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HomeMy WebLinkAbout2006-05-03 STAFF REPORTS 1B Draft excerpt from"ABC's of Medical Marijuana—How and Why to Operate a Medical Cannabis Dispensary" Registering Members Recall that our definition of a dispensary is a collective(or cooperative) organized under state law to promote and facilitate the nonprofit, collaborative association of patients and caregivers engaged in the medical cultivation and use of cannabis. One of the most important elements of a collective is that it is membership based. You can not make a credible claim to be a collective if you do not have a process through which patients and caregivers join your dispensary. The membership process should include recording the patient or caregiver's identity and obtaining their explicit consent to affiliate with the dispensary, but it need not include a membership fee. We will discuss protecting membership data below. There are numerous dispensaries that allow patients and caregivers to enter and receive services after simply displaying a medical cannabis ID card or doctor's letter. This is problematic for two reasons. First, it does not allow for verification of the patient or caregiver's status. Cards and letters can be forged, and you can get in trouble for accepting them! Second,this casual process does not require any real affiliation between the patient or caregiver and the dispensary. Thus,they can not claim the protection offered under the law to collectives of patients and caregivers. Worse still,the dispensary operator has no idea who is coming and going from the dispensary. Dispensary operators have broad latitude in determining who can join their collective. The widest possible membership criteria would allow membership to any legally- qualified patient or caregiver. It is advisable, however, to have a handful of guidelines that otherwise limit membership. You have the legal right to set whatever membership qualifications you chose—so long as they are not discriminatory under the law. No patient or caregiver is entitled to membership simply because he or she has a recommendation. I strongly recommend allowing membership only when a patient meets these criteria: • The patient should have a verifiable written recommendation for medical cannabis use from a California physician who is currently licensed top practice medicine in the state. Oral or unverifiable recommendations are suspect and offer limited protection to the patient and dispensary. • The patient must be able to demonstrate that he or she is a resident of the state of California. Otherwise, he or she is not a legal patient under state law. I recommend requiring a valid California driver's license or DMV ID card. You may choose to accept other forms of ID,but these two are beyond reproach and available to all California residents. Passports do not establish California residency. • The patient should explicitly consent to affiliation(membership)in the collective. This can be as simple as completing a membership registration form. You may chose to issue a dispensary ID card as evidence of membership. Be sure your members understand that an ID card issued by a dispensary does not give them any legal protection and may not be honored by law enforcement. • The patient should have to obey the rules of the dispensary to maintain membership. These rules should be written and provided to the members when they join. =DRAFT FOR REVIEW ONLY * 02006 by Don Duncan * Page 1 of 8 Draft excerpt from"ABC's of Medical Marijuana—How and Why to Operate a Medical Cannabis Dispensary" a The patient should only be a member as long as he or she has an unexpired recommendation and maintains residency in California. Membership should renew annually or whenever the member's doctor letter renews. Some dispensaries were established to serve very select populations of patients. For example, the dispensary may only accept members from a certain city or with a certain diagnosis. This is not illegal so long as the membership criteria do not discriminate against people on the basis of gender, ethnicity, country of origin, sexual orientation, or other illegal basis. A dispensary serving only men would be illegal, while a dispensary serving only cancer patients would not. I have a strong preference for collectives that serve a broader base or members. Many people need safe access, and I do not like setting boundaries that exclude anyone unnecessarily. You should give a great deal of thought to your goals and motives before limiting membership. Caregivers are a controversial topic when it comes to membership. Proposition 215 allows a qualified patient to designate a primary caregiver. This person must be someone who has "consistently provided for the housing, safety, or welfare"of the patient(CA H&S 11362.5). As such, a caregiver should be someone with more than a casual acquaintance with the patient—someone who is actively involved in the patient's life. Family, loved ones, and co-habitants are ideal. Casual friends are not. State law and case law set some additional guidelines for caregivers. These are discussed in greater detail elsewhere. What is important for this topic is that neither the dispensary nor the operator can be a caregiver for all of the members. This is an old strategy that has been negated by the courts (Lungren v. Peron, CA Supreme Court, 1997). Dispensary operators may chose to admit caregivers, but it is a bad idea to admit any caregiver unless his or her patient is already a registered member. Caregivers should also be registered as members, and should only visit the dispensary on behalf of their patient— never for themselves. The caregiver should carry a copy of the patient's doctor letter and proof of his or her designation as a primary caregiver whenever acquiring,transporting, or possessing medication for the patient. Proof of designation may be a letter signed by the patient stapled to the copy of the patient's doctor letter. Some recommending doctors will provide caregiver letters, but this is not sanctioned or required under the law. Keep a careful eye on caregivers. Some patients will designate an unqualified individual as their caregiver so that that person may have access to medication for personal use. As dispensary operators, we are not in a position to prove who is acting as a caregiver in the spirit of Proposition 215 and who is taking advantage. We can, however, stay alert for telltale signs of abuse. Be suspicious if a patient and his or her caregiver visit separately on the same day. This should not be necessary since all of the medication is for the patient. Do not allow the abuse of caregiver status to continue unchecked. This will eventually lead to legal problems and jeopardize your credibility as a lawful dispensary. Some illegitimate caregivers may actually be using cannabis as medicine, but without the required doctor's recommendation. They may have asked a qualified friend to designate them as caregiver so they could enjoy safe access, too. We can not know their motives—maybe they can not afford a doctors visit; maybe they do not know that their condition qualifies; or perhaps they are just trying to exploit a loop hole! A compassionate approach is to offer suspect caregivers an opportunity to get legal. Offer DRAFT FOR REVIEW ONLY 7 V2006 by Don Duncan * Page 2 of 8 Draft excerpt from"ABC's of Medical Marijuana—How and Why to Operate a Medical Cannabis Dispensary" them some educational literature about talking with their primary care doctor or the number for a doctor who specializes in medical cannabis. Be firm about your policies, but polite in helping steer them on the right path. In 2005, a handful of counties began issuing medical cannabis ID cards authorized under CA H&S Code 11362.7 (SB-420). These ID cards provide patients and caregivers immunity from arrest when they are in compliance with the cultivation or possession limits under state law, or higher local limits where applicable. Cities and counties can not establish cultivation and possession limits lower than the state limits. State law allows a patient or caregiver to grow up to 6 mature plants or 12 immature plants, and to possess up to eight ounces of dried medication. A patient's letter of recommendation must be verified before he or she receives a medical cannabis ID card from the county health department. Because this verification process is mandatory and conducted by state personnel, a dispensary operator is justified in accepting a state-issued ID card in lieu