2000 Municipal Code - Medical Marijuana, Amendments to Title 17 of RHMC84,calciralh<if qlet4
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INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 10-A
Mtg. Date: 03/28/16
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
YOLANTA SCHWARTZ, PLANNING DIRECTOR
NATALIE C. KARPELES, DEPUTY CITY ATTORNEY
RAYMOND R. CRUZ, CITY MANAGER
CONSIDERATION OF ORDINANCE NO. 347 OF THE CITY OF
ROLLING HILLS AMENDING SECTIONS 17.08.050 AND 17.16.020
AND ADDING CHAPTER 17.29 OF THE ROLLING HILLS
MUNICIPAL CODE IN ORDER TO PERMIT THE PERSONAL
CULTIVATION OF MEDICAL MARIJUANA AND IMPOSE AN
EXPRESS BAN ON COMMERCIAL MEDICAL MARIJUANA
CULTIVATION AND DISPENSARIES WITHIN THE CITY IN
ZONING CASE NO. 899 AND ZONING CODE AMENDMENT NO.
2016-01.
DATE PUBLISHED: MARCH 3, 2016
ATTACHMENTS:
DRAFT ORDINANCE NO. 347
CAPTAIN BERINGER'S OPINION
1. It is recommended that the City Council introduce the attached ordinance for
second reading and adoption, or provide other direction to staff.
2. The City Council held a public hearing in the matter of amendment to the
Municipal Code at their March 14, 2016 meeting regarding cultivation, dispensaries and
distribution of medical marijuana within the City and directed staff to bring forth the
ordinance for a second reading. The ordinance would permit cultivation of marijuana
for personal medicinal use. only in a small area of the property (100 sq.ft. area per
qualified patient and up to 500 sq.ft. for up to 5 qualified patients; either inside or
outside), prohibit dispensaries and delivery, except delivery by a dispensary having a
U
fixed storefront, cultivation cannot be visible from the street, easement or established
trail.
At the March 14, 2016 meeting, the City Council also considered the Resolution adopted
by the Planning Commission, which recommended adoption of an ordinance, which
would prohibit all cultivation, commercial and non-commercial .(for personal use). That
ordinance was recommended by the Planning Commission at a time when the matter
was deemed to be urgent and an ordinance needed to be adopted by ,a certain date, if
the City wished to control any type of marijuana activity within the City. The City
Council chose to consider and held a public hearing on the more permissive ordinance.
3. Under federal law, the distribution of marijuana remains a federal offense.
However, the federal government has traditionally relied on state and local authorities
to address marijuana activities through strong state -based enforcement efforts.
California is one of two dozen states that have legalized marijuana for medical use; yet
the recreational use of marijuana is still unlawful in our state. In order to allow persons
in need of medical marijuana to use it without fear of prosecution, California approved
the Compassionate Use Act (CUA) in 1996. Similarly, in 2004, California approved the
Medical Marijuana Program (MMP) to clarify the scope of the CUA and to provide
limited protection under the law for the cultivation of marijuana for qualifying patients
and primary caregivers.
On October 9, 2015, Governor Brown signed three bills into law - Assembly Bills 266
and 243, and Senate Bill 643 - collectively referred to as the Medical Marijuana
Regulation and Safety Act ("MMRSA"). Prior to the passage of the MMRSA, State law
provided no legal mechanism for commercial cultivation of marijuana for medicinal
purposes and Federal law prohibited all cultivation of marijuana. Until the MMRSA
was passed, cultivation of marijuana for medicinal purposes in California was restricted
to individual qualified patients or their primary care givers for non-commercial
purposes and limited to personal quantities. The MMRSA became effective on January
1, 2016 and contains provisions that govern the cultivating, processing, transporting,
testing, and distributing of medical marijuana to qualified patients.
4. Title 17 of the Rolling Hills Municipal Code (the City's Zoning Ordinance) lists
specifically permitted uses within the City. As medical marijuana dispensaries are not
permitted by right or with a conditional use permit, they are prohibited. Because the
Rolling Hills Municipal Code does not currently expressly and separately prohibit the
cultivation of marijuana or the delivery of marijuana within the City, Title 17 has
historically been applied to prohibit or preclude these types of activities. In order to
ensure full local control over regulation of commercial cultivation of marijuana for
medicinal purposes in the City is preserved, the MMRSA contains language that
requires commercial cultivation and delivery services to be expressly prohibited by
local ordinance, if the City wishes to do so.
Currently the City's Ordinance specifically states:
L•
17.16.020 Permitted and prohibited uses.
A. Uses permitted in the RA -S zone as primary uses include:
1. Single-family residences;
2. Tree, bush or field crops provided there is no retail sale from the premises and
provided the activity does not cause undue traffic not normally associated with
residential use.
B. The following uses are prohibited in the RA -S zone:
1. It shall be unlawful for any person to offer or make available for rent or to rent
(by way of a rental agreement, lease, license or any other means, whether oral
or written) for compensation a residential dwelling or a room in a dwelling for
occupancy of less than thirty days.
2. It shall be unlawful for any person to occupy a residential dwelling or a room in
a dwelling for less than thirty days pursuant to a rental agreement, lease, license
or any other means, whether oral or written, for compensation.
5. Staff requested an opinion on the proposed Ordinance from Captain Beringer of
the Lomita Sheriff Station, which is attached. It is his opinion that the proposed
Ordinance is responsive to the law and will not create public nuisance for the City or its
enforcement agencies.
6. Per Council direction, staff with the help of City Attorney's office, contacted
several local cities to find out what ordinance relating to the marijuana issue they
adopted. Staff found the following:
PVE - adopted a total ban (cultivation, dispensaries and delivery) prior to the March 1,
2016 dead line that cities were threatened with.
RHE - adopted a total ban on cultivation and dispensaries; and allows limited (similar
to RH) delivery
Torrance - adopted a total ban on cultivation and dispensaries; and allows limited
(similar to RH) delivery
RPV - City Council put the item on hold until after November*.
Hermosa Beach - adopted a total ban (cultivation, dispensaries and delivery) prior to
the March 1, 2016 dead line
*There is a strong possibility that an initiative will reach the ballot in November 2016
that would legalize marijuana and hemp under state law. The initiative was also
designed to establish state agencies to oversee the licensing and regulation of the
marijuana industry.
Other larger and more distant cities:
West Hollywood - allows for personal and limited commercial cultivation
City of Los Angeles, Riverside and San Diego - allow for limited personal cultivation
-3-
u
We also found that many Central and Northern California cities, some with abundance
of open space similar to Rolling Hills, (Bishop, Berkeley, Concord, Chico, Lodi) allow
for personal cultivation with various restrictions, such as:
- Limiting cultivation to a certain number of plants
- Limiting cultivation to a certain number of square feet
- Prohibiting outdoor cultivation
- Allow only in enclosed, detached outdoor spaces
- Prohibiting in rental units w/out owner consent
- Prohibiting personal cultivation if someone under the age of 18 resides at the
residence
In addition, at the last meeting a question was raised if registration for medical
marijuana cultivation with the City is necessary. The Assistant City Attorney responded
to staff that the state law requires it.
7. The proposed Ordinance would:
1. Prohibit the commercial cultivation, delivery (by any mobile marijuana
dispensary that does not have a fixed storefront and which operates solely
as a mobile retail outlet which transports or delivers, or arranges the
transportation or delivery of marijuana), and distribution of marijuana in
all zones within the City by expressly listing them as a non -permitted uses
2. Add Chapter 17.29 to Title 17 ("Zoning") of the Rolling Hills Municipal
Code to extensively regulate the delivery, cultivation and dispensing of
marijuana within the City. Specifically, Chapter 17.29 will:
(1) Prohibit mobile marijuana dispensaries from operating within the City;
(2) Expressly prohibit deliveries of marijuana by mobile dispensaries without a fixed
storefront, both within the City, as well as deliveries to and from the City;
(3) Expressly prohibit the cultivation of marijuana for commercial purposes
anywhere in the City, unless preempted by state or federal law;
(4) Regard any violation of the ordinance to be a nuisance subject to summary
abatement, and/ or administrative citation, among other enforcement remedies; and
(5) Permit the cultivation of medical marijuana for personal use only when
conducted in conformance with the following specific standards: (Pursuant to
Chapter 3.5 of the California Business and Professions Code, commencing with
section 19300 and California Health and Safety Code commencing with section
11362).
(a) Only qualified patients and/ or primary caregivers may cultivate, and only
pursuant to square footage parameters outlined by State law;
(b) Only persons who reside on the parcel full-time may cultivate on that parcel;
(c) Cultivation is only permitted on parcels with residential units;
(d) The use of gas products to cultivate is prohibited;
(e) The sale of medical marijuana is prohibited, notwithstanding the exceptions
for compensation outlined in Health and Safety Code section 11362.765(c);
(f) Cultivation activities cannot be visible from the street, easement or
established trail
(g) The cultivation of marijuana shall not create a public nuisance due to noise,
dust, glare, odor, gases, vibrations, safety, etc.
(h) The cultivation of marijuana shall be conducted in accordance with State and
local laws related to land conversion, grading, electricity usage, water usage,
agricultural discharge, etc.
3. Cultivation Registration. Prior to commencing any medical marijuana
cultivation, any person would have to register for medical marijuana cultivation with
the City.
v
THIS PAGE INTENTIONALLY LEFT BLANK
ORDINANCE NO. 347
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE BY
AMENDING SECTIONS 17.08.050 AND 17.16.020 AND ADDING
CHAPTER 17.29 IN ORDER TO PERMIT THE PERSONAL
CULTIVATION OF MEDICAL MARIJUANA AND IMPOSE AN
EXPRESS BAN ON COMMERCIAL MEDICAL MARIJUANA
CULTIVATION AND DISPENSARIES WITHIN THE CITY IN
ZONING CASE NO. 899 AND ZONING CODE AMENDMENT NO.
2016-01.
The City Council of the City of Rolling Hills does ordain as follows:
Section 1. Commercial medical marijuana activities, including commercial cultivation, can
adversely affect the health, safety and general welfare of the public.
Section 2. Rolling Hills Municipal Code ("RHMC") Section 17.08.050 provides that uses not
specifically permitted in the RHMC are prohibited. Section 17.16.020 provides'a list of permitted uses
and prohibited uses. Commercial uses are not specifically permitted; therefore, they are prohibited.
However, the City has determined that recent developments in State Law regarding the regulation of
medical marijuana make it necessary to clarify that uses such as the commercial cultivation and
dispensing of marijuana are expressly banned in the City of Rolling Hills.
Section 3. The City Council does hereby find as follows:
A. On October 9, 2015, Governor Brown signed three bills into law — Assembly Bills 266
and 243, and Senate Bill 643 — collectively referred to as the Medical Marijuana Regulation and Safety
Act ("MMRSA"). The MMRSA became effective on January 1, 2016 and contains provisions that
govern the cultivating, processing, transporting, testing, and distributing of medical marijuana to
qualified patients.
B. Commercial medical marijuana activities can adversely affect the health, safety, and
well-being of City residents. Further, as recognized by the Attorney General's August 2008 Guidelines
for the Security and Non -Diversion of Marijuana Grown for Medical Use, marijuana cultivation or other
concentration of marijuana in any location or premises without adequate security increases the risk that
surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or
crime.
C. The Rolling Hills Municipal Code (RHMC) does not currently expressly and separately
prohibit the commercial cultivation of marijuana within the City, Title 17 has historically been applied
to prohibit or preclude these types of activities. In order to ensure full local control over regulation of
commercial cultivation of marijuana for medicinal purposes in the City is preserved, the MMRSA
requires the City to adopt an ordinance expressly regulating cultivation and delivery, if the City wishes
to do so.
D. The Zoning Ordinance text amendments are consistent with the goals, policies, and
objectives of the General Plan because the proposed ordinance is in the public interest and there are
Ordinance No. 347
Medical Marijuana
community benefits resulting from the regulation of medical marijuana.
E. The Zoning Ordinance text amendments promote the health, safety, and welfare of
Rolling Hills' residents and serve the goals and purposes of RHMC Title 17 by ensuring compliance
with the Medical Marijuana Regulation and Safety Act.
