HomeMy WebLinkAbout2/18/2009 - STAFF REPORTS - 3.B. Jay Thompson
From: Ginny Foat
Sent: Tuesday, February 17, 2009 12:31 PM
To: gfinla@msn.com; Jay Thompson
Subject: FW: My Medication
From: tehshark47@aim.com [mailto:tehshark47@aim.com]
Sent: Tuesday, February 17, 2009 10:05 AM
To: Steve Pougnet; Ginny Foat; Rick.Hutchenson@palmsprings-ca.gov; Chris Mills; Lee Weigel;
CityManager@palmsprings-ca.gov; cityclerk@palmsprings-ca.gov
Subject: My Medication
I aheady find mysel f waiting for"my turn" to purchase medication that is meant to treat my severe
anxiety and chronic pain...
When I heard that the city planned to reduce the amOLmt of dispenseries in Palm Springs, I was irrate.
There is no reason for this dramatic change because, including the large amount of tourists and the Los
Angeles commute,we arc a large group of this community.
1 am a medical marijuana user and I believe that it is the best treatment I have ever invested in. Despite
it's obvious compatibility with the human body and many symptom relief, it is a practice of self
preservation and growtb. Investing in any kind of plant life is a good idea right, so, in this time of
change, let's not hold ourselves back.
A Good Credit Score is 700 or Above. Sccyours in just 2 easy_steps!.
T3.
2/17/2009
Jay Thompson
From: Ginny Foat
Sent: Tuesday, February 17, 2009 11-39 AM
To: gfinla@msn.com; Jay Thompson
Subject: FW: Please re-discuss February 18th vote
-----original message-----
From: Lori Rogalski [mailto:lrogalskl@dc.rr-com]
Sent: Friday, February 13, 2009 6:12 PM
TO: Ginny Foat
Subject: Please re-discuss February 18Ch vote
> Dear Mrs. Ginny Foat,
n I am writing to support Community Caregivers- I ask that you please
s re-discuss and postpone the vote on February 18, 2009 about closing
• several medical marijuana dispensaries. I am a single female and need
n to be safe and secure- I feel very safe and comfortable at community
x Caregivers. It is in a good area of Palm Springs and the staff is
• friendly and helpful. if I have to go somewhere that is not centrally
n located and in a nice neighborhood, I would be very nervous about my
> safety.
s
Thank you for your time and consideration in this important matter.
n Sincerely,
n
a
* LOri Rogalski
* 78650 Avenue 42, #1206
Bermuda Dunes, CA 92203
1
Jay Thompson
From: Ginny Foat
Sent: Tuesday, February 17, 2009 11:27 AM
To: gfinla@msn.com; Jay Thompson
Subject: FW: community caregivers
From: gibby_7@verizon.net [mailto:gibby_7@verizon.netj
Sent: Monday, February 16, 2009 1:15 PM
To: Steve Pougnet
Subject: community caregivers
1 send this e-mail to show my support for Community Caregivers located in Patin Springs. Community
Caregivers is a licensed medical marijuana dispensary. They have always treated my illness with the
utmost privacy and respect. I have been a patient of theirs for over 2 years. Please allow them to
continue operating at their present location.
-David
2/17/2009
Jay Thompson
From: Ginny Foat
Sent: Wednesday, February 18, 2009 12:00 PM
To: gfinla@msn.com; Jay Thompson
Subject: FW: Please help keeep them there
Importance: High
From: Lynda Samen [mailto:lsamen29@hotmail.com]
Sent: Wednesday, February 18, 2009 12:00 PM
To: Ginny Foat
Subject: Please help keeep them there
Dear Mrs, Foat,
My name is Lynda Samen and I am a kidney patient. I have stood
before the council and personally Thanked them for fighting my battle to
keep Medical Marijuana Legal in Palm Springs. x am the Dialysis patient
with "End Stage Renal Failure." Community Caregivers is where I get my
medicine and I feel so safe there. Please don't move them to an industrial
area where I will be too afraid to go. I have seen some of the other
locations and I did not even get out of the car. I arrive at Community
Caregivers where I am greeted by security. He discreetly lets me into the
clinic where the receptionist checks my ZD, and License (again) and then
I go into the area where the technicians in scrubs help me decide what I
need, I feel safe and never threatened. Please keep them in their current
location...isn't there some sort of law that allows ",existing" clinics to
remain where they are? Or can you write a new law? Let me what to do
to help you. I am commited to having safe access to my medicine. God
Bless, and Thank-you for your time, Lynda Samen
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2/18/2009
MARIJUANA ANTI-PROHIBITION PROJECT A
AMERICAN HARM REDUCTION ASSOCIATION
Compassion and Common Sense �I
PO Box 739, Palm Springs CA 92263-0739
Phone -- 760-799-2055
www.mariivananews.org — email to lann mari uananews.org IV
1 cbruary 13. 2009
'I o: PALM SPRINGS CITY COUNCIL
From: LANNY SWERDLOW
Suhjcet: SUGGESTED IMPROVEMENTS TO PALM SPRINGS COLLECTIVE
ORDINANCE:
EmprMemenL 41 - Section 1
Dclines collective or cooperative as live or more patients. Change to seven or more.
I. More economically leasible to operate—not much more expensive to grow for six than
IUnr.
2. Makes medicine more affordable - Helps more patients obtain their medicine at the
lowest possible cost.
Involves more patients in the actual cultivation process. Participating in growing your
medicine provides therapeutic benefits in and of itself.
Improvement 42 - 9322.00 C
". . . and shall not be located on any property that is occupied with a commercial retail use."
Many businesses located in warehouse zones are retail businesses that provide services and
merchandise to the ocneral public. Such a restriction would male it impossible to find an
acceptable location as almost all warehouses areas are occupied by some businesses that sell to
the general public.
Improvement#3 — 93.2,00 G 4 e
Requires barred windows.