of a doctor's letter. The validity of the state issued card can be determined 24 hours per day using the CA Department of Health Services' Internet web site (http://www.calminp.ca.gov/). Nevertheless,the patient should still join the dispensary using the regular membership process discussed below. Remember that the ID cards must be issued by the county health department(or by an agency contracted by the health department)to substitute for a doctor's letter. Cards issued by doctors, dispensaries, or third parties are not sufficient. State issued medical cannabis ID cards are optional under state law and not yet available in most counties. A patient does not have to have a card to be legal, and should not be required to obtain a medical cannabis ID card to join a collective. There are some legitimate patients who will never obtain a card because the fee is too high or they are concerned about privacy. You should always allow patients without cards equal membership in your dispensary. The membership process for a patient begins when he or she presents (1) a letter of recommendation and/or a state issued medical cannabis ID card and(2)a California driver's license or DW ID card at the dispensary. First we will discuss the membership registration process using a letter of recommendation and ID, then we will see how the process differs when a patient presents a medical cannabis ID card in lieu of a recommendation. Remember that you will need both processes to accommodate everyone. You should ask potential members to present an original copy oftheir doctor's letter of recommendation and driver's license on their first visit. The original copy makes it relatively easy to spot alterations (i.e. expiration date or patients name),which can be more easily concealed in a photocopy. The staff person registering the new member should examine the note to be sure that it is, in fact, an unaltered and signed letter of recommendation. Then, make two copies of the letter and the patients ID. Be sure to return the originals and advise the patient to keep the letter safely at home. Give the patient one copy of his or her letter to keep while traveling with medication or visiting the dispensary. Ask the patient to complete and sign a membership registration form(see Attachment 1). The form will collect basic personal data that you will need to contact the member, DRAFT FOR REVIEW ONLY * ©2006 by Don Duncan * Page 3 3f 8 Draft excerpt from"ABC's of Medical Marijuana—How and Why to Operate a Medical Cannabis Dispensary" establish identity, and verify the recommendation. It will also collect data that you need to know who you are serving. You may want to know what cities or counties your members come from, for example. I recommend collecting email addresses as a way to keep members informed about activities, legal developments, and services. This is a great way to build camaraderie and a sense of membership identity among the members. The membership registration form should contain a release statement authorizing you to verify the letter of recommendation. It should also let patients know that they must meet certain criteria and obey the rules to maintain membership. This will be important if you ever have to terminate someone's membership. The registration form is the formal means through which you gain consent for affiliation with the collective and demonstrate the membership based nature of the dispensary. Do not skip this important step. Attach your copy of the patient's letter and ID to the signed registration form. (do not staple it yet because you may have top fax it for verification). Now you must verify the validity of the letter and the doctor's license. Make personal contact with the doctor or his or her agent to verify the letter. Most medical cannabis specialists and clinics have staff members who verify recommendations on the telephone during business hours. Just call the number provided on the letter. Other doctors prefer you to fax the letter and signed release(from you registration form) for verification. Unfortunately, each doctor will have small differences in what they require for verification. You will have to learn these nuisances as you go along. I recommend keeping a Rolodex file on the desk where you verify recommendations. Add each doctor's name and contact information to a card when you get the first letter from hum or her. Then make a note about how he or she likes to verify notes. Notes like "Verify by fax only"or"Include patient's date of birth" will save you a lot of time on the next verification—and they will save the doctor's staff a lot of frustration! Doctors are professional people, and they are accustomed to working with other professionals. Remember that verifying a letter is important business communication that is serious and confidential. You must present yourself as a professional health care worker. Otherwise,the doctor's staff will be uncomfortable and suspicious. Always maintain a professional and courteous demeanor. Deep it short and to the point. They have work to do, too. Be aware that some doctors—especially those who only write a few recommendations—are not accustomed to verifying recommendations. Assure them that this is a routine part of the confidential membership process, and the patient has signed a release authorizing the verification. They may also need to know that you are not with law enforcement or the medical board. This is a sample verification script: "Hello. This is Susan Smith from City Compassion Collective. I am calling to verify a letter of recommendation from Dr. Jones for his patient,Michelle Jordan. Can you help me with that? Great. Ms. Jordan has submitted a letter dated January 10, 2005. Did she visit your office that day to obtain a letter?" "This phone call is part of our routine membership process. Would it be helpful if I faxed a signed release?" Sometimes, doctors will take the information and call you or fax you later with the verification. Make a note on the copy of the letter indicating its status—verified, not DRAFT FOR REVIEW ONLY * ©2006 by Don Duncan *Page 4 of 8 Draft excerpt from"ABC's of Medical Marijuana—How and Why to Operate a Medical Cannabis Dispensary" verified, or pending. If the status is pending, you should indicate why—left message, waiting for doctor, need more information, etc. This makes follow up easier. The second step is to verify the doctor's license. This can be done easily any time of day by visiting the CA Department of Consumer Affairs Internet web site (http://www.medbd.ca.gov/Lookup.htm). You can get the doctor's license information using his or her name or license number(usually listed on the letterhead). Place a bookmark the appropriate web page in your web browser software for easy recall. You will also need to enter the member's data into a database for easy management and to check membership status on future visits. Personal preferences in software are widely divergent. Use whatever database you prefer. I recommend off-the-shelf software because it is usually affordable and user friendly. You are also more likely to find staff already trained to use common software. I like Microsoft Access for PC's and QuatroPro for Mac's. Both of these offer basic database templates that can be easily modified to your needs by anyone reasonable skilled in their use. Your database should contain these fields: • Name • Address • Database ID munber(automatically assigned by database software) • Telephone • Email • Membership type (patient or caregiver) • Patient or caregiver for whom • Contact preference(some members will not want phone calls or mail) • Date joined • Verification status(verified, not verified,pending) • Expiration date • Date of Birth • Driver's license/DMV ID no. • Medical cannabis ID card no. • Doctor's name • Doctor's number • Notes (any additional information, see below) Enter this data very carefully. It is only as useful as it is accurate. Most commercial software allows you to use drop down lists for commonly used terms and data filters to avoid common typographical errors. Both will save you a lot of headaches. One final note on databases: If the terminology in the last two paragraphs in unfamiliar or if you have limited computer skills,hire a professional to help you! You can use the notes field in your database for added security. This field can be used to record problematic behavior so that you can address it with the member on his or her next visit. You might add a note like, "Saw member smoking in car on Tuesday,March 6." Then