL CANNABIS FACILITIES
IN VARIOUS ZONING DISTRICTS;
2. INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 5.45 TO
THE PALM SPRINGS MUNICIPAL CODE RELATING TO MEDICAL
CANNABIS BUSINESSES IN THE CITY; AND
3. INITIATION OF AN AMENDMENT TO THE CITY'S ZONING CODE
REGARDING LOCATIONAL REQUIREMENTS FOR MEDICAL
CANNABIS DISPENSARIES IN THE CITY.
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
This agenda item involves three matters involving medical cannabis and the
implementation of the Medical Cannabis Regulation and Safety Act ("MCRSA") in the
City. The first item is the introduction of Zoning Code Text Amendment the City Council
initiated on October 19, 2016, and referred to the Planning Commission for
recommendation. The second item is the introduction of a comprehensive regulatory
ordinance that will implement MCRSA in the City and provide rules and regulations for
medical cannabis cultivation, dispensaries, manufacturing, delivery, and testing in the
City. The third matter is the initiation and referral to the Planning Commission a
proposal to provide locational requirements for medical cannabis collectives and
cooperatives under the City's current regulatory program and medical cannabis
dispensaries under MCRSA
RECOMMENDATIONS:
1. Waive the reading of the text and introduce for first reading Ordinance No. _
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTIONS 93.23.15, 92.17.2.00, AND SUBSECTION F OF SECTION 92.17.2.03 OF
THE PALM SPRINGS MUNICIPAL CODE (PSMC) RELATING TO MEDICAL
CANNABIS FACILITIES; AMENDING SECTIONS 92.15.01.C, 92.16.01.C, 92.17.01.C,
92.17.1.02, 92.17.2.00, AND 92.17.2.01.0 RELATING TO MEDICAL CANNABIS
MANUFACTURING AND MEDICAL CANNABIS TESTING FACILITIES IN THE C-M, M-
1-P, M-1, M-2, AND E-1 ZONES OF THE CITY; AND AMENDING SECTIONS
City Council Staff Report
December 7, 2016-- Page 2
Case 5.1218-E— Medical Cannabis Issues
92.14.01.A, 92.14.1.01.A, 92.15.01.A, 92.16.01.A, 92.17.01.A, 92.17.1.01.A, AND
92.18.01.A RELATING TO MEDICAL CANNABIS DISPENSARY FACILITIES IN THE
C-2, H-C, C-M, M-1-P, M-1, M-2, AND A ZONES OF THE CITY."
2. Waive the reading of the text and introduce for first reading Ordinance No. _
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 5.45 TO, AND AMENDING SECTION 5.35.100 OF, THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO MEDICAL CANNABIS BUSINESSES IN THE CITY
OF PALM SPRINGS."
3. Initiate and refer to the Planning Commission for hearing, review, and
recommendation a zone text amendment entitled " AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 93.23.15
OF THE PALM SPRINGS MUNICIPAL CODE (PSMC) RELATING TO LOCATIONAL
REQUIREMENTS FOR MEDICAL CANNABIS DISPENSARIES IN THE CITY. "
STAFF ANALYSIS:
The City currently regulates medical cannabis cooperatives or collectives through
zoning and Iocational requirements of the City's zoning code and the operational
requirements provided in Chapter 5.35 of the Palm Springs Municipal Code. Medical
cannabis cultivation under the City's current code provisions is only allowed to be
performed by City-permitted medical cannabis collectives or cooperatives. The Medical
Cannabis Regulation and Safety Act (MCRSA), adopted by the State last year, will allow
the City to approve various medical cannabis facilities that will not be restricted to non-
profit collective or cooperative operators. The City Council subcommittee has reviewed
the MCRSA and is recommending the Council consider a comprehensive regulatory
ordinance that implements MCRSA in the City. These regulations include an expansion
of cultivation opportunities and the provision of manufacturing, delivery, dispensing, and
testing activities in the City. The subcommittee has recommended amendments to the
City's zoning code necessary to accommodate these opportunities.
A. Text Amendment— Includinq MCRSA Identified Uses in Zoninq Districts
In anticipation of presentation of the comprehensive regulatory ordinance implementing
MCRSA, the City Council initiated a proposed zoning text amendment and referred it to
the Planning Commission for its review.
The Planning Commission reviewed the proposed changes at its meeting of November
9, 2016- The commissioners verified the proposed changes to the development
standards in the E-I (Energy Industrial) zone and reviewed the zoning districts where
the new medical cannabis uses would be permitted, and recommended approval of the
proposed changes. In addition, the Planning Commission recommended to the City
Council that the separation distance requirements from churches be eliminated, due to
City Council Staff Report
December 7, 2016-- Page 3
Case 5,1218-E— Medical Cannabis Issues
the increasing prevalence of church uses in commercial districts and complexes. The
draft ordinance reflects the changes proposed by the Planning Commission.
This proposed text amendment would add Medical Cannabis Dispensary, Medical
Cannabis Manufacturing Facility, and Medical Cannabis Testing Facility to the list of
permissible uses. The table below identifies the districts where the new uses would be
permitted, in addition to the zoning districts where the existing cannabis use categories
(Medical Cannabis Cooperative or Collectives and Medical Cannabis Cultivation
Facility) are currently allowed:
Facility Type C-2 HC C-M M-1- M-1 M-2 E-I A
P
Medical Cannabis Cooperative P P P P P P P
or Collectives (Existing)
Medical Cannabis Cultivation P P P P P P
Facility (Existing)
Medical Cannabis Dispensary P P P P P P P
New
Medical Cannabis LUP I LUP LUP LUP LUP
Manufacturing Facility (New)
Medical Cannabis Testing LUP LUP LUP LUP LUP
Facility (New)
P = Permitted; LUP = Land Use Permit; underlined text identifies a proposed addition to the zoning
district.
A map has been prepared showing the location of these districts, and has been
included as an attachment to this staff report.
In establishing three new cannabis-related uses, the specific zoning standards in
Chapter 93.23.15 (Medical Cannabis Cooperative or Collective and Medical Cannabis
Cultivation Facility Special Standards) need to be amended to include the new uses.
No other changes are proposed to this chapter of the zoning code; approval
requirements, separation standards, and parking requirements will remain as currently
adopted.
Another proposed change involves a modification to the development standards of the
E-I (Energy Industrial) zone to accommodate cannabis-related uses. The lot coverage
requirement in the E-1 zone is limited to 15% for permitted uses, with the exception of
energy uses. In order to allow adequate developable area for buildings to house
cultivation and manufacturing facilities, it is proposed that the lot coverage be increased
to 60% for permitted uses, similar to the M-1 (Service/Manufacturing) Zone and the M-2
(Manufacturing) Zone standards. All other development standards, such as height limits
and setback requirements, shall remain as currently adopted.
City Council Staff Report
December 7, 2016-- Page 4
Case 5.1218-E— Medical Cannabis Issues
B. Comprehensive Regulatory Ordinance
Last year the State adopted a series of legislation which comprise the Medical Cannabis
Regulation and Safety Act (MCRSA) which essentially establishes a dual licensing
structure that requires a state license as well as a local license or a land use permit.
MCRSA will govern the licensing and control of all medical cannabis businesses in the
state and provides a level of immunity from criminal prosecution for licensees. The
state legislation also protects local control of medical cannabis businesses by
recognizing and providing for a dual licensing process, civil and criminal penalties are
available for unlicensed activity, and local licensing practices, zoning ordinances, and
other local regulations are recognized consistent with the city's constitutional police
powers at the local level.
Currently the City allows "medical cannabis collectives and cooperative" to operate in
the City. The City currently allows 6 such co-ops or collectives to operate in the City.
These are recognized under the law as "vertical" entities; namely, the City's approved
co-ops and collectives are responsible for the cultivation, manufacture of medicinal
product, dispensing, and delivery of the medicine to qualified patients or their
caregivers. These co-ops and collectives are closed activities; that is, only members
can be part of the production chain and only members can receive the medicine. The
new legislation essentially creates a horizontal, business model that allows a more open
and robust business oriented set of activities open to the general public and other
businesses.
The Council's subcommittee has reviewed the legislation and received public input at
various meetings. The subcommittee is recommending the Council consider the
proposed comprehensive ordinance to address the opening and operation of medical
cannabis businesses in the City, including dispensaries, cultivation facilities,
manufacturing facilities, testing facilities, and transportation and distribution (delivery)
operations.
This Ordinance establishes various application and operational requirements for all
cannabis businesses, specialized criteria for each type of business, and enforcement
protocols. Existing medical cannabis collectives and co-operatives will be able to retain
the ability to continue to operate as collectives or cooperatives; however, under MCRSA
this "grandfather" provision will expire in 2026. The proposed ordinance also grants the
existing collectives and cooperatives the ability to operate under the dispensary,
cultivation, and/or delivery options provided under MCRSA. In addition, the Ordinance
also anticipates that new operators can apply for permits under the new program once
the Ordinance goes into effect. The subcommittee anticipates that approvals would be
conditional, subject to applying for and receiving licenses from the State. It is not
anticipated that the state will have its regulatory program in place and be ready to
review and approve license applications until early 2018. Nevertheless, the
subcommittee recommends the Council adopt the ordinance and enable businesses,
especially cultivators, manufacturers, and testing labs the opportunity to secure permits
City Council Staff Report
December 7, 2016 -- Page 5
Case 5.1218-E— Medical Cannabis Issues
from the City and commence appropriate planning, investments, and development
necessary to be ready to open as soon as the State has its program in place.
C. Initiation of Ordinance Creating additional Locational Requirements.
The third ordinance before the Council is a proposal to initiate a locational requirement
for existing co-ops and collectives as well as any new dispensaries. The proposal
would be to prohibit any new dispensaries from locating within 500 feet of any co-op,
collective, or dispensary. This requirement would minimize over-concentration of
dispensaries in the City or in any area of the City and encourage dispersal to ensure
that access to medicine is reasonably available for all patients. The subcommittee
recommends the Council initiate this Ordinance and refer it to the Planning Commission
for recommendation.
CEQA
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed
Zone Text Amendments have been deemed "projects." Staff has determined that the
proposed Zone Text Amendments may be deemed Categorically Exempt from the
provisions of CEQA under Section 15305 (Minor Alterations in Land Use Limitations) of
the Guidelines. The proposed Zone Text Amendment only proposes insignificant
changes to land use regulations.
The Comprehensive Medical Cannabis Regulatory Ordinance is a "project" under
CEQA. The Ordinance is exempt under CEQA Guidelines Section 15183 (projects
consistent with a community plan, general plan, or zoning) since the types of
businesses permitted by the Ordinance are consistent with those contemplated by the
adopted General Plan and the City's Zoning Ordinance. In addition, the Ordinance is
exempt under CEQA Guidelines Section 15301 (existing facilities) since permitted
medical cannabis businesses under the Ordinance are either already existing and
currently in operation in the City as approved medical cannabis collectives or
cooperatives and new businesses are likely to locate in existing facilities and additions
to structures would be exempt under Section 15301.
NOTIFICATION:
A public hearing notice was published in accordance with the requirements of State law
and local ordinance.
Douglas Holland David Ready, PhD., Esq.
City Attorney City Manager
City Council Staff Report
December 7, 2016-- Page 6
Case 5.1218-E—Medical Cannabis Issues
Attachments:
1. Zone Ordinance Amendment for Introduction
2. Map —Zoning Districts
3. MCRSA Implementing Ordinance for Introduction
4. Draft Ordinance for Initiation and Referral
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 5.45 TO, AND AMENDING
SECTION 5.35.100 OF, THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO MEDICAL CANNABIS BUSINESSES IN
THE CITY OF PALM SPRINGS.
City Attorney's Summary
This Ordinance implements the provisions of the Medical
Cannabis Regulation and Safety Act provides for the provision of
medical cannabis businesses including dispensaries, delivery
services, manufacturing, cultivation, and testing to operate in the
City subject to compliance with all applicable city and state laws.
The City Council of the City of Palm Springs finds:
A. The City of Palm Springs is a charter city organized pursuant to Article XI of the
California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of
Article XI, the City has the power to make and enforce within its limits all ordinances and
regulations in respect to municipal affairs not in conflict with general laws and its own charter.
Such police powers include without limitation the ability to adopt comprehensive zoning
regulations and regulations upon the use of land and property within the City.
B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm
Springs may adopt and enforce ordinances and regulations not in conflict with general laws to
protect and promote the public health, safety, and welfare of its citizens.
C. The Federal Controlled Substances Act (21 U.S.C. § 801 et seq.) prohibits,
except for certain research purposes, the possession, distribution, and manufacture of
cannabis, and there is no medical necessity exception to prosecution and conviction under the
Controlled Substances Act.
D. The Federal Government has issued guidelines for states and local governments
that have enacted laws authorizing cannabis related conduct, requiring them to implement
strong and effective regulatory and enforcement systems that will address the threat that
medical cannabis activity could pose to public safety, public health, and other law enforcement
interests.
E. California statutes specify that, except as authorized by law, the possession,
cultivation, possession for sale, transportation, administration, or furnishing of cannabis are
State criminal violations. State law further punishes one who maintains a place for the purpose
of unlawfully selling, using, or furnishing, or who knowingly makes available a place for storing,
manufacturing, or distributing cannabis.
F. On November 5, 1996, California voters approved Proposition 215, the
Compassionate Use Act of 1996 (CUA), codified at California Health and Safety Code section
11362.5, the intent of which was to enable persons with a demonstrated need for marijuana for
medical/therapeutic purposes, as recommended by a health care provider, to obtain and to use
marijuana, or marijuana-derived compounds, under limited and specified circumstances. On
January 1, 2004, Senate Bill 420 codified as California Health and Safety Code section 11362.7
Page 1
et seq. and entitled the "Medical Marijuana Program Act" (MMPA) became law to clarify the
scope of the CUA-
G. The CUA is limited in scope in that it only provides a defense from criminal
prosecution for possession and cultivation of medical cannabis to qualified patients and their
primary caregivers. The MMPA also is limited in scope in that it establishes a statewide
identification program and affords qualified patients, persons with recommendation cards, and
their primary caregivers, an affirmative defense to certain enumerated criminal sanctions that
would otherwise apply to transporting, processing, administering or distributing cannabis-On
November 5, 1996, California voters approved Proposition 215, the Compassionate Use Act of
1996 (Health and Safety Code Section 11362.5, "CUA"), an initiative that exempted certain
patients and their primary caregivers from criminal liability under State law for the possession
and cultivation of cannabis for medical purposes. One of the stated purposes of the CUA is to
ensure that seriously ill Californians have the right to obtain and use cannabis for medical
purposes where that medical use has been recommended by a physician.
H. On January 1, 2004, Senate Bill 420, the Medical Marijuana Program Act (Health
and Safety Code Sections 11362.7-11362.83, "MMP"), became law to clarify the scope of the
CUA and to facilitate the prompt identification of qualified patients and their primary caregivers.
I. The California Attorney General's 2008 Guidelines for the Security and Non-
Diversion of Marijuana Grown for Medical Use ("Guidelines") recognizes that cultivation or other
concentration of cannabis in any location or premises without adequate security increases the
risk that nearby homes or businesses may be impacted negatively by nuisance activity such as
loitering, or more significant levels of crime; and
J. The California Supreme Court has made clear that neither the CUA nor the
MMPA expressly or impliedly preempts the authority of cities or counties, under their traditional
land use and police powers, to allow, restrict, limit, or entirely exclude facilities that distribute
medical cannabis. The MMPA allowed cities and counties to adopt local ordinances that
regulate the location, operation, or establishment of medical cannabis collectives and to enforce
such ordinances. (City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc.