Section 4. The California Environmental Quality Act (CEQA) requires that the
environmental impacts of the action be assessed. The proposed amendment will not in itself result in any
environmental impacts nor will the amendment result in any changes in the physical conditions that exist
in the City. Staff has determined the proposed ordinance to be Categorically Exempt from the California
Environmental Quality Act (CEQA) Guidelines per § 15061 (b)(3).
Section 5. Section 17.08.050 of the Rolling Hills Municipal Code is hereby amended to read as
follows:
17.08.050 - Zoning compliance required.
A. Except as provided in this title, no building shall be erected, reconstructed or
structurally altered, nor shall any building or land be used for any purpose except
as specifically provided for and allowed by this title. Any use or structure not
specifically permitted by this title shall be prohibited.
B. The commercial cultivation, dispensation, and mobile dispensing of marijuana are
expressly prohibited in all zones of the City (per Section 17.16.020 B and Chapter
17.29). Accordingly, the City shall not issue any permit, license, or other
entitlement for the commercial cultivation, dispensation, and mobile dispensing of
marijuana.
Section 6. Section 17.16.020(B) of the Rolling Hills Municipal Code is hereby amended by adding
subparagraphs 3 and 4 to read as follows:
17.16.020 — Permitted and prohibited uses.
B. The following uses are prohibited in the RA -S zone:
3. Dispensing of Cannabis and Cannabis delivery by any mobile marijuana
dispensary (as that term is further defined in section 17.29.010) that does not
have a fixed storefront and which operates solely as a mobile retail outlet which
transports or delivers, or arranges the transportation or delivery, of Cannabis to
a Person, including deliveries made via any technology platform owned and
controlled by the mobile medical marijuana dispensary, or independently
licensed by the State under the Medical Marijuana Regulation and Safety Act,
which enables persons, qualified patients, and/or primary caregivers to arrange
for or facilitate the commercial transfer of medical marijuana or medical
marijuana products, defined in Chapter 3.5 of the Health and Safety Code, as
may be amended.
4. Commercial cannabis activities, including cultivation, possession, manufacture,
possessing, storing, laboratory testing, labeling, transporting, distribution, or
sale of medical marijuana or medical marijuana products, except as set forth in
Ordinance No. 347 2
Medical Marijuana
Business and Professions Code section 19319, related to qualified patients
and/or primary caregivers.
Section 7. Title 17, Chapter 17.29, "Medical Marijuana Regulation" is hereby added to the
Rolling Hills Municipal Code to read as follows:
Title 17
Chapter 17.29 Medical Marijuana Regulations
Sections:
17.29.010 Definitions.
17.29.020 Prohibition.
17.29.030 Cultivation Registration.
17.29.040 Exception.
17.29.050 Public Nuisance.
Section 17.29.010 Definitions.
As used in this chapter:
Cannabis, or Marijuana, shall have the same definition as Health and Safety Code section
11018.
Commercial Cannabis Activity means cultivation, possession, manufacture, processing, storing,
laboratory testing, labeling, transporting, distribution, or sale of Medical Cannabis or a Medical
Cannabis product, except as set forth in Business and Professions Code Section 19319, related to
Qualifying Patients and Primary Caregivers. Commercial cannabis activity does not include: (1)
a qualified patient, who cultivates, possesses or stores cannabis exclusively for his or her
personal medical use and who does not provide, donate, sell, or distribute cannabis to any other
person; and (2) a primary caregiver who cultivates, stores, possesses, donates, or provides
cannabis exclusively for the personal medical purposes of no more than five (5) specified
qualified patients but who does not receive remuneration for these activities except for
compensation in full compliance with Section 11362.765(c) of the Health and Safety Code.
Cultivation means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of Cannabis.
Delivery shall include the use by a Dispensary of any technology platform owned and controlled
by the Dispensary, or independently licensed by the State under the Medical Marijuana
Regulation and Safety Act, which enables Persons, Qualified Patients, and/or Primary Caregivers
to arrange for or facilitate the commercial transfer of Medical Cannabis or Medical Cannabis
products. The term "Delivery" does not include the distribution of Cannabis from a Mobile
Marijuana Dispensary.
Dispensary means a facility where Medical Cannabis, Medical Cannabis products, or devices for
the use of Medical Cannabis or Medical Cannabis products are offered, either individually or in
any combination, for retail sale, including an establishment that Delivers Medical Cannabis and
Ordinance No. 347 3
Medical Marijuana
Medical Cannabis products as part of a retail sale.
Medical Cannabis means a product containing Cannabis, including but not limited to,
concentrates and extractions, intended to be sold by Medical Cannabis patients in California
pursuant to Health and Safety Code section 11362.5 and 11362.7.
Medical Marijuana Regulation and Safety Act shall refer to Chapter 3.5 of the California
Business and Professions Code, commencing with section 19300, et seq.
Mobile Marijuana Dispensaries means any dispensary, cooperative, association, club, business,
collective, operator, or provider that does not have a fixed storefront and which operates solely
as a mobile retail outlet which transports or Delivers, or arranges the transportation of Delivery,
of Medical Cannabis to a Person.
Person means any individual, firm, corporation,, association, club, society, or other organization.
The term Person shall include any owner, manager, proprietor, employee, volunteer, or
salesperson.
Primary Caregiver shall have the same definition as Health and Safety Code section 11362.7, as
may be amended.
Qualified Patient shall have the same definition as Health and Safety Code section 11362.7, as
may be amended, and which means a Person who is entitled to the protections of Health and
Safety Code section 11362.5. For the purposes of this Article, Qualified Patient shall include a
Person with an identification card, as that term is defined by Health and Safety Code section
11362.7 et seq.
Section 17.29.020 Prohibition.
A. Commercial Cannabis Activities of all types are expressly prohibited in all zones within
the City's jurisdictional limits. No Person shall establish, operate, conduct, or allow a
Commercial Cannabis Activity anywhere within the City.
B. Mobile Marijuana Dispensaries (as defined in Section 17.29.010) are prohibited in all
zones within the City's jurisdictional limits. No Person shall:
1. Locate, operate, own, suffer, allow to be operated or abide, abet or assist in the
operation of any Mobile Marijuana Dispensary within the City;
2. Deliver Marijuana to any location within the City from a Mobile Marijuana
Dispensary, regardless of where the Mobile Marijuana Dispensary is located, or
engage in any operation for this purpose; or
3. Deliver any Medical Cannabis product, including, but not limited to tinctures,
baked goods, or other consumable products, to any location within the City from a
Mobile Marijuana Dispensary, regardless of where the Mobile Marijuana
Dispensary is located, or engage in any operation for this purpose.
C. Cultivation of medical marijuana is expressly prohibited in all areas of the City except as
outlined below:
Ordinance No. 347 4
Medical Marijuana
1. Medical marijuana for personal use may be cultivated in conformance with the
following standards:
a. By a qualified patient, cultivating marijuana pursuant to Section 11362.5
of the Health and Safety Code, if the area he or she uses to cultivate
marijuana does not exceed 100 square feet and he or she cultivates
marijuana for his or her personal medical use and does not sell, distribute,
donate, or provide marijuana to any other person or entity.
b. By a primary caregiver, cultivating marijuana pursuant to Section 11362.5
of the Health and Safety Code, if the area he or she uses to cultivate
marijuana does not exceed 500 square feet and he or she cultivates
marijuana exclusively for the personal medical use of no more than five
(5) specified qualified patients for whom he or she is the primary caregiver
and does not receive remuneration for these activities, except for
compensation provided in full compliance with Health and Safety Code
section 11362.765(c).
c. A qualified patient may cultivate medical marijuana on the parcel where
the qualified patient resides fulltime, and shall not participate in medical
marijuana cultivation in any other location within the City.
d. A primary caregiver may cultivate medical marijuana on the parcel where
the primary caregiver resides fulltime, and shall not participate in medical
marijuana cultivation in any other location within the City.
e. Medical marijuana cultivation is permitted only on parcels developed with
residential units.
f. The use of gas products (including, without limitation, CO2, butane,
propane, and natural gas) for indoor medical marijuana cultivation or
processing is prohibited.
g. Medical marijuana for sale is prohibited. Notwithstanding this section, a
primary caregiver may recover from his or her qualified patient
compensation provided in full compliance with Health and Safety Code
section 11362.765(c).
h. There shall be no exterior evidence of medical marijuana cultivation from
any street, easement or designated trail.
i. Any medical marijuana cultivated within a residence shall not create
humidity, mold, or other nuisance conditions.
j. The medical marijuana cultivation area shall not adversely affect the
health or safety of the nearby residents by creating dust, glare, excessive
light, noise, noxious gases, odor, smoke, vibration, or other impacts, and
shall not be hazardous due to use or storage of materials, products,
processes, or wastes.
k. The cultivation of medical marijuana shall be in accordance with state and
local laws related to land conversion, grading, electricity usage, water
usage, agricultural discharges, and similar matters.
2. Processing marijuana for commercial sale is prohibited in all areas of the City.
Section 17.29.030 Cultivation Registration. Prior to commencing any medical marijuana
cultivation, the person(s) owning, leasing, renting, occupying, or having charge or possession of any
Ordinance No. 347
Medical Marijuana
legal parcel or premises where medical marijuana cultivation is proposed to occur must register for
medical marijuana cultivation with the City. The following information will be required with the initial
registration application and subsequent registration extensions:
A. Notarized signature from the owner of the property consenting to the cultivation of
marijuana at the premises on a form acceptable to the City.
B. The name of each person owning, leasing, occupying, or having charge of any legal
parcel or premises where medical marijuana will be cultivated.
C. A copy of a current, valid identification card, as that term is defined by Health and Safety
Code section 11362.7 et seq., and the name and of each qualified patient or primary caregiver who
participates in the medical marijuana cultivation.
D. The physical site address where the marijuana will be cultivated.
E. A signed consent form, acceptable to the City, authorizing City Staff, including the
Sheriff's Department, the authority to conduct an inspection of the site used for the cultivation of
marijuana, upon twenty-four (24) hours' notice.
F. The initial registration shall be valid for no more than two (2) years and may be extended
in increments of two (2) years.
G. The City Manager, or his or her designee, may, in his or her discretion, deny any
application for a medical marijuana cultivation registration, or extension thereof, where he or she finds,
based on articulated facts, that the issuance of such registration, or extension thereof, would be
detrimental to the public health, safety or welfare. The City Manager shall deny an application for
medical marijuana cultivation registration or extension thereof that does not demonstrate satisfaction of
the minimum requirements of this chapter. The denial of any registration 'application or extension shall
be subject to appeal by the Rolling Hills City Council.
H. The City Council may establish a fee or fees required to be paid upon filing of an
application for registration as provided by this chapter, which fees shall not exceed the reasonable cost
of administering this chapter.
Section 17.29.040 Exception. The Delivery of medical cannabis to qualified patients with valid
identification cards or a verifiable written recommendation from a physician for medical cannabis, and
primary caregivers with a valid identification card outside the premises of the medical cannabis
dispensary, is permitted from a Dispensary with a fixed location operating outside of the City or a
primary caregiver cultivating within the boundaries of the City. This exception does not include
Deliveries made by Mobile Marijuana Dispensaries, as the term is defined in Section 17.29.010.
Section 17.29.050 Public Nuisance. Any use or condition caused, or permitted to exist, in violation
of any provision of this Article shall be, and hereby is declared to be, a public nuisance and may be
summarily abated by the City pursuant to Code of Civil Procedure section 731 or any other remedy
available to the City.
Section 8. If any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it
would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences or clauses or phrases be
declared invalid or unconstitutional.
Section 9. This Ordinance was assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the
Ordinance No. 347
6 @
Medical Marijuana
Guidelines), and the environmental regulations of the City. The City Council hereby finds that under
Section 1.5061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of
CEQA because it can be seen with certainty that the provisions contained herein would not have the
potential for causing a significant effect on the environment.
Section 10. The ordinance shall take effect thirty days after the date of its passage.
Section 11. The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be published as required by law.
PASSED, APPROVED AND ADOPTED this day of , 2016.