you know to remind the member of your rules on the next visit after March 6. Be specific with these notes, but only say what you saw and when. Do not include accusations or speculation about motives. You never want the member or staff to think you are attacking anyone. Notes like these are a great way to identify pattern that are suspicious. Just remember to always use this information to correct behavior. Never use it DRAFT FOR REVIEW ONLY * ©2006 by Don Duncan * Page 5 of 8 Draft excerpt from"ABC's of Medical Marijuana—How and Why to Operate a Medical Cannabis Dispensary" to persecute or incriminate anyone. Medical cannabis patients deal with enough of that already. You should check your database every time a member returns to the dispensary. The easiest way to do this is to search your database using the member's driver's license or DMV ID card number. Of course, you can query you database by any field to locate a member. You and your staff should be familiar with database use so that you can easily search by driver's license number,birth date, name, or other field when needed. Be sure the member is registered and that his or her doctor's letter has been verified before allowing access to medication. You should also check the member's expiration date on every visit. Members will appreciate a reminder before they expire. Be sure to check the notes field for messages like those described above. Make it a habit for every member to check in every time they visit. Some collectives choose to keep a copy of the patient's letter of recommendation following verification. There is no legal requirement to do so, and I have always found it to be an unnecessary administrative burden. There has never been an instance when I have needed a copy of a patient's letter of recommendation after verification. Most patients like to know we are keeping very little personal information on file. If you choose to keep letters, staple the to the registration form for filing later. After entering the data,you will want to file the registration forms in a safe place. Membership data should be secured in a locking closet or file cabinet. The data you collect should not contain personal medical information,but it is still private. Note that the registration form does not require the member to disclose diagnosis. I have always favored three-ring binders for storing registration forms, as they are easy to use when filing or looking up members. Filing the forms in numerical order based on the database ID number is the simplest solution. You can store filed records off site for added peace of mind. Completing the registration form and data entry are important first steps,but the most important part of signing up new members is the orientation process. This consists of a short review of the rules and procedures and may also include a tour of the facility. The initial registration is the one time you are certain to speak one on one with a new member. Make the most of this opportunity by ensuring that the new member leaves this orientation feeling well informed and with a clear understanding of his or her affiliation (membership)in the collective. It is a good idea to have your operating rules written down for new members. Be sure they know what is expected of them as far as documentation and behavior is concerned. Keep the rules short and simple. A draft set of dispensary rules is included in Attachment 2. Note that these rules discuss what documents and ID are required to visit. They also explicitly state what behavior is not tolerated. Making the rules clear from the beginning is essential to correcting problematic behavior later. It is most effective to provide the new member with a copy of the rules and discuss the key elements verbally. You will want to keep the discussion brief so that you do not lose their attention or make them feel impatient. When highlighting significant rules, be sure to emphasize why the rule is important. For example, say something like, "You should bring a copy of your doctor's letter every time you visit so that you can prove your legal DRAFT FOR REVIEW ONLY * 02006 by Don Duncan *Page 6 of 8 Draft excerpt from"ABC's of Medical Marijuana—How and Why to Operate a Medical Cannabis Dispensary" status in case you have an encounter with the police after your visit. This will protect both you and the dispensary." You and your staff will learn to tailor the orientation to the needs of different kinds of members. This is important because you may not have time to cover every rule with every patient. Middle-aged members will have different compliance problems than young members, for example. Nevertheless, be sure every new member knows that diversion of medication and nuisance activity in the neighborhood are unacceptable. Besides communicating the rules, be clear with the new member that he or she is I oining a collective—not just shopping at a medical cannabis store. A sense of belonging and identity are hallmarks of a membership-based organization and serve to build loyalty and support among patients. Let them know that you appreciate their decision to join the collective and value their input. Give them a chance to ask questions or volunteer information about themselves. You may also want to include a short tour and operational explanation of the facility. In a small dispensary, you can do this by just pointing out things like the restroom, refreshments, seating area, and display counters. In a larger facility,you may want to walk into the dispensing area with the new member. This helps introduce them to the facility in a way that is comfortable and personal. Point out the menu. Show them where the line starts. You may even want to introduce them to the person who is dispensing the medicine. This will help them feel welcome and facilitate their first interaction with the rest of the staff. There may come a time when you must revoke membership before the patient's letter of recommendation expires. You should be prepared to revoke membership when you know with certainty that a patient or caregiver has diverted medication for non-medical use. You should also revoke membership for shoplifting, dangerous/violent behavior, serious disorderly conduct, causing a nuisance in the neighborhood, or repeated willful violations of the rules. We want to be compassionate people. Always try to work out issues with a member before revoking membership. There may be intermediate steps you can take to correct less serious violations of the rules. Consider probation,temporary suspension, or new conditions on continued membership. You can not, however, allow one person's behavior to endanger everyone's safe access. Be clear, firm, and polite when revoking membership. Avoid the temptation to argue with the member or display anger at his or her behavior. Simply inform the member that his membership is revoked for violating the rules and ask him to leave. Foe example, "Mr. Jordan, I saw you take medicine off the counter and put it in your pocket without paying for it. That is against the rules you agreed to obey when you joined. You can not be a member here anymore. Please leave now."Never attack or antagonize. Your goal is to de-escalate the situation and get the individual out the door. I strongly recommend keeping the member's name and ID number's in your database in case he or she tries to return when someone else is at the registration desk. Add a comment to the member's record explaining why membership was revoked. You should, however, delete the member's contact information(address,telephone, and email) so that he or she is not inadvertently contacted as a member later. DRAFT FOR REVIEW ONLY * 02006 by Don Duncan * Page 7 of 8 Draft excerpt from"ABC's of Medical Marijuana—How and Why to Operate a Medical Cannabis Dispensary" There is one more aspect of membership to consider. Registering members lets you know exactly who is coming into your dispensary. I like to say that there are no strangers in my dispensary. This is partially an articulation of the spirit of friendship that the collective should embody,but it is also a part of the culture of security in the dispensary. Everyone who comes in has been positively identified. People are less likely to misbehave or engage in dangerous or dishonest activity when they are not anonymous. Be sure to communicate this precaution to your staff and members so that they can feel safe at your collective. Registering members, verifying letters, entering data, and conducting orientation are time consuming tasks that require attention to details. However, they are crucial elements in legitimate operation that will bolster your credibility and protect you from harm. Take the time to do these things from the beginning. Be diligent about record keeping and accuracy. It will make all of your membership administration easier. Having good membership processes will demonstrate compliance with the law and a commitment to professional operation. Your neighbors and your members will notice the difference. DRAFT FOR REVIEW ONLY * 02006 by Don Duncan * Page 8 of 8 The Berkeley Municipal Code: http://www.ci.berkeley.ca.us/bmc/ Tide 12,Health and Safety has two sections pertaining to marijuana in the city of Berkeley,the fast regarding marijuana policy proposes further support of legalization and directs law enforcement to address marijuana as the lowest level of threat. I encourage you to research that ordinance as well as we will likely speak on that issue another day. Below find section 12.26,Protocols for Medical Cannabis. CHAPTER 12.26: PROTOCOLS FOR MEDICAL CANNABIS Sections: 12.26.010 Purposes. 