Banks, pharmacies, liquor and jewelry stores are not required to have barred windows. What
kind of message are you sending to the general public when a collective has to look like sonic
kind of dangerous or sinister enterprise? Like any other business, let the owners take whatever
security precautions they feel are necessary and that are consistent with the image they wish to
project to the community.
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Pn1111 Springs Collective Ordinance
Suggcstcd improvements
Pu9C 2
Improvement 94 — 93.22.00 114
Criminal record —
Thcre is no time limit. if someone was convicted of a felony fifteen years ago but has reformed
their lives, then they shouldn't be punished Ibr all eternity. Specify that this section only applies
il•the conviction is in the last 10 years or at least give them some kind ol'avenue of appeal.
Improvement $5 - 93.22.00 K 2
l:cquires hours of operation ol'9 a-m. to 7 p.m. Monday through Saturday-
Since when is Palm Springs in the habit of ordaining blue laws on Palm Springs businesses- .lust
because your Sabbath is on Sunday doesn't mean everyone else's is. if you only want the
collectives to operate six clays a week, then specify that but let the collective operators decide
which day they want to close. i cannot comprehend what civic need justification there is for not
allowing a collective to better serve its members by being open seven days a week.
Improvcmcnt ll6- 93,22.00 K 4
"The cooperative shall maintain patient records on site . . . "
Although it is hoped that President Obama will stop the DEA raids, this is not a given and it
would be prudent to allow patient records to be stored off-premises but accessible to city
oflicials on demand.
Improvement #7-93.22.00 K 7
Prohibits the sale of commercial products
What justification is there for not allowing a collective to sell other items•-especially those
rclaled to cannabis ingestion? Must patients have to li equent one Of those "head shops" with
psychedelic posters of Bob Marley and yard high bongs artistically molded to look like a naked
woman in order to obtain vaporizers, pipes, educational materials and other accessories. Wal-
Mart doesn't sell them. Neither does 1 arget. Furthermore, by allowing the sale of other items,
the collective will be able to develop additional sources of revenue which should translate into
lower prices fair their medicinal marijuana.
Improvement 4 - 930022.00 K 14
Physician services prohibited.
Absolutely necessary, but the way it is written, one might conclude that physician services would
cover nurses providing health screenings, chiropractic, acupuncture and massage. Need to be
more specific - specifically say "No services provided by an M.D. or D.O. shall be allowed."
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CITY COUNCIL STAFF REPORT
DATE: February 18, 2009 LEGISLATIVE
SUBJECT: INITIATE AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SUBSECTIONS 91.00.10-B, 92.17.01-A, AND
92.17.1.01 OF, AND ADDING SECTION 93.22.00 TO, THE PALM
SPRINGS ZONING CODE, RELATING TO MEDICAL CANNABIS
COOPERATIVES AND COLLECTIVES AS PERMITTED USES IN THE
M-1 AND M-2 ZONES
FROM Douglas Holland, City Attorney
SUMMARY
Recent court decisions regarding the Compassionate Use Act and the Attorney
General's adoption of Guidelines relating to marijuana grown for medical use have
provided the City with guidance regarding the range of options available to the City
Council in addressing its ability to regulate the cultivation and dispensing of medical
cannabis to qualified patients. The proposed ordinance is an amendment to the City's
Zoning Code and would allow cooperatives and collectives in the M-1 and M-2 Zones of
the City. The City Council conducted a public hearing on January 7, 2009 and directed
this Office to prepare a revised ordinance that would include additional restrictions that
were outlined in an earlier staff report of this Office and that the Police Chief raised at
the public hearing. The Council also indicated that no more than two cooperatives or
collectives should be allowed in the City. The proposed ordinance addresses these
restrictions, provides for a regulatory permit to operate a medical cannabis cooperative
or collective, establishes the limitation on the number of allowed cooperatives or
collectives, and sets forth a process for evaluating and approving applications.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only; and
2. Introduce on first reading Ordinance No. _ "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 91.00.10-B,
92.17.01-A, AND 92.17.1.01 OF, AND ADDING SECTION 93.22.00 TO, THE
PALM SPRINGS ZONING CODE, RELATING TO MEDICAL CANNABIS
COOPERATIVES AND COLLECTIVES AS PERMITTED USES IN THE M-1
AND M-2 ZONES."
92
ooioao i ITEM NO.` 5. 4 7 `
City Council Staff Report
February 18, 2009 -- Medical Marijuana
Page 2
STAFF ANALYSIS:
The City Council conducted a public hearing on January 7, 2009, on an ordinance that
would allow for medical cannabis cooperatives or collectives in the M-1 and M-2 zone
districts in the City. These facilities were required to comply with the recently adopted
guidelines of the State Attorney General. During the course of the public hearing, the
City Council identified additional restrictions and limitations that were identified in
previous staff reports and discussed by the Chief of Police. Council directed this Office
to prepare a revised ordinance for introduction that would incorporate many of these
restrictions. These restrictions included a limitation of 2 on the total number of
cooperatives or collectives that could be located within the city. The proposed
ordinance establishes a regulatory permit and application process and a procedure for
the City Council to evaluate all qualified applications to determine which would be
allotted the two allowed slots.
The proposed ordinance adds a new Zoning Code section that establishes special
standards for medical cooperatives and collectives. This new provision contains the
requirement for a regulatory permit. (Subsection B.) No more than two cooperatives or
collectives can be maintained or operated in the City. (Subsection F.) Specific
locational requirements are also established. (Subsection C.) The regulatory permit
application requirements are contained in Subsection G and the City Manager's review
of applications is discussed in Subsection H. The City Council's review and evaluation
of qualified applications, including a ranking of applications in order of those that best
satisfy the requirements of the Code and provide the highest level of service and
opportunities for residents of Palm Springs is provided in Subsection I. Operation
requirements are detailed in Subsections J and K.
FISCAL IMPACT:
The proposed Ordinance is a City-initiated project. There is no direct fiscal impact
associated with the proposed Ordinance.