Mayor
ATTEST:
Heidi Luce, City Clerk
Ordinance No. 347 7
Medical Marijuana
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Ordinance No. entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE BY
AMENDING SECTIONS 17.08.050 AND 17.16.020 AND ADDING
CHAPTER 17.29 IN ORDER TO PERMIT THE PERSONAL
CULTIVATION OF MEDICAL MARIJUANA AND IMPOSE AN
EXPRESS BAN ON COMMERCIAL MEDICAL MARIJUANA
CULTIVATION AND DISPENSARIES WITHIN THE CITY IN
ZONING CASE NO. 899 AND ZONING CODE AMENDMENT NO.
2016-01.
Was approved and adopted at a regular meeting of the City Council on , 2016 by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE, CITY CLERK
Ordinance No. 347 8
Medical Marijuana
Tuesday, March 22, 2016 11:51 AM
Subject: [GRAYMAIL] RE: Marijuana Ordinance
Date: Tuesday, March 22, 2016 10:08 AM
From: Daniel Beringer <DPBering@lasd.org>
To: "Raymond R. Cruz" <rcruz@cityofrh.net>
Cc: "hluce@cityofrh.net" <hluce@cityofrh.net>
Upon reviewing the newly proposed ordinance, I believe that it will meet
the needs of preserving the quality of life in the city, while allowing
for those who have a proven medical need to cultivate in small quantities.
It also falls in line with the intent of the Medical Marijuana Regulation
and Safety Act. The maximum cultivation areas of 10 0 and 500 square feet
are sufficiently small as to not unfairly impinge upon the rights of the
neighboring properties, given the distance between most homes in the city.
I would not agree to personal cultivation in more densely populated urban
communities, but Rolling Hills is unique. Due to limited access to the
city from those without a lawful purpose, I would not suspect that theft
of the plants would be a serious issue, due to the widespread availability
of marijuana as a whole. While there may always be individuals who try to
take advantage of the permitted cultivation, the issues can be abated as a
public nuisance. Furthermore, I agree with the provision "There shall be
no exterior evidence of medical marijuana cultivation from any street."
Could that be broadened to include, "any public right of way?" While the
cultivation may not be visible from the street, it could possibly be
visible from trails.
Captain Dan Beringer
Lomita Station
PH - (310) 891-3223
FAX - (323) 415-1991
015
MAR 22 2016
City of Rolling Hills
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Pending Ordinances
The following are draft Ordinances (City laws) that are in pending at some point in the discussion/approval process. The draft
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Proposed Amendments to Title 17 of the Rolling Hills Municipal Code pertaining to Medical
Marijuana
The Following is information pertaining to proposed amendments to expressly ban cultivation, delivery and dispensation for
commercial purposes of medical marijuana in the City.
• 03-28-16 City Council meeting agenda and agenda item 1QA staff report.
• 03-14-16 City Council meeting agenda and agenda item ¢A staff report
• 03-03-16 Public Hearing Notice
• 02-08-16 City Council meeting agenda NOTE: The public hearing on this matter is not on the agenda. The public
hearing was rescheduled to March 14, 2016 at 7:00 PM.
• 01-28-16 public Hearing Notice
• Planning Commission Resolution No. 2016-01
• 01-19-16 Planning Commission meeting a9e0.(a and agenda item 8C Staff report, including proposed Resolution No.
2016-01
• 01-07-16 Public Hearing Notice
City of Roiling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
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Pending Ordinances
Ewa Nikodem
3/25/2016 3:30:00 PM
Proposed Ordinance - Medical Marijuana
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Palos Verdes
Peninsula News
609 Deep Valley Dr., Suite 200, Rolling Hills Estates, CA., 90274
PROOF OF PUBLICATION
(201 5.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles,
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of eigh-
teen years, and not a party to or interested in the
above -entitled matter. I am the chief legal
advertisng clerk of the publisher of the
PALOS VERDES PENINSULA NEWS
a newspaper of general circulation, printed and
published weekly in the City of Rolling Hills
Estate County of Los Angeles, and which
newspaper has been adjudged a newspaper of
general circulation by the Superior Court of
County of Los Angeles, State of California, under
the date of February 15, 1977
Case Number C824957, that the notice of which
the annexed is a printed copy, has been
published in each regular and entire issue of
said newspaper and not in any supplement
thereof on the following dates, to wit:
March 03,
all in the year 2016
I certify (or declare) under penalty of perjury that
the foreg'
Dated at
Signature
Rolling Hills Estates, California
this 03rd of March, 2016
ft
f..ECE
MAR 0 7 2016
City of Rolling Hills
By
This space is for the County Clerk's Filing Stamp
P.V.P. News No. 12512
NOTICE OF A PUBLIC HEARING BEFORE THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the.
City of Rolling Hills will hold a Public Hearing at 7:00 PM
on Monday, March 14, 2016 in the Council Chambers of
City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for
!the purpose of receiving public input regarding the fol-
lowing Municipal Code amendment:
AN ORDINANOE OF THE CITY OF ROLLING
HILLS AMENDING TITLE 17 OF THE ROLLING
HILLS MUNICIPAL CODE BY AMENDING
SECTIONS 17.08.050 AND 17.16.020 AND
ADDING CHAPTER 17.29 IN ORDER TO IMPOSE
AN EXPRESS BAN ON MEDICAL MARIJUANA
CULTIVATION AND DISPENSARIES WITHIN THE
CITY, IN ZONING CASE NO. 899 AND ZONING
CODE AMENDMENT NO. 2016-01.
AND
AN ORDINANCE OF THE CITY OF ROLLING
HILLS AMENDING TITLE 17 OF THE ROLLING
HILLS MUNICIPAL CODE BY AMENDING
SECTIONS 17.08.050 AND 17.16.020 AND
ADDING CHAPTER 17.29 IN ORDER TO PERMIT
THE PERSONAL CULTIVATION OF MEDICAL
MARIJUANA AND IMPOSE AN EXPRESS BAN
ON COMMERCIAL MEDICAL MARIJUANA
CULTIVATION AND DISPENSARIES WITHIN THE
CITY IN ZONING CASE NO. 899 AND ZONING
CODE AMENDMENT NO. 2016-01.
It has been determined that the project would not have a
significant effect on the environment pursuant to the
California Environmental Quality Act (CEQA).
Governor Brown signed the State of California Medical
Marijuana Regulations and Safety Act (MMRSA) into law
and it becomes effective March 1, 2016. Pursuant to the
MMRSA if a city or county has not adopted land use
regulations by March 1, 2016 to either regulate or ban
medical marijuana cultivating, processing, testing or dis-
pensing activities, the State will be the sole authority to
regulate and issue licenses in that jurisdiction.
APPLICATIONS REQUIRED BY MUNICIPAL CODE:,
Chapter 17.50 — Ordinance Amendment.
Any person is welcome to review the subject project and
staff report prior to the public hearing at the ity Hall
Administration Building located at 2 Portuguese Bend
Road, Rolling Hills, CA. We welcome your input. You
may provide your comments in writing to the City Council
prior to the meeting or come to the meeting and address
the City Council on this project.
If you challenge the approval or denial of this permit
application in court, you may be limited to raising •only
those issues you or someone else raised at the public
hearing described in this notice, or in written correspon-
dence delivered to the Planning Commission at, or prior
to, the public hearing.
Published in the Palos Verdes Peninsula News on March
3, 2016.
Tuesday, March 22, 2016 11:51 AM
Subject: [GRAYMAIL] RE: Marijuana Ordinance
Date: Tuesday, March 22, 2016 10:08 AM
From: Daniel Beringer <DPBering@lasd.org>
To: "Raymond R. Cruz" <rcruz@cityofrh.net>
Cc: "hluce@cityofrh.net" <hluce@cityofrh.net>
Upon reviewing the newly proposed ordinance, I believe that it will meet
the needs of preserving the quality of life in the city, while allowing
for those who have a proven medical need to cultivate in small quantities.
It also falls in line with the intent of the Medical Marijuana Regulation
and Safety Act. The maximum cultivation areas of 10 0 and 500 square feet
are sufficiently small as to not unfairly impinge upon the rights of the
neighboring properties, given the distance between most homes in the city.
I would not agree to personal cultivation in more densely populated urban
communities, but Rolling Hills is unique. Due to limited access to the
city from those without a lawful purpose, I would not suspect that theft
of the plants would be a serious issue, due to the widespread availability
of marijuana as a whole. While there may always be individuals who try to
take advantage of the permitted cultivation, the issues can be abated as a
public nuisance. Furthermore, I agree with the provision "There shall be
no exterior evidence of medical marijuana cultivation from any street."
Could that be broadened to include, "any public right of way?" While the
cultivation may not be visible from the street, it could possibly be
visible from trails.
Captain Dan Beringer
Lomita Station
PH - (310) 891-3223
FAX - (323) 415-1991
ECEIVED
MAR 22 2016
City of Rolling Hills
By
CITY OF ROLLING HILLS
PROOF OF SERVICE BY MAIL AND POSTING
STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES
I am a citizen of the United States. I am over the age-of_eighteen years_and_not_a_party_to_the _._.
within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California.
On the 3rd day of March, 2016, I serve the within
City Council - Notice of Public Hearing
ZC No. 899 — Medical Marijuana
a copy of which is annexed hereto and made a part hereof, on the person, or persons, named
below by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Rolling Hills, California addressed as follows:
PUBLISHED MAILED DELIVERED
PV News None None.
Also posted at City Hall and at www.Rolling-Hills.org
I declare under penalty of perjury, that the foregoing is true and correct.
Executed on the 3`d day of March, 2016 at Rolling Hills, California.
EWA NIKODEM
ADMINISTRATIVE ASSISTANT
•
Re 1/109 gice4
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310)377-1521
FAX (310) 377-7288
NOTICE OF A PUBLIC HEARING BEFORE THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of Rolling Hills will hold a Public
Hearing at 7:00 PM on Monday, March 14, 2016 in the Council Chambers of City Hall, 2 Portuguese
Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the following
Municipal Code amendment:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE
ROLLING HILLS MUNICIPAL CODE BY AMENDING SECTIONS 17.08.050 AND 17.16.020
AND ADDING CHAPTER .17.29 IN ORDER TO IMPOSE AN EXPRESS BAN ON MEDICAL
MARIJUANA CULTIVATION AND DISPENSARIES WITHIN THE CITY, IN ZONING
CASE NO. 899 AND ZONING CODE AMENDMENT NO. 2016-01.
AND
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE
ROLLING HILLS MUNICIPAL CODE BY AMENDING SECTIONS 17.08.050 AND 17.16.020
AND ADDING CHAPTER 17.29 IN ORDER TO PERMIT THE PERSONAL CULTIVATION
OF MEDICAL MARIJUANA AND IMPOSE AN EXPRESS BAN ON COMMERCIAL
MEDICAL MARIJUANA CULTIVATION AND DISPENSARIES WITHIN THE CITY IN
ZONING CASE NO. 899 AND ZONING CODE AMENDMENT NO. 2016-01.
It has been determined that the project would not have a significant effect on the environment
pursuant to the California Environmental Quality Act (CEQA).
Governor Brown signed the State of California Medical Marijuana Regulations and Safety Act
(MMRSA) into law and it becomes effective March 1, 2016. Pursuant to the MMRSA if a city or county
has not adopted land use regulations by March 1, 2016 to either regulate or ban medical marijuana
cultivating, processing, testing or dispensing activities, the State will be the sole authority to regulate
and issue licenses in that jurisdiction.
APPLICATIONS REQUIRED BY MUNICIPAL CODE: Chapter 17.50 - Ordinance Amendment.
Any person is welcome to review the subject project and staff report prior to the public hearing at the
City Hall Administration Building located at 2 Portuguese Bend Road, Rolling Hills, CA. We welcome
your input. You may provide your comments in writing to the City Council prior to the meeting or
come to the meeting and address the City Council on this project.
If you challenge the approval or denial of this permit application in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this notice, or
in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Published in Palos Verdes Peninsula News on March 3, 2016.
opeo//in flewdetter
offfice: (310) 377-1521 . fax: (310) 377-7288
www.Rolling-Hills.org
CITY COUNCIL
James Black, M.D.