(2013) 56 CalAth 729; Health and Safety Code section 11362.83). The same authority
encompasses the regulation, operation, or establishment of cannabis cultivation. (Mara) v. City
of Live Oak (2013)221 Cal.AppAth 975.)
K. On October 9, 2015, Governor Brown signed into law the Medical Cannabis
Regulation and Safety Act ("MCRSK) which consisted of three interrelated pieces of legislation
(SB 643, AB 243, and AB 266), intended to provide a comprehensive regulatory framework for
the licensing, control, and taxation of medical cannabis related businesses in California.
MCRSA expressly protects a City's local licensing practices, zoning authority, and other local
actions taken under the City's constitutional municipal and police powers. MCRSA contains
statutory provisions that:
1. Allow local governments to enact ordinances expressing their intent to allow or
prohibit the cultivation of cannabis and their intent to administer or not administer a
conditional permit program pursuant to California Health and Safety Code section
11362.777 for the cultivation of cannabis;
2. Expressly provide that the Act does not supersede or limit local authority for local
law enforcement activity, enforcement of local ordinances or enforcement of local permit
or licensing requirements regarding cannabis per California Business and Professions
Code section 19315(a);
Page 2
3. Expressly provide that the Act does not limit the civil or administrative authority or
remedies of a local government provision of law regarding cannabis including, but not
limited to, a local government's right to make and to enforce within its limits all
regulations not in conflict with general laws per California Business and Professions
Code section 19316(c);
4. Specifically requires, as a condition of state licensure, compliance with any and
all local requirements for all cannabis-related operations.
L. It is the purpose and intent of MCRSA to accommodate the needs of the
seriously ill while protecting the health, safety, and general welfare of the residents and
businesses within the unincorporated areas of City of Palm Springs and comply with State law
and Federal guidelines.
M. It is the intent of the City Council to have a strong and effective regulatory and
enforcement system with regard to medical cannabis that addresses threats to public safety,
health and other law enforcement interests through robust controls and procedures that are
effective in practice.
N. This Ordinance provides regulations for the local permitting of medical marijuana
operations under specified conditions in the unincorporated areas of the City.
O. Chapter 5.45 is intended to establish criteria for issuing local permits pursuant to
the MCRSA and to establish an effective regulatory and enforcement system consistent with the
guidance issued by the United States Department of Justice.
P. Marijuana remains an illegal substance under the Federal Controlled Substances
Act, 21 USC 801 et seq., which makes it unlawful for any person to cultivate, manufacture,
distribute, dispense, or possess with intent to manufacture, distribute, or dispense cannabis.
The Federal Controlled Substances Act contains no statutory exemption for the cultivation of
cannabis for medical purposes. Federal law lists cannabis as a Schedule I drug, meaning that
the federal government contends cannabis has a high potential for abuse, cannabis has no
currently accepted medical use in treatment, and there is a lack of accepted safety for use
under medical supervision.
Q. Despite this classification and treatment under federal law, federal executive and
law enforcement agencies have issued memoranda and other guidelines allowing for the
development of state-specific regulatory schemes that include the provision of cannabis and
cannabis-derived products for medical purposes, as long as the administration of those
schemes is consistent with the aims of federal law.
R. The City Council recognizes that the investigation and research of the
therapeutic uses for medical cannabis and natural cannabis-derived compounds continues to
progress, with at least some demonstrated positive impact on users following the advisement
and encouragement of their health care providers, for a variety of ailments, including severely
debilitating and terminal illnesses.
S. The City Council recognizes, upon consultation with law enforcement, that supply
chains for medical cannabis and cannabis-related products as they currently exist, in the
absence of state and local regulatory schemes, can and do benefit criminal elements to the
detriment of residents of the State of California, the County of Riverside, and very likely the City
of Palm Springs, without full regard for public safety, health, and welfare issues.
T. The City Council recognizes the individual freedom and privacy interests that
surround the choice of what to take into one's body, following consultation with one's chosen
Page 3
health care provider(s), and for one's own health-related purposes, and in a manner that is
responsible in its impacts on others in the community, including children.
U. The City Council also recognizes its obligation to provide guidance on
appropriate community standards of health, safety, and welfare, and, where appropriate, to
protect residents—especially residents of particularly vulnerable populations including children
and senior citizens—from violation and abuse of those community standards.
V. The City Council desires to establish reasonable regulations on the operation of
medical cannabis related businesses which are intended to operate in conjunction with the
zoning and land use regulations of the City of Palm Springs, and which are intended to address
the negative impacts, nuisance impacts, and criminal impacts of unregulated cannabis-related
businesses.
W. Medical cannabis related businesses will continue to be subject to the zoning and
land use regulations of the zoning district in which such business establish and operate, as set
forth in the Palm Springs Zoning Ordinance, and as otherwise established by the City; and
X. The City Council finds that the activities permitted under this ordinance are
consistent with and implement the goals and policies of the Palm Springs General Plan.
Y. The City Council finds that the adoption of this ordinance is exempt from
environmental review under the California Environmental Quality Act ("CEQA") pursuant to the
following provisions of the CEQA Guidelines, 14 Cal. Code of Regulations, Chapter 3:
1. The ordinance is exempt under Section 15061(b) (3) because it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment. Due to the locational requirements of the City for medical
cannabis businesses provided in related ordinances initiated, introduced, and/or adopted
contemporaneously with this Ordinance, the number of medical cannabis businesses
within the various categories provided under State Law and this Ordinance will be limited
and the medical cannabis businesses will have impacts that are similar to the farming,
manufacturing, distribution, laboratory, and delivery activities already authorized within
the City. Furthermore, the Ordinance contains requirements that prevent any potential
impacts on the environment that may be unique to businesses involving medical
cannabis. For example, the Ordinance establishes prohibitions on nuisance odors, glare,
excess energy usage, and establishes safety protections to prevent crime or
deterioration of the business area into blight, prohibition on usages of hazardous
chemicals, and a prohibition on usage of excess water in violation of drought laws etc.
Further, there is no possibility that this Ordinance would create cumulative impacts that
are significant because this Ordinance does not authorize a total number of businesses
in the City than would have been otherwise authorized, does not authorize construction
or other related activities or any other activities that are not already permitted, except
that the Ordinance allows the same activities but with a different material (medical
cannabis) that is being grown, sold, transported, or otherwise utilized in some form;
there are no other significant impacts that could occur as a result of this ordinance, and
there are no unusual circumstances that would cause any such significant impacts;
2. The Ordinance is also exempt under Section 15183 (projects consistent with a
community plan, general plan, or zoning) since the types of businesses permitted by the
Ordinance are consistent with those contemplated by general plan and zoning, such as
farming, manufacture, and distribution of other agriculture products and/or products to be
used as pharmaceuticals;
Page 4
3. The Ordinance is also exempt under CEQA Guidelines Section 15301 (existing
facilities) since permitted medical cannabis business under the Ordinance may locate in
existing facilities, and any additions to structures would be expected to be also exempt
under 15301; and
4. The Ordinance is exempt under Section 15303 (new construction or conversion
of small structures). The businesses will be established in an urban area, and given the
build out of the existing city, and sufficient existing leasable property, the amount of
construction that would occur is minimal to non-existent, and any such construction
would be less than the thresholds established in Section 15303.
NOW THEREFORE, The City Council of the City of Palm Springs ordains:
SECTION 1. Chapter 5.35 of the Palm Springs Municipal Code is renamed "Initial Medical
Cannabis Regulation Program."
SECTION 2. Section 5.35.100 of the Palm Springs Municipal Code is amended to read:
Section 5.35.100. General Provisions.
A. The provisions of this Chapter shall apply solely to medical cannabis collectives or
cooperatives permitted and approved by the City Council and commenced operations prior to
October 1, 2016. Any such permitted and approved medical cannabis collective or cooperative
that commenced operation prior to July 1, 2015 may at the option of the operator continue to
operate pursuant to this Chapter until January 1, 2026 or such other date as may be established
by the State and engage in cultivation, dispensing, and/or delivery activities as may be allowed
under Chapter 5.45 of this Code.
B. Any permitted and approved medical cannabis collective or cooperative that lawfully
commenced operation after July 1, 2015 shall (1) apply for a permit or permits pursuant to
Chapter 5.45 of this Code, (2) commence operations pursuant to such permit or permits, and (3)
cease operations under any permit under this Chapter 5.35 prior to July 1, 2018. Upon the
approval of one or more permits pursuant to Chapter 5.45 and issuance of related state licenses
for cultivation or dispensing medical cannabis under state laws, all rights to continue to operate
cultivation and/or dispensing as a medical cannabis collective or cooperative pursuant to this
Chapter 5.35 shall cease and shall no longer be in force or effect and shall not be renewed, re-
issued, or extended-
C. Except as otherwise expressly provided in this Section, no permit or approval for a
medical cannabis collective or cooperative pursuant to Chapter 5.35 shall be approved or
maintained.
SECTION 3. Chapter 5.45 is added to the Palm Springs Municipal Code to read:
Chapter 5.45
MEDICAL CANNABIS RELATED BUSINESSES AND ACTIVITIES
Section 5.45.010. Purpose and Intent.
Section 5.45.020. Legal Authority.
Page 5
Section 5.45.030. Prohibition on Cultivation and Business Unless Authorized.
Section 5.45.040. Compliance with Laws.
Section 5.45.050. Definitions.
Section 5.45.060. Medical Cannabis Business Permit Required to Engage in Medical
Cannabis Business.
Section 5.45.070. Commercial Medical Cannabis Permit Required.
Section 5.45.080. Commercial Medical Cannabis Permit Application Process.
Section 5.45.090. Review of Application for Commercial Medical Cannabis Permit.
Section 5.45.095, Required Findings and Conditions for Dispensaries.
Section 5.45.096. Required Findings and Conditions for Cultivation.
Section 5.45.097. Required Findings and Conditions for Manufacturing.
Section 5.45.098. Required Findings and Conditions for Testing Facilities.
Section 5.45.099. Required Findings and Conditions for Transportation and
Distribution Facilities.
Section 5.45.100. Commercial Medical Cannabis Permit Renewals.
Section 5.45.110 Compliance with Laws.
Section 5.45.120. Fees and Charges.
Section 5.45.130. Transfers of Commercial Medical Cannabis Permits.
Section 5.45.140. Requirements Before Permittee May Commence Operations.
Section 5.43.200. Commercial Medical Cannabis Operating Requirements.
Section 5.45.205. Miscellaneous Operating Requirements.
Section 5.45.210. Security Measures
Section 5.45.220. Packaging and Labeling Requirements.
Section 5.45.400. General Authority of City Manager
Section 5.45.410. Suspension or Revocation of Commercial Medical Cannabis Permit.
Section 5.45.420. Service.
Section 5.45.430. Enforcement and Penalties.
Section 5.45.010. Purpose and Intent.
A. It is the purpose and intent of this Chapter to accommodate the needs of medically-ill
persons in need of cannabis for medical purposes, as advised and recommended by their
health care provider(s), while imposing regulations on the use of land to protect the City's
Page 6
neighborhoods, residents, and businesses from negative impacts. It is a further purpose and
intent of this Chapter to regulate the cultivation, manufacturing, processing, testing, transporting,
delivery, and distribution of cannabis and cannabis-related products in a manner which is
responsible, which protects the health, safety, and welfare of the residents of Palm Springs, and
to enforce rules and regulations consistent with state law. In part to meet these objectives, an
annual permit shall be required in order to own and/or to operate a medical cannabis business
within Palm Springs. Nothing in this Chapter is intended to authorize the possession, use, or
provision of cannabis for purposes which violate state or federal law. The provisions of this
Chapter are in addition to any other permits, licenses, and approvals which may be required to
conduct business in the City, and are in addition to any permits, licenses and approval required
under state, county, or other law.
B. It is the stated intent of this Chapter to regulate medical cannabis activity in the City of
Palm Springs concurrently with the State of California.
C. All applications, proposals, requests for medical cannabis related businesses and
activity, and any permits or approvals related to such medical cannabis businesses and activity,
shall be processed, reviewed, and administered pursuant to the provisions of this Chapter,
except that any permit for or approval of a medical collective or cooperative approved by the
City Council on or approved by July 1, 2015 shall be administered pursuant to the provisions of
Chapter 5.35 of this Code.
Section 5.45.020. Legal Authority.
Pursuant to Sections 5 and 7 of Article XI of the California Constitution, and the provisions of the
Medical Cannabis Regulation and Safety Act (hereinafter"MCRSA"), the City of Palm Springs is
authorized to adopt ordinances that establish standards, requirements and regulations for local
licenses and permits for cannabis and cannabis-related activity. Any standards, requirements,
and regulations regarding health and safety, security, and worker protections established by the
State of California, or any of its departments or divisions, shall be the minimum standards
applicable in the City of Palm Springs to cannabis, and/or cannabis-related activity.
Section 5.45.030. Prohibition on Cultivation and Business Unless Authorized.
Except as specifically authorized in this Chapter or Chapter 5.35, the cultivation, possession,
manufacture, processing, storing, laboratory testing, labeling, transporting, dispensing,
distribution, delivery, or sale of cannabis or a cannabis product is expressly prohibited in the
City of Palm Springs.
Section 5.45.040. Compliance with Laws.
A. It is the responsibility of the owners and operators of the medical cannabis business to
ensure that it is, at all times, operating in a manner compliant with all applicable state and local
laws, and any regulations promulgated thereunder. It shall be the responsibility of the owners
and the operators of the medical cannabis business to ensure that the medical cannabis
business is, at all times, operating in a manner compliant with all applicable federal, state, and
local laws, the Guidelines, any subsequently enacted state law or regulatory, licensing, or
certification requirements, and any specific, additional operating procedures or requirements
which may be imposed as conditions of approval of the medical cannabis business permit.
Nothing in this Chapter shall be construed as authorizing any actions which violate federal or
state law with regard to the operation of a medical cannabis business.
Page 7
B. Nothing here shall be construed as limiting the ability to
Section 5.45.050. Definitions.
The following definitions of terms shall apply to this Chapter, unless the context requires
otherwise. Any reference to California statutes includes any regulations promulgated thereunder
and is deemed to include any successor or amended version of the referenced statute or
regulatory provision.
"Applicant" means a person eighteen (18) years of age or older who has submitted an
application for a permit or renewal of a permit issued pursuant to this Chapter. If the applicant is
an entity and not a natural person, applicant shall include all persons having a ten (10) percent
or more financial interest in the entity.
"Application" means that form provided by the City Manager in accordance with this
Chapter for the purpose of seeking a commercial medical cannabis permit.
"Cannabinoid" or "phytocannabinoid" means a chemical compound that is unique to and
derived from cannabis.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the
separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means
marijuana as defined by Section 11018 of the California Health and Safety Code. "Cannabis"
does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the
sterilized seed of the plant which is incapable of germination. For the purpose of this Chapter,
"cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the
California Food and Agricultural Code or Section 11018.5 of the California Health and Safety
Code.
"Cannabis concentrate" means manufactured cannabis that has undergone a process to
concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin
from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. A
cannabis concentrate is not considered food, as defined by Section 109935 of the California
Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and
Safety Code.
"Canopy" means all areas occupied by any portion of a cannabis plant, inclusive of all
vertical planes, whether contiguous or noncontiguous on any one site.
"Caregiver" or "primary caregiver" has the same meaning as that term is defined in
Section 11362.7 of the California Health and Safety Code.
"Certificate of accreditation" means a certificate issued by an accrediting body to a
licensed testing laboratory, entity, or site to be registered in the state.