Doug Us Holland, City Attorney
Attachments: Draft Ordinance
GIl30tlb.1 iJ(r
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SUBSECTIONS 91.00.10-B, 92.17.01-
A, AND 92.17.1.01 OF, AND ADDING SECTION 93.22.00 TO, THE
PALM SPRINGS ZONING CODE, RELATING TO MEDICAL
CANNABIS COOPERATIVES AND COLLECTIVES AS
PERMITTED USES IN THE M-1 AND M-2 ZONES
City Attorney Summary
This Ordinance establishes that medical cannabis cooperatives and
collectives that comply with the Guidelines for the Security and
Non-Diversion of Marijuana Grown for Medical Use issued by the
Attorney General of the State of California in August 2008 are
permitted uses in the M-1 (service and manufacturing) and M-2
(manufacturing) Zones.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
SECTION 1. Section 91.00.10 of the Palm Springs Zoning Code is amended to add
the following definition to subsection 8:
"Medical Cannabis" and "Medical Marijuana" are defined in strict accordance with
California Health and Safety Code sections 11362.5 and 11362.7 et seq.
"Medical Cannabis Cooperative or Collective" means five or more qualified
patients and caregivers who collectively or cooperatively cultivate and share physician-
recommended cannabis or marijuana in a manner strictly consistent with the Guidelines
for the Security and Non-Diversion of Marijuana Grown for Medical Use issued August
2008, by the Office of the Attorney General for the State of California, as may be
amended from time to time ("Attorney General Guidelines"), on file in the Office of the
City Clerk. The term "Medical Cannabis Cooperative or Collective" shall not include
dispensing by primary caregivers to qualified patients in the following locations and
uses: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety
Code; a health care facility licensed pursuant to Chapter 2 of the Division 2 of the
Health and 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 and
Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code; a residential hospice; or a home health
agency licensed pursuant to Chapter 8 of Division 2 of Health and Safety Code, as long
as such use complies strictly with applicable law including, but not limited to, Health and
Safety Code sections 11362.5 and 11362.7 et. seq., or the cultivation, storage, or use
by a qualified patient or patients or that patient's or patients' primary caregiver or
caregivers, incidental to a residential use by, and for the sole use of, the patient or
patients who reside at such residential use location.
SECTION 2. Section 92.17.01 of Chapter 92.00 of the Palm Springs Zoning Code is
amended by adding the following to subsection A:
12. Medical Cannabis Cooperative or Collective, subject to the property
t
development standards contained in Section 93.22.00 of this Code.
SECTION 3. Section 92.17.1.01 of Chapter 92.00 of the Palm Springs Zoning Code is
hereby amended by adding the following to sub-section A:
6. Medical Cannabis Cooperative or Collective, subject to the property
development standards contained in Section 93.22.00 of this Code.
SECTION 4. Section 93.22.00 is added to the Palm Springs Municipal Code to read:
93.22.00 Medical Cannabis Cooperative or Collective Special Standards.
A. No land use entitlement, permit (including building permit) approval, site plan,
certificate of occupancy, zoning clearance, or other land use authorization for a Medical
Cannabis Cooperative shall be granted or permitted except in conformance with this
Section.
B. Medical Cannabis Cooperatives or Collectives shall be permitted, upon
application and approval of a regulatory permit in accordance with the criteria and
process set forth in this Section-
C. No Medical Cannabis Cooperative or Collective shall be established, developed,
or operated within five hundred (500) feet of a school, public playground or park, or any
residential zone property, youth center, or church, or within one thousand (1000) feet of
any other Medical Cannabis Cooperative or Collective, and shall not be located on any
property that is occupied with a commercial retail use. All distances shall be measured
in a straight line, without regard to intervening structures, from the nearest point of the
building or structure in which the Medical Cannabis Cooperative or Collective is, or will
be located, to the nearest property line of those uses describe in this Subsection.
D. A Medical Cannabis Cooperative or Collective is not and shall not be approved
as an accessory use to any other use permitted by this Zoning Code.
E. A Medical Cannabis Cooperative or Collective shall be parked at a rate of 1
space for every 250 gross square feet of the entire business space-
F. No more than two Medical Cannabis Cooperatives and/or Collectives shall be
maintained or operated in the City at any time. In the event more than two cooperatives
or collectives are eligible for regulatory permits under this Section, the City Council shall
review and evaluate all qualified applications and will approve issuance of regulatory
permits to the most qualified as determined through the Allotment Process described
below.
G. Prier to initiating operations and as a continuing requisite to conducting
operations, the legal representative of the persons wishing to operate a Medical
Cannabis Cooperative or Collective shall obtain a regulatory permit from the City
Manager under the terms and conditions set forth in this Section. The legal
representative shall file an application with the City Manager upon a form provided by
the City and shall pay a filing fee as established by resolution adopted by the City
Council as amended from time to time. An application for a regulatory permit for a
2
o22424 1
Medical Cannabis Cooperative or Collective shall include, but shall not be limited to, the
following information:
1. An estimate of the size of the group of primary caregivers and/or qualified
patients who will be served by the non-profit cooperative; this description should
include whether delivery service will be provide and the extent of such service.
2. The address of the location from which the cooperative for which
application is made will be operated;
3. A site plan and floor plan of the premises denoting all the use of areas on
the premises, including storage, cultivation areas, exterior lighting, restrooms,
and signage.
4. A security plan including the following measures:
a. Security cameras shall be installed and maintained in good
condition, and used in an on-going manner with at least 120 concurrent
hours of digitally recorded documentation in a format approved by the City
Manager. The cameras shall be in use 24 hours per day, 7 days per week.
The areas to be covered by the security cameras include, but are not
limited to, the storage areas, cultivation areas, all doors and windows, and
any other areas as determined by the City Manager.
b. The lease/business space shall be alarmed with an alarm system
that is operated and monitored by a recognized security company-
C. Entrance to the dispensing area and any storage areas shall be
locked at all times, and under the control of cooperative staff.
d. The business entrance(s) and all window areas shall be illuminated
during evening hours. The applicant shall comply with the City's lighting
standards regarding fixture type, wattage, illumination levels, shielding,
etc., and secure the necessary approvals and permits as needed.
e. All windows on the building that houses the cooperative or
collective shall be barred and all marijuana securely stored, and a reliable,
commercial alarm system shall be installed and maintained.