12.26.030 Definitions. 12,26.040 Medical Cannabis Collectives. 12.26,050 Availability in Pharmacies. 12.26.060 Quality Control Encouraged. 12.26.070 Permissible Quantities of Medical Cannabis. 12,26.080 Transportation of Medical Cannabis. 12.26.090 Medical Cannabis Paraphernalia. 12.26.100 Police Procedures and Training. 12.26.110 Medical Cannabis Dispensary. 12.26.120 Compliance with all applicable laws. Section 12.26.010 Purpose. The purpose of this chapter is to implement California Health and Safety Code Section 11362.5,known as the Compassionate Use Act of 1996 and to regulate the location of facilities lawfully used for storage,dispensing,and use of medical cannabis,other than the cultivation or possession of medical cannabis by an individual patient or caregiver at the patient or caregiver's home,lawfully incident to the residential use of that home.The Compassionate Use Act is the state law removing state law penalties for qualified patients,and primary care givers to those patients,for possession and cultivation of a personal amount of medical cannabis for qualified patients. This chapter is intended: A. To help ensure that seriously ill Berkeley residents can obtain and use cannabis for medical purposes where that medical use has been deemed appropriate and recommended or approved by a physician who has determined that the patient's health would benefit from the use of cannabis in the treatment of cancer,anorexia, AIDS,chronic pain,spasticity,glaucoma,arthritis,migraines,or any other serious illness or condition for which cannabis provides relief. B. To help ensure that qualified patients and their primary caregivers who obtain or cultivate cannabis solely for the qualified patient's medical treatment with the recommendation or approval of a physician are not subject to criminal prosecution or sanction. C. To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of medical cannabis to patients whose medical doctors approve or recommend medical cannabis to treat a serious illness or condition. D. To protect citizens from the adverse impacts of irresponsible medical cannabis distribution,storage and use practices. (Ord. 6826-NS 4 1 (part),2004: Ord. 6620- NS� 1,2001) Section 12.26.030 Definitions. A. "Cannabis" shall have the same meaning as the definition of"Marijuana"provided in California Health and Safety Code Section 11018 at this tune,but if that definition is amended by state law in the future,as amended. Currently,under Health and Safety Code Section 11018, "marijuana means all parts of the plant cannabis sativa L.,whether growing or not;the seeds thereof;the resin extracted from any part of the plant;and every compound,manufacture, salt,derivative, mixture,or preparation of the plant,its seeds or resin. It 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 there from), fiber,oil,or cake,or the sterilized seed of the plant which is incapable of germination." B. "Qualified patient" shall mean a person who has a written or oral recommendation or approval from a licensed medical doctor to use cannabis for medical purposes. C. "Primary caregiver" shall mean the individual person or persons designated by a qualified patient,provided that said individual person or persons has consistently assumed responsibility for the housing,health,or safety of the qualified patient. D. "Medical cannabis collective" shall mean a cooperative,affiliation,association,or collective of persons comprised exclusively and entirely of qualified patients and the primary caregivers of those patients,the purpose of which is to provide education, referral,or network services to qualified patients,and to facilitate or assist in the cultivation and manufacture of medical cannabis for qualified patients. E. "Medical cannabis dispensary" shall mean any person or entity that dispenses, cultivates, stores or uses medical cannabis except where such cultivation, storage or use is by a patient or that patient's caregiver,incidental to residential use by such patient,and for the sole use of the patient who resides there. (Ord. 6826-NS § 1 (part),2004: Ord. 6620-NS § 1,2001) Section 12.26.040 Medical Cannabis Collectives. A. Pooling of Resources Recognized. The City of Berkeley recognizes that some qualified patients may not have primary caregivers and also may not be able to undertake all the physical activities necessary to cultivate cannabis for personal medical use. Accordingly,this section recognizes that qualified patients may join together with or without their primary caregivers to form medical cannabis collectives for the purpose of cultivating and manufacturing medical cannabis solely for the personal medical use of the members who are qualified patients. The City recognizes that not all members of a medical cannabis collective will perform the same tasks or contribute to the collective in an equal manner. Accordingly,medical cannabis collectives are free to decide how to best pool their resources and divide responsibilities in cultivating medical cannabis for the personal medical use of thew members who are qualified patients. B. Restriction on Membership. Membership in a medical cannabis collective must be restricted to qualified patients and their primary caregivers. However,primary caregivers shall not be allowed to obtain cannabis for their own personal use. In addition,a primary caregiver cannot be a member of a medical cannabis collective, unless the primary caregivers qualified patient is also a member. C. Restriction on Distribution to Non-Members. Medical cannabis collectives and each member thereof,shall not sell,barter,give away,or otherwise distribute cannabis to non-members of the medical cannabis collective. D. Amount of Dried Cannabis and Plants. The limits on quantity of dried medical cannabis and cannabis plants set forth in this chapter for qualified patients are not increased by membership in a medical cannabis collective. Medical cannabis collectives are subject to the same quantity limits on possession of dried medical cannabis and limits on the number of cannabis plants that are set forth in this chapter,multiplied by the number of qualified patients in the collective,but are also subject to maximum cap amounts set forth below. Thus,if a medical cannabis collective has five qualified patients,then the total amount of dried medical cannabis that the medical cannabis collective can possess is 7.5 pounds of cannabis cultivated indoors or 12.5 pounds of cannabis cultivated outdoors,minus the amount of dried medical cannabis that each qualified patient and/or his or her primary caregiver possesses individually. In addition,a medical cannabis collective cannot possess more than 12.5 pounds of dried cannabis at any one time,regardless of the number of members. Similarly,if a medical cannabis collective has five qualified patients, then the total amount of cannabis plants that the medical cannabis collective can possess is 50 in compliance with Section 12.26.040(E) of this chapter,minus the number of cannabis plants that each qualified patient and/or his or her primary caregiver possesses individually.In addition,a medical cannabis collective cannot cultivate more than 50 cannabis plants at any one time,regardless of the number of members. E. Size of Visible Cannabis Gardens. The City of Berkeley recognizes that large scale outdoor cultivation of medical cannabis will create a risk of theft and violence due to the high monetary value of a large number