Bea Dieringer
Leah Mirsch
Jeff Pieper
Patrick Wilson
CITY MANAGER
Raymond R. Cruz
February 17, 2016
Issue No. 16-04
New Start Time for City Council
Meetings beginning March 14th
Beginning on March 14, 2016, the City
Council meetings will begin at 7:00 p.m.,
instead of 7:30 p.m. Along with the
change in start time, the "Open Agenda"
portion of the meeting will be moved to the first item
on the agenda. "Open Agenda" is the portion of the
meeting where the public may address the City
Council regarding any matter that is not on the printed
agenda. Both of these changes were made in an affort
to facilitate public engagement.
Spring Clean-up Dates Set for Two
Saturdays — April 9th and April 16th
6.,
,,,4��1 Again this year, the Spring Clean-up will
offer an opportunity to dispose of bulky
items as well as unlimited greenwaste. The
greenwaste pick-up will be Saturday, April 9 and the
bulky item pick-up will be Saturday, April 16. Place
items to be picked up along the roadside no more than
24 hours in advance of pickup.
All greenwaste must be bagged, bundled or in a
container and weigh no more than 60 lbs. Bundles
should not exceed 2ft. in diameter and 4 ft. in length.
For removal of large items such as refrigerators, please
call Republic Services Customer Service to make
special pickup arrangements. For questions, please call
Republic Services at 800-299-4898.
Community Shred Day April 30th
. f Republic Services will be holding a drive-
thru Community Shred Day for residents of
Rolling Hills on Saturday, April 30th. The
4 event will take place from 10am until 1pm
in the parking area in front of the RHCA building.
REMINDER: Please don't litter
As residents and visitors, we are very fortunate to enjoy
such a beautiful community. Not only for aesthetic
purpose, but to prevent storm water pollution, it is very
important to help keep the canyons, trails and roadway
easements litter free. Please be conscious not to litter
and if you happen upon any litter, please pick it up so
that it doesn't make its way to a canyon or waterway.
A little extra effort helps the Community and the
environment.
Household Hazardous Waste and
e -Waste Roundup in RPV
The Palos Verdes Peninsula's next Annual Household
Waste/Electronic Waste Roundup is Saturday, May 14,
2016 from 9:00 am to 3:00 pm at Rancho Palos
Verdes Civic Center, 30940 Hawthorne Blvd., Rancho
Palos Verdes. For more information visit the LA County
Sanitation District web site at www.lacsd.org.
ROLLING HILLS CRIMES REPORTED
For the time period January 24 -February 6, 2016
No crimes reported.
City Council Public Hearing:
Zoning Code Amendment to regulate medical
marijuana cultivation and dispensaries.
On Monday, March 14, 2016 at 7:00 p.m., during its
regular meeting, the Rolling Hills City Council will
hold a public hearing regarding a Zoning Code
Amendment to regulate medical marijuana cultivation
and dispensaries within the City. Recently enacted
State legislation provides the City with greater authority
for regulating medical marijuana activities.
Traffic Safety & Parking Reminders
Pedestrians should walk single -file, facing traffic, off of
the roadway or as close to edge of the roadway as
possible; and when walking at . night, wear light-
colored/reflective clothing. Drivers are also reminded
to use additional caution during times in the morning
and late afternoon when the sun is low in the sky; and
to use windshield visors and sunglasses when driving
into the sun. Also, there is no overnight parking
allowed along any roadways or in cul-de-sacs. When
parking along the roadway, please be sure that the
vehicle does not block equestrian trails, fire hydrants
or driveways and that the vehicle is completely off of
the roadway so as not to impede traffic.
RHCA ANNOUNCEMENTS
RHCA Change to Resident Entry
As of March 30th, all resident vehicles will need to have
a headlamp transponder to enter through the resident
lane. The RHCA will no longer be using License Plate
Recognition to identify resident vehicles. If you do not
have a transponder, please bring your vehicle to the
RHCA office so RHCA staff can place one on your
vehicle. The transponder is a small sticker that affixes to
the headlamp of the vehicle. The RHCA office is open
Monday - Thursday 7:30 a.m. - 4:45 p.m. and Fridays
7:30 a.m. - 12 noon. The office will also be open on a
Saturday in March to accommodate residents who cannot
come in during regular business hours. A notice will be
sent to residents once that date is selected. If you have
any questions, please contact the RHCA office at 310-
544-6222 or at info@ncca.net
License Agreement Requests
The RHCA advises the following regarding requests for
license agreements to use easements. APPROVED: 15
Portuguese Bend Road for retaining wall in side
easement; 17 Middleridge Lane North for BBQ and trellis
is south easement; 11 Saddleback Road for lot line
adjustment and vacation of easement. PENDING: 86
Crest Road East for landscaping in side easement.
DENIED: None.
UPCOMING CITY MEETINGS
City Council Meetings
02/22/16 at 7:30 p.m. and 03/14/16 at 7:00 p.m.
Planning Commission Meeting
3/15/16 at 6:30 p.m.
Traffic Commission Meeting
03/24/16 at 8:30 a.m.
AGENDA CITY COUNCIL CITY OF ROLLING HILLS
REGULAR MEETING MONDAY, FEBRUARY 22, 2016 7:30 P.M.
THIS AGENDA MAY NOT BE COMPLETE. THE FINAL AGENDA WILL BE POSTED AT CITY HALL 72 HOURS BEFORE THE CITY COUNCIL
MEETING. THE FINAL AGENDA IS ALSO POSTED ON THE CITY OF ROLLING HILLS WEBSITE AT WWW.ROLLING-HILLS.ORG.
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the
Consent Calendar causing it to be considered under Council Actions.
A. Minutes - Regular Meeting of February 8, 2016.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the Month of January, 2016.
RECOMMENDATION: Approve as presented.
D. Allied Recycling Tonnage Report for December, 2015 and January, 2016.
RECOMMENDATION: Receive and file.
4. COMMISSION ITEMS
NONE.
5. PUBLIC HEARINGS
A. AT THE REQUEST OF THE PARTIES, THE PUBLIC HEARING ON THE APPEALS OF COMMITTEE ON TREES AND VIEWS
RESOLUTION NO. 2015-03-CTV WILL BE CONTINUED TO A DATE TO BE SELECTED AT THIS MEETING.
CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH
FINDINGS RELATING TO TRIMMING OF 'TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18
PORTUGUESE BEND ROAD.
6. OLD BUSINESS
A. CONSIDERATION OF RESOLUTION NO. 1182 ADOPTING ADMINISTRATIVE REGULATIONS INTERPRETING MEASURE B
RELATING TO VIEW PRESERVATION.
7. NEW BUSINESS
NONE.
8. • OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
A. CONSIDERATION OF A REQUEST FROM THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT COMMITTEE/INTEGRATED
WASTE MANAGEMENT TASK FORCE FOR A LETTER OF SUPPORT FOR A LOS ANGELES COUNTY PHARMECEUTICALS AND
SHARPS COLLECTION AND DISPOSAL STEWARDSHIP ORDINANCE.
B. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING HELD ON FEBRURY 11,
2016. (ORAL REPORT)
10. MATTERS FROM STAFF
A. REPORT REGARDING PROCESS FOR REVIEWING DEVELOPMENT PROJECTS ELIGIBLE FOR ADMINISTRATIVE (OVER -THE
COUNTER) APPROVAL.
11. CLOSED SESSION
NONE.
12. ADJOURNMENT
Documents pertaining to each agenda item are available for review in the City Clerk's office on after 2pm on the Friday before the meeting or at the meeting
at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting due to your disability, please contact the Deputy City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make
reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting.
t7L?O6 vizi 1/ve) 'W1' "WV
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RESOLUTION NO. 2016-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL
AMEND TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE BY
AMENDING SECTIONS 17.08.050 AND 17.16.020 AND ADDING
CHAPTER 17.29 IN ORDER TO IMPOSE AN EXPRESS BAN ON
MEDICAL MARIJUANA CULTIVATION AND DISPENSARIES
WITHIN THE CITY IN ZONING CASE NO. 899 AND ZONING CODE
AMENDMNET NO. 2016-01.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. Rolling Hills Municipal Code ("RHMC") Section 17.08.050 provides that uses
not specifically permitted in the RHMC are prohibited. Section 17.16.020 provides a list of permitted
uses and prohibited uses. Commercial uses are not specifically permitted; therefore, they are prohibited.
However, the City has determined that recent developments in State Law regarding the regulation of
medical marijuana make it necessary to clarify that uses such as the cultivation and dispensation of
marijuana are expressly banned in the City of Rolling Hills.
Section 2. The proposed ordinance has been reviewed in accordance with the California
Environmental Quality Act, and it has been determined that the proposed ordinance would not have a
significant effect on the environment.
Section 3. Chapter 17.50 of the RHMC sets forth procedures for amending the Zoning
Ordinance. A public hearing before the Planning Commission is necessary before a recommendation for
a Zoning Code amendment can be made to the City Council. On January 19, 2016 the Planning
Commission held a duly noticed public hearing and accepted public testimony.
Section 4. The Planning Commission considered the information provided by City staff,
public testimony, and other evidence regarding the proposed ordinance. This Resolution, and its
findings, are based upon the evidence presented to the Commission at its January 19, 2016 hearing,
including, without limitation, the staff report submitted and finds that the proposed Zoning Ordinance
amendments comply with the requirements of the City of Rolling Hills General Plan, Rolling Hills
Municipal Code and State Planning and Zoning Laws (Government section 65000 et seq.).
Section 5. The Planning Commission does hereby find and declare as follows:
A. On October 9, 2015, Governor Brown signed three bills into law — Assembly Bills
266 and 243, and Senate Bill 643 — collectively referred to as the Medical
Marijuana Regulation and Safety Act ("MMRSA"). The MMRSA became
effective on January 1, 2016 and contains provisions that govern the cultivating,
processing, transporting, testing, and distributing of medical marijuana to
qualified patients.
B. The MMRSA states that if a city or county has not adopted land use regulations
by March 1, 2016, to either regulate or ban cultivation of marijuana for medicinal
Resolution No. 2016-01 1
purposes, the State will be the sole authority that issues cultivation licenses in that
jurisdiction, meaning no local license will be required.
C. Commercial medical marijuana activities, as well as cultivation for personal
medical use as allowed by the Compassionate Use Act and the Medical Marijuana
Program, can adversely affect the health, safety, and well-being of City residents.
Further, as recognized by the Attorney General's August 2008 Guidelines for the
Security and Non -Diversion of Marijuana Grown for Medical Use, marijuana
cultivation or other concentration of marijuana in any location or premises
without adequate security increases the risk that surrounding homes or businesses
may be negatively impacted by nuisance activity such as loitering or crime.
D. The Rolling Hills Municipal Code (RHMC) does not currently expressly and
separately prohibit the cultivation of marijuana within the City, Title 17 has
historically been applied to prohibit or preclude these types of activities. In order
to ensure full local control over regulation of commercial cultivation of marijuana
for medicinal purposes in the City is preserved, the MMRSA requires the City to
adopt an ordinance expressly regulating commercial cultivation by March 1, 2016
to ensure the State is not the sole regulator of cultivation activities. Additionally,
the MMRSA also contains language that requires delivery services to be expressly
prohibited by local ordinance, if the City wishes to do so.
E. The Zoning Ordinance text amendments are consistent with the goals, policies,
and objectives of the General Plan because the proposed ordinance is in the public
interest and there are community benefits resulting from the regulation of medical
marijuana.
F. The Zoning Ordinance text amendments promote the health, safety, and welfare
of Rolling Hills' residents and serve the goals and purposes of RHMC Title 17 by
ensuring compliance with the Medical Marijuana Regulation and Safety Act.
G. The California Environmental Quality Act (CEQA) requires that the
environmental impacts of the action be assessed. The proposed amendment will
not in itself result in any environmental impacts nor will the amendment result in
any changes in the physical conditions that exist in the City. Staff has determined
the proposed ordinance to be Categorically Exempt from the California
Environmental Quality Act (CEQA) Guidelines per § 15061 (b)(3).