5. The name and address of any person who is managing or responsible for
the Medical Cannabis Cooperative or Collective's activities, and the names and
addresses of any employees, if any, and a statement as to whether such person
or persons has or have been convicted of a crime(s), the nature of such
offense(s), and the sentence(s) received For such conviction(s).
6. The name and address of the owner and lessor of the real property upon
which the business is to be conducted. In the event the applicant is not the legal
owner of the property; the application must be accompanied with a notarized
acknowledgement from the owner of the property that a Medical Cannabis
Cooperative or Collective will be operated on his/her property.
7. Authorization for the City Manager to seek verification of the information
contained within the application.
8. Evidence that the cooperative or collective is organized as a bona fide
non-profit cooperative, affiliation, association, or collective of persons comprised
exclusively and entirely of qualified patients and the primary caregivers of those
patients in strict accordance with the Compassionate Use Act.
9. A statement in writing by the applicant that he or she certifies under
penalty of perjury that all the information contained in the application is true and
correct.
3
10. Any such additional and further information as is deemed necessary by
the City Manager to administer this Section.
H. The City Manager shall conduct a background check of any applicant for a
regulatory permit, including any person who is managing or is otherwise responsible for
the activities of the cooperative or collective, and any employee, and shall prepare a
report on the acceptability of the applicant's background and the suitability of the
proposed location. Upon completing the review process, the regulatory permit shall be
deemed a qualified application subject to the final certification and approval by the City
Council pursuant to the allotment process, unless the City Manager finds that the
applicant:
1. Has made one or more false or misleading statements, or omissions on
the application or during the application process; or
2. The proposed cooperative or collective is not allowed by state or local law,
statue, ordinance, or regulation, including this Code, at a particular location
3. Is not a Primary Caregiver or Qualified Patient or the legal representative
of the cooperative or collective; or
4. The applicant, or any person who is managing or is otherwise responsible
for the activities of the cooperative or collective, or any employee, if any, has
been convicted of a felony, or convicted of a misdemeanor involving moral
turpitude, or the illegal use, possession, transportation, distribution or similar
activities related to controlled substances, with the exception of marijuana
related offenses for which the conviction occurred prior to passage of
Compassionate Use Act.. A conviction within the meaning of this section means
a plea or verdict of guilty or a conviction following a plea of nolo contendere.
5. The applicant. Or any person who is managing or is otherwise responsible
for the activities of the cooperative or collective has engaged in unlawful,
fraudulent, unfair, or deceptive business acts or practices_
6. Has not satisfied each and every requirement of this Section.
Based on the information set forth in the application and the City Manager's report, the
City Manager, or the City Council pursuant to the allotment process, may impose
reasonable terms and conditions on the proposed operations in addition to those
specified in this Section. A regulatory permit issued pursuant to this Section is not
transferable.
I. The City Manager will accept applications for Medical Cannabis Cooperatives or
Collectives during a ninety (90) day period commencing on the effective date of this
Section. Such 90 day time period plus an additional 30 days to complete the reviews
and the preparation of the reports called for in this Section shall be considered the
"Application Period." In the event there are no more than two qualified applications
submitted during the Application Period and determined to be conditionally qualified by
the City Manager, the City Manager shall refer the applications to the City Council with a
recommendation that the City Council approve the issuance of a regulatory permit to the
applicants, subject to full compliance with the provisions of this Section and any
conditions of approval. In the event three or more applications have been determined to
be qualified by the City Manager during the Application Period, the City Manager shall
submit the qualified applications and the City Manager report on each application to the
City Council for review and consideration. The qualified applications shall be
„ ,. 4
considered concurrently by the City Council at a public hearing noticed and conducted
pursuant to the provisions of Section 94.02.00 C of this Code. The City Council shall
consider the qualified applications after evaluating the applications on their respective
merits and the City Council may conditionally approve each qualified application or deny
one or more of such applications if the Council makes one or more of the findings listed
in Subsection H. The City Council shall rank all qualified applications in order of those
that best satisfy the requirements of this Section and provide the highest level of service
and opportunities for residents of Palm Springs. The two highest ranked qualified
applications shall be granted regulatory permits pursuant to this Section.
J. The obligations of the Medical Cannabis Cooperative or Collective, including all
on-going and continuing obligations required pursuant to any provision of this Section or
as may be provided in any conditional approval of the City Manager or the City Council,
shall be set forth in a covenant running with the land or the leasehold interest, approved
as to rorm by the City Attorney, and enforceable by the City. Such covenant shall also
provide that the cooperative or collective shall annually provide to the City Manager an
updated application containing the information contained in Subsection G. To the fullest
extent permitted by law, the City shall not assume any liability whatsoever, and
expressly does not waive sovereign immunity, with respect to medical cannabis, or for
the activities of any Medical Cannabis Cooperative or Collective. Upon receiving
possession of a regulatory permit as provided in this Section, the collective or
cooperative shall
1. Execute an agreement indemnifying the City;
2. Carry insurance in the amounts and of the types that are acceptable to the
City Manager;
3. Name the City as an additionally insured.
4. Agree to defend at its sole expense, any action against the City, its
agents, officers, and employees because of the issues of such approval.
5. Agree to reimburse the City for any court costs and attorney fees that the
City may be required to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action, but
such participation shall not relieve the operator of its obligation hereunder,
K. No persons shall engage in, conduct, or be permitted to engage in or conduct a
Medical Cannabis Cooperative or Collective ("cooperative") unless each of the following
requirements is continually met:
1. The cooperative or collective shall comply fully with all of the applicable
restrictions and mandates set forth in state law, including without limitation the
Attorney General Guidelines.