"Commercial medical cannabis activity" means the cultivation, possession, manufacture,
processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of
medical cannabis or a medical cannabis product. "Commercial medical cannabis activity" does
not include a qualified patient who cultivates one hundred (100) square feet total canopy area or
less exclusively for his or her personal use or who possesses, stores, manufactures, or
Page 8
transports cannabis exclusively for his or her personal medical use but who does not provide,
donate, sell, or distribute cannabis to any other person. "Commercial medical cannabis activity"
also does not include a primary caregiver who cultivates one hundred (100) square feet total
canopy area or less exclusively for the personal medical purposes for each specified qualified
patient, up to five hundred (500) square feet, for whom he or she is the primary caregiver or who
possesses, stores, manufactures, transports, donates, or provides cannabis exclusively for the
personal medical purposes of no more than five specified qualified patients for whom he or she
is the primary caregiver, but who does not receive remuneration for these activities except for
compensation in full compliance with Section 11362.765(c) of the California Health and Safety
Code, as it may be amended.
"Commercial medical cannabis permit" means a permit issued by the City to an applicant
to perform commercial medical cannabis activities under this Chapter.
"Commercial medical cannabis operation" means an entity that engages in commercial
cannabis activities.
"Cultivation" means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of medical cannabis. Within the definition of cultivation, the following
specific license types, corresponding to state cultivator license types set forth in California
Business and Professions Code Section 19332(g), apply:
1. Type 1 or "specialty outdoor' means outdoor cultivation using no artificial lighting
and having no more than fifty (50) mature plants or five thousand (5,000) square feet of
total canopy size whichever is less;
2. Type 1A or "specialty indoor" means cultivation using exclusively artificial
lighting, is entirely contained within a structure, and having no more than five thousand
(5,000) square feet of total canopy size;
3. Type 1B or "specialty mixed-light" means cultivation using a combination of
natural and supplemental artificial lighting and having no more than five thousand
(5,000) square feet of total canopy size;
4. Type 2 or "small outdoor" means outdoor cultivation using no artificial lighting
and having a total canopy size between five thousand one (5,001) and ten thousand
(10,000) square feet;
5. Type 2A or "small indoor" means indoor cultivation exclusively using artificial
lighting and having a total canopy size between five thousand one (5,001) and ten
thousand (10,000) square feet;
6. Type 2B or "small mixed-light" means cultivation using a combination of natural
and supplemental artificial lighting and having a total canopy size between five thousand
one (5,001) and ten thousand (10,000) square feet;
7. Type 3 or "outdoor' means outdoor cultivation using no artificial lighting and
having a total canopy area between ten thousand one (10,001) square feet and one
acre;
8. Type 3A or "indoor" means indoor cultivation using exclusively artificial lighting
and having a total canopy area between ten thousand one (10.001) and twenty-two
thousand (22,000) square feet;
9. Type 3B or "mixed-light" means cultivation using a combination of natural and
supplemental artificial lighting and having a total canopy area of between ten thousand
one (10,001) and twenty-two thousand (22,000) square feet, and
Page 9
10. Type 4 or"nursery" means cultivation of medical cannabis solely as a nursery.
"Cultivation site" means a location where medical cannabis is planted, grown, harvested,
dried, cured, graded, or trimmed, or where all or any combination of those activities occurs, and
where the operator holds a valid medical cannabis business permit for cultivation from the City
of Palm Springs and a valid state license to cultivate cannabis as required by state law.
"Delivery" means the commercial transfer of medical cannabis or medical cannabis
products from a dispensary, up to an amount determined to be authorized by the State of
California, or any of its departments or divisions, to a primary caregiver or a qualified patient as
defined in Section 11362.7 of the California Health and Safety Code, or a testing laboratory.
"Delivery" also includes the use by a dispensary of any technology platform owned and
controlled by the dispensary, or independently licensed by the State of California under the
MCRSA, that enables anyone to arrange for or facilitate the commercial transfer by a licensed
dispensary of medical cannabis or medical cannabis products.
"Dispensary" means a premises where medical cannabis, medical cannabis products, or
devices for the use of medical cannabis or medical cannabis products are offered, either
individually or in any combination, for retail sale, including an establishment (whether fixed or
mobile) that delivers, pursuant to MCRSA, medical cannabis and medical cannabis products as
part of a retail sale, and where the operator holds a valid medical cannabis business permit from
the City of Palm Springs authorizing the operation of a dispensary, and a valid state license as
required by state law to operate a dispensary.
"Dispensing" means any activity involving the retail sale of medical cannabis or medical
cannabis products from a dispensary.
"Distribution" means the procurement, sale, and transport of medical cannabis and
medical cannabis products between entities licensed pursuant to this chapter.
"Distributor" means a person holding a valid medical cannabis business permit for
distribution issued by the City of Palm Springs, and, a valid state license for distribution,
required by state law to engage in the business of purchasing medical cannabis from a licensed
cultivator, or medical cannabis products from a license manufacturer, for sale to a licensed
dispensary.
"Dried flower" means all dead medical cannabis that has been harvested, dried, cured,
or otherwise processed, excluding leaves and stems.
"Edible cannabis product" means manufactured cannabis that is intended to be used, in
whole or in part, for human consumption including, but not limited to, chewing gum, but
excluding products set forth in Division 15 (commencing with Section 32501) of the Food and
Agricultural Code.. An edible medical cannabis product is not considered food as defined by
Section 109935 of the California Health and Safety Code or a drug as defined by Section
109925 of the California Health and Safety Code.
"Fully enclosed and secure structure" or "greenhouse" means a space within a building
or other structure which has a complete roof enclosure supported by connecting walls extending
from the ground to the roof, which is secure against unauthorized entry, provides complete
visual screening, and which is accessible only through one or more lockable doors and is
inaccessible to minors and provided such "greenhouse" is constructed to usual and customary
standards and approved by the Building Official.
"Health Officer" means the County of Riverside Health Officer or the designee of the
County of Riverside Health Officer or any other person exercising the duties of health officer for
the City.
Page 10
"Identification card" has the same definition as in Section 11362.7 of the California
Health and Safety Code, as it may be amended.
"Licensee" means a person issued a state license under Chapter 3.5 (commencing with
Section 19300) of the California Business and Professions Code, to engage in a commercial
medical cannabis activity.
"Licensing authority" means the state agency responsible for the issuance, renewal, or
reinstatement of a license for commercial medical cannabis activities, or the state agency
authorized to take disciplinary action against the license.
"Live plants" means living medical cannabis flowers and plants, including seeds, sprouts,
immature plants (including unrooted clones), and vegetative stage plants.
"Manufactured cannabis" or "cannabis product" 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 intended for internal consumption or topical application.
"Manufacturer" means a person that conducts the production, preparation, propagation,
or compounding of manufactured medical cannabis, as defined in this section, or medical
cannabis products either directly or indirectly or by extraction methods, or independently by
means of chemical synthesis at a fixed location that packages or repackages medical cannabis
or medical cannabis products or labels or re-labels its container, where the operator holds (1) a
valid medical cannabis business permit for manufacturing from the City of Palm Springs and (2)
after January 1, 2018 or as sooner as permitted by the state granting agency, department or
division, a valid state license for manufacturing pursuant to MCRSA.
"Marijuana" means "cannabis," as that term is defined in this Section.
"MCRSA" means the Medical Cannabis Regulation and Safety Act, consisting of three
interrelated pieces of legislation (SB 643, AB 243, and AB 266), as may be amended from time
to time, a comprehensive regulatory framework for the licensing, control, and taxation of medical
cannabis related businesses in California.
"Medical cannabis," "medical cannabis product," or "cannabis product" means a product
containing cannabis, including, but not limited to, concentrates and extractions, intended to be
sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act
of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code.
For the purposes of this Chapter, "medical cannabis" does not include "industrial hemp" as
defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the
California Health and Safety Code.
"Medical cannabis activity" includes cultivation, manufacture, processing, laboratory
testing, transporting, delivery, distribution, or sale of medical cannabis or a medical cannabis
product, within the meaning of California Business and Professions Code 19300 et seq.
"Medical cannabis business" means any business or operation which engages in
medical cannabis activity.
"Medical cannabis permit" means a regulatory permit issued by the City of Palm Springs
pursuant to this Chapter to a medical cannabis business, and is required before any medical
cannabis activity may be conducted in the City. The initial permit and annual renewal of a
medical cannabis business permit is made expressly contingent upon the business' ongoing
compliance with all of the requirements of this Chapter and any regulations adopted by the City
governing the medical cannabis activity at issue.
Page 11
"Nursery" means a licensee that produces only clones, immature plants, seeds, and
other agricultural products used specifically for the planting, propagation, and cultivation of
medical cannabis.
"Owner" means the person, firm, corporation, or partnership that owns property or is in
possession thereof under a contract to purchase or under a lease, the term of which is not less
than ten years, by a person or persons, firm, corporation, or partnership, individually, jointly, in
common, or in any other manner whereby such property is under single or unified control.
'Patient' or "qualified patient" shall have the same definition as California Health and
Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is
entitled to the protections of California Health & Safety Code Section 11362.5. For purposes of
this ordinance, qualified patient shall include a person with an identification card, as that term is
defined by California Health and Safety Code Section 11362.7 et seq.
"Permittee" means a person issued a City permit under this Chapter.
"Person" means an individual, firm, partnership, joint venture, association, corporation,
limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or
combination acting as a unit and includes the plural as well as the singular number.
"Premises" means the building or greenhouse in which commercial medical cannabis
activities are operated and, in addition, any accessory structures and appurtenant areas.
"Primary caregiver" has the same definition as in Section 11362.7 of the California
Health and Safety Code, as it may be amended.
"Property owner" means the individual or entity who is the record owner of the subject
property where commercial medical cannabis activities are located or are proposed to be
located.
"Qualified patient" has the same definition as in Section 11362.7 of the California Health
and Safety Code, as it may be amended.
"State Laud" means all statutes, rules, and regulations relating to the cultivation,
manufacture, dispensing, sale, distribution, and transportation of Medical Cannabis, as such
statutes, rules, and regulations as may be amended from time to time.
"State license," 'license," or "registration" means a state license issued by the State of
California, or one of its departments or divisions, under MCRSA to engage in medical cannabis
activity.
Testing laboratory" means a facility, entity, or site in the City that offers or performs test
of medical cannabis or medical cannabis products and that is both of the following:
1. Accredited by an accrediting body that is independent from all other persons
involved in the medical cannabis industry in the state; and
2. Registered with the California State Department of Public Health.
"Topical cannabis" means a product intended for external use. A topical cannabis
product is not considered a drug as defined by Section 109925 of the California Health and
Safety Code.
"Transport" means the transfer of medical cannabis or medical cannabis products from
the permitted business location of one licensee to the permitted business location of another
licensee, for the purposes of conducting commercial medical cannabis activity authorized
Page 12
pursuant to the California Business and Professions Code Section 19300 et seq., as may be
amended from time to time.
"Transporter" means a person issued a state license, and a medical cannabis business
permit by the City of Palm Springs, authorizing the transport of medical cannabis or medical
cannabis products in amounts authorized by the State of California, or by one of its departments
or divisions under the MCRSA.
Section 5.45.060. Medical Cannabis Business Permit Required to Engage in Medical
Cannabis Business.
No person may engage in any medical cannabis business or in any medical cannabis
activity within the City of Palm Springs including cultivation, manufacture, processing, laboratory
testing, transporting, dispensing, distribution, or sale of medical cannabis or a medical cannabis
product unless the person (1) has a valid medical cannabis permit from the City of Palm Springs
and (2) is currently in compliance with all applicable state and local laws and regulations
pertaining to the medical cannabis business and the medical cannabis business activities,
including the duty to obtain any required state licenses. Medical Cannabis Collectives or
Cooperatives approved under the provisions of Chapter 5.35 of this Code may continue to
operate as a collective or cooperative as provided in Section 5.35.100 of this Code and are
hereby granted permits for cultivation, dispensing, and transportation and distribution under the
provisions of this Chapter for calendar year 2017 subject to providing all information,
documentation, submissions, and evidence required pursuant to Sections 5.45.080 and
otherwise complying with the operational requirements of this Chapter.
Section 5.45.070. Commercial Medical Cannabis Permit Required.
A. Any person who intends to engage in a commercial medical cannabis activity shall
obtain a commercial medical cannabis permit for the fixed location in which the commercial
medical cannabis activity is to occur.
B. It is unlawful for any person to conduct, engage in or allow to be conducted or engaged
in a commercial medical cannabis activity within the corporate limits of City of Palm Springs,
unless the City has issued such person a permit under this Chapter and the permit is in effect.
Notwithstanding the above, the permits issued under this Chapter do not provide any protection
or immunity for any person from State or Federal laws, or from prosecution pursuant to any
applicable State or Federal laws.
C. Upon implementation of state regulations pursuant to State Law, a valid license from the
State shall be required to operate any commercial medical cannabis activity.
D. The fact that an applicant possesses other types of State or City permits or licenses,
shall not exempt the applicant from obtaining a commercial medical cannabis permit under this
Chapter, nor shall the terms and conditions of any other such permit or license modify the
requirements of a permit granted under this Chapter, except that the commercial medical
cannabis permit must be consistent with the land use entitlement issued by the City pursuant to
Title 20 or Title 21 of the Palm Springs Municipal Code.
E. The applicant must receive all necessary land use entitlements as required by the Palm
Springs Zoning Ordinance before the City Manager will issue a commercial medical cannabis
permit under this Chapter.
F. The following persons are exempt from the requirements of this Chapter:
Page 13
1. A qualified patient who cultivates one hundred (100) square feet total canopy
area or less of cannabis exclusively for personal medical use but who does not
provide, donate, sell, or distribute cannabis to any other person; and
2. A primary caregiver who cultivates one hundred (100) square feet of total canopy
area or less exclusively for the personal medical purposes for each specified
qualified patient for whom he or she is the primary caregiver, up to five hundred
(500) square feet, but who does not receive remuneration for these activities
except for compensation in full compliance with State Law.
3. Qualified patients and/or primary caregivers shall, upon request, provide
appropriate documentation to law enforcement demonstrating that they have a
valid doctor's recommendation to use cannabis for medical purposes.
Section 5.45.080. Commercial Medical Cannabis Permit Application Process.
A. Each application for the establishment of a commercial medical cannabis permit shall be
filed with the City Clerk on the form and in the manner prescribed by the City Manager. The City
Manager shall be responsible for administering the application process as set forth in this
Chapter. All applications for permits required pursuant to this Chapter shall be made upon
current forms prescribed by the City Manager. Applications submitted to the City Manager may
include, but not be limited to, new business premises, transfers of ownership, change of
locations, premises modifications, and changes in trade name.
B. All applications must include application and permitting fees as established by resolution
adopted by the City Council as amended from time to time.
C. A permit issued by the City Manager constitutes a revocable privilege. The burden of
proving an Applicant's qualifications for a permit rests at all times with the Applicant.
D. The Applicant or its authorized agent must provide a surety bond, if applicable, and
prove that all tax returns related to the business have been timely filed.
E. In all cases, the application must be complete in every material detail and shall contain,
without limitation, the following documentation.
1. All applicants' names, mailing addresses, and if available, e-mail addresses.
2. A twenty-four (24) hour or nighttime contact phone number.
3. The physical address and assessors parcel number(s) (APN or APNs) of the
property upon which the proposed commercial medical cannabis operation will
be located.
4. Proof of ownership of premises, or if the premises on which the commercial
medical cannabis operation is to occur is rented or leased, written permission
from the property owner containing the property owner's notarized signature that
authorizes the tenant or lessee to engage in commercial medical cannabis
activities at the site.
5. A "to scale" diagram of the premises, showing, without limitation, a site plan,
building layout, all entry ways and exits to the facility, loading zones and all areas
in which medical cannabis and medical cannabis products will be stored, grown
or dispensed.