Section 6. The Planning Commission recommends that the City Council adopt the Zoning
Ordinance text amendments as set forth in attached Attachment A, which is incorporated by reference.
Section 7. Each and every one of the findings and determinations in this Resolution are
based on the competent and substantial evidence, both oral and written, contained in the entire record.
The findings and determinations constitute the independent findings and determinations of the Planning
Commission in all respects and are fully and completely supported by substantial evidence in the record
as a whole.
Resolution No. 2016-01 2
Section 8. All summaries of information in the findings, which precede this section, are
based on the substantial evidence in the record. The absence of any particular fact from any such
summary is not an indication that a particular finding is not based in part on that fact.
Section 9. This Resolution will remain effective until superseded by a subsequent resolution.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF
CHEL
CHAIRMAN
ATTEST:
41(edlAtb
HEIDI LUCE
CITY CLERK
Resolution No. 2016-01 3
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
)
I certify that the foregoing Resolution No. 2016-01 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL
AMEND TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE BY
AMENDING SECTIONS 17.08.050 AND 17.16.020 AND ADDING
CHAPTER 17.29 IN ORDER TO IMPOSE AN EXPRESS BAN ON
MEDICAL MARIJUANA CULTIVATION AND DISPENSARIES
WITHIN THE CITY IN ZONING CASE NO. 899 AND ZONING CODE
AMENDMNET NO. 2016-01.
was approved and adopted at a regular meeting of the Planning Commission on January 19th, 2016 by
the following roll call vote:
AYES: Commissioners Cardenas, Gray, Kirkpatrick, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
4046
HEIDI LUCE
CITY CLERK
Resolution No. 2016-01 4
ATTACHMENT A
Amend Title 17 (ZONING) as follows:
1. Section 17.08.050 of the Rolling Hills Municipal Code is hereby amended to read as follows:
A. Except as provided in this title, no building shall be erected, reconstructed or
structurally altered, nor shall any building or land be used for any purpose except
as specifically provided for and allowed by this title. Any use or structure not
specifically permitted by this title shall be prohibited.
The cultivation dispensation and mobile dispensing of marFuana are express y,
.rohibited in all zones of the City (ner Section 17.16.020 B and Chapter 17.2 •
Accordingly, the City shall not issue any permit, license, or other entitlement for
the cultivation, dispensation, and mobile dispensing of marijuana.
2. Section 17.16.020 B of the Rolling Hills Municipal Code is hereby amended by adding
subparagraph 3, 4, and 5 and shall read as follows:
17.16.020 - Permitted and prohibited uses.
B. The following uses are prohibited in the RA -S zone:
1. It shall be unlawful for any person to offer or make available for rent or to rent
(by way of a rental agreement, lease, license or any other means, whether oral or
written) for compensation a residential dwelling or a room in a dwelling for
occupancy of less than thirty days.
2. It shall be unlawful for any person to occupy a residential dwelling or a room in a
dwelling for less than thirty days pursuant to a rental agreement, lease, license or
any other means, whether oral or written, for compensation.
3. Dispensing of Cannabis and Cannabis delivery by any mobile marijuana
dispensary (as that term is further defined in section 17.59.0 0 that does not
have a fixed storefront and which operates solely as a mobile retail outlet which
transports or delivers, or arranges the transportation or delive •o Cannabis to
a Person, including deliveries made via any technology platform owned and
controlled by the mobile medical marijuana dispensary. or inde endentl
licensed by the State under the Medical Marijuana Regulation and Safety Act,
which enables pm -sons, qualified patients, and/or primary caregivers to arrange
for or facilitate the commercial transfer of medical marijuana or medical
marijuana products, defined in Chapter 3.5 of the Health and Safety Code, as
may be amended.
4. Commercial cannabis activities, includi g cultivation, possession, manufacture,
possessing, storing, laboratory testing, labeling, transporting, distr.bution or
sale of medical marijuana or medical marijuana products, except as set forth in
Business and Professions Code section 19319, related to qualified patients
and/or primary caregivers.
Resolution No. 2016-01 5
5. Cultivation of cannabis or medical marijuanaincluding the nlantinO rowin
harvesting, drying, curing, grading, or trimming of marijuana or cannabis,
defined in Chapter 3.5 of the Health and Safety Code, as may be amended.
3. Title 17, Chapter 17.29, "Medical Marijuana Regulation" is hereby added to the Rolling
Hills Municipal Code to read as follows:
Tile 17
Chapter 17.29 Medical Marijuana Regulation
Sections:
17.29.010 Definitions
17.29.020 Prohibition
17.29.030 Exception
17.29.040 Public Nuisance
Sec. 17.29.010 Definitions.
As used in this chapter:
Cannabis, or Marijuana, shall have the same definition as Health and Safety Code section
11018.
Commercial Cannabis Activity means cultivation, possession, manufacture, processing, storing,
laboratory testing, labeling, transporting, distribution, or sale of Medical Cannabis or a Medical
Cannabis product, except as set forth in Business and Professions Code Section 19319, related to
Qualifying Patients and Primary Caregivers.
Cultivation means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of Cannabis.
Delivery .shall include the use by a Dispensary of any technology platform owned and controlled
by the Dispensary, or independently licensed by the State under the Medical Marijuana
Regulation and Safety Act, which enables Persons, Qualified Patients, and/or Primary Caregivers
to arrange for or facilitate the commercial transfer of Medical Cannabis or Medical Cannabis
products. The term "Delivery" does not include the distribution of Cannabis from a Mobile
Marijuana Dispensary.
Dispensary means a facility where Medical Cannabis, Medical Cannabis products, or devices for
the use of Medical Cannabis or Medical Cannabis products are offered, either individually or in
any combination, for retail sale, including an establishment that Delivers Medical Cannabis and
Medical Cannabis products as part of a retail sale.
Medical Cannabis means a product containing Cannabis, including but not limited to,
concentrates and extractions, intended to be sold by Medical Cannabis patients in California
pursuant to Health and Safety Code section 11362.5 and 11362.7.
Resolution No. 2016-01 6
Medical Marijuana Regulation and Safety Act shall refer to Chapter 3.5 of the California
Business and Professions Code, commencing with section 19300, et seq.
Mobile Marijuana Dispensaries means any dispensary, cooperative, association, club, business,
collective, operator, or provider that does not have a fixed storefront and which operates solely
as a mobile retail outlet which transports or Delivers, or arranges the transportation of Delivery,
of Medical Cannabis to a Person.
Person means any individual, firm, corporation, association, club, society, or other organization.
The term Person shall include any owner, manager, proprietor, employee, volunteer, or
salesperson.
Primary Caregiver shall have the same definition as Health and Safety Code section 11362.7, as
may be amended.
Qualified Patient shall have the same definition as Health and Safety Code section 3362.7, as
may be amended, and which means a Person who is entitled to the protections of Health and
Safety Code section 11362.5. For the purposes of this Article, Qualified Patient shall include a
Person with an identification card, as that term is defined by Health and Safety Code section
11362.7 et seq.
Sec. 17.29.020 Prohibition.
A. Commercial Cannabis Activities of all types are expressly prohibited in all zones within
the City's jurisdictional limits. No Person shall establish, operate, conduct, or allow a
Commercial Cannabis Activity anywhere within the City.
B. Mobile Marijuana Dispensaries are prohibited in all zones within the City's jurisdictional
limits. No Person shall:
1. Locate, operate, own, suffer, allow to be operated or abide, abet or assist in the
operation of any Mobile Marijuana Dispensary within the City;
2. Deliver Marijuana to any location within the City from a Mobile Marijuana
Dispensary, regardless of where the Mobile Marijuana Dispensary is located, or
engage in any operation for this purpose; or
3. Deliver any Medical Cannabis product, including, but not limited to tinctures,
baked goods, or other consumable products, to any location within the City from a
Mobile Marijuana Dispensary, regardless of where the Mobile Marijuana
Dispensary is located, or engage in any operation for this purpose.
C. Marijuana cultivation by any person or entity, including clinics, collectives, cooperatives
and dispensaries, is prohibited in all zones within the City's jurisdictional limits. No
permit, whether conditional or otherwise, shall be issued for the establishment of such
activity. No Person, including a Qualified Patient or Primary Caregiver, shall Cultivate
any amount of Cannabis in the City, even for medicinal purposes, except where the City
is preempted by federal or state law from enacting a prohibition on such activity.
Sec. 17.29.030 Exception. The Delivery of medical cannabis to qualified patients with valid
identification cards or a verifiable written recommendation from a physician for medical cannabis, and
primary caregivers with a valid identification card outside the premises of the medical cannabis
Resolution No. 2016-01 7
.`
dispensary, is permitted from a Dispensary with a fixed location operating outside of the City. This
exception does not include Deliveries made by Mobile Marijuana Dispensaries.
Sec. 17.29.040 Public Nuisance.
Any use or condition caused, or permitted to exist, in violation of any provision of this Article
shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the City
pursuant to Code of Civil Procedure section 731 or any other remedy available to the City.
Resolution No. 2016-01 8
C
0/l o/tin yy Jti/i r/ewdetter
offfice: (310) 377-1521 . fax: (310) 377-7288
www.Rolling-Hills.org •
CITY COUNCIL
James Black, M.D.
Bea Dieringer
Leah Mirsch
Jeff Pieper
Patrick Wilson
CITY MANAGER
Raymond R. Cruz
February 17, 2016
Issue No. 16-04
New Start Time for City Council
Meetings beginning March 14th
Beginning on March 14, 2016, the City
Council meetings will begin at 7:00 p.m.,
instead of 7:30 p.m. Along with the
change in start time, the "Open Agenda"
portion of the meeting will be moved to the first item
on the agenda. "Open Agenda" is the portion of the
meeting where the public may address the City
Council regarding any matter that is not on the printed
agenda. Both of these changes were made in an affort
to facilitate public engagement.
Spring Clean-up Dates Set for Two
Saturdays — April 9th and April 16th
6 Again this year, the Spring Clean-up will
offer an opportunity to dispose of bulky
items as well as unlimited greenwaste. The
greenwaste pick-up will be Saturday, April 9 and the
bulky item pick-up will be Saturday, April 16. Place
items to be picked up along the roadside no more than
24 hours in advance of pickup.
All greenwaste must be bagged, bundled or in a
container and weigh no more than 60 lbs. Bundles
should not exceed 2ft. in diameter and 4 ft. in length.
For removal of large items such as refrigerators, please
call Republic Services Customer Service to make
special pickup arrangements. For questions, please call
Republic Services at 800-299-4898.
Community Shred Day April 30th
Vi
Republic Services will be holding a drive-
thru Community Shred Day for residents of
Rolling Hills on Saturday, April 30th. The
event will take place from 10am until 1 pm
in the parking area in front of the RHCA building.
REMINDER: Please don't litter
As residents and visitors, we are very fortunate to enjoy
such a beautiful community. Not only for aesthetic
purpose, but to prevent storm water pollution, it is very
important to help keep the canyons, trails and roadway
easements litter free. Please be conscious not to litter
and if you happen upon any litter, please pick it up so
that it doesn't make its way to a canyon or waterway.
A little extra effort helps the Community and the
environment.
Household Hazardous Waste and
e -Waste Roundup in RPV
The Palos Verdes Peninsula's next Annual Household
Waste/Electronic Waste Roundup is Saturday, May 14,
2016 from 9:00 am to 3:00 pm at Rancho Palos
Verdes Civic Center, 30940 Hawthorne Blvd., Rancho
Palos Verdes. For more information visit the LA County
Sanitation District web site at www.lacsd.org.
ROLLING HILLS CRIMES REPORTED
For the time period January 24 -February 6, 2016
No crimes reported.
City Council Public Hearing:
Zoning Code Amendment to regulate medical
marijuana cultivation and dispensaries.
On Monday, March 14, 2016 at 7:00 p.m., during its
regular meeting, the Rolling Hills City Council will
hold a public hearing regarding a Zoning Code
Amendment to regulate medical marijuana cultivation
and dispensaries within the City. Recently enacted
State legislation provides the City with greater authority
for regulating medical marijuana activities.