2. The cooperative shall only be open between the hours of 9:00 a.m. and
7:00 p.m., Monday through Saturday.
3. Physician's referrals shall be verified by the cooperative prior to inclusion
into the cooperative and at least every six months thereafter.
4. Each member of the cooperative or collective shall be a patient or a
qualified primary caregiver. The cooperative shall maintain patient records on
site, including, but not limited to, a copy of the physician's referral and, if using a
primary caregiver, a notarized written authorization from the patient to be
represented by such primary caregiver.
r,22424.1 5 Q 7
5. Cannabis shall be kept in a secured manner during business and non-
business hours.
6. If consumable Medical Cannabis products (including, but not limited to,
lollipops, brownies, cookies, ice cream, etc.) are present on site or offered for
distribution, then the applicant shall secure a County of Riverside Department
of Health Services approval for handling food products.
7. No cooperative shall conduct or engage in the commercial sale of any
product, good, or service. The term "commercial sale" does not include the
provision of medical marijuana on terms and conditions consistent with this Code
and applicable law.
8. Any Medical Cannabis Cooperative or Collective must pay any applicable
sales tax pursuant to federal, state, and local law.
9. On-site smoking, ingestion, or consumption of cannabis or alcohol shall be
prohibited on the premises of the cooperative or collective. The term "premises"
as used in this Subsection includes the actual building, as well as any accessory
structures, parking areas, or other immediate surroundings. The building
entrance to a Cooperative shall be clearly and legibly posted with a notice
indicating that smoking, ingesting, or consuming marijuana on the premises or in
the vicinity of the dispensary is prohibited
10. Signage for the cooperative shall be limited to name of business only, and
no advertising of the goods and/or services shall be permitted.
11. Alcoholic beverages shall not be sold, stored, distributed, or consumed on
the premises. A cooperative or collective 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,
alcohol shall not be provided, stored, kept, located, sold, dispensed, or used on t
he premises of the cooperative or collective.
12. Except as provided in Subsection G-4, windows and/or entrances shall not
be obstructed and must maintain a clear view into the premises during business
hours.
13. No one under 18 years of age shall be a member of a cooperative or a
collective without written authorization of a parent or legal guardian.
14. Physician services shall not be provided on the premises. "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 the cooperative or collective 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 Compassionate Use Act.
16. The cooperative or collective shall not distribute, sell, dispense, or
administer cannabis to anyone other than qualified patient members of the
cooperative or collective and their primary caregivers.
17. A Medical Marijuana Cooperative or Collective shall distribute only
cannabis cultivated on the premises or by a member of the cooperative or
collective or the member's primary caregiver. The cooperative or collective shall
do an inventory on the first business day of each month and shall record the total
6
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quantity of each form of cannabis on the premises. These records shall be
maintained for two (2) years from the date created.
18. Provide the City Manager with the name, phone number, facsimile
number, and email address of an on-site community relations or staff person or
other representative to whom one can provide notice if there are operating
problems associated with the Cooperative. The Cooperative shall make every
good faith effort to encourage residents to call this person to try to solve
operating problems, if any, before any calls or complaints are made to the police
or planning departments.
19. Fully comply with and meet all operating criteria required pursuant to the
Compassionate Use Act, state law, the Attorney General Guidelines, the
provisions of this Section, and any specific, additional operating procedures and
measures as may be imposed as conditions of approval of the regulatory permit,
and all requirements set forth in the covenant as described in Subsection J, in
order to ensure that the operation of the cooperative or collective is consistent
with the protection of the health, safety, and welfare of the community, qualified
patients, and primary caregivers, and will not adversely affect surrounding uses. .
L. Enforcement
1. 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.
2. The City Manager shall have the right to enter the Medical Cannabis
Cooperative or Collective from time to time unannounced for the purpose of
making reasonable inspections to observe and enforce compliance with this
Section and all laws of the City and State of California.
3. Operation of the cooperative or collective in noncompliance with any
conditions of approval or standards of this Section shall constitute a violation
of the Municipal Code and shall be enforced pursuant to the provisions of this
Code.
4. The City Manager may revoke a medical marijuana regulatory permit if
any of the following, singularly or in combination, occur:
a. The City Manager determines that the cooperative or collective has
failed to comply with this Section, any condition or approval, or any
agreement or covenant as required pursuant to this Section; or
b. Operations cease for more than 90 calendar days, including during
change of ownership proceedings; or
C. Ownership is changed without securing a regulatory permit; or
d. The cooperative or collective fails to maintain 240 hours of security
recordings; or
e. The cooperative or collective fails to allow inspection of the security
recordings, the activity logs, or of the premise by authorized City officials.
5. Any decision regarding the approval, conditional approval, denial, or
revocation of a regulatory permit may be appealed to the City Council. Said
appeal shall be made by a notice of appeal from the person appealing within
thirty (30) days from the date of the decision. The appeal shall be accompanied
by a fee, which shall be established by resolution of the City Council amended
from time to time, and a written, verified declaration setting forth the basis for the
claim that the permit was improperly approved, denied, conditioned or revoked.
7
E. Q
Filing of an appeal shall suspend the issuance of all regulatory permits until
action is taken on the appeal.
M. In the event a qualified cooperative or collective that receives an allotment under
Subsection I of this Section ceases to operate for any reason, the City Manager shall
reopen the allotment process and provide an opportunity for new applications to be
submitted. The time periods and process provided in Subsection I shall be applied to
the review and consideration of applications and the allotment of a regulatory permit.
SECTION 5. The City Council finds, determines, and declares that pursuant to public
testimony, reports from staff, and written or documentary evidence provided to this
Council, this Ordinance and the standards contained herein are appropriate and
warranted for various reasons as stated therein, including without limitation-
A. In 1996, the voters of the State of California approved Proposition 215, known as
the "Compassionate Use Act" ("Act") (codified as Health and Safety (H&S) Code §
11362.5 et seq.), which creates a limited exception from criminal liability under
California law as opposed to federal law for seriously ill persons who are in need of
medical marijuana for specified medical purposes and who obtain and use medical
marijuana under limited, specified circumstances.