Page 14
6. If the applicant is a business entity or any form of entity, information regarding
the entity, including, without limitation, the name and address of the entity, its
legal status, and proof of registration with, or a certificate of good standing from,
the California Secretary of State, as applicable.
7. The full name, date of birth, social security number, present address and
telephone number for all owners, supervisors, employees, and persons having a
ten (10) percent or more financial interest in the commercial medical cannabis
activity that is the subject of the application or, if the applicant is an entity, having
a ten (10) percent or more financial interest in the entity.
8. All land all owners, supervisors, employees, and persons having a ten (10)
percent or more financial interest must submit fingerprints and other necessary
information for a criminal background check.
9. Written proof (i.e., California driver's license, California identification card, or
certified birth certificate) that all applicants, property owners, supervisors, and
employees are eighteen (18)years of age or older.
10. The names and addresses of any other commercial medical cannabis operations
currently being operated by the applicant, or that had previously been operated
by the applicant and a statement of whether the authorization for any such
operation had been revoked or suspended and, if so, the reason therefore.
11. A full description of the proposed activities and products of the commercial
medical cannabis operation.
12. A description of the type of State license(s) that will be required for the proposed
operations pursuant to California Business and Professions Code Section 19300
et seq., including a description of the proposed total canopy area of any
cultivation or nursery operation.
13. A detail of the procedures to be utilized at the premises including a description of
how chemicals, pesticides and fertilizers will be stored, handled, used and
disposed of; and if applicable, manufacturing methods, the transportation
process, inventory procedures, and quality control procedures.
14. Proposed hours of operation.
15. A waste disposal plan.
16. If applicable, provide the applicant's seller's permit number issued pursuant to
Part 1 (commencing with Section 6001) of Division 2 of the California Revenue
and Taxation Code or indicate that the applicant is currently applying for a seller's
permit.
17. A statement by the applicant that it has the ability to comply with all laws
regulating businesses in the State of California and that it shall maintain
compliance during the term of the permit.
18. Authorization for the City, its agents and employees to seek verification of the
information contained in the application.
19. Certification, under penalty of perjury, that all the information contained in the
application is true and correct.
F. Nothing in this Section is intended to limit the City Manager's ability to request additional
information the City Manager deems necessary or relevant to determining an Applicant's
Page 15
suitability for a permit or a renewal of a permit under this Chapter. Each Applicant shall provide
any additional information required that the City Manager may request to process and fully
investigate the application. The additional information must be provided to the City Manager no
later than seven days of the request unless otherwise specified by the City Manager. Failure to
provide such additional information by the requested deadline may result in denial of the
application or renewal or revocation or suspension of a permit.
G. Based on the type of commercial medical cannabis activities proposed, the City
Manager may require the following additional information:
1. Medical Cannabis Dispensary. In reviewing an application to dispense medical
cannabis or medical cannabis products, the City Manager may request
operational plans detailing how operations will comply with federal enforcement
priorities.
2. Medical Cannabis Cultivation. In reviewing an application to cultivate medical
cannabis, the City Manager may request the following additional information:
a. Water conservation measures;
b. Projected energy demand and proposed renewable energy generation
facilities;
C. Unique identifier, inventory, and quality control procedures; and
d. A floor plan identifying the location, dimensions, and boundaries of all
proposed canopy areas taking into account space needed for ongoing
care of plants and a description of the proposed method of physically
delineating those boundaries at the site.
3. Medical Cannabis Manufacturing. In reviewing an application to operate a
cannabis manufacturing facility, the City Manager may request the following
additional information:
a. Information on products used in the manufacturing process including the
cannabis supply chain, liquids, solvents, agents, and processes.
Cannabis shall be obtained from a licensed cultivator or licensed
distributor operating in compliance with all local and state laws;
b. Storage protocol and hazard response plan;
C. Quality control measures; and
d. Any other information requested by the City Manager.
4. Medical Cannabis Testing Facilities. In reviewing an application to operate a
cannabis testing facility, the City Manager may request the following additional
information:
a. An operations plan detailing how cannabis will be received, secured,
tested, and destroyed upon completion;
b. Certificate of accreditation;
C. Proposed procedures for record keeping including chain of custody
control and certificate issuance; and
d. Any other information requested by the City Manager.
Page 16
5. Medical Cannabis Transportation and Distribution Facility. In reviewing an
application to operate a cannabis transportation and/or distribution facility, the
City Manager may request any following additional information:
a. An operations plan detailing how, and from where, cannabis and
cannabis products will be received, how any storage, distribution, and
transportation operations will be secured to prevent theft and trespass,
and to whom the product will be distributed;
b. Quality control inspections and requirements plan;
C. Truck parking and loading areas;
d. Storage and handling plans; and
e. Any other information requested by the City Manager.
H. All required application materials shall be prepared by the applicant and submitted at the
time of application.
I. All Applicants shall submit information to the City Manager in a full, faithful, truthful, and
fair manner. The City Manager may deny an application where the Applicant made intentional or
purposeful misstatements, omissions, misrepresentations, or untruths in the application or in
connection with the Applicant's background investigation. This type of conduct may be
considered as the basis for additional administrative action against the Applicant and it may also
be the basis for criminal charges against the Applicant.
J. All application forms supplied by the City Manager and filed by an Applicant for a permit,
including attachments and any other documents associated with the investigation, shall be
accessible by the City Manager and any state or local law enforcement agency for a purpose
authorized by this Chapter or for any other state or local law enforcement purpose.
K. Any applicant who operated any marijuana business activity in the City without a permit
issued from the City for such activity shall be deemed unqualified to receive any cannabis
permit for a business or activity under this Chapter and shall not be issued a permit.
Section 5.45.090. Review of Application for Commercial Medical Cannabis Permit.
A. The City Manager shall review the application for a commercial medical cannabis permit
and associated documents and shall require, if he or she deems necessary, additional
information to complete the application. The City Manager may deem the application incomplete
if it does not contain all required information and documents.
B. An application shall not be deemed complete unless all required application fees have
been paid.
C. Each commercial medical cannabis permit shall be granted for a one year period and
shall expire one year after the date of its issuance.
D. Upon review of a complete application for a commercial medical cannabis permit, the
City Manager may grant the application if:
1. The proposed commercial medical cannabis activities will comply with all the
requirements of the State and the Palm Springs Municipal Code;
Page 17
2. The applicant has received all necessary land use entitlements as required by
the Zoning Ordinance;
3. The proposed commercial medical cannabis activities will comply with all
provisions of this Chapter; and
4. If applicable, the applicant has obtained a valid seller's permit required pursuant
to Part 1 (commencing with Section 6001) of Division 2 of the California Revenue and
Taxation Code.
E. The City Manager shall deny any application that meets any of the following criteria:
1. The applicant has knowingly made a false statement of material fact or has
knowingly omitted a material fact from the application;
2. Any supervisor, employee, or persons having a ten (10) percent or more financial
interest in the commercial medical cannabis activity has been convicted of a felony or a
drug related misdemeanor reclassified by Section 1170.18 of the California Penal Code
(Proposition 47) within the past ten (10) years. A conviction within the meaning of this
Section means a plea or verdict of guilty or a conviction following a plea of nolo
contendere;
3. Any person who is listed on the application is a licensed physician making patient
recommendations for medical cannabis pursuant to Section 11362.7 of the California
Health and Safety Code;
4. If applicable, the applicant failed to obtain or maintain a valid sellers permit
required pursuant to Part 1 (commencing with Section 6001) of Division 2 of the
California Revenue and Taxation Code;
5. Any person who is listed on the application is less than eighteen (18) years of
age;
6. The proposed commercial medical cannabis operation does not comply with the
provisions of this Chapter or State law; or
7. The applicant has not received all necessary land use entitlements as required
by Palm Springs Zoning Code.
F. In the event the City Manager denies any application, the City Manager shall specify in
writing the reasons for the denial and notify the applicant that the decision shall become final
unless the permittee seeks an appeal pursuant to Chapter 2.05 of this Code within ten (10)
calendar days of the date of service of the City Manager's decision. Service of the decision shall
be provided in accordance with the requirements set forth in Chapter 2.05 of this Code.
Section 5.45.095. Required Findings and Conditions for Dispensaries.
A. A permit for a medical cannabis dispensary shall not be granted by the City Manager
unless all of the following findings are made based on substantial evidence:
1. The dispensary, as proposed, has demonstrated that it can and will comply with
all of the requirements of the State and City to operate a medical cannabis dispensary.
2. The dispensary complies with the Iocational requirements of the Zoning
Ordinance. The location of each medical cannabis collective or cooperative approved
pursuant to Chapter 5.35 shall be deemed an existing location subject to the provisions
of this Chapter.
Page 18
3. The dispensary, as approved and conditioned, will not result in significant
unavoidable impacts on the environment.
4. The dispensary includes adequate measures that minimize, to the extent
feasible, nuisances to the immediate neighborhood and community including minimizing
the detection of odor from offsite, minimizing the effects of loitering, providing adequate
security measures, and not exceeding the Land Use Permit's limits on hours of
operation.
5. The dispensary will provide adequate measures that address the federal
enforcement priorities for cannabis activities including restricting drugged driving,
restricting access to minors, prohibiting use or possession of firearms for security
purposes at the premises, and ensuring that medical cannabis and medical cannabis
products are supplied from permitted and licensed sources.
B. In addition to any other required conditions and mitigation measures approved by the
City Manager, all of the following conditions shall apply to all permits for a medical cannabis
dispensary:
1. The medical cannabis dispensary shall allow access to dispensary facilities and
records if requested by the City, its officers, or agents, and shall pay for an annual
inspection in an amount to be determined by City Council resolution and submit to
inspections from the City or its officers to verify compliance with all relevant rules,
regulations, and conditions.
2. The applicant, owner, and all permittees agree to submit to, and pay for,
inspections of the operations and relevant records or documents necessary to determine
compliance with this Chapter by any enforcement officer of the City or their designee.
3. The applicant and the permittee for the dispensary facility and property owner (if
the property owner has a financial interest in the dispensary facility) shall indemnify,
defend, and hold the City harmless from any and all claims and proceedings relating to
the approval of the permit or relating to any damage to property or persons stemming
from the commercial medical cannabis activity.
4. The owner shall be responsible for ensuring that all commercial medical
cannabis activities at the site operate in good standing with all permits and licenses
required by the City of Palm Springs Code and State law. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting commercial
medical cannabis activities at the site who do not maintain permits or licenses in good
standing with the City or State shall be grounds for the suspension or revocation of a
permit pursuant to this Chapter.
5. The dispensary shall operate only in accordance with the operating plans
reviewed and approved by the City Manager.
Section 5.45.096. Required Findings and Conditions for Cultivation.
A. A permit for medical cannabis cultivation shall not be granted by the City Manager
unless all of the following findings are made based on substantial evidence:
1. The cultivation, as proposed, will comply with all of the requirements of the State
and City for the cultivation of medical cannabis.
Page 19
2. The cultivation complies with the locational requirements of the Zoning
Ordinance. The location of each medical cannabis collective or cooperative approved
pursuant to Chapter 5.35 shall be deemed an existing location subject to the provisions
of this Chapter.
3. The cultivation, as approved and conditioned, will not result in significant
unavoidable impacts on the environment.
4. The cultivation includes adequate measures that minimize use of water for
medical cannabis cultivation at the site.
5. The cultivation includes adequate measures to address the projected energy
demand for medical cannabis cultivation at the site.
6. The cultivation includes adequate quality control measures to ensure medical
cannabis cultivated at the site meets industry standards.
7. The cultivation includes adequate measures that address the federal
enforcement priorities for cannabis activities including restricting access to minors,
prohibiting use or possession of firearms for security purposes at the premises, and
ensuring that medical cannabis and medical cannabis products are not supplied to
unlicensed and unpermitted persons within the State and not distributed out of state-
B. In addition to any other conditions and mitigation measures required by the City
Manager, all of the following conditions shall apply to all permits for medical cannabis
cultivation-
1. The owner and permittees shall allow access to cultivation sites and access to
records if requested by the City, its officers, or agents, and shall pay for an annual
inspection in an amount to be determined by City Council resolution and submit to
inspections from the City or its officers to verify compliance with all relevant rules,
regulations, and conditions.
2. The applicant, owner, and permittees agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine compliance
with this Chapter by any enforcement officer of the City or their designee.
3. The applicant for the cultivation and the owner shall indemnify, defend, and hold
the City harmless from any and all claims and proceedings relating to the approval of the
permit or relating to any damage to property or persons stemming from the commercial
medical cannabis activity.
4. The owner shall be responsible for ensuring that all commercial medical
cannabis activities at the site operate in good standing with all permits and licenses
required by the City of Palm Springs Code and State law. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting commercial
medical cannabis activities at the site who do not maintain permits or licenses in good
standing with the City or State shall be grounds for the suspension or revocation of the
permit pursuant to this Chapter.
Page 20
6. The cultivation activities shall be maintained in accordance with the operating
plans as approved by the City.
Section 5.45.097. Required Findings and Conditions for Manufacturing.
A. A permit for medical cannabis manufacturing shall not be granted by the City Manager
unless all of the following findings are made based on substantial evidence:
1. The manufacturing facility, as proposed, will comply with all of the requirements
of the State and City for the medical cannabis manufacturing.
2. The manufacturing facility complies with the locational requirements of the
Zoning Ordinance.
3. The manufacturing, as approved and conditioned, will not result in significant
unavoidable impacts on the environment.
4. The manufacturing includes adequate quality control measures to ensure
medical cannabis manufactured at the site meets industry standards.
5. The manufacturing facility does not pose a significant threat to the public or to
neighboring uses from explosion or from the release of harmful gases, liquids, or
substances.
6. The manufacturing operations plan includes adequate measures that address the
federal enforcement priorities for cannabis activities including providing restrictions on
access to minors, prohibiting use or possession of firearms for security purposes at the
premises, and ensuring that medical cannabis and medical cannabis products are
obtained from and supplied only to other permitted licensed sources within the State.
D. In addition to any other conditions and mitigation measures required by the City
Manager, all of the following conditions shall apply to all permits for medical cannabis
manufacturing:
1. The owner and permittees shall allow access to the facility and access to records
if requested by the City, its officers, or agents, and shall pay for an annual inspection
and submit to inspections from the City or its officers to verify compliance with all
relevant rules, regulations, and conditions.
2. The applicant, owner, and permittees agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine compliance
with this Chapter from any enforcement officer of the City or their designee.
3. The applicant and permitees for the manufacturing facility and the owner shall
indemnify, defend, and hold the City harmless from any and all claims and proceedings
relating to the approval of the permit or relating to any damage to property or persons
stemming from the commercial medical cannabis activity.
4. The owner shall be responsible for ensuring that all commercial medical
cannabis activities at the site operate in good standing with all permits and licenses
required by the City of Palm Springs Code and State law. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting commercial
medical cannabis activities at the site who do not maintain permits or licenses in good
Page 21
standing with the City or State shall be grounds for the suspension or revocation of a
permit pursuant to this Chapter..
5. The manufacturing facilities and activities shall be maintained in accordance with
the operating plans approved by the City.
Section 5.45.098. Required Findings and Conditions for Testing Facilities.
A. A permit for a medical cannabis testing facility shall not be granted by the City Manager
unless all of the following findings are made based on substantial evidence:
1. The testing facility, as proposed, will comply with all of the requirements of the
State and City for the medical cannabis manufacturing.
2. The testing facility complies with the locational requirements of the Zoning
Ordinance.
3. The medical cannabis testing, as approved and conditioned, will not result in
significant unavoidable impacts on the environment.