Traffic Safety & Parking Reminders
Pedestrians should walk single -file, facing traffic, off of
the roadway or as close to edge of the roadway as
possible; and when walking at night, wear light-
colored/reflective clothing. Drivers are also reminded
to use additional caution during times in the morning
and late afternoon when the sun is low in the sky; and
to use windshield visors and sunglasses when driving
into the sun. Also,. there is no overnight parking
allowed along any roadways or in cul-de-sacs. When
parking along the roadway, please be sure that the
vehicle does not block equestrian trails, fire hydrants
or driveways and that the vehicle is completely off of
the roadway so as not to impede traffic.
JppNMIN/,�
RHCA ANNOUNCEMENTS
RHCA Change to Resident Entry
As of March 30th, all resident vehicles will need to have
a headlamp transponder to enter through the resident
lane. The RHCA will no longer be using License Plate
Recognition to identify resident vehicles. If you do not
have a transponder, please bring your vehicle to the
RHCA office so RHCA staff can place one on your
vehicle. The transponder is a small sticker that affixes to
the headlamp of the vehicle. The RHCA office is open
Monday - Thursday 7:30 a.m. - 4:45 p.m. and Fridays
7:30 a.m. - 12 noon. The office will also be open on a
Saturday in March to accommodate residents who cannot
come in during regular business hours. A notice will be
sent to residents once that date is selected. If you have
any questions, please contact the RHCA office at 310-
544-6222 or at info@ncca.net
License Agreement Requests
The RHCA advises the following regarding requests for
license agreements to use easements. APPROVED: 15
Portuguese Bend Road for retaining wall in side
easement; 17 Middleridge Lane North for BBQ and trellis
is south easement; 11 Saddleback Road for lot line
adjustment and vacation of easement. PENDING: 86
Crest Road East for landscaping in side easement.
DENIED: None.
UPCOMING CITY MEETINGS
City Council Meetings
• 02/22/16 at 7:30 p.m. and 03/14/16 at 7:00 p.m.
Planning Commission Meeting
3/15/16 at 6:30 p.m.
Traffic Commission Meeting
03/24/16 at 8:30 a.m.
AGENDA CITY COUNCIL CITY OF ROLLING HILLS
REGULAR MEETING MONDAY, FEBRUARY 22, 2016 7:30 P.M.
THIS AGENDA MAY NOT BE COMPLETE. THE FINAL AGENDA WILL BE POSTED AT CITY HALL 72 HOURS BEFORE THE CITY COUNCIL
MEETING. THE FINAL AGENDA IS ALSO POSTED ON THE CITY OF ROLLING HILLS WEBSITE AT WWW.ROLLING-HILLS.ORG.
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the
Consent Calendar causing it to be considered under Council Actions.
A. Minutes - Regular Meeting of February 8, 2016.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the Month of January, 2016.
RECOMMENDATION: Approve as presented.
• D. Allied Recycling Tonnage Report for December, 2015 and January, 2016.
RECOMMENDATION: Receive and file.
4. COMMISSION ITEMS
NONE.
5. PUBLIC HEARINGS
A. AT THE REQUEST OF THE PARTIES, THE PUBLIC HEARING ON THE APPEALS OF COMMITTEE ON TREES AND VIEWS
RESOLUTION NO. 2015.03-CTV WILL BE CONTINUED TO A DATE TO BE SELECTED AT THIS MEETING.
CONSIDERATION OF TWO APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH
FINDINGS RELATING TO TRIMMING OF TREES AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18
PORTUGUESE BEND ROAD.
6. OLD BUSINESS
A. CONSIDERATION OF RESOLUTION NO. 1182 ADOPTING ADMINISTRATIVE REGULATIONS INTERPRETING MEASURE B
RELATING TO VIEW PRESERVATION.
7. NEW BUSINESS
NONE.
8. • OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
A. CONSIDERATION OF A REQUEST FROM THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT COMMITTEE/INTEGRATED
WASTE MANAGEMENT TASK FORCE FOR A LETTER OF SUPPORT FOR A LOS ANGELES COUNTY PHARMECEUTICALS AND
SHARPS COLLECTION AND DISPOSAL STEWARDSHIP ORDINANCE.
B. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING HELD ON FEBRURY 11,
2016. (ORAL REPORT)
10. MATTERS FROM STAFF
A. REPORT REGARDING PROCESS FOR REVIEWING DEVELOPMENT PROJECTS ELIGIBLE FOR ADMINISTRATIVE (OVER -THE
COUNTER) APPROVAL.
11. CLOSED SESSION
NONE.
12. ADJOURNMENT
Documents pertaining to each agenda item are available for review in the City Clerk's office on after 2pm on the Friday before the meeting or at the meeting
at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting due to your disability, please contact the Deputy City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make
reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting.
tL L06 n1u.o��0 �� �c��ll % 6iia/of
pvof rag ""6"1"d
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C, itch o// o// n flew�/elter
offfice: (310) 377-1521 . fax: (310) 377-7288
www.Rolling-Hills.org
CITY COUNCIL
James Black, M.D.
Bea Dieringer
Leah Mirsch
Jeff Pieper.
Patrick Wilson
CITY MANAGER
Raymond R. Cruz
February 3, 2016
Issue No. 16-03
City Council Public Hearing:
Zoning Code Amendment to ban medical marijuana
cultivation and dispensaries within the City.
On Monday, February 8, 2016 at 7:30 p.m., during its
regular meeting, the Rolling Hills City Council will
hold a public hearing regarding a Zoning Code
Amendment to expressly ban medical marijuana
cultivation and dispensaries within the City.
Recently enacted State legislation provides the City
with greater authority for regulating medical marijuana
activities; but has added permitted new businesses
such as "mobile dispensaries". The legislation provides
that such deliveries and other activities must be
expressly prohibited in order to be effectively regulated
by the City.
City Receives Positive Financial Audit
Annually, the City Council engages an
independent auditor to evaluate the City's
financial records and accounting. Consistent
with prior years, the auditor has issued an
unmodified opinion, which is the highest
level of assurance a City can receive, acknowledging
that the City's 2014/2015 fiscal year finances and
accounting procedures are in order. The annual audit
process involves an auditor spending approximately
100 hours evaluating the City's financial documents
and producing a Comprehensive Annual Financial
Report (CAFR). The CAFR is available for review at City
Hall or on line at www.Rolling-Hills.org.
Check out Rolling Hills on the Web
Have you visited the City Web site recently? If you
haven't, check it out at www.Rolling-Hills.org. The
site contains many valuable resources and the City is
continually posting new information for residents.
Whether you are looking for information about brush
clearance, development standards, answers to
frequently asked questions or the City's Municipal
Code, they can all be found at the City's Web site.
You can also sign up to receive notification of City
Council meetings, Committee meetings and pending
ordinances, as well as sign up for the City's Emergency
Notification System. If you have any questions or if
you would like more information on the City web site,
visit the site or call City Hall at 310-377-1521.
Household Hazardous Waste and
e -Waste Roundup in RPV
The Palos Verdes Peninsula's next Annual Household
Waste/Electronic Waste Roundup is Saturday, May 14,
2016 from 9:00 am to 3:00 pm at Rancho Palos
Verdes Civic Center, 30940 Hawthorne Blvd., Rancho
Palos Verdes. For more information visit the Los
Angeles County Sanitation District web site at
www.lacsd.org.
ROLLING HILLS CRIMES REPORTED
For the time period January 10-23, 2016
No crimes reported.
Spring Clean-up Dates Set for Two
Saturdays — April 9th and April 16th
ipT Again this year, the Spring Clean-up will
"` offer an opportunity to dispose of bulky
items as well as unlimited greenwaste. The
greenwaste pick-up will be Saturday, April 9 and the
bulky item pick-up will be Saturday, April 16.
Place items to be picked up along the roadside no
more than 24 hours in advance of pickup. All
greenwaste must be bagged, bundled or in a container -
and weigh no more than 60 lbs. Bundles should not
exceed 2ft. in diameter and 4 ft. in length. For removal
of large items such as refrigerators, please call
Republic Services Customer Service to make special
pickup arrangements. For questions, please call
Republic Services at 800-299-4898.
Community Shred Day April 30th
rag Republic Services will be holding a drive-
thru Community Shred Day for residents of
itime Rolling Hills on Saturday, April 30th. The
event will take place from 10am until 1pm
in the parking area in front of the RHCA building.
��pMYq'ry,
ft"
RHCA ANNOUNCEMENTS
RHCA 2016 Board Election Results
At the RHCA Annual Meeting, Roger Hawkins was
elected to the Board for a one-year term and Matthew
McConaughy was elected to the Board for a three-year
term. Following are the election results by candidate:
Roger Hawkins, 117 votes; Joseph Heitzler, 112 votes;
Matthew McConaughy, 165 votes. Thank you to all the
candidates.
Rolling Hills 50+ Valentine Brunch
The 50+ Valentine Brunch will be held on Saturday,
February 13 at 11:00 a.m. at the home of John and
Maureen Nunn (brunch will be served at 11:30 a.m.)
Cost $20 per person. RSVP no later than February 5 to
Maureen Hill at 310-377-2181. Please park on Crest Rd.
License Agreement Requests
The RHCA advises the following regarding requests for
license agreements to use easements. APPROVED: None.
PENDING: 86 Crest Road East for landscaping in side
easement; 15 Portuguese Bend Road for retaining wall in
side easement; 17 Middleridge Lane North for retaining
wall in north easement and BBQ and trellis in south
easement; 11 Saddleback Road for lot line adjustment
and vacation of easement. DENIED: None.
UPCOMING CITY MEETINGS
City Council Meetings
02/08/16 and 02/22/16 at 7:30 p.m.
City Council Field Trip
02/22/16 at 7:00 a.m. (18&15 Portuguese Bend Rd.)
Planning Commission Meeting
2/16/16 at 6:30 p.m.
Traffic Commission Meeting
03/24/16 at 8:30 a.m.
AGENDA CITY COUNCIL CITY OF ROLLING HILLS
REGULAR MEETING MONDAY, FEBRUARY 8, 2016 7:30 P.M.
THIS AGENDA MAY NOT BE COMPLETE. THE FINAL AGENDA WILL BE POSTED AT CITY HALL 72 HOURS BEFORE THE CITY COUNCIL
MEETING. THE FINAL AGENDA IS ALSO POSTED ON THE CITY OF ROLLING HILLS WEBSITE AT WWW.ROLLING-HILLS.ORG.
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the
Consent Calendar causing it to be considered under Council Actions.
A. Minutes - Regular Meeting of January 25, 2016.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
4. COMMISSION ITEMS
NONE.
5. PUBLIC HEARINGS
A. ZONING CASE NO. 869, SUBDIVISION NO. 94. VESTING TENTATIVE PARCEL MAP NO. 72775 — A REQUEST TO SUBDIVIDE AN
EXISTING LOT TOTALING 7.05 ACRES GROSS INTO 2 PARCELS OF LAND AS FOLLOWS: PARCEL 1: 3.70 GROSS ACRES, 3.0
NET ACRES; PARCEL 2: 3.34 GROSS ACRES, 2.67 NET ACRES. THE PROPERTY IS CURRENTLY VACANT LOT LOCATED ON
THE SOUTH SIDE OF CREST ROAD EAST, KNOWN AS 23 CREST ROAD EAST, (LOT 32 -A -MS), PARCEL NO.: 7567-011-020 IN THE
RA -S-2 ZONE, RESIDENTIAL AGRICULTURAL -SUBURBAN 2 -ACRE MINIMUM NET LOT AREA, TO BE IMPLEMENTED BY MR. JIM
HYNES. PURSUANT TO CEQA REQUIREMENTS, IT WAS DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT WITH APPLICABLE MITIGATION MEASURES AND THEREFORE, A MITIGATED NEGATIVE
DECLARATION HAS BEEN PREPARED.