B. In 2004, Senate Bill 420, known as the "Medical Marijuana Program Act"
("Program"), became law (codified as H&S Code § 11362.7 et seq.) which established a
statewide identification card program for qualified medical marijuana patients and their
primary caregivers and recognized a qualified right to collective and cooperative
cultivation of medical cannabis.
C. Section 11362.83 of the Program provides that local governments are free to
adopt laws that are consistent with State law, and as such, it is up to each jurisdiction to
decide if they will allow medical cannabis cooperatives or collectives, in what zones,
and under what regulations.
D. Recognizing that there is a potential conflict between Federal and State law, it is
the City Council's intention that this Chapter shall be deemed to comply with California
law as established by the Act and the Program, which provide for the use of medical
cannabis by qualified patients and the dispensation of medical cannabis to qualified
patients by medical cannabis dispensaries, regarding the location and operation of
medical marijuana cannabis.
E. In August 2008, the Attorney General of the State of California set forth
Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use
("Guidelines") which Guidelines affirm the legality of medical marijuana collectives and
cooperatives under California law, but make clear that such entities cannot be operated
for profit, may not purchase marijuana from unlawful sources and must have a defined
organizational structure that includes detailed records proving that members are
legitimate patients.
F. The City Council determines that it is in the best interest of the residents of the
City to allow cooperatives and collectives that comply with the Guidelines to be
established and operated as permitted uses within specified manufacturing and
industrial zones subject to the regulations and restrictions provided in this Ordinance-
8
It is the City Council's intention that nothing in this Chapter shall be construed to:
1. Allow persons to engage in conduct that endangers others or causes a
public nuisance;
2) Allow the use of cannabis for non-medical purposes of any kind; or
3) Allow any activity relating to the cultivation, distribution, or consumption of
cannabis that is otherwise not permitted under State law.
G. The City Council finds that the actions contemplated by this Ordinance are
exempt from the California Environmental Quality Act pursuant to Section 15061 (b) 3
and 15305 of the Guidelines, in that the amendment does not have the potential for
causing a significant effect on the environment.
SECTION 6. No use, business, or activity of any kind which distributed marijuana prior to
the enactment of this Ordinance shall be deemed to have been a legally established
use under the provisions of the Zoning Code and such use shall not be entitled to claim
legal nonconforming status.
SECTION 7. If any section or provision of this Ordinance is for any reason held to be
invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, then the provisions of Section 1 through 6,
inclusive, of this Ordinance shall be deemed invalid and unenforceable and the
dispensing of cannabis for any reason in any zone shall be deemed a prohibited use
under the City's Zoning Code. The City Council hereby declares that it would not have
adopted this Ordinance if any of the sections or provisions thereof may be declared
invalid or unconstitutional or contravened via legislation.
SECTION 8. By regulating Medical Cannabis Cooperatives and Collectives, the City of
Palm Springs is only assuming an undertaking to preserve the general welfare through
the provision of a method of implementing the Compassionate Use Act. The City
Council is not assuming, nor is it imposing on its officers and employees, an obligation
for which a breach thereof would expose the City to a liability in money damages to any
person who claims that such breach proximately caused injury. To the fullest extent
permitted by law, the City shall assume no liability whatsoever, and expressly does not
waive sovereign immunity, with respect to any provision of this Ordinance or for the
activities of any Medical Cannabis Cooperative or Collective. To the fullest extent
permitted by law, any actions taken by a public officer or employee under the provisions
of this Chapter shall not become a personal liability of any public officer or employee of
the City. Nothing in this Ordinance shall be deemed or considered in any respects to
constitute authorization to violate any state or federal law.
SECTION 9. Prior to January 1, 2011, the City Manager shall file a report with the City
Council with recommendations based on factual data contained in the reports on the
operation of Medical Cannabis Facilities in the City and to make recommendations
regarding the modification, refinement, or amendment of this Ordinance, including, but
not limited to, recommendations regarding the number, size, and location of and
Cooperatives needed to provide medical cannabis to City residents consistent with the
provisions of the Compassionate Use Act.
SECTION 9. 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
9
6114141
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED THIS DAY OF 12008.
STEPHEN P. P000NET
MAYOR
ATTEST:
James Thompson, City Clerk
APPROVED AS TO FORM:
Douglas Holland, City Attorney
10
ns�•iza ,
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 the day of 2008 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs,
California
11
611424 1 i c�J
Jay Thompson
From: Jay Thompson
Sent: Monday, January 12, 2009 9:00 AM
To: Jay Thompson
Subject: FW:
From: Larry Hochanadel [mailto:drracer@verizon.net]
Sent: Thursday, January 08, 2009 12:26 PM
To: Steve Pougnet
Cc: Ginny Foat; Rick Hutcheson; Chris Mills; Lee Weigel; Craig Ewing
Subject:
Dear Mayor and City Council,
We are writing this letter to you to ask you to please consider CM zoning to be added to your Medical
Marijuana ordinance.
Our son Stacy Hochanadel owner of Cannahelp served on the committee to draft the medical
marijuana ordinance, after helping to draft the ordinance and receiving the recommendations of the
State Attorney General he applied for a city business license in July. It was our understanding that the
collectives were going to be restricted to commercial / industrial zones. In anticipation of this ordinance
Stacy entered a lease in July, knowing he had a lot of work to do to be in compliance with the City and
the State of California this has taken him 6 months and approx. $100,000.00 dollars and has only
recently opened. At this time he has over 700 patients registered with him.
He has been so dedicated to making this collective a model for the City, his heart and soul is truly in
this project only to learn last night that the CM zone was not included to the ordinance. We are not sure
if this was an oversight or not.