4. The owners, permittees, operators, and employees of the testing facility will not
be associated with any other form of commercial medical cannabis activity.
5. The testing facility is accredited by an appropriate accrediting agency.
6. Plans for the testing facility demonstrate proper protocols and procedures for
statistically valid sampling methods and accurate certification of medical cannabis and
medical cannabis products for potency, purity, pesticide residual levels, mold, and other
contaminants according to adopted industry standards.
B. In addition to any other conditions and mitigation measures required by the City
Manager, all of the following conditions shall apply to all permits for a medical cannabis testing
facility:
1. The owner and permittees of the testing facility shall allow access to the facility
and access to records if requested by the City, its officers, or agents, and shall pay for
an annual inspection and submit to inspections from the City or its officers to verify
compliance with all relevant rules, regulations, and conditions.
2. The applicant, owner, and permittees agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine compliance
with this Chapter from any enforcement officer of the City or their designee.
3. The applicant for the testing facility and the owner shall indemnify, defend, and
hold the City harmless from any and all claims and proceedings relating to the approval
of the permit or relating to any damage to property or persons stemming from the
commercial medical cannabis activity.
4. The owner shall be responsible for ensuring that all commercial medical
cannabis activities at the site operate in good standing with all permits and licenses
required by the City of Palm Springs Code and State law. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting commercial
medical cannabis activities at the site who do not maintain permits or licenses in good
Page 22
standing with the City or State shall be grounds for the suspension or revocation of a
permit pursuant to this Chapter.
5. The testing facilities and related activities shall be maintained in accordance with
the operating plans approved by the City.
Section 5.45.099. Required Findings and Conditions for Transportation and
Distribution Facilities.
A. A permit for medical cannabis transportation and distribution facility shall not be granted
by the City Manager unless all of the following findings are made based on substantial
evidence:
1. The transportation and distribution facility, as proposed, will comply with all of the
requirements of the State and City for the medical cannabis transportation and
distribution.
2. The transportation and distribution facility complies with the locational requirements of the
Zoning Ordinance. The location of each medical cannabis collective or cooperative
approved pursuant to Chapter 5.35 shall be deemed an existing location subject to the
provisions of this Chapter.
3. The medical cannabis transportation and distribution as approved and
conditioned, will not result in significant unavoidable impacts on the environment.
4. Plans for the distribution facility demonstrate proper protocols and procedures
that address the federal enforcement priorities for cannabis activities including providing
restrictions on access to minors, prohibiting use or possession of firearms for security
purposes at the premises, and ensuring that medical cannabis and medical cannabis
products are obtained from and supplied only to other permitted licensed sources within
the State.
B. In addition to any other conditions and mitigation measures required by the City
Manager, all of the following conditions shall apply to all permits for a medical cannabis
transportation and distribution facility:
1. The owner and permittees of the transportation and distribution facility shall allow
access to the facility and access to records if requested by the City, its officers, or
agents, and shall pay for an annual inspection and submit to inspections from the City or
its officers to verify compliance with all relevant rules, regulations, and conditions.
2. The applicant, owner, and permittees agree to submit to, and pay for, inspections
of the operations and relevant records or documents necessary to determine compliance
with this Chapter from any enforcement officer of the City or their designee.
3. The applicant for the transportation and distribution facility and the owner shall
indemnify, defend, and hold the City harmless from any and all claims and proceedings
relating to the approval of the permit or relating to any damage to property or persons
stemming from the commercial medical cannabis activity.
Page 23
4. The owner shall be responsible for ensuring that all commercial medical
cannabis activities at the site operate in good standing with permits and licenses
required by the City of Palm Springs Code and State law. Failure to take appropriate
action to evict or otherwise remove permittees and persons conducting commercial
medical cannabis activities at the site who do not maintain permits or licenses in good
standing with the City or State shall be grounds for the modification or revocation of a
permit pursuant to this Chapter.
6. The transportation and distribution facilities and activities shall be maintained in
accordance with the operating plans approved by the City.
Section 5.45.100. Commercial Medical Cannabis Permit Renewals.
A. Each commercial medical cannabis permit shall expire one year after the date of its
issuance. Any permit may be renewed by the City Manager upon the submission of a renewal
application by the permittee and upon determination by the City Manager that the applicant
meets the standards for grant of application as provided in this Chapter. At the time of
consideration of a renewal application, the City Manager shall consider compliance with
conditions in the prior term.
B. Any application for renewal shall be filed with the City Manager at least thirty (30)
calendar days before expiration of the permit. If any of the documentation and information
supplied by the applicant pursuant to Section 5.45.080 has changed since the grant of the
permit, applicant shall submit updated information and documentation with the application for
renewal and shall provide such other information as the Director of Planning may require.
C. Any application for renewal shall be denied if:
1. The application is filed fewer than thirty (30)calendar days before its expiration;
2. The permittee fails to conform to the criteria set forth in this Chapter;
3. The permittee is delinquent in payment of City taxes on commercial cannabis
activity; or
4. The permit is suspended or revoked at the time of the application.
D. If a renewal application is denied, an applicant may file a new application pursuant to
this Chapter.
E. An application for renewal shall be not be deemed complete until all application fees
have been paid.
F. If the City Manager intends to deny the renewal, the City Manager shall specify in writing
the reasons for the denial of the renewal, and notify the permittee that the decision shall
become final unless the permittee seeks an appeal pursuant to Chapter 2.05 of this Code within
ten (10) calendar days of the date of service of the City Manager's decision. Service of the
decision shall be provided in accordance with the requirements set forth in Chapter 2.05 of this
Code.
Section 5.45.110 Compliance with Laws.
It is the responsibility of the owners and operators of the medical cannabis business to ensure
that it is, at all times, operating in a manner compliant with all applicable state and local laws,
and any regulations promulgated thereunder. Nothing in this Chapter shall be construed as
Page 24
authorizing any actions which violate state law or local law with respect to the operation of a
medical cannabis business. It shall be the responsibility of the owners and the operators of the
medical cannabis business to ensure that the medical cannabis business is, at all times,
operating in a manner compliant with all applicable state and local laws, the 2008 Attorney
General Guidelines, any subsequently enacted state law or regulatory, licensing, or certification
requirements, and any specific, additional operating procedures or requirements which may be
imposed as conditions of approval of the medical cannabis business permit. Nothing in this
Chapter shall be construed as authorizing any actions which violate state law with regard to the
operation of a medical cannabis business.
Section 5.45.120. Fees and Charges.
A. No person may commence or continue any medical cannabis activity in the City, without
timely paying in full all fees and charges required for the operation of a medical cannabis
activity. Fees and charges associated with the operation of a medical cannabis activity shall be
established by resolution of the City Council to recover the cost of administration of this Chapter
and may be amended from time to time. Permit applicants and permittees are responsible for
the costs of inspections, investigations, and any other fee-associated activity established
pursuant to this Chapter.
B. All medical cannabis businesses authorized to operate under this Chapter shall pay all
sales, use, business and other applicable taxes, and all license, registration, and other fees
required under federal, state and local law. Each medical cannabis businesses shall cooperate
with City with respect to any reasonable request to audit the medical cannabis business' books
and records for the purpose of verifying compliance with this section, including but not limited to
a verification of the amount of taxes required to be paid during any period.
Section 5.45.130. Transfers of Commercial Medical Cannabis Permits.
A. No person shall operate a medical cannabis business at any location other than the
location specifically authorized and identified on the City issued medical cannabis business
permit.
B. Transfer, conveyance, or sale of any or all ownership interests or control of a medical
cannabis business or transfer any medical cannabis business permit issued under this Chapter
may only be made to a person who has applied for and has been issued a medical cannabis
permit or permits pursuant to the provisions of this Chapter and is otherwise fully qualified to
operate a medical business in the City and approved by the City Manager. Any attempt to
transfer medical cannabis business permit or an ownership interest in a medical cannabis
business in violation of this Section shall render the medical cannabis business permit for the
medical cannabis business and all rights to operate such business in the City void.
C. A commercial medical cannabis permit is issued to and covers only the permittee
identified on the permit with respect to the premises identified on the permit. The commercial
medical cannabis permit does not run with the land.
D. In any situation where a permit has been lost as a result of an attempted transfer of the
medical cannabis business permit or of the medical cannabis business, or as a result of the
abandonment or revocation of the permit, any new permit shall be issued using the standard
process for the issuance of permits in the first instance. No preference shall be given to any
person proposed as new owner or assignee by the former permit holder.
Section 5.45.140. Requirements Before Permittee May Commence Operations.
Page 25
A. Prior to commencing operations a medical cannabis business shall obtain a City of Palm
Springs business license.
B. Prior to commencing operations, a medical cannabis business shall be subject to a
mandatory building inspection and must obtain all required permits and approvals which would
otherwise be required for any business of the same size and intensity operating in that zone.
This includes but is not limited to obtaining any required building permit(s), fire department
approvals, County of Riverside Health Department approvals. and other zoning and land use
permit(s) and approvals.
C. Certification from Director of Planning Services. Prior to commencing operations, a
medical cannabis business must obtain a certification from the Director of Planning Services
certifying that the business is located on a site that meets all of the requirements of the City's
Zoning Ordinance.
D. As a condition precedent to the City's issuance of a medical cannabis business permit
pursuant to this Chapter, any person intending to open and operate a medical cannabis
business shall provide sufficient evidence of the legal right to occupy and to use the proposed
location. In the event the proposed location will be leased from another person, the applicant
shall provide a signed and notarized statement from the owner of the property, acknowledging
that the property owner has read this Chapter and consents to the operation of the medical
cannabis business on the owner's property.
E. To the fullest extent permitted by law, the City of Palm Springs shall not assume any
liability whatsoever with respect to having issued a medical cannabis business permit pursuant
to this Chapter or otherwise approving the operation of any medical cannabis business. As a
condition to the approval of any medical cannabis business permit, the applicant shall enter into
a written agreement or agreements, in a form approved by the City Attorney before any medical
cannabis business permit regarding the following:
1. Applicant shall agree to indemnify, defend (at applicant's sole cost and expense),
and hold the City of Palm Springs, and its officers, officials, employees, representatives,
and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or
losses which arise out of, or which are in any way related to, the City's issuance of the
medical cannabis business permit, the City's decision to approve the operation of the
medical cannabis business or activity, to process used by the City in making its decision,
or the alleged violation of any federal, state or local laws by the medical cannabis
business or any of its officers, employees or agents.
2. Maintain insurance at coverage limits, and with conditions thereon as
determined necessary and appropriate from time to time by the City Manager.
3. Reimburse the City of Palm Springs for all costs and expenses, including but not
limited to attorney fees and costs and court costs, which the City of Palm Springs may
be required to pay as a result of any legal action of any kind related to the applicant's
medical cannabis business permit, or related in any way any activity of the applicant in
conjunction with the operation of the any medical cannabis activity. The City of Palm
Springs may, at its sole discretion, participate at its own expense in the defense of any
such action, but such participation shall not relieve any of the obligations imposed
hereunder.
Page 26
4. Applicant shall keep the City and law enforcement updated with the names,
addresses, and relevant criminal histories of all employees, facility managers, and other
relevant parties for the medical cannabis business at all times. Relevant criminal
histories shall include any drug-related or felony convictions, the nature of such
offenses, and the sentences received for such convictions.
5. Permits issued pursuant to this Chapter are not transferable to any third parties
except as provided in Section 5.45.120.
Section 5.43.200. Commercial Medical Cannabis Operating Requirements.
A. Throughout the term of the commercial medical cannabis permit, each permittee shall
not violate this Chapter and shall comply with all of the following:
1. It shall be a violation of this Chapter for a permittee to cultivate, process,
manufacture, test, distribute, transport, deliver, provide or allow to be provided cannabis
to any person except those persons who are qualified patients or primary caregivers who
are in possession of an identification card, or have a verifiable written recommendation
from a licensed physician for medical cannabis.
2. Each permittee of a medical cannabis business shall maintain accurate books
and records, detailing all of the revenues and expenses of the business, and all of its
assets and liabilities. On no less than an annual basis (at or before the time of the
renewal of a medical cannabis business permit issued pursuant to this Chapter), or at
any time upon reasonable request of the City, each medical cannabis business shall file
a sworn statement detailing the number of sales by the medical cannabis business
during the previous twelve month period (or shorter period based upon the timing of the
request), provided on a per-month basis. The statement shall also include gross sales
for each month, and all applicable taxes paid or due to be paid.
3. Each permittee of a medical cannabis business shall maintain a current register
of the names and the contact information (including the name, address, and telephone
number) of anyone owning or holding an interest in the medical cannabis business, and
separately of all the officers, managers, employees, agents and volunteers currently
employed or otherwise engaged by the medical cannabis business. The register
required by this paragraph shall be provided to the City Manager or his/her designee(s)
upon a reasonable request.
4. The permitee shall post or cause to be posted on site all required city and state
permits and licenses required to operate. Such posting shall be in a central location,
visible to the patrons, at the operating site, and in all vehicles that deliver or transport
medical marijuana.
5. Each permittee of a medical cannabis business shall maintain a record of all
persons, patients, collectives and primary caregivers served by the medical cannabis
business, for a period of no less than four(4)years.
6. Each permittee of a medical cannabis business shall maintain an inventory
control and reporting system that accurately documents the present location, amounts,
and descriptions of all cannabis and cannabis products for all stages of the growing and
production or manufacturing, laboratory testing and distribution processes until purchase
by or distribution to a qualified patient or primary caregiver.
Page 27
7. Subject to any restrictions under the Health Insurance Portability and
Accountability Act (HIPPA) regulations, each medical cannabis business shall allow City
of Palm Springs officials to have access to the business's books, records, accounts,
together with any other data or documents relevant to its permitted medical cannabis
activities, for the purpose of conducting an audit or examination. Books, records,
accounts, and any and all relevant data or documents will be produced no later than
twenty-four (24) hours after receipt of the City's request, unless otherwise stipulated by
the City.
8. The permittee shall maintain clear and adequate records and documentation
demonstrating that all cannabis or cannabis products have been obtained from and are
provided to other permitted and licensed cannabis operations. The City shall have the
right to examine, monitor, and audit such records and documentation, which shall be
made available to the City upon request.
9. All medical cannabis manufacturing facilities shall operate within a legal structure
that is compliant with all applicable State and local laws.
10. All medical cannabis businesses must pay all applicable sales taxes and fees
pursuant to all federal, State, and local laws and the owner and/or operator shall not be
delinquent in the payment of such taxes and fees.
11. On-site smoking, ingestion, or consumption of cannabis or alcohol shall be
prohibited on the premises of all medical cannabis manufacturing facilities. The term
"premises" as used in this Subsection includes the actual medical cannabis
manufacturing building, as well as any accessory structures and parking areas. The
medical cannabis manufacturing facility building entrance shall be clearly and legibly
posted with a notice indicating that smoking, ingesting, or consuming cannabis or
alcohol on the premises or in the vicinity of the facility is prohibited.
12. Signage for all medical cannabis manufacturing facilities shall be limited to name
of business only, shall be in compliance with the City's sign code, and shall contain no
advertising of any companies, brands, products, goods, or services. Signage shall not
include any drug-related symbols.
13. Alcoholic beverages shall not be sold, stored, distributed, or consumed on the
premises. Medical cannabis manufacturing facilities shall not hold or maintain a license
from the State Department of Alcohol Beverage Control to sell alcoholic beverages, or
operate a business that sells alcoholic beverages. In addition, alcoholic beverages shall
not be provided, stored, kept, located, sold, dispensed, or used on the premises of any
medical cannabis manufacturing facility.