of cannabis plants and the relative ease of theft by trespassing.Large-scale outdoor cannabis cultivation will also unfairly create tension and fear among the surroumding residents of trespassing, thefts,and violence. Accordingly,any medical cannabis collective or Collectives that cultivate medical cannabis plants outdoors (excluding secure rooftops or balconies that are not visible from other buildings or land) or in any place that is visible with the naked eye from any public or other private property,can only cultivate 10 such plants at one time on a single parcel or adjacent parcels of property. F. Size of indoor Cannabis Gardens That Are Not Visible. A medical cannabis collective can cultivate 10 cannabis plants per qualified patient up to a maximum of 50 cannabis plants total at one time,provided however,that no more than 10 of those plants are planted outdoors (excluding secure rooftops or balconies that are not visible from other buildings or land) or in any place that is visible with the naked eye from any public or other private property. Nothing in this chapter shall be construed as creating an exemption for the cultivator or cultivators of any such cannabis garden from complying with any permit or other requirements imposed by local law that may be applicable. (Ord. 6620-NS� 1, 2001) Section 12.26.050 Availability in Pharmacies. To encourage the standardization of medical cannabis,the City of Berkeley urges the federal government to reschedule cannabis so that it may be made available to qualified patients through legally licensed pharmacies and urges the state government to urge the federal government to do so as well. (Ord. 6620-NS � 1,2001) Section 12,26.060 Quality Control Encouraged. The City of Berkeley strongly encourages all qualified patients,primary caregivers,and medical cannabis collectives to consult the available cannabis cultivation literature to ensure that the medical cannabis lawfully cultivated under state law is free of undesired toxins or molds.The City of Berkeley cautions that natural molding from improper storage,certain soils for indoor growing, foreign materials that unintentionally become lodged in cultivated cannabis,and pesticides,can all potentially render the medical cannabis totally unsafe for consumption. Collectives are encouraged to use their best effort to determine whether or not cannabis is organically grown. (Ord. 6620-NS 4 1, 2001) Section 12.26.070 Permissible Quantities of Medical Cannabis. The Compassionate Use Act allows qualified patients or their primary caregivers to possess or cultivate medical cannabis for the qualified patient's "personal medical purposes." While each qualified patient will have different needs regarding appropriate personal medical use,this section seeks to standardize the maximum allowable amounts of medical cannabis that qualified patients and their primary caregivers can possess or cultivate under state law,in the absence of a medical doctor's authorization to possess or cultivate a greater amount of cannabis as a result of the patient's particular illness or health condition. A. Dried Cannabis Cultivated Indoors. Qualified patients who cultivate cannabis indoors may possess up to 1.5 pounds of dried cannabis for personal medical use. This 1.5 pound allotment may be possessed by the qualified patient,or may be held in trust by the qualified patients'primary caregiver(s),but the total amount of dried cannabis possessed by the qualified patient and his or her primary caregiver(s) shall not exceed 1.5 pounds for that qualified patient. B. Indoor Cannabis Plants. In addition,qualified patients may also possess up to 10 cannabis plants for personal medical use. This 10 cannabis plant allotment may be possessed by the qualified patient,or may be held in trust by the qualified patients' primary caregiver(s),but the total amount of plants possessed by the qualified patient and his or her primary caregiver(s) shall not exceed 10 cannabis plants for that qualified patient. C. Dried Cannabis Cultivated Outdoors. Qualified patients who cultivate cannabis outdoors may possess up to 2.5 pounds of dried cannabis for personal medical use. This 2.5 pound allotment may be possessed by the qualified patient,or may be held in trust by the qualified patient and his or her primary caregiver(s),but the total amount of dried cannabis possessed by the qualified patient and his or her primary caregiver(s) shall not exceed 2.5 pounds for that qualified patient. D. Outdoor Cannabis Plants. In addition,qualified patients who cultivate cannabis outdoors may also possess up to 10 cannabis plants, for personal medical use, provided that such cultivation meets the guidelines set forth in Section 12.24.040(E) of this chapter. This 10 plant allotment may be possessed by the qualified patient, or may be held in trust by the qualified patients'primary caregiver(s),but the total amount of plants possessed by the qualified patient and his or her primary caregiver(s) shall not exceed 10 plants for that qualified patient. (Ord. 6620-NS§ 1, 2001) Section 12.26.080 Transportaion of Medical Cannabis. A qualified patient or a primary caregiver of a qualified patient may transport medical cannabis within the City of Berkeley to the extent that the quantity transported and the method, timing,and distance of the transportation are reasonably related to the qualified patient's current medical need at the time of transport. (Ord. 6620-NS 5 1,2001) Section 12.26.090 Medical Cannabis Paraphernalia. • A qualified patient and the primary caregiver of a qualified patient may possess paraphernalia that the qualified patient needs to smoke or otherwise consume medical cannabis. (Ord. 6620-NS § 1, 2001) Section 12.26.100 Police Procedures and Training. A. Within six months of the date that this chapter becomes effective,the training materials handbooks,and printed procedures of the Police Department shall be updated to reflect its provisions. These updated materials shall be made available to police officers in the regular come of their training and seivice. B. Medical cannabis-related activities shall be the lowest possible priority of the Police Department. C. Qualified patients,their primary caregivers,and medical cannabis collectives who come into contact with law enforcement will not be cited or arrested and dried cannabis or cannabis plants in their possession will not be seized if they are in compliance with the provisions of this chapter. D. Qualified patients,their primary caregivers,and medical cannabis collectives who come into contact with law enforcement and cannot establish or demonstrate their status as a qualified patient,primary caregiver,or medical cannabis collective,but are otherwise in compliance with the provisions of this chapter,will not be cited or arrested and dried cannabis or cannabis plants in their possession will not be seized if(1) based on the activity and circumstances,the officer determines that there is no evidence of criminal activity; (2) the claim to be a qualified patient,primary caregiver,or medical cannabis collective is credible;and (3)proof of status as a qualified patient,primary caregiver,or medical cannabis collective can be provided to the Police Department within three business days of the date of contact with law enforcement. (Ord. 6620-NS § 1,2001) Section 12.26.110 Medical Cannabis Dispensary. No more than three medical cannabis dispensaries shall be located within the limits of the City of Berkeley. No such dispensary shall be located within a 1000 foot range of another such dispensary,nor within 1000 feet of a public elementary,middle or high school. Any dispensary existing at the time this ordinance becomes effective,may continue at its current location, notwithstanding its violation of the de-concentration requirements of this section. The City Manager may issue regulations to implement this section. (Ord. 6826-NS§2 (part),2004) Section 12.26.120 Compliance with all applicable laws. Nothing in this chapter shall be construed as excusing any person or entity from compliance with all other applicable federal,state and local laws. The City may make compliance with such laws a condition of deeming such person or entity in compliance with local law,except to the extent it would conflict with the purposes of this chapter. (Ord. 6826-NS �2 (part),2004) The West Hollywood Municipal Code-http://www.weho.org Chapter 7.32 MEDICAL MARIJUANA DISPENSARIES Sections: 7.32.010 Scope of Chapter. 7.32.020 Operating Standards. 