B. ORDINANCE NO. 347 AND 347-U — AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE ROLLING
HILLS MUNICIPAL CODE BY AMENDING SECTIONS 17.08.050 AND 17.16.020 AND ADDING CHAPTER 17.29 IN ORDER TO
IMPOSE AN EXPRESS BAN ON MEDICAL MARIJUANA CULTIVATION AND DISPENSARIES WITHIN THE CITY AND DECLARING
THE URGENCY THEREOF..
RECOMMENDATION: Waive full reading and introduce on first reading Ordinance No. 347; and waive full reading and adopt
Ordinance No. 347-U declaring the urgency thereof.
6. OLD BUSINESS
A. SECOND READING, WAIVE FULL READING AND ADOPT ORDINANCE NO. 346. AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO VIEW PRESERVATION, IN ZONING CASE NO. 881
AND ZONING CODE AMENDMENT NO. 2015-03. THE PROJECT 'HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
B. CONSIDERATION OF RESOLUTION NO. 1182 ADOPTING ADMINISTRATIVE REGULATIONS INTERPRETING MEASURE B
RELATING TO VIEW. PRESERVATION.
7. NEW BUSINESS
NONE.
8. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
A. CONSIDERATION OF A REQUEST FROM THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT COMMITTEE/INTEGRATED
WASTE MANAGEMENT TASK FORCE FOR A LETTER OF SUPPORT FOR A LOS ANGELES COUNTY PHARMECEUTICALS AND
SHARPS COLLECTION AND DISPOSAL STEWARDSHIP ORDINANCE.
B. DISCUSSION REGARDING MOVING THE OPEN AGENDA ITEM ON THE CITY COUNCIL AGENDA TO EARLIER IN THE MEETING.
(ORAL)
C. COYOTE CONTROL. (ORAL)
10. MATTERS FROM STAFF
NONE.
11. CLOSED SESSION
NONE.
12. ADJOURNMENT
Documents pertaining to each agenda item are available for review in the City Clerk's office on after 2pm on the Friday before the meeting or at the meeting
at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting due to your disability, please contact the Deputy City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make
reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting.
t7LLO6 n,v.o, v 617cy
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-Palos Vales
Peninsula News
609 Deep Valley Dr., Suite 200, Rolling Hills Estates, CA., 90274
PROOF OF PUBLICATION
(201 5.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles,
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of eigh-
teen years, and not a party to or interested in the
above -entitled matter. I am the chief legal
advertisng clerk of the publisher of the
PALOS VERDES PENINSULA NEWS
a -newspaper of general circulation, printed and
published weekly in the City of Rolling Hills
Estate County of Los Angeles, and which
newspaper has been adjudged a newspaper of
general circulation by the Superior Court of
County of Los Angeles, State of California, under
the date of February 15, 1977
Case Number C824957, that the notice of which
the annexed is a printed copy, has been
published in each regular and entire issue of
said newspaper and not in any supplement
thereof on the following dates, to wit:
January 28,
all in the year 201,6
I certify (or declare) under penalty of perjury that
the foreg.
Dated at
Signature
Rolling Hills Estates, California
this 28th of January, 2016
nicf-Ac-cm
kcCEiVED
This space is for ReougoCjagg Filing Stamp
City of Rolling Hills
By
T~P.V.P. News No. 12489 .
NOTICE OF PUBLIC HEARING BEFORE THE .
CITY COUNCIL OF THE .
CITY OF ROLLING HILLS, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the
City of Rolling Hills will hold a Public Hearing at 7:30 PM
on Monday, February 8, 2016 in the Council Chambers
of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA
for the purpose of receiving public input regarding the
following proposed ordinance:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING TITLE 17 OF THE ROLLING HILLS
MUNICIPAL CODE BY AMENDING SECTIONS
17.08.050 AND 17.16.020 AND ADDING CHAPTER
17.29 IN ORDER TO IMPOSE AN EXPRESS BAN ON
MEDICAL MARIJUANA CULTIVATION AND
DISPENSARIES WITHIN THE CITY AND DECLARING
THE URGENCY THEREOF. , .
The purpose of the urgency ordinance is to amend the
Municipal Code to prohibit all commercial medical mari-
juana cultivation and dispensation occurring within the
City in order to protect City residents from the negative•
and dangerous effects these uses have upon peace and
safety. Absent immediate effectiveness, the cultivation
of medicinal marijuana will be authorized and regulated
solely by the State during the time anon -urgency ordi-
nance would be required to take effect. Additionally,
without a clear statement of prohibition in the Municipal
Code, mobile marijuana dispensaries could begin oper-
ating within the City. This urgency ordinance is proposed
in accordance with Government Code section 36937..
MUNICIPAL CODE APPLICATIONS: Chapter 17.50
Zoning Code Amendment
Pursuant to the authority and criteria contained in the
California Environmental Quality Act (CEQA) and CEQA1
Guidelines of the 'City of Rolling Hills, it has been deter-
mined that this ordinance is exempt'from review under
the California Environmental Quality Act (California1
Public Resources Code §§ 21000, et seq., "CEQA") andl
the regulations promulgated thereunder (14 California
Code of Regulations §§ 15000, et- seq., the "CEQA
Guidelines") because it enacts regulations that are appli-
cable to new or altered development projects subject to
project specific review. Therefore, it can be seen 'with
certainty that there is no possibility that this ordinance,
will cause a direct physical change in the environment;
and therefore the adoption of this ordinance1is.noot,con-
sidered a projectper.:section 21065 of CEQA!Iri addition;,
this :ordinance is` an action being taken. for .chanced
protection of the environment that doesi`notIfia`ve the
potential to cause significant effects on the environment.
Consequently, it is categorically exempt in accordance
with CEQA Guidelines §§ 15305 as a minor alteration in
land use limitations which do not result in any changes in
land use or density; and 15308 as an action taken by a
regulatory agency for protection of the environment.
Any person is welcome to, review the proposed ordi-
nance prior to the public hearing at the City Hall
Administration Building located at 2 Portuguese Bend
Road, Rolling Hills, CA during regular working hours and
come to the meeting..
If you challenge the approval or denial of the proposed
ordinance !in court, you may be limited to raising only
those issues you or someone else raised at the public
hearing described in this notice, or in written correspon-
dence delivered to the City Council at, or prior to, the
public hearing.
Published in the Palos Verdes Peninsula News on
January 28, 2016.
CITY OF ROLLING HILLS
PROOF OF SERVICE BY MAIL AND POSTING
STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES
- I -am a citizen of the -United States. I -am over the -age of eighteen__years_ and not_a party to the_ _
within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California.
On the 28`h day of January, 2016, I serve the within
City Council - Notice of Public Hearing
Ordinance — Amending Title 17 (Medical Marijuana)
a copy of which is annexed hereto and made a part hereof, on the person, or persons, named
below by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Rolling Hills, California addressed as follows:
PUBLISHED
PV News
EMAILED
Pending Ordinances
ListSery
DELIVERED
None.
Also posted at City Hall and on www.Rolling-Hills.org /Pending Ordinances
I declare under penalty of perjury, that the foregoing is true and correct.
Executed on the 28th day of January, 2016 at Rolling Hills, California.
EWA NIKODEM
ADMINISTRATIVE ASSISTANT
6€4 Ra11410 qr.&
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
NOTICE OF PUBLIC HEARING BEFORE THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of Rolling Hills will hold a Public Hearing
at 7:30 PM on Monday, February 8, 2016 in the Council Chambers of City Hall, 2 Portuguese Bend Road,
Rolling Hills, CA for the purpose of receiving public input regarding the following proposed ordinance:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE
ROLLING HILLS MUNICIPAL CODE BY AMENDING SECTIONS 17.08.050 AND 17.16.020
AND ADDING CHAPTER 17.29 IN ORDER TO IMPOSE AN EXPRESS BAN ON MEDICAL
MARIJUANA CULTIVATION AND DISPENSARIES WITHIN THE CITY AND DECLARING
THE URGENCY THEREOF.
The purpose of the urgency ordinance is to amend the Municipal Code to prohibit all commercial medical
marijuana cultivation and dispensation occurring within the City in order to protect City residents from
the negative and dangerous effects these uses have upon peace and safety. Absent immediate
effectiveness, the cultivation of medicinal marijuana will be authorized and regulated solely by the State
during the time a non -urgency ordinance would be required to take effect. Additionally, without a clear
statement of prohibition in the Municipal Code, mobile marijuana dispensaries could begin operating
within the City. This urgency ordinance is proposed in accordance with Government Code section 36937. .
MUNICIPAL CODE APPLICATIONS: Chapter 17.50 Zoning Code Amendment
Pursuant to the authority and criteria contained m the California Environmental Quality Act (CEQA) and
CEQA Guidelines of the City of Rolling Hills, it has been determined that this ordinance is exempt from
review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et
seq., the "CEQA Guidelines") because it enacts regulations that are applicable to new or altered
development projects subject to project specific review. Therefore, it can be seen with certainty that there is
no possibility that this ordinance will cause a direct physical change in the environment, and therefore the
adoption of this ordinance is not considered a project per section 21065 of CEQA. In addition, this
ordinance is an action being taken for enhanced protection of the environment that does not have the
potential to cause significant effects on the environment. Consequently, it is categorically exempt in
accordance with CEQA Guidelines §§ 15305 as a minor alteration in land use limitations which do not
result in any changes in land use or density; and 15308 as an action taken by a regulatory agency for
protection of the environment.
Any person is welcome to review the proposed ordinance prior to the public hearing at the City Hall
Administration Building located at 2 Portuguese Bend Road, Rolling Hills, CA during regular working
hours and come to the meeting.
If you challenge the approval or denial of the proposed ordinance in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council at, or prior to, the public hearing.
Published in Palos Verdes Peninsula News on January 28, 2016.
Delivery from outside of the city of prepaid for medical cannabis or medical
marijuana to an individual's home shall be exempt from any provision set forth in
chapter 17 of the City of Rolling Hills
Residences Bill of Rights
Nothing in the Rolling Hills municipal code should be construed to limit or prevent
an. individual with a doctor's approval for medical cannabis or medical marijuana
from having prepaid medical cannabis or medical marijuana being delivered to
their home from outside of the city by State Licensed Delivery Service.
Nothing in the Rolling Hills municipal code should be construed to limit or prevent
an individual with a doctor's approval for medical cannabis or medical marijuana
from processing or cultivating enough state legal cannabis for personal use.
However, municipal code may prevent an individual from selling or even giving
away any cannabis or cannabis product to anyone else, including (but not limited
to) other individuals that have a doctor's approval for medical cannabis or
medical marijuana.
RECEIVED
JAN 2 0 2016
City of Rolling Hills
By -F,ec.m tit% 1V4.vi1c.,
Delivery from outside of the city of prepaid for medical cannabis or medical
marijuana to an individual's home shall be exempt from any provision set forth in
chapter 17 of the City of Rolling Hills
CResid- es BiIl of Rights
I Nothing in the Rolling Hills -municipal code sshould be construed to limit or -prevent
n individual with a doctor's approval for medical cannabis or medical marijuana
from having prepaid medical cannabis or medical marijuana being delivered to
their home from outside of the city by State Licensed Delivery Service.
,I Nothing in the Rolling Hills municipal code should be construed to limit or prevent
an individual with a doctor's approval for medical cannabis or medical marijuana
from processing or cultivating enough state legal cannabis for personal use.
However, municipal code may prevent an individual from selling or even giving
away any cannabis or cannabis product to anyone else, including (but not limited
to) other individuals hat have a.doctor's approval for medical cannabis or
\medicalimanjuana -- -- -
RECEIVED
JAN 2 5 2016
C of Rolling ills
By
(,t 0 POLIO Gjjynm6N r
f p m AUfae
Opp AT-ndau TYvm
fur AccGuk
al Rai&if qiceed
INCORPORATED JANUARY 24, 1957
TO:
FROM:
SUBJECT:
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.:8C
Mtg. Date: 01/19/16
HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
NATALIE C. KARPELES, ASSISTANT CITY ATTORNEY
PUBLIC HEARING REGARDING PROPOSED ADDITION OF
CHAPTER 17.29 TO TITLE 17, AS WELL AS PROPOSED
AMENDMENTS TO SECTIONS 17.08.050 AND 17.16.020 OF THE
ROLLING HILLS MUNICIPAL CODE, TO PROHIBIT THE
DELIVERY, CULTIVATION, AND DISPENSING OF MEDICAL
MARIJUANA, IN ZONING CASE NO. 899 AND ZONING CODE
AMENDMENT NO. 2016-01.