14. Physician services shall not be provided on the premises. "Physician services"
includes without limitation the evaluation of patients for the issuance of a medical
marijuana recommendation or card. "Physician services' does not include social
services, including counseling, help with housing and meals, hospice, and other care
referrals which may be provided on site.
15. The building in which any medical cannabis business facility is located, as well as
the operations as conducted therein, shall fully comply with all applicable rules,
regulations, and laws including, but not limited to, zoning and building codes, the City's
business license ordinances, the Revenue and Taxation Code, the Americans with
Disabilities Act, and the MCRSA. Compliance with all requirements of State law
pertaining to medical cannabis manufacturing is also required.
Page 28
16. The canopy area of medical cannabis located at any premises shall not exceed
the maximum canopy limits set by State law and the limits set forth in City's use permit
issued pursuant to Title 20 or Title 21 of the Palm Springs Municipal Code. The
commercial medical cannabis permit shall specify the canopy limit allowed by the permit.
17. No person who is less than eighteen (18) years of age may be employed or
otherwise engaged in the operation of the permittee. No person under the age of
eighteen (18) shall be allowed on the premises.
18. Odor prevention devices and techniques, such as a ventilation system with a
carbon filter, shall be incorporated to ensure that odors from cannabis are not detectable
off site.
19. No medical cannabis or medical cannabis products, or graphics depicting
cannabis or cannabis products shall be visible from the exterior of the premises.
20. All medical cannabis and medical cannabis products shall be stored in a secured
and locked safe room, safe or vault, and in a manner to prevent diversion, theft, and
loss, except for limited amounts of cannabis used for display purposes, samples or
immediate sale.
21. Each permittee shall be responsible and liable for safety and security in and
around the commercial medical cannabis operation, and shall provide adequate security
on the premises, including lighting and alarms, to ensure the safety of persons and to
protect the premises from theft and other crimes. Each permittee shall install and
maintain in proper working order, video monitoring equipment capable of providing
surveillance of both interior and exterior areas of the permitted establishment. Each
permittee shall maintain such surveillance video tapes for a period of at least thirty (30)
days and shall make such videotapes available to the City upon demand.
22. Each permittee shall provide the City Manager with the name, telephone number,
facsimile number, and e-mail address of a community relations contact to whom the
public can provide notice of problems associated with the commercial medical cannabis
operation. The permittee shall make a good faith effort to resolve problems without the
need for intervention by the City.
23. Any new supervisors, employees or other persons otherwise engaged in the
operation of the commercial medical cannabis operation must submit their information to
the City Manager within ten (10) days prior to their new ownership, employment or
engagement, including fingerprints and other necessary information for a criminal
background check.
24. No supervisor, employee, or other persons otherwise engaged in the operation of
the commercial medical cannabis operation may have been convicted of a felony or a
drug related misdemeanor reclassified by Section 1170.18 of the California Penal Code
(Proposition 47) within the past ten (10) years. A conviction within the meaning of this
Section means a plea or verdict of guilty or a conviction following a plea of nolo
contendere.
25. The property owner(s) who own(s) the premises where the commercial cannabis
operation is located must at all times have all necessary land use entitlements that run
with the land as required by this Code and the land use entitlements must be operative.
26. When applicable, the permittee must legally hold all required State licenses
under the Medical Marijuana Regulation and Safety Act (Business and Professions Code
Section 19300 et seq.), as it may be amended, and under all other applicable State laws.
Page 29
27. The permittee shall comply with all required city permits, state licenses, city
regulations, and state laws and regulations, including without limitation, City building,
zoning, and health codes. The owner shall be responsible for the payment of all
required inspection fees, permit fees, and taxes. with all applicable Federal, State and
local laws, ordinances and regulations.
28. No permittee shall display upon or in proximity to, or referring to the location or
premises of the medical cannabis facility, use, publish, or exhibit, or permit to be used,
or published, any sign, advertisement, display, notice, symbol ,or other device which
uses misleading, deceptive, or false advertising. No permittee shall falsely represent,
claim, or advertise the content, nature, quality, attributes, or effects of any product or
service provided by, or on the premises of, the commercial cannabis operation-
B. A permittee shall comply with the following cultivation, manufacture, waste, and storage
requirements:
1. Each permittee must follow all pesticide use requirements of local, State and
Federal law.
2. Each permittee must maintain all weighing devices in compliance with local,
State or Federal law and comply with Chapter 7.60 of the Palm Springs Municipal Code
regarding device registration with the City.
3. Each permittee must follow all local, State and Federal requirements for waste
disposal.
4. In no case shall any hazardous, flammable or explosive substances be used to
process or manufacture cannabis products on site.
5. Pesticides and fertilizers shall be properly labeled and stored to avoid
contamination through erosion, leakage, or inadvertent damage from rodents, pests, or
wildlife.
6. All food products, food storage facilities, food-related utensils, equipment and
materials shall be approved, used, managed and handled in accordance with Sections
113700-114437 of the California Health and Safety Code, and California Retail Food
Code. All food products shall be protected from contamination at all times, and all food
handlers must be clean, in good health and free from communicable diseases.
7. Baked products (e.g., brownies, bars, cookies, etc.), tinctures, and other non-
refrigerated type items may be sold or distributed at a medical cannabis business.
C. At any time and without notice, City officials may enter the premises for the purpose of
observing compliance of the commercial medical cannabis operation with this Section, including
access to and inspection of the commercial medical cannabis operation's records, books,
accounts, financial data, and any and all data relevant to its permitted activities for the purpose
of conducting an audit or examination.
D. It is unlawful for any person having any responsibility over a commercial medical
cannabis operation to refuse to allow, impede, obstruct, or interfere with an inspection, or the
review of the copying of records and monitoring (including recordings) including, but not limited
to, the concealment, destruction, and falsification of any recordings or records.
Section 5.45.205. Miscellaneous Operating Requirements.
A. Additional Requirements for Dispensaries.
Page 30
1. Dispensaries shall be located only in zoning districts that specifically provide for
this use.
2. Dispensaries shall implement and maintain sufficient security measures to both
deter and prevent unauthorized entrance into areas containing cannabis or cannabis
products in compliance with Section 19334 of the California Business and Professions
Code and any rules promulgated by the licensing authority. Security measures shall
include, but are not limited to, the following:
a. Prevent individuals from loitering on the premises of the dispensary if they
are not engaging in activity expressly related to the operations of the dispensary;
b. Establish limited access areas accessible only to authorized dispensary
personnel;
C. Store all cannabis and cannabis products in a secured and locked safe
room, safe, or vault, and in a manner as to prevent diversion, theft, and loss,
except for limited amounts of cannabis and cannabis products used for display
purposes, samples or immediate sale;
d. Install security cameras on site; and
e. Provide for on-site security personnel meeting the requirements and
standards contained within Chapter 5.52 of the Palm Springs Municipal Code.
On-site security shall not carry firearms or other lethal weapons.
3. If the dispensary operations are proposed to include delivery, all employees of a
dispensary delivering medical cannabis or medical cannabis products shall carry a copy
of the documentation listed below when making deliveries. This information shall be
provided upon request to law enforcement officers and to employees of state and local
agencies enforcing this Chapter.
a. A copy of the dispensary's current permits, licenses, and entitlements
authorizing them to provide delivery services;
b. The employee's government-issued identification;
c. A copy of the delivery request; and
d. Chain of custody records for all goods being delivered.
4. Dispensaries shall ensure that all cannabis and cannabis products at the
dispensary are cultivated, manufactured, transported, distributed, and tested by licensed
and permitted facilities that maintain operations in full conformance with state and local
regulations.
5. Dispensaries shall not distribute any medical cannabis or medical cannabis
product unless the medical cannabis and medical cannabis products are labeled and in
a tamper-evident package in compliance with Section 19347 of the California Business
and Professions Code and any additional rules promulgated by the licensing authority
and such label shall include the name and contact information of the dispensary that
dispensed the medical cannabis.
6. Possession or delivery of any other form of illegal drugs without proper legal
authorization shall be grounds for revocation of permits.
B. Additional Requirements for Medical Cannabis Cultivation.
Page 31
1. Medical cannabis cultivation shall be located only in zoning districts that
specifically provide for this use.
2. Medical cannabis cultivation shall comply with all of the following regulations:
a. Until a program for the identification of permitted medical marijuana plants
at a cultivation site is created by the California Department of Food and
Agricultural, cultivators shall implement a City approved unique identification
protocol. Unique identifiers shall be attached at the base of each plant and shall
be traceable through the supply chain back to the cultivation site. Once a state
program has been established, all cultivation activities permitted under this
Chapter shall comply with the state requirements for unique identifiers and the
trace and track program.
b. Security measures sufficient to restrict access to only authorized
personnel and to deter trespass and theft of medical cannabis or medical
cannabis products shall be provided and maintained. If on-site security is utilized,
such on-site security shall not use or possess firearms or other lethal weapons.
C. Pesticides and fertilizers shall be properly labeled and stored to avoid
contamination through erosion, leakage, or inadvertent damage from rodents,
pests, or wildlife.
d. Water conservation measures, water capture systems, or grey water
systems shall be incorporated in medical cannabis cultivation operations in order
to minimize use of water where feasible.
e. On-site renewable energy generation shall be required for all indoor
medical cannabis cultivation activities, if feasible. Renewable energy systems
shall be designed to have a generation potential equal to or greater than one-half
of the anticipated energy demand.
f. Cannabis plants shall not be visible from offsite. No visual markers
indicating that cannabis is cultivated on the site shall be visible from offsite.
g. The owner shall ensure that the total canopy size of medical cannabis
cultivated at the site does not exceed the cumulative canopy size authorized by
State law or regulation. The owner and its licensees and permittees, operating on
a site permitted pursuant to this Chapter, and with a commercial medical
cannabis permit required pursuant to this Chapter, shall ensure that the total
canopy size of cannabis cultivation does not individually exceed the amounts
authorized by City permits and State law.
C. Additional Requirements for Medical Cannabis Manufacturing.
1. Medical cannabis manufacturing shall be located only in zoning districts that
specifically provide for this use.
2. Regulations. Medical cannabis manufacturing shall comply with all of the
following regulations:
a. The manufacturing of food or other products infused with or which
otherwise contain cannabis may be manufactured within the appropriate
manufacturing zoning districts subject to the regulations set forth in this Chapter,
and subject to whatever additional regulations may be promulgated hereunder by
an ordinance or resolution of the City Council. Except as otherwise provided in
this Chapter, all cannabis manufacturing within the City is prohibited.
Page 32
b. Medical cannabis manufacturing is a use permitted subject to a land use
permit only on properties within specific zone districts as expressly provided in
the City's Zoning Code.
C. Medical cannabis manufacturing facilities may be located within the same
building or structure as an indoor medical cannabis cultivation facility only if the
medical cannabis manufacturing facility is located in separate rooms of the
building or structure, and only if the medical cannabis manufacturing facility has
its own separate entrance into the building or structure.
d. Subject to the further requirements of this Section, only State
manufacturer license classification type 6 level 1 will be allowed to operate in the
City using nonvolatile solvents in accordance with the MCRSA and Business and
Professions Code Sections 19300.7 and 19341. The Health Official shall
determine if manufacturing operations are"volatile."
e. All cannabis manufacturing operations shall ensure that cannabis is
obtained from permitted and licensed cultivation sources and shall implement
best practices to ensure that all manufactured cannabis products are properly
stored, labeled, transported, and inspected prior to distribution at a legally
permitted and licensed dispensary.
f. Security measures sufficient to restrict access to only authorized
personnel and to deter trespass and theft of medical cannabis or medical
cannabis products shall be provided and maintained. Security measures shall
include, but are not limited to, the following:
i. Prevent individuals from loitering on the premises of the
manufacturing facility if they are not engaging in activity expressly related
to the operations of the manufacturing facility;
ii. Store all cannabis and cannabis products in a secured and locked
safe room, safe, or vault, and in a manner as to prevent diversion, theft,
and loss;
iii. Install security cameras on site; and
iv. Provide for on-site security personnel meeting the requirements
and standards contained within Chapter 5.52 of the Palm Springs
Municipal Code. On-site security shall not use or possess firearms or
other lethal weapons.
g. Any employees of a medical cannabis manufacturing facility operating
potentially hazardous equipment shall be trained on the proper use of equipment
and on the proper hazard response protocols in the event of equipment failure. In
addition, employees handling edible cannabis products or ingredients shall be
trained on proper food safety practices.
h. Medical cannabis manufacturing is allowed only within fully enclosed and
secure structures that are inaccessible to minors.
i. Medical cannabis manufacturing shall not exceed the square footage
authorized pursuant to the Land Use Permit.
j. From any public right-of-way, there shall be no visible exterior evidence of
any medical cannabis manufacturing activity.
Page 33
k. Medical cannabis manufacturing shall not adversely affect the health or
safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic,
vibration, or other impacts, and shall not be hazardous due to use or storage of
materials, processes, products, or wastes.
I. All medical cannabis manufacturing facilities shall fully comply with all of the
applicable restrictions and mandates set forth in State law. All medical cannabis
manufacturing facilities shall comply with all size requirements for such facilities
as imposed by State law. Medical cannabis manufacturing facilities shall not
engage in any activities not allowed by medical cannabis manufacturing facilities
pursuant to State law. All medical cannabis manufacturing facilities shall comply
with all horticultural, labeling, processing, and other standards required by State
law.
m. There is no set restriction on the hours of operation of medical cannabis
manufacturing facilities; however, restricted hours of operation may be
established as a condition of approval of the manufacturing permit or the
applicable Land Use Permit.
n. Medical cannabis manufacturing facilities shall not distribute, sell,
dispense, or administer cannabis from the facility to the public. Medical cannabis
manufacturing facilities shall not be operated as medical cannabis dispensaries.
o. The operators of all medical cannabis manufacturing facilities shall
provide the City Manager with the name, phone number, facsimile number, and
email address of an on-site representative to whom the City and the public can
provide notice if there are any operational problems associated with the medical
cannabis manufacturing facility. All medical cannabis manufacturing facilities
shall make every good faith effort to encourage residents and the public to call
this representative to resolve any operational problems before any calls or
complaints are made to the City or law enforcement.
p. All finished products produced by a medical cannabis manufacturing
facility must be labeled in compliance with the MCRSA, Business and Profession
Code Section 19347, and the labeling requirements outlined by the State
Department of Public Health.
q. All finished products produced by a medical cannabis manufacturing
facility must be packaged in child resistant containers prior to leaving the facility
or becoming commercially available in accordance with the MCRSA, Business
and Profession Code Section 19347, the State Department of Public Health
regulations, and other applicable State laws.
r. All batches of final cannabis products must be tested by a qualified third
party testing facility prior to distribution to a dispensary as required by the
MCRSA, Business and Professions Code Sections 19326, 19341, and 19342,
and the State Department of Public Health regulations.
S. Medical cannabis manufacturing facilities shall only use nonvolatile
solvents that have been approved by the State Department of Public Health for
medical cannabis level 1 manufacturing. Until such time as any such nonvolatile
solvents are approved by the State Department of Public Health for medical
cannabis level 1 manufacturing, medical cannabis manufacturing facilities shall
only use nonvolatile solvents that have been approved by the Food and Drug
Page 34
Administration for the processing and preparation of botanical dietary
supplements or food grade products.
t. All processing and analytical testing devises used for medical cannabis
manufacturing facilities must be UL listed, or otherwise approved for the intended
use by the City's Building Official or the Fire Department. Any processing devices
using only non-pressurized water are exempt from such approval.
U. Unless otherwise prohibited, all processing devices used by a medical
cannabis manufacturing facility that utilize hydrocarbons or otherwise flammable
solvents must operate in a closed loop, or in such a way that all solvent material
is recovered in the process. All hazardous material must be disposed of in a
manner which is compliant with all local, State, and federal guidelines for the
disposal of hazardous materials.