7.32.030 Numerical Limit on Dispensaries 7.32.010 Scope of Chapter. The operating standards established in this chapter apply to any site, facility,location,use, cooperative or business currently operating in the City of West Hollywood that distributes,dispenses, stores,sells,exchanges,processes,delivers,gives away,or cultivates marijuana for medical purposes to qualified patients,health care providers,patients'primary caregivers, or physicians,pursuant to Health&Safety Code Section 11362.5 (adopted as Proposition 215,the Compassionate Use Act of 1996'� or any state regulations adopted in furtherance thereof All dispensaries in the City of West Hollywood shall operate in conformance with the operating standards set forth in Section 7.32.020 to assure that the operations of medical marijuana dispensaries are in compliance with California law and to mitigate the adverse secondary effects from the operations of dispensaries. (Ord. 05-716U§2 (part),2005) 7.32.020 Operating Standards. a. Dispensaries shall provide adequate security and lighting on-site to ensure the safety of persons and protect the premises from theft at all times. b. All security guards employed by dispensaries shall be licensed and possess a valid Department of Consumer Affairs"Security Guard Card"at all times. Security guards shall not possess firearms. C. Dispensaries shall provide a neighborhood security guard patrol for a two-block radius surrounding the dispensary during all hours of operation. d. No recommendations for medical marijuana shall be issued on-site. e. There shall be no on-site sales of alcohol or tobacco,and no on-site consumption of food,alcohol,tobacco or marijuana by patrons. f. Hours of operation shall be limited to:Monday—Saturday, 10:00 a.m.—8:00 p.m. and Sunday noon—7:00 p.m. g. Dispensaries shall only dispense medical marijuana to qualified patients and their caregivers as defined by California Health and Safety Code Section 11362.5 (Proposition 215). This shall include possession of a valid doctor's recommendation, not more than one-year old,for medical marijuana use by the patient. h. Dispensaries shall notify patrons of the following verbally and through posting of a sign in a conspicuous location: L Use of medical marijuana shall be limited to the patient identified on the doctor's recommendation. Secondary Sale,barter or distribution of medical marijuana is a crime and can lead to arrest. 2. Patrons must immediately leave the site and not consume medical marijuana until at home or in an equivalent private location. Dispensary staff shall monitor the site and vicinity to ensure compliance. 3. Forgery of medical documents is a felony arcane. i. Dispensaries shall not provide marijuana to any individual in an amount not consistent with personal medical use. j. Dispensaries shall not store more than two hundred dollars ($$200.00) in cash reserves overnight on the premises and shall snake at least one daily bank drop that includes all cash collected on that business day. k. Any patient under 18 years of age shall be accompanied by a parent or legal guardian. 1. Dispensaries shall provide law enforcement and all neighbors within 100 feet of the dispensary with the name and phone number of an on-site community relation staff person to notify if there are operational problems with the establishment. in. Each dispensary operator(s) shall complete a criminal background check. (Ord. 05-716U�2 (part),2005) 7.32.030 Numerical Limit on Dispensaries. No more than seven (7) medical marijuana dispensaries shall be permitted to operate in the city at any time. (Ord. 05-716U g 2 (part),2005) Dear Patrons, Please be aware of the following rules: The use of medical marijuana is Limited to the patient identified on the recommendation . Secondary sale , barter or distribution of medical cannabis is a crime and can lead to arrest . Forgery of medical documents is a crime and can lead to arrest . Patrons must leave the site following dispensation of medical marijuana and shall not consume medical marijuana until home or in an equivalent private location . West Hollywood Municipal Code (Ordinance 05-7150) Sample of Medicinal Cannabis Websites ■ Santa Barbara County Public Health Department www,sbcphd.org ■ Cannabis MD.org www.cannabismd.org ■ The Lifevine Foundation 206-551-6559 www.cannabismdorg/foundation ■ Oregon State Medical Marijuana Program www.oregomgov/DITS/Ph/ommp/index.shtmi ■ GW Pharmaceuticals www.gwpharm.com ■ Center for Medicinal Cannabis Research www.cmcr.ucsd.edu ■ International Cannabis Research Society(ICRS) www.cannabinoidsociety.org ■ International Association for Cannabis Medicine(IACM) www.acmed.org ■ Clifford Schaffer's Library,Medical Marijuana www.druglibrary.org/schaffer/index-htm ■ RxMarijuana.com www.rxmarijuana.com ■ Medical Marijuana Facts www.drugwaTfacts.org ■ Medical Marijuana:Research and Links www.marijuana.org www.mechnjscience.org ■ Cannabis MD reports www.cantiabismdorg/reports ■ Marinol www.marinol.com ?ALM sa k C ; c 'F°���P CITY COUNCIL STAFF REPORT DATE: May 3, 2006 SUBJECT: EXTENSION OF INTERIM URGENCY ORDINANCE No. 1687 RE MEDICAL MARIJUANA DISPENSARIES FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney SUMMARY On March 29, 2006, the City council adopted Interim Urgency Ordinance No. 1687, which imposed a 45 day moratorium on the establishment of new medical marijuana dispensaries with the City. This initial Interim Urgency Ordinance prohibited the issuance of permits for medical marijuana dispensary uses during this interim period. The Council also directed the City Manager to form a committee to prepare recommendations to Council of potential land use regulations for the establishment and operation of medical marijuana dispensaries in the City. The Council may extend the initial moratorium for up to a ten (10) month and fifteen (15) (Jay period if approved by a four-fifths vote of the City Council. During this time it is anticipated that the City Manager committee can complete its work and prepare a draft set of regulations and code amendments relating to the establishment and operation of medical marijuana dispensaries in the City. RECOMMENDATION: Staff recommends the City Council: 11. Adopt this staff report by minute motion as the written report required pursuant to Government Code Section 65858. 2. Hold a public hearing and adopt the draft Interim Urgency Ordinance extending the term of Interim Urgency Ordinance No. 1687 for an additional period of 10 months and fifteen days. [A four-fifths vote is required for adoption.] Item No. 1 . 6 . City Council Staff Report (insert meeting date) -- Page 2 (insert brief title) STAFF ANALYSIS: On March 29, 2006, the City Council adopted Interim Urgency Ordinance No. 1687, a 45 day moratorium on the establishment and operation of medical marijuana dispensaries within the City of Palm Springs. In the report presented to the Council on (March 29, 2006, staff noted that existing City codes, including the Zoning Ordinance, do not specifically address or regulate the location or operation of medical marijuana dispensaries. There is a concern that the City's central and accessible location, and its unique downtown commercial district, could make the City attractive for such businesses. To determine how to deal with the medical marijuana dispensaries and the potential negative effects on the public heath, safety, and welfare that could be caused by allowing a proliferation of unregulated marijuana establishments, staff recommended that the Council adopt the initial moratorium and direct Staff to study the issue further with the understanding that the moratorium would allow the Council time to determine an appropriate course of action. In adopting the interim urgency ordinance, the City expressly authorized the City Manager to form a committee to study, consider, and formulate a proposed regulatory program that would govern the establishment and operation of medical marijuana dispensaries in the City. Further, during the interim urgency period, the current medical rnarijuana dispensary currently operating in the City (333 N. Palm Canyon, Suite 18, Palm Springs, California) and the establishment that had applied for permits and had commenced construction of improvements (2100 N. Palm Canyon, Suites 104 and 105B, Palm Springs, California) could remain in operation and would not be subject to zoning code enforcement. This direction was provided notwithstanding the fact that the City's Zoning Ordinance does not expressly authorize medical marijuana dispensaries in any zone district in the City. The initial