DATE PUBLISHED: JANUARY 7, 2016
ATTACHMENTS:
A) PROPOSED AMENDMENTS TO TITLE 17 OF THE RHMC
(amendments underlined)
B) RESOLUTION NO. 2016-01 (recommendation that the City Council
to adopt an Ordinance prohibiting cultivation, delivery and dispensing
of medical marijuana within the City's boundaries).
BACKGROUND
In 1996, the voters of the State of California approved Proposition 215, entitled the
Compassionate Use Act, the intent of which was to enable persons who are in need of
medical marijuana to use it without fear of prosecution under limited, specified
circumstances.
In 2004, the Legislature enacted Senate Bill 420 (referred to as the Medical Marijuana
Program) to clarify the scope of Proposition 215 and to provide qualifying patients and
primary caregivers who cultivate marijuana with a limited defense to certain specified
State criminal statutes. Assembly Bills 2650 (2010) and 1300 (2011) amended the
Medical Marijuana Program to expressly recognize the authority of counties and cities
to "adopt local ordinances that regulate the location, operation, or establishment of a
medical marijuana cooperative or collective" and to civilly and criminally enforce such
ordinances.
In 2013, in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc.1, the
California Supreme Court held that "[n]othing in the [Compassionate Use Act] or the
[Medical Marijuana Program] expressly or impliedly limits the inherent authority of a
local jurisdiction, by its own ordinances, to regulate the use of its land...." Additionally,
in Maral v. City of Live Oak2, the Court of Appeal affirmed the ability of local
government entities to prohibit the cultivation of marijuana under its land -use
authority, holding that "there is no right - and certainly no constitutional right - to
cultivate medical marijuana...."
On October 9, 2015, Governor Brown signed three bills into law - Assembly Bills 266
and 243, and Senate Bill 643 - collectively referred to as the Medical Marijuana
Regulation and Safety Act ("MMRSA"). Prior to the passage of the MMRSA, Statelaw
provided no legal mechanism for commercial cultivation of marijuana for medicinal
purposes and Federal law prohibited all cultivation of marijuana. Until the MMRSA
was passed, cultivation of marijuana for medicinal purpose's in California was restricted
to individual qualified patients or their primary care givers for non-commercial
purposes and limited to personal quantities. The MMRSA became effective on January
1, 2016 and contains provisions that govern the cultivating, processing, transporting,
testing, and distributing of medical marijuana to qualified patients. The MMRSA also
contains new statutory provisions that:
• Set up a "dual licensing" scheme which requires dispensaries and cultivators to
obtain a local license prior to requesting and obtaining a license from the State;
no dispensary or cultivation activity may lawfully operate without both a State
and local license.
• Allow the City to completely prohibit the delivery of marijuana by requiring a
local government that wishes to prevent marijuana delivery activity3 from
operating within the local government's boundaries to enact an ordinance
affirmatively banning such delivery activity (see Business & Professions Code §
19340(a)).
• Preserves the ability of a qualified patient and/ or primary caregiver to cultivate
for personal, non-commercial purposes, sets new limits on such cultivation, and
exempts such personal cultivation from State cultivation licensing requirements.
Furthermore, the MMRSA allows local governments to enact ordinances
expressing their intent to prohibit the cultivation of marijuana and their intent
1 56 Ca1.0 729
2 221 Ca1.Appg 975
3 As defined in Business and Professions Code § 19300.5
not to administer a conditional permit program for the cultivation of marijuana
(see Health & Safety Code § 11362.777(c)(4)).
• Expressly provide that the MMRSA does not supersede or limit local law
enforcement activity, enforcement of local ordinances, or enforcement of local
permit or licensing requirements regarding marijuana (see Bus. & Prof. Code §
19315(a)).
• Expressly provide that the MMRSA does not limit the authority or remedies of a
local government under any provision of law regarding marijuana, including but
not limited to local governments' right to make and enforce within its limits all
police regulations not in conflict with general laws (see Bus. & Prof. Code §
19316(c)).
The MMRSA, however, also states that if a city or county has not adopted land use
regulations by March 1, 2016 to either regulate or ban the cultivation, distribution and
use of marijuana, the State will be the sole authority that issues cultivation licenses in
that jurisdiction, meaning no local license will be required. Specifically, Health & Safety
Code § 11362.777(a)(4) states:
If a city, county, or city and county does not have land use regulations or
ordinances regulating or prohibiting the cultivation of marijuana, either
expressly or otherwise under principles of permissive zoning, or chooses
not to administer a conditional permit program pursuant to this section,
then commencing March 1, 2016, the division shall be the sole licensing
authority for medical marijuana cultivation applicants in that city, county,
or city and county.
Commercial medical marijuana activities, as well as cultivation for personal medical use
as allowed by the Compassionate Use Act and the Medical Marijuana Program, can
adversely affect the health, safety, and well-being of City residents. Further, as
recognized by the Attorney General's August 2008 Guidelines for the Security and Non -
Diversion of Marijuana Grown for Medical Use, marijuana cultivation or other
concentration of marijuana in any location or premises without adequate security
increases the risk that surrounding homes or businesses may be negatively impacted by
nuisance activity such as loitering or crime. While the Compassionate Use Act and
Medical Marijuana Program provide limited immunity from specified State marijuana
laws, this immunity does not grant any land use rights or create the right to maintain a
public nuisance.
SUMMARY OF PROPOSED REVISIONS
Until now, the City's land use regulations were not required to expressly prohibit
commercial cultivation of medicinal marijuana because it was not legal (pursuant to
State or Federal law) and because such commercial cultivation is not recognized as a
specifically allowed use in the City's land use districts. Prior to the effective date of this
ordinance, the cultivation, processing and distribution of medical marijuana in the City
is prohibited to the extent such activities are prohibited by the Federal Controlled
Substances Act, or other law.
Title 17 of the Rolling Hills Municipal Code (the City's Zoning Ordinance) lists
specifically permitted uses within the City's various zones. As medical marijuana
dispensaries are not permitted by right or with a conditional use permit, they are
prohibited. Because the Rolling Hills Municipal Code does. not currently expressly and
separately prohibit the cultivation or delivery of marijuana within the City, Title 17 has
historically been applied to prohibit or preclude these types of activities. In order to
ensure full local . control over regulation of commercial cultivation of marijuana for
medicinal purposes in the City is preserved, the MMRSA requires the City to adopt an
ordinance explicitly regulating commercial cultivation by March 1, 2016 to ensure the
State is not the sole regulator of cultivation activities. Additionally, the MMRSA also
contains language that requires delivery services to be expressly prohibited by local
ordinance, if the City wishes to do so.
Attached to this Memorandum is the proposed Resolution recommending to the City
Council to amend the Zoning Ordinance by adding Chapter 17.29 to Title 17, as well as
proposed amendments to sections 17.08.050 and 17.16.020 of the Rolling Hills Municipal
Code in order to impose an express ban on marijuana cultivation, delivery, . and
dispensaries within the City. If adopted by the City Council, the ordinance will:
• Prohibit the cultivation, delivery and distribution of marijuana in all zones
within the City by expressly listing them as a non -permitted uses;
• Add Chapter 17.29 to Title 17 ("Zoning") of the Rolling Hills Municipal Code
to extensively regulate the delivery, cultivation and dispensing of marijuana
within the City. Specifically, Chapter 17.29 will:
o Prohibit mobile marijuana dispensaries4 from operating within the City;
o Expressly prohibit deliveries of marijuana both within the City, as well
as deliveries to and from the City;
o Expressly prohibit the cultivation of marijuana for commercial and non-
commercial purposes by any person (including qualified patients and
primary caregivers) anywhere in the City; and
o Regard any violation of the ordinance to be a nuisance subject to
summary abatement, and/ or administrative citation, among other
enforcement remedies
RECOMMENDATION
It is recommended that the Planning Commission review the staff report, open the
public hearing, take public testimony and adopt Planning Commission Resolution No.
4 The MMRSA identifies a new business model for the distribution of marijuana: "mobile dispensaries." Mobile
dispensaries involve the commercial transportation of medical marijuana to qualified patients or caregivers by a
dispensary or via any technology platform, which may be independently licensed or owned by the
dispensary. According to the provisions of the MMRSA, mobile dispensaries must be expressly identified and
banned in order to be prohibited.
2016-01 (Attachment 1) recommending that the City Council approve an Ordinance
amending sections 17.08.050 and 17.16.020 of the Rolling Hills Municipal Code; and
add Chapter 17.29 to Title 17 of the Rolling Hills Municipal Code in order to impose an
express ban on medical marijuana cultivation, delivery and dispensaries within the
City.
THIS PAGE INTENTIONALLY LEFT BLANK
ATTACHMENT A
Amend Title 17 (ZONING) as follows:
1. Add subparagraph B. to Section 17.08.050 - Zoning compliance required.
A. Except as provided in this title, no building shall be erected,
reconstructed or structurally altered, nor shall any building or land
be used for any purpose except as specifically provided for and
allowed by this title. Any use or structure not specifically permitted
by this title shall be prohibited.
B. The cultivation, delivery, and mobile dispensing of marijuana are
highly objectionable uses; as such the cultivation delivery and
mobile dispensing of marijuana are expressly prohibited in all
zones of the Cit (per Section 17.16.020 B and Cha .ter 17.29 .
Accordingly, the City shall not issue any permit; license, or other
entitlement for the cultivation, delivery and mobile dispensing of
marijuana.
2. Add subparagraphs 3, 4 and 5 to Section 17.16.020 B - Permitted and
prohibited uses.
17.16.020 - Permitted and prohibited uses.
A. Uses permitted in the RA -S zone as primary uses include:
1. Single-family residences;
2. Tree, bush or field crops provided there is no retail sale from the
premises and provided the activity does not cause undue traffic not normally
associated with residential use.
B. The following uses are prohibited in the RA -S zone:
1. It shall be unlawful for any person to offer or make available for
rent or to rent (by way of a rental agreement, lease, license or any
other means, whether oral or written) for compensation a
residential dwelling or a room in a dwelling for occupancy of less
than thirty days.
2. It shall be unlawful for any person to occupy a residential dwelling
or a room in a dwelling for less than thirty days pursuant to a
rental agreement, lease, license or any other means, whether oral or
written, for compensation.
-6-
3. Cannabis delivery, including the use by a medical marijuana
dispensary of any technology platform owned and controlled by
the medical marijuana dispensary, or independently licensed by
the State under the Medical Marijuana Regulation and Safety
Act, which enables persons, qualified patients, and/or primary
caregivers to arrange for or facilitate the commercial transfer of
medical marijuana or medical marijuana products, defined in
Chapter 3.5 of the Health and Safety Code, as may be amended.
4. Commercial cannabis activities, including cultivation, possession,
manufacture, possessing, storing, laboratory testing, labeling,
transporting, distribution, or sale of medical marijuana or
medical marijuana products, except as set forth in Business and
Professions Code section 19319, related to qualified patients
and/or primary caregivers.
5. Cultivation of cannabis or medical marijuana, including the
planting, growing, harvesting, drying, curing, grading, or
trimming of marijuana or cannabis, defined in Chapter 3.5 of the
Health and Safety Code, as may be amended.
3. Add Chapter 17.29 Medical Marijuana Regulation to Title 17 (ZONING)
of the Rolling Hills Municipal Code to read as follows:
Tile 17
Chapter 17.29 Medical Marijuana Regulation
Sections:
17.29.010 Definitions
17.29.020 Prohibition
17.29.030 Public Nuisance
Sec. 17.29.010 Definitions.
As used in this chapter:
Cannabis, or Marijuana, shall have the same definition as Health and Safety Code
section 11018.
Commercial Cannabis Activity means cultivation, possession, manufacture,
processing, storing, laboratory testing, labeling, transporting, distribution, or sale
of Medical Cannabis or a Medical Cannabis product, except as set