D. Additional Requirements for Medical Cannabis Testing Facilities.
1. Medical cannabis testing facilities shall be located only in zoning districts that
specifically provide for this use.
2. Medical cannabis testing facilities shall comply with all of the following
regulations:
a. Medical cannabis testing facilities shall be located only in zoning districts
that specifically provide for this use.
b. Medical cannabis testing facilities shall be independent from all other
persons and entities involved in the medical cannabis industry.
C. Security measures sufficient to restrict access to only authorized
personnel and to deter trespass and theft of medical cannabis or medical
cannabis products shall be provided and maintained. Security measures shall
include, but are not limited to, the following:
i. Prevent individuals from loitering on the premises of the testing
facility if they are not engaging in activity expressly related to the
operations of the testing facility,
ii. Store all cannabis and cannabis products in a secured and locked
safe room, safe, or vault, and in a manner as to prevent diversion, theft,
and loss;
iii. Install security cameras on site; and
iv. Provide for on-site security personnel meeting the requirements
and standards contained within Chapter 5.52 of the City of Palm Springs
Code. On-site security shall not use or possess firearms or other lethal
weapons.
d. Medical cannabis testing facilities shall adopt standard operating
procedures using methods consistent with general requirements for the
competence of testing and calibration activities, including sampling, using
standard methods established by the International Organization for
Standardization, specifically ISO/IEC 17020 and ISO/IEC 17025 to test medical
cannabis and medical cannabis products that are approved by an accrediting
body that is a signatory to the International Laboratory Accreditation Cooperation
Mutual Recognition Arrangement.
Page 35
e. Medical cannabis testing facilities shall obtain samples for testing
according to a statistically valid sampling method.
f. Medical cannabis testing facilities shall analyze samples according to
either the most current version of the cannabis inflorescence monograph
published by the American Herbal Pharmacopoeia or a scientifically valid
methodology that is demonstrably equal or superior to the most recent cannabis
inflorescence monograph.
g. If a test result falls outside the specifications authorized by law or
regulation, the medical cannabis testing facility shall follow a standard operating
procedure to confirm or refute the original result.
h. Medical cannabis testing facilities shall destroy the remains of any
samples of medical cannabis or medical cannabis product tested upon
completion of the analysis.
i. A licensed testing laboratory shall issue a certificate of analysis for each
lot, with supporting data, to report both of the following:
i. Whether the chemical profile of the lot conforms to the
specifications of the lot for compounds, including, but not limited to, all of
the following:
(1) Tetrahydrocannabinol (THC).
(2) Tetrahydrocannabinolic Acid (THCA).
(3) Cannabidiol (CBD).
(4) Cannabidiolic Acid (CBDA).
(5) The terpenes described in the most current version of the
cannabis inflorescence monograph published by the
American Herbal Pharmacopoeia.
(6) Cannabigerol (CBG).
(7) Cannabinol (CBN).
(8) Any other compounds required by the Department of
Public Health.
ii. That the presence of contaminants does not exceed the levels
that are the lesser of either the most current version of the American
Herbal Pharmacopoeia monograph or those set by the California
Department of Public Health. For purposes of this paragraph,
contaminants include, but are not limited to, all of the following:
(1) Residual solvent or processing chemicals.
(2) Foreign material, including, but not limited to, hair, insects,
or similar or related adulterant.
(3) Microbiological impurity, including total aerobic microbial
count, total yeast mold count, P. aeruginosa, aspergillus
spp., s. aureus, aflatoxin B1, B2, G1, or G2, or ochratoxin
A.
Page 36
(4) Whether the batch is within specifications for odor and
appearance-
E. Additional Requirements for Medical Cannabis Transportation and Distribution.
1. Medical cannabis transportation and distribution facilities shall be located only in
zoning districts that specifically provide for this use.
2. Medical cannabis transportation and distribution facilities shall comply with all of
the following requirements.
a. Medical cannabis and medical cannabis products shall only be
transported between permitted and licensed commercial medical cannabis
operations.
b. Prior to transporting medical cannabis or medical cannabis products, the
transporter shall complete an electronic shipping manifest. The shipping manifest
shall include the unique identifier information from the cultivation source.
C. A physical copy of the shipping manifest shall be maintained during
transportation and shall be made available upon request to law enforcement or
any agents of the State or City charged with enforcement of this Chapter.
d. Distribution facilities shall maintain appropriate records of transactions
and shipping manifests. An organized and clean method of storing and
transporting medical cannabis and medical cannabis products shall be provided
to maintain a clear chain of custody.
e. Security measures sufficient to restrict access to only authorized
personnel and to deter trespass and theft of medical cannabis or medical
cannabis products shall be provided and maintained. Security measures at
distribution facilities shall include, but are not limited to, the following:
i. Prevent individuals from loitering on the premises of the
distribution facility if they are not engaging in activity expressly related to
the operations of the distribution facility;
ii. Store all cannabis and cannabis products in a secured and locked
safe room, safe, or vault, and in a manner as to prevent diversion, theft,
and loss;
iii. Install security cameras on site; and
iv. Provide for on-site security personnel meeting the requirements
and standards contained within Chapter 5.52 of the City of Palm Springs
Code. On-site security shall not use or possess firearms or other lethal
weapons.
f. Distributors shall ensure that appropriate samples of medical cannabis or
medical cannabis products are tested by a licensed testing facility prior to
distribution.
g. Prior to distribution, the distributor shall inspect medical cannabis or
medical cannabis products for quality assurance.
h. Medical cannabis and medical cannabis products shall be packaged and
labeled in accordance with the requirements of state law.
Page 37
i. Alternative fuel vehicles shall be provided as part of a medical cannabis
transportation fleet.
Section 5.45.210. Security Measures
A. A permitted medical cannabis business shall implement sufficient security measures to
deter and prevent the unauthorized entrance into areas containing medical cannabis or medical
cannabis products, and to deter and prevent the theft of medical cannabis or medical cannabis
products at the medical cannabis business. Except as may otherwise be determined by the City
Manager or his/her designee(s), these security measures shall include, but shall not be limited
to, all of the following:
1. Preventing individuals from remaining on the premises of the medical cannabis
business if they are not engaging in an activity directly related to the permitted
operations of the medical cannabis business.
2. Establishing limited access areas accessible only to authorized medical cannabis
business personnel.
3. Except for live growing plants which are being cultivated at a cultivation facility,
all medical cannabis and medical cannabis products shall be stored in a secured and
locked room, safe, or vault. All medical cannabis and medical cannabis products,
including live plants which are being cultivated, shall be kept in a manner as to prevent
diversion, theft, and loss, except for limited amounts of cannabis used for display
purposes or for immediate sale at a dispensary.
4. Installing 24-hour security surveillance cameras and used in an on-going
manner with at least two hundred and forty (240) concurrent hours of digitally recorded
documentation of at least HD-quality in a format approved by the City Manager to
monitor all entrances and exits to and from the premises, all interior spaces within the
medical cannabis business which are open and accessible to the public, and all interior
spaces where cannabis, cash or currency, is being stored for any period of time on a
regular basis, including cultivation areas and any other areas as determined by the City
Manager. The medical cannabis business shall be responsible for ensuring that the
security surveillance camera's footage is remotely accessible by the City Manager or
his/her designee(s), and the City's Police Department, and that it is compatible with the
City's software and hardware. In addition, remote and real-time, live access to the video
footage from the cameras shall be provided to the City Manager or his/her designee(s)
and to the City's police department. Video recordings shall be maintained for a minimum
of ninety(90) days, and shall be made available to the City Manager or law enforcement
upon verbal request. No search warrant or subpoena shall be required to view recorded
materials. Any disruption in security camera images shall be cured expeditiously in good
faith.
5. Panic buttons shall be installed in all medical cannabis businesses.
6. Alarmed with an alarm system that is operated, maintained, and operated by a
reputable security company.
7. Any bars installed on the windows or the doors of the medical cannabis business
shall be installed only on the interior of the building.
Page 38
8. Security personnel must be licensed by the State of California Bureau of Security
and Investigative Services personnel and shall be subject to the prior review and
approval of the City Manager or his/her designee(s), with such approval not to be
unreasonably withheld.
9. Each medical cannabis business shall have the capability to remain secure and
operational during a power outage and shall ensure that all access doors are not solely
controlled by an electronic access panel to ensure that locks are not released during a
power outage.
10. The entrances and all window areas shall be illuminated during evening hours.
The facility shall comply with the City's lighting standards regarding fixture type, wattage,
illumination levels, shielding, etcetera, and shall secure the necessary lighting approvals
and permits as needed.
11. The City Manager and law enforcement shall have the right to enter the indoor
medical marijuana cultivation facility at any time unannounced for the purpose of making
reasonable inspections to observe and enforce compliance with this Section and all laws
of the City and the State-
B. Each medical cannabis business shall identify a designated security representative or
liaison to the City of Palm Springs, who shall be reasonably available to meet with the City
Manager or his/her designee regarding any security related measures or and operational
issues-
C. As part of the application and permitting process each medical cannabis business shall
have a storage and transportation plan, which describes in detail the procedures for safely and
securely storing and transporting all cannabis, cannabis products, and any currency.
D. The medical cannabis business shall cooperate with the City whenever the City Manager
or his designee makes a request, upon reasonable notice to the medical cannabis business, to
inspect or audit the effectiveness of any security plan or of any other requirement of this
Chapter.
E. A medical cannabis business shall notify the City Manager or his/her designee(s) within
twenty-four(24) hours after discovering any of the following:
1. Significant discrepancies identified during inventory. The level of significance
shall be determined by the regulations promulgated by the City Manager or his/her
designee.
2. Diversion, theft, loss, or any criminal activity involving the medical cannabis
business or any agent or employee of the medical cannabis business.
3. The loss or unauthorized alteration of records related to cannabis, registering
qualifying patients, primary caregivers, or employees or agents of the medical cannabis
business.
4. Any other breach of security.
Section 5.45.220. Packaging and Labeling Requirements.
Page 39
Prior to the sale or the delivery of medical cannabis or medical cannabis product the same
shall be labeled and in a tamper-evident packaging. Labels and packages shall at least meet all
of the following minimum requirements:
A. Packages and labels shall not be made to be attractive to children.
B. Product labels shall include the following information displayed in a clear and legible
font:
1. Manufacture date and source;
2. The statement "SCHEDULE I CONTROLLED SUBSTANCE';
3. The statement "KEEP OUT OF REACH OF CHILDREN AND ANIMALS" in bold
typeface;
4. The statement "FOR MEDICAL USE ONLY';
5. The statement "THE INTOXICATING EFFECTS OF THIS PRODUCT MAY BE
DELAYED BY UP TO TWO HOURS" and
6. The statement "THIS PRODUCT MAY IMPAIR THE ABILITY TO DRIVE OR
OPERATE MACHINERY. PLEASE USE EXTREME CAUTION".
C. For packages containing only dried flowers, the net weight of the cannabis in the
package-
D. A warning if nuts or other known allergens are used.
E. List of pharmacologically active ingredients including, but not limited to,
tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid content, the THC and
other cannabinoid amount in milligrams per serving, servings per package, and the THC and
other cannabinoid amount in milligrams for the package total.
F. Clear indication, in bold typeface, that the product contains cannabis.
G. Identification of the source and date of cultivation and manufacture and the name and
business phone number of the permittee seller of the product-
H. Only generic food names may be used to describe edible cannabis products.
Section 5.45.400. General Authority of City Manager
A. The City Manager may delegate an act required to be performed pursuant to this Chapter
to any Code Enforcement Officer or Official of the City, including without limitation the Chief of
Police, the Fire Chief, the Building Official, the Finance Director, the City Attorney, or any
designee of such officers or officials, including day-to-day operations.
B. The City Manager or the City Manager's designees as provided in Subsection A above
shall have all the powers of any peace officer to:
1. Investigate violations or suspected violations of this Chapter, Chapter 5.35,
Chapter 3.35, and Section 93.23.15, and any other laws or regulations pertaining to
Medical Cannabis in this City, and any resolutions or regulations promulgated pursuant
to such provisions, and make arrests, with or without warrant, for any violation thereof, if,
during an officer's exercise of powers or performance of duties pursuant to such laws,
probable cause exists that a crime related to such laws has been or is being committed.
Page 40
2. View, duplicate, and/or take possession of recordings made by the security
cameras shall be made available to the City Manager upon verbal request; no search
warrant or subpoena shall be needed to view the recorded materials.
3. The City Manager shall have the right to enter a medical cannabis business or
facility from time to time unannounced for the purpose of making reasonable inspections
to observe and enforce compliance with this Chapter and all laws of the City and State of
California.
4. Serve all warrants, summonses, subpoenas, administrative citations, notices or
other processes relating to the enforcement of laws regulating Medical Cannabis and
Cannabis-Infused Product.
5. Assist or aid any law enforcement officer in the performance of his or her duties
upon such law enforcement officer's request or the request of other local officials having
jurisdiction.
6. Inspect, examine, or investigate any medical cannabis business and/or facility or
any property where medical cannabis or cannabis-infused product are grown, stored,
cultivated, manufactured, tested, distributed, or sold, and any books and records in any
way connected with any permitted activity.
7. Require any Permittee, upon demand, to permit an inspection of any medical
cannabis business or facility during business hours or at any time of apparent operation,
including without limitation any cannabis equipment, and Cannabis accessories, or
books and records; and, to permit the testing of or examination of medical cannabis or
cannabis-infused product.
8. Require Applicants to submit complete and current applications and fees and
other information the City Manager deems necessary to make permitting decisions and
approve material changes made by any applicant or permittee;
9. Conduct investigations into the character, criminal history, and all other relevant
factors related to suitability of all applicants and permittees for medical cannabis permits
and such other persons with a direct or indirect interest in an applicant or permittee, as
the City Manager may require; and
10. Exercise any other power or duty authorized by law.
C. Applicants and Permittees Shall Cooperate with City Manager Employees
1. Applicants and Permittees must cooperate with employees and investigators of
the City Manager who are conducting inspections or investigations relevant to the
enforcement of laws and regulations related to this Chapter.
2. No Applicant or Permittee shall by any means interfere with, obstruct or impede
the City Manager or employee or investigator of the City Manager from exercising their
duties under the provisions of this Chapter and all rules promulgated pursuant to it. This
would include, but is not limited to:
a. Threatening force or violence against an employee or investigator of the
City Manager, or otherwise endeavoring to intimidate, obstruct, or impede
employees or investigators of the City Manager, their supervisors, or any peace
officers from exercising their duties. The term "threatening force" includes the
threat of bodily harm to such individual or to a member of his or her family;
Page 41
b. Denying employees or investigators of the City Manager access to a
medical cannabis business or facility during business hours or times of apparent
activity;
C. Providing false or misleading statements;
d. Providing false or misleading documents and records;
e. Failing to timely produce requested books and records required to be
maintained by the Permittee; or
f. Failing to timely respond to any other request for information made by the
City Manager in connection with an investigation of the qualifications, conduct or
compliance of an applicant or permittee.
C. Administrative Hold. To prevent destruction of evidence, diversion or other threats to
public safety, while permitting a Permittee to retain its inventory pending further investigation, a
City Manager investigator may order an administrative hold of medical cannabis or cannabis-
infused product pursuant to the following procedure:
1. If during an investigation or inspection of a permittee, the City Manager develops
reasonable grounds to believe certain medical cannabis or cannabis-infused product
constitute evidence of acts in violation of this Chapter or rules promulgated pursuant to
it, or otherwise constitute a threat to the public safety, the City Manager may issue a
notice of administrative hold of any such medical cannabis or cannabis-infused product.