Urgency Ordinance No. 1309 further provided that the two existing medical marijuana dispensaries could only be open for no more ihan 8 hours during any calendar day and that the adoption of the ordinance could not be construed as authorizing or approving the operation of a medical marijuana dispensary or authorizing or condoning in any way the violation of any city, state, or federal law. City staff, both prior to and after the Council adopted the initial moratorium period, have been holding meetings and undertaking fact gathering efforts including contacting other agencies to determine the effects of the dispensaries and to determine options that may be available to permit and/or regulate such uses. The City Manager has organized a committee to study marijuana dispensaries and potential regulations that could govern the establishment and operation of medical marijuana dispensaries. City Council Staff Report (insert meeting date) -- Page 3 (insert brief title) INTERIM URGENCY ORDINANCE EXTENSION Adoption of the Interim Urgency Ordinance would extend the Ordinance No. 1687, the initial temporary moratorium on the establishment and operation of medical marijuana dispensaries for a period of ten (10) months and fifteen (15) days pending the completion of the study and recommendation of the City Manager committee regarding potential amendments to the City's codes, including potential amendments to the City's land use regulations that may be needed to reasonably allow the establishment and operation of medical marijuana dispensaries in the City and reduce the potential for adverse secondary effects. The City Attorney's office prepared the Interim Urgency Ordinance and has approved the form and content of the proposed Interim Urgency Ordinance. ENVIRONMENTAL: The proposed Interim Urgency Ordinance extending the provisions of the initial moratorium is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the written report described above. FISCAL IMPACT: IFinance Director Review: The proposed Interim Urgency Ordinance is a City-initiated project. There is no direct fiscal impact associated with the written report or the proposed Ordinance. There will be minor, indirect costs associated with City staff participation in the work of the City Manager committ�� Dougl s Holland, City Attorney Assistant City nager v; David H. Ready, CityM n-ag_6r Attachments: Draft Ordinance ORDINANCE NO. AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING ORDINANCE NO. 1687, A TEMPORARY MORATORIUM ON THE LEGAL ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF PALM SPRINGS FOR AN ADDITIONAL PERIOD OF 10 MONTHS AND 15 DAYS PENDING COMPLETION OF A STUDY OF ZONING REGULATIONS THAT ARE NEEDED TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE. (4/5THS VOTE REQUIRED.) The City Council of the City of Palm Springs, California, ordains: SECTION 1. This interim urgency ordinance is adopted pursuant to Section 312 of the Charter of the City of Palm Springs. This interim urgency ordinance is also adopted pursuant to Section 65858 of the California Government Code. SECTION 2. The City Council hereby finds, determines, and declares that this interim urgency ordinance is necessary because: A. In 1996 the voters of the state of California approved Proposition 215 (codified as Health and Safety Code Section 11362.5 et. seq. and entitled "The Compassionate Use Act of 1996"). B. The intent of Proposition 215 was to enable seriously ill Californians to legally possess, use, and cultivate marijuana for medical use under state law. C. As a result of Proposition 215, individuals have established medical marijuana dispensaries in various cities. D. The experiences of California cities in the regulation and policing of medical marijuana dispensaries have varied from city to city. Some California cities have claimed that they have experienced an increase in crime, such as burglary, robbery, loitering around the dispensaries, increased pedestrian and vehicular traffic and noise, and the sale of illegal drugs in the areas immediately surrounding such medical marijuana dispensaries. Other California cities have permitted the operation of medical marijuana dispensaries without any significant problems. The city of Oakland, which licenses and regulates medical marijuana dispensaries, has issued a report recognizing the importance of dispensaries in providing medicinal marijuana to patients and that dispensaries provide significant community benefits in a manner that produces no problems and that there are no drains on police or community resources as a result of dispensary operations. E. In October 2005, the state Board of Equalization instituted a policy that allows marijuana dispensaries to obtain a seller's permit thus enabling the state to collect sales tax on medical marijuana sales. Ordinance No. 1687 Page 2 F. One medical marijuana dispensary has previously opened in the City and the Police Department has observed an increase in adverse secondary effects in the vicinity of the establishment, including loitering and complaints from adjoining businesses and the patrons and customers of these businesses. G. On March 20, 2006, the City's Police Department and Building Department learned that an additional medical marijuana dispensary had taken steps to open to the public and has commenced advertising its future opening on the internet and through the dissemination of leaflets and brochures. The Police Department has received reliable information that a third medical marijuana dispensary is planning on opening in the City in the near future. H. The City has not adopted appropriate rules and regulations specifically applicable to the location and operation of medical marijuana dispensaries and the lack of such controls may lead to a proliferation of such establishments and the inability to regulate such establishments in a manner that will protect the general public, homes and businesses adjacent and near such businesses, and the patients or clients of such establishments. I. Based on the lack of any consistent experience of cities statewide and the lack of any regulatory program in the City in the review of the establishment and operation of medical dispensaries, it is reasonable to conclude that negative effects on the public health, safety, and welfare may occur in Palm Springs as a result of the proliferation of medical marijuana dispensaries and the lack of appropriate regulations governing the establishment and operation of such facilities. J. On June 6, 2005, the United States Supreme Court decided Gonzales v. Raich, 125 S. Ct. 2195 (2005). The Court found there to be no legally recognizable medical necessity exception under Federal Law to the prohibition of possession, use, manufacture or distribution of marijuana under federal law. K. Although the medicinal use of marijuana is illegal under federal law, Section 3.5 of the California Constitution specifically states that an agency of the state does not have the power: "To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations." I. On March 29, 2006, the City Council adopted Ordinance No. 1687, an initial interim urgency ordinance, and found that medical marijuana dispensaries are nto permitted uses in any zoning district in the City and expressly prohibited establishment of any medical marijuana dispensary in the City for 45 days pending commencement of appropriate studies and consideration of alternative land uses approaches for addressing the health, safety, and welfare issues associated with the regulation of medical marijuana dispensaries in the City, subject to express conditional exceptions as provided in Ordinance No. 1687. Ordinance No. 1687 Page 3 J. During the initial interim period established by City Ordinance No. 1687, the City Council and its Planning Staff have commenced studies and reviews described in the report filed with the City Council and the City Manager has formed a City Manager committee as directed by the City Council. SECTION 3. For purposes of this ordinance, "medical marijuana dispensary" means any for profit or not-for-profit facility or location, whether permanent or temporary, where the owner(s) or operator(s) intends to or does possess and distribute marijuana for any commercial purpose. A "medical marijuana dispensary" includes a marijuana club as described in People v. Peron (1997) 59 Cal.App.4rh 1383. A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by the City's Municipal Code: a "collective" as defined in Health and Safety Code Section 11362.775; a clinic licensed