I would invite and encourage all of you to visit the location at 505 Industrial Way, This building is perfect
for this use, it is the building Paul and Assoc. were in, it is industrial but close to town and within
approx. 500 feet of a bus stop on Palm Canyon and Sunny Dunes, it has it's own parking and Stacy
has installed all security cameras inside and out, a secure reception desk with a mantrap to enter the
sale area.
I think you will see how much time and thought has gone into this Collective we think it is the only one
to be totally in compliance except for the zoning issue.
Thank you all for all of the work you have done so far on this ordinance, it is a huge step for the City
that really does care about its citizens. I'm sure it will be used as a model for other California cities...
Thank you again and please consider our request
Larry and Angie Hochanadel
• k�
1/12/2009
Page 1 of I
Cindy Berardi y
�rrr
From: Jeff Miller [wesellsand@aol.com]
Sent: Wednesday, February 11, 2009 8:23 AM
To: WeSellSand@aol.com
Subject: Community Caregivcrs CIT 'f CL-;?r,,
Hello,
This email is in suppoA of Community Caregivers and that they not be required to move.
I am also asking that the Council to re-discuss the issue and postpone the vote on the I Sth of February.
Thank you very much.
Jeff Miller
(760) 324-7070 Direct
(760) 406-6288 B-Fax
This information may be legally privileged and/or is confidential, and is intended for the use of the addressee named
above. Any other use is strictly prohibited. If you have received this communication in error, please immediately notify
me and destroy the communication. Any wrongful interception of this transmission is prohibited and punishable wider
federal law.
2/11/2009
Jay Thompson
From: Jay Thompson
Sent: Monday, January 12, 2009 8,59 AM
To: Jay Thompson
Subject: FW: Hi James, For inclusion on the MMJ issue. Thanks, Atson.
From: Investmentsintl@cs.com [mailto:Investment$intl@cs.com]
Sent: Thursday, January 08, 2009 10:35 AM
To: cityclerk@palmsprings-ca.gov
Subject: Hi James, For inclusion on the MMJ issue. Thanks, Atson.
For inclusion on the MMJ issue. Thanks, Atson.
Letter to the Editor.
Last month many residents of our city were upset because of the gay marriage ban.
They should be upset, the government just told them they were all second class ,
citizens. At the last City Council meeting I heard remarks from some of our City
Council making more of our citizens second class citizens. They want medical
marijuana pharmacies forced to move to industrial areas of our city where safety
and access to patients are both questionable. In other words, the old, the sick and
the dying of our city were just told to go to the back of the bus because only clean
white people can sit in the front. Medical marijuana patients are the Rosa Parks of
our time. There bus is the moving of MMJ pharmacies to distant parts of our city
endangering the most vulnerable of our citizens The bus driver that told us to sit in
the back wants to limit the number of our pharmacies. Do the say that to Longs or
Savon? Patients in Palm Springs are now the filthy sick people the city doesn't what
any to see. Has their been a problem with any of the locations of MMJ pharmacies
in our town? No, in the last 2 years only two problems have arisen compared to
probably thousands of problems associated with alcohol over the same time period.
As the saying goes, if it ain't broke, don't fix it. We shale overcome.
1/12/2009 - - -- -
Er"r January 30, 2009
Attn: Mr.Thompson; 2Q)j 3)INj 30 'j" �(' 0 6
°,i !!',-5 'I-rl0i ,';i
I am writing this letter with regard to the Couggi1s';rc�patoonsideration of medical marijuana
dispensaries. My name is Dan and I have lived in the Palm Springs area for over 30 years- I am totally,
physically disabled with severe spinal disease. I am in severe and chronic pain that will not get better-
Medical marijuana is very helpful in dealing with the loss of appetite,side effects of medications and
chronic pain. I have had a current prescription since 1996. Due to my conditions, I am unable to grow my
awn plants as was advised to seek out dispensaries. My income is below poverty level so the cost would
have been prohibitive. I have called or had personal contact with dispensaries throughout Southern
California. Most of the dispensaries follow"compassion guidelines".These guidelines provide for
compassionate care of qualified (by low income and disability) patients.This is done by providing a
discount or no cost medication.
Through my contact with the local dispensaries, I have learned that C.A.P.S. has both a discount and a no
cost program.Cannahelp offers a minimal discount program.Other local dispensaries do not have the
compassion programs for their patients.
C.A.P.S. has a knowledgeable staff that can answer questions and provide information as well as
support for their patients. C.A.P.S. compassion program provides no cost medication to 12 patients
other than me and a discount of 20%to 50%to another 85 patients.
Before C-A-P.S-was opened, I had lost approximately 30 pounds in about four months.The C.A-P.S.
dispensary provided and still provides me with no cost medical marijuana and my weight has evened
out. I have been able to avoid hospitalization and I also have not had to increase my other pain
medications.
C.A-P,S. has been sensitive and responsive to the needs and concerns of both the city and the patients
that they serve. I believe and submit to you that the C.A.P.S. dispensary is a benefit to its patients and
the community.The compassion of C.A.P.S- has greatly improved the quality of life for me and many
other desert residents.
Thankycu, /
Daniel—Patient 224 C.A.P.S. Dispensary
For further information, please do not hesitate to call me. (760) 251-6033
Jay Thompson IT-C
From: Jay Thompson 20H FE J 10 i°t. 8: { 0
Sent: Tuesday, February 10, 2009 8:07 AM
To: Jay Thompson JAf1E5 ;i-I 'J: l1'
GI T Y CL'EPK
Subject: FW: FW:
From: Gloria Moore [mailto:freakyncaliCctyahoo,com]
Sent: Monday, February 09, 2009 2:17 PM
To: Steve Pougnet
Subject:
Hello my name is Gloria Moore and i understand the city is voting concerning community
caregivers .This is where i go to get my znedicine.I have been to other clinics but this one i
feel safe and i am treated with respect.It is in a good location off the main strip and they are
very professional in the way i am treated when i go there.Please do not move or close this
clinic-This is the only place i go for my medicine.Thank you for your time Gloria Moore
Re discuss or postpone the vote on the 18Th of February 2009 please
rd
2/10/2009
Jay Thompson
From: Ginny Foat
Sent: Wednesday, February 11, 2009 2:20 PM
To: Jay Thompson
Subject: FW: C.A.P.S.