The notice of administrative hold shall provide a documented description of the medical
cannabis or cannabis-infused product to be subject to the administrative hold.
2. The Permittee shall completely and physically segregate the Medical Cannabis or
Cannabis-Infused Product subject to the administrative hold in a separate area of the
Location under investigation, where it shall be safeguarded by the Permittee. Pending
the outcome of the investigation and any related disciplinary proceeding, the Permittee is
prohibited from selling, giving away, transferring, transporting, or destroying the Medical
Cannabis or Cannabis-Infused Product subject to the administrative hold.
3. Following an investigation, the City Manager may lift the administrative hold, order
the continuation of the administrative hold, or seek a Final Agency Order for the
destruction of the Cannabis.
4. Any decision or action of the City Manager pursuant to this Subsection is subject
to appeal pursuant to Section 2.05 of this Code.
D. Voluntary Surrender of Medical Cannabis or Cannabis-Infused Product. A Permittee, prior
to a Final Order and upon mutual agreement with the City Manager, may elect to waive a right
to a hearing and any associated rights, and voluntarily surrender any Medical Cannabis or
Cannabis-Infused Product to the City Manager. Such voluntary surrender may require
destruction of any Medical Cannabis or Cannabis-Infused Product in the presence of a City
Manager.
Section 5.45.410. Suspension or Revocation of Commercial Medical Cannabis Permit.
A. Any of the following shall be grounds for suspension or revocation of a commercial
medical cannabis permit,
1. Failure to comply with one or more of the terms and conditions of the commercial
medical cannabis permit or applicable land use entitlement;
Page 42
2. The commercial medical cannabis permit was granted on the basis of false
material information, written or oral, given willfully or negligently by the applicant;
3. Any act or omission by an owner or permittee in contravention of the provisions
of this Chapter;
4. Any act or omission by a permittee in contravention of State law or the Palm
Springs Municipal Code;
5. Any act or omission by a permittee that results in the suspension or revocation of
the applicable land use permit issued under the Zoning Ordinance for the commercial
medical cannabis activities;
6. Any act or omission by a permittee that results in the denial, revocation or
suspension of the owner's or permittee's State license;
7. An owner's or permittee's failure to take appropriate action to evict or otherwise
remove persons conducting commercial medical cannabis activities who do not maintain
the necessary permits or licenses in good standing with the City or State;
8. Possession or delivery of any other form of illegal drugs without proper legal
authorization;
9. Failure to pay applicable State or City taxes on commercial cannabis activity; or
10. Conduct of the commercial medical cannabis operations in a manner that
constitutes a nuisance, where the owner or permittee has failed to comply with
reasonable conditions to abate the nuisance.
B. The City Manager shall specify in writing the reasons for the suspension or revocation
and notify the permittee that the decision shall become final unless the permittee seeks an
appeal pursuant to Chapter 2.05 of this Code within ten (10) calendar days of the date of
service of the City Manager's decision. Service of the decision shall be provided in accordance
with the requirements set forth in Chapter 2.05 of this Code.
C. In the event a civil action is initiated to obtain enforcement of the decision of the City
Manager or the City Council, and judgment is entered to enforce the decision, the person
against whom the order of enforcement has been entered shall be liable to pay the City's total
costs of enforcement, including reasonable attorney fees.
C. If neither permittee nor owner, nor their authorized representatives, appear at any
noticed hearing, such failure to appear shall constitute an abandonment of the hearing request
and a failure to exhaust administrative remedies.
Section 5.45.420. Service.
Wherever this Chapter requires the City to serve notice to an applicant, permittee, or
property owner such notice shall be given by the City Manager, in writing, and shall be delivered
either by personal delivery or by certified U.S. mail, postage prepaid, return receipt requested.
In addition, any such notice may be posted at the physical address of the premises on the date
of the mailing of notice.
Section 5.45.430. Enforcement and Penalties.
A. The remedies provided by this Chapter are cumulative and in addition to any other
remedies available at law or in equity.
Page 43
B. It shall be unlawful for any person to violate any provision, or to fail to comply with any of
the requirements, of this Chapter. Any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Chapter shall be guilty of a misdemeanor. No
proof of knowledge, intent, or other mental state is required to establish a violation.
C. Any condition caused or allowed to exist in violation of any of the provisions of this
Chapter shall be deemed a public nuisance and shall, at the discretion of City, create a cause of
action for penalty pursuant to Chapters 1.20 and 1.22 of the Palm Springs Municipal Code, and
any other action authorized by law.
D. Each and every violation of this Chapter shall constitute a separate violation and shall be
subject to all remedies and enforcement measures authorized by the Palm Springs Municipal
Code or otherwise authorized by law. Additionally, as a public nuisance, any violation of this
Chapter shall be subject to injunctive relief, disgorgement of any payment to the City of any and
all monies unlawfully obtained, costs of abatement, costs of restoration, costs of investigation,
attorney fees, and any other relief or remedy available at law or in equity. The City may also
pursue any and all remedies and actions available and applicable under State and local laws for
any violations committed by the commercial medical cannabis operator or persons related
thereto, or associated with, the commercial medical cannabis activity.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for
any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance.
The City Council declares that it would have passed this ordinance and each and every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard
to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption
of this Ordinance and shall cause the same, or the summary thereof, to be published and
posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days
after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL
THIS_ DAY OF , 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
Page 44
o z-------- 16THAVE CAMINO AVENTU RA 16THAVE
a J
C MAPLE RD ❑ ❑ ❑
W v�
TAMARACK RD
N `
1 oW ' coIx W DILLON RD�yrWOLVEN ST u � W _
W D Z
,.. Ll�u S ❑ N Z Y
N 18THAVE En
Q �' 1 1fJTHAVE 1BTHAVE z > O
rQI �qT OeeOFF 20THAVE 4 ;; z 0 o m H CLIFTON ST ❑ z
Q O ❑ ,I 19TH AVE Ir m z 19TH AVE a
�/4k LQO p/pELINE RO GgRN i a m 0 w g
q Y W a
.0� --�� �r 2 jam- ,- Fi _ ` G 20TH AVE
19437 Newhall Rd. 21STAVE
\ Desert Organic Solutions O VgRNER fi0
_i S AVE lii
c�OQ EOM NUX RV
q�
tiC�1O
. . TRAMVIEW RD r
IL
� Il 40
T! ROSA PARK S,RD y ( RO
1 w 4 I
S RAFAEL DR :,
FRANCIS DR z ��. �� �(SgRp
142 W. Oasis Rd. RACQUET-CLUB RD w O
C7 ii VERONA RD
Joy of Life Wellness Center t2 s.i- ' ` - 4050 Airport Center Rd.
VIA ESCUELA ❑ QppUIJO;RD CAPS Apothecary
U PEINETA RD PA
W -i' - VISTA CHINO
ul w W Y U)(Xlm�`CHIA RD �11 E f0 46
560 Williams Rd.
' H Q O < 1 Organic Solutions of the
Elk
x Z "S 14M I, ! j Desert
0 y W 0:14 IL D
— -- --- — l 7 Q ALEJO RD Z v t 30TH 1247 S. Gene Autry Trail
O j•-'�% �. Z PS Safe Access
z -I,
[396 E. Sunny Dunes Rd. z C, ♦Sg D� ❑
BARISTO RD a Mt BARISTO RD —r
PS Associated Organics O �1 + , J
w 1' RAMON RD j
i,�■
Y DUNES RD SUNNY DU NES�R CORRAL RD o
111'i
jl W MESQUITE AVE MESQUITErA Lk 33RD AVE
SONORA RD �-, ORTEGA RD
— M 1 Zone ® E-1 Zone M-2 Zone Medical Cannabis Collectives/Cooperatives
M-1 -P Zone C-M Zone A Zone City Boundary 0
SCALE: NTS
RECEIVED
CITY OF PALM SPRING,
From Rick Pantele—December 5, 2016 2116 DEC -5 PM 5-' 04
Questions—Suggestions—Comments from Past Council regarding draft and final reading of
Palm Springs Medical Cannabis Ordinance 1 A ti E 5 i"' `
CITY CLERK
Does or should the city address legitimate doctor recommendations to comply with state law? Patients
shall be required to get new recommendations starting Jan 2018 if I am not mistaken.
Does the ordinance require any wordage regarding a commitment to Compassion care donations?
DELIVERY-(like an in house grow)it must be requirement.
How can we begin to ask patients to not support the illegal marijuana delivery services when they are
not provided theses services from the ALL six licensed collectives/dispensaries?
I believe that Gary at Organic Solutions of the Desert offers his patients that service daily; if they can
provide this valuable service to patients,and make it work,everyone can.
These cost should have been included in startup should have been factored into their original
applications and budget. It is a vital component like the "Collective must gown in house thinking" and
produces way too many incentives to pass up as well;
* pays for itself in time
* operates with a higher profit margin (such as catering vs. sit down)
* provides greater value to patients
* reduces cars on the road, both the smog and congestion are lessened
* many patients don't own a vehicle and rely on others or public transportation
ENFORCEMENT-All these laws are meaningless and toothless without enforcing them.
*The ordinance might consider wordage regarding illegal delivery and plans/procedures to remove an
unlimited number of them operating in city limits selling medication which is not tested or taxed?We
would not allow Rite Aid or Walgreens to do this?
TESTING
*Does the city know the difference between BMS tested cannabis and non—BMS tested cannabis? It is
the only certification that matters when selling medication to patients will various illnesses such as
HIV/AIDS,asthma,etc.
�T t Z A
PATIENT PRIVACY
Cyber security and HIPPA proof of backup of All Digital security records cloud is not enough
IMPACT STUDIES- after 1 year and 5 years to see the effect on police departments patient emergency
room in City cost expenses taxes etc.
LEGAL CANNABIS LOUNGE LICENSE-Direction to staff-a lounge ordinance or including Lounge in the
ordinance and possible rezoning.
PATIENT EMPLOYEE MEDICATION AREA should be permitted now instead of waiting for the state
initiating permission.
CANNABIS SOCIAL CLUBS—Wordage or direction to staff for clarification-social clubs are a trend that is
very popular and will be the precursor to lounges. Currently these are permitted patient's home?
Recommend creation of PALM SPRINGS CANNABIS COMMISSION DEPARTMENT
These new laws and usage will require more staff to be able to adequately handles the volume of NEW
WORK which will be requires going forward.
The legal aspects with the new state law, administrative, processing, paperwork,accounting,auditing,
testing, enforcement, State compliance and taxation.
These are just some of the additional responsibilities of City Hall and adding the proper personnel will
lighten the load in a big way for the city manager's office,clerk's office and additional city services that
will be utilized in the process of creating these huge grow operations and in the foreseeable future.
Backup Plan for new administration that protects the city and patients' rights in all legally viable ways.
Thank you for carefully reviewing these items for consideration and possible implementation.
Rick Pantele-760-641-0732
70171 Cobb Rd. Rancho Mirage CA 92270
v The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262 RECEIVED
760-778-4578/Fax 760-77BA731 CITY OF PALM SPRING
State Of California ss: 2111 DEC —5 AM 7: 59
County of Riverside JAMES THOMPSON
q.IT:Y ,CLERK
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0001753212
1 am over the age of 18 years old, a citizen of
the United States and not a party to, or have`
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
panel) in each and entire issue of said
newspaper and not in any supplement thereof t �, >r �• fi P@_IrER,I�f�ykr� .`
o t a AI
on the following dates, to wit: H Th clT,,pF OA1.M pgiNGS
Newspaper:The Desert Sun l 1 n�$ sack N
aE r PM TH,EPf�C�vIPRrdes4ONi G�ho ur ,�� Qlcn
ZONING TEXT AMEI Q "S CyyLT F `
i SPE SyyES MMAUFALRifG FAgQ 11/26/2016 x of almSP I gs.sCe ljomW wl ublc� n$�oe NOT ICE IS HEREBViC+IJ�N that the City Cou Cinse C)p� kx' � gp° er0ber a1132 .�h
of5,6hrnb r7----he Gity>rodncA mesliri§fi �3 ' W �, a
1-47.�ImSP(in9 } tla �ti `w4 rv. a s rt�d�h 5
ItcavAha.+%aYPt! s b ry .
The pYrpoas of this hearing JJs to consider9n app ,Qjt .„' p�1
I acknowledge that I am a principal clerk of the tpszC)'to accompbsh{ha tallowl0g Estadlah usecrjtego4l end$owaTifa, 0�^9 ��d°�f ° ran YYae m2I
g estePlls FFie edia�l'Ca{mabis Dls�,F- usean�ousm dsoneto ellore r�Yn abY
Merlicel Gehnabis Menufactu n uses. standards of the E IEnergy IndusM g f, r
punter of The Desert Sun, pooled and bepeJ"intned a^dpi`upPa�`m�°ru�"i�0^elon'ad I nt ,r „
published weekly in the City of Palm Springs, ,cum°a{la(�manmacht�rfng� teahngfacllmea
EItVIRONMENTA4 DETEOMINATION )Pdrsuanl to the 9aLtarrpa Enwronme!rtal,4alitY' t y �,te0t(Casa:
County of Riverside, State of California. The Zone Text Amendmsnt,J'-Ae°^deertla7, Pr°le°t staff,ftas determined the the�b t@r
Desert Sun was adjudicated a Newspaper of h �') "'� `essalanduaefegulano^%,
15121 ,E may be deame�pa Egos golly E RmP kom t e ProVlsio s° CEOA�odsa gna 9 l6°ahhang°r ��� n tend Wsa
Umitatlatia of the GNe'mea The prop°sed Zone T°Mf, .'- ant only propy� L I I
general circulation on March 24, 1988 by the t , 1 t .y [aagat
REVIEW OF INFORMATION The'I.,report en8 other�su�portn�docum eaea �1', ca a ,
Superior Court of the County of Riverside, revlewaic� all ties „thehoursofs'ofJamen-111,1 .n,+t itt nsvi On
State of California Case No. 191236. claixa... .. a52Mlryoi('•volidliketo scheduleWapp?i�nr,,,,- ravlewthrtt
per, Frgt'tb'r•
l ' onse to thisnonce basy.,aQe'Verh+allY ai the PMubl'c eanng and/m,�p w.rNnB b8 a,
COMMENTONTIlI$AP.,SgLICATIOt�ba mpdeblhA Chy.Cpu ,2Y ar'N'll, mtyd ark®Pallas rin,¢scago� fte7,'(t°f,
thh1'li6§r1^g Wntfehi% e�emay, v f, i 1 ;Fu "� '
hand dellvery)to S tuL Y 3k I
,; Jamee Thom�sgn CIiCre'rk
I declare under penalty of perjury that the IV k '� q ' a" 4w-ec am-S fly
foregoing is true and correct. Executed on �4y'oaea In court ms b Ica eo ai hb '? �eu aF In e n
9 9 Any cl,at—ge of the Pr i, 'fie -w lrver� th�'Cff Cler 9 fo, apW si a pa*1
nokiPe'or in wntten pb ape
this 26th day of NOVEMBER, 2076 in Palm y.oalre�yea
Springs, Calif a. Mop onGnityY+inpe'�,
lire lanning sRr`c
al tie dfi -for all lydereste'tl �� �
to Fimh Fagg Dueotor of Ph
(700)3�3E245 m i'.,s T">ef's ga �bl ,' n a elAf �4760a1
q '��Y'"'9 �4 a � porJavoralame a la Giudgadytie P m 3 rrl �'y
F323-5253 x 574'� � .@�4 t 13. %t� sSa rt °r^P o GItYCI k,
ti trlh"A Yn} L.E.xt � �1 �. .
4I'
ed>
DeClara
.