pursuant to Chapter 1 of Division 2 of the Health & Safety Code; a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health & Safety Code; a residential care facility for persons with chronic life- threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health & Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health & Safety Code; a residential hospice; or a home health agency licensed pursuant to Chapter 8 of the Health & Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health & Safety Code Section 11362.5 et seq. SECTION 4. A medical marijuana dispensary currently is not an expressly permitted use or a use permitted subject to a conditional use permit in any zoning district in the City of Palm Springs. However, such establishments may seek to locate in any zoning district disguised as a permitted use, or may seek to legalize this use. SECTION 5. The establishment of, or the issuance or approval of any permit, certificate of use and occupancy, or other entitlement for the legal establishment of a medical marijuana dispensary in the City may result in a threat to public health, safety and welfare in that the Palm Springs Municipal Code does not currently regulate the location and operation of medical marijuana dispensaries and does not have a regulatory program in effect that will appropriately regulate the location, establishment, and operation of medical dispensaries in the City. SECTION 6. For the period of this ordinance, or any extension thereof, a medical marijuana dispensary shall be considered a prohibited use in any zoning district of the City, even if located within an otherwise permitted use, and neither the City Council nor City Staff shall approve any use interpretation, permit, certificate of use and occupancy, or Zoning Code or General Plan amendment allowing the establishment or operation of a medical marijuana dispensary. SECTION 7. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) (Title 14, of the California Code of Regulations) because it has no potential for resulting in Ordinance No. 1687 Page 4 physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated Municipal Code review. SECTION 8. The City Manager or his designees shall: (1) review and consider options for the regulation of medical marijuana dispensaries in the City, including, but not limited to the development of appropriate rules and regulations governing the location and operation such establishments in the City; (2) coordinate the efforts of a task force in the preparation of a draft ordinance regulating the location and operation of medical marijuana dispensaries consisting of a Council subcommittee, medical patients, advocates, law enforcement representatives, and other interested parties appointed by the City Manager; and (3) shall file a written report describing the measures which the City has taken to address the conditions which led to the adoption of this ordinance with the City Council ten (10) days prior to the expiration of this interim urgency ordinance, and any extension thereof, and such report shall be made available to the public. SECTION 9. This interim urgency ordinance shall be deemed an extension of Ordinance No. 1687 and shall extend the interim urgency regulations as provided in Ordinance No. 1687 and this interim urgency ordinance for an additional ten (10) months and fifteen (15) days and shall therefore continue in effect until March 28, 2007 and shall thereafter be of no further force and effect unless, after notice pursuant to California Government Code Section 65090 and a public hearing, the City Council extends this interim urgency ordinance for an additional period of time pursuant to California Government Code Section 65858. SECTION 10. During the period this interim urgency ordinance remains in effect, the City's code enforcement officers shall not initiate any action or proceeding against the existing medical marijuana dispensaries located at 333 N. Palm Canyon, Suite 18, Palm Springs, California and 2100 N. Palm Canyon, Suites 104 and 105B, Palm Springs, California, on the grounds that such establishments have not been expressly authorized to operate at their current locations pursuant to the City's Zoning Ordinance. This exception shall apply so long as the affected dispensaries are only open to patients and/or their primary caregivers for 8 hours during any calendar day. Except as provided herein, nothing in this ordinance shall be construed as authorizing or approving the operation of such medical marijuana dispensaries or authorizing or condoning in any way the violation of any city, state, or federal law. SECTION 11. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason, held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction such decision shall not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. Ordinance No. 1687 Page 5 ADOPTED this 3d day of May, 2006. Mayor ATTEST: City Clerk Ordinance No. 1687 Page 6 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. 1687 is a full, true, and correct copy, and was adopted at an adjourned regular meeting of the City Council of the City of Palm Springs on March 29, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden NOES: None ABSENT: Councilmember Mills A13STAIN: None James Thompson, City Clerk City of Palm Springs, California I �I NOTICE OF PUBLIC HEARING NOTICE OF CITY COUNCIL MEETING INTERIM URGENCY ORDINANCE Adopting Interim Urgency Regulations for the Establishment and Operation of Medical Marijuana Dispensaries within the City of Palm Springs and Notice of Exemption from the California Environmental Quality Act Applicant: City of Palm Springs NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a Public Hearing at its meeting of May 3, 2006. The City Council meeting begins at 6:00 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the Hearing is to consider the extension, for 10 months and 15 days, of the Interim Urgency Ordinance adopting interim urgency regulations for the legal establishment of medical marijuana dispensaries within the City of Palm Springs pending a study of zoning regulations that are needed to alleviate a current and actual threat to the public health, safety, and welfare. The current Interim Urgency Ordinance expires on May 13, 2006. Pursuant to Government Code Section 65858(a), the City Council finds that the current zoning standards for the legal establishment and operation of medical marijuana dispensaries with the City of Palm Springs do not expressly provide for a permitted use in any zoning district in the City of Palm Springs and do not provide for any regulation of the location and operation of medical marijuana dispensaries. For the period of this Ordinance a medical marijuana dispensary shall be considered a prohibited use in any zoning district of the City, even if located in an otherwise permitted use. The Ordinance does not prohibit uses and activities that are clearly allowed by the State of California Compassionate Use Act. This ordinance is focused on the sale of marijuana and is intended to regulate and prohibit sales from commercial and retail business to the general public. The City of Palm Springs, in its capacity as the lead agency for this project under the California Environmental Quality Act (CEQA), evaluated the potential environmental impacts of the Ordinance. Pursuant to Section 15262 of CEQA, this Ordinance is exempt from environmental review whereas the Ordinance authorizes the undertaking of feasibility and planning studies and any development which may occur pursuant to the interim standards will not be approved until a complete environmental evaluation of the proposed project has occurred. 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 5:00 p.m., Monday through Friday. 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 ORDINANCE: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the Palm Springs City Council in writing (mailed for hand delivered) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 If any group challenges the action in court, issues raised may be limited to only those issues raised at the Public Hearing described in this notice or in written correspondence at, or prior to, the City Council Hearing. An opportunity will be given at said Hearing for all interested persons to be heard. Questions regarding this case may be directed to Craig Ewing, Director of Planning Services, at 760-323-8245. Si necessita ayuda con esta carts, porfavor flame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono 760-323-8245. V ,dames Thompson City Clerk