From: Cjderby@aol.com [mailto:Cjderby@aol.com]
Sent: Tuesday, February 10, 2009 1:24 PM
To: Stevepougnet@palmsprings-ca.gov
Cc: Ginny Feat; Rick.Hutchenson@palmsprings-ca.gov; Chris Mills; Lee Weigel
Subject: C.A.P.S.
Dear Mayor and Council Members:
I am an HIV positive resident of Palm Springs and I write to tell you that as a victim of"wasting syndrome" I
have greatly benefited from the services provided by C.A.P.S. They have a five year history in Long Beach and
are clean, secure and customer oriented.
Thank you,
C.J. Derby
1288 Oro Ridge
Palm Springs, CA 92262
562-277-6724
The year's hottest artists on the red carpet at the Grammy Awards. AOL Music takes ou there.
2/12/2009 - . 0
Jay Thompson
From: Ginny Foat
Sent: Wednesday, February 11, 2009 2:20 PM
To: Jay Thompson
Subject: FW: Ordinance limiting Medical Cannabis Cooperatives
From: GBindman@aol.com [mailto:GBindman@aol.com]
Sent: Monday, February 09, 2009 6:27 PM
To: Steve Pougnet
Cc: Chris Mills; Ginny Foat; Rick Hutcheson; Lee Weigel
Subject: Ordinance limiting Medical Cannabis Cooperatives
The I-Ionorable Steve Pougnei Mayor of Palm Springs,Mayor pro tcm and City Council members,
Three years ago 1 retired from the Los Angeles Superior Court after spending fifteen years on the bench.My family and I
now live in Rancho Mirage.My judicial experience and expertise relates to drug and alcohol abuse/recovery. I am also aware
of the starts of the ordinance now being prepared by the City Attorney.The reason for writing you and the other City Council
members is that I want to bring.to your attention an issue that seems not to have been discussed yet.
Flowever,I must share with you thar I have been asked by a group from Los Angeles,that presently run a legal fasciity,to
assist them in realizing their desire to be a part of the legal marijuana cooperative community in Pahn Springs. If
circumstances come to a point where you would wish to hear from them,then it is possible I will have the opportunity io
recommend them to you.But what I have to say now is my personal thoughts that I feel should at least be presented before
the final vote is taken.
The City of Palm Springs should be commended for its sensitive and forward thinking in even considering such an
ordinance as is now being discussed.I would suggest that the time is perfect for such facilities, especially in view of the new
administrations position on the federal tole in California's legal use ormcdical marijuana.Even though the zoning issues
seems pretty much decided upon,I would like to bring the following to your attention.
It is my suggestion that if cooperatives are allowed, they should not be placed where they arc now being considcrcd. It is the
time for a community to bring these medical marijuana cooperatives out of the darkness of factories and commercial zones to
where they can be more transparent.And i think Palm Springs is in a position to consider this option,and let me share the
reason why.
From my experience,the potential issue of the wrong folks taking advantage of the system and obtaining marijuana 1'or
personal use(not medical)is from the doctors,NOT hiding the facility from public view.Most recommendations for the
medical use of marijuana will be from local doctors and if they lutew that their patients would be seen entering and exiting
these facilities(not by video for later review)they would be very, very careful as to where they put their signanue.
For this reason alone I think it is a mistake not to consider other zoning possibilities.The mystique must be changed and the
Mayor and the City Council are in a position to lead the country, at this turning point in time,in saying that medical
marijuana adds to the community both in image and reality and that it should not be treated as something to hide.
The ultimate goal is seeing that the people who need the medical marijuana for legitimate health concerns are treated like
every other person in the community and that those who do not need it, do not Crud their way with doctor's recommendations
in their hand at one of your cooperatives.
Thank you for taking the time to consider my thoughts and maybe someday soon I will have the opportunity to speak to you
and the council regarding the future of medical marijuana in Palm Springs.
Hon Gary L.Bindman
wwwwwwwwwwwwww
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2/12/2009
Jay Thompson
From: Ginny Foat
Sent: Wednesday, February 11, 2009 2:21 PM
To: Jay Thompson
Subject: FW: Community Caregivers
From: Jodi Rubin [mailto:ojodiol@yahoo.com]
Sent: Sunday, February 08, 2009 4:43 PM
To: Steve Pougnet
Cc: Ginny Foat
Subject: Community Caregivers
Please do not make these people forced to move their business in some remote Industrial center. I am a well
dressed professional and I do not want to have to feel unsafe when I go to pick up medicine.I hope that you
understand that these caregivers are very professional and are positioned behind the main street. This is
nowhere near any schools.Thank you
2/12/2009 a
page I of I
Cindy Berardi
From: Kevin Harmon [harmkev2@gmail.coml
Sent: Thursday, February 12, 2009 8:18 AM
To: Chris Mills; David Ready; Ginny Foat; James Thompson; Lee Weigel; RickHutcheson
Subject' Community Caregivers
As a law abiding citizen and medical needs patient, I would like to request the city and city counsel to cease it's
ridiculous oppression of revenue producing businesses like Community Caregivers. Please, postpone the final decision
for more discussion.
At it's current location there have been no disruptions or problems involving surrounding merchants or residents. This
is mischief by law you are causing to a legal business that has only conducted it's business well and paid the taxes we
need to nm our government. It's is not necessary for you to be so heavy-handed and reactionary. Your behavior is not a
service to the community. It's a waste of time and costing us more than we can afford. How can you attempt to subvert
the will of the citizens of our State? Have you no shame?
Your actions are those- of 19tb century behavior. If your doctor suggests bloodletting, may I suggest you tell him or hea-
"no thank you" and fund yourself and 21st Century physician.
Kevin Harmon
1936 Marguerite St.
Palm Springs, Ca
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2/13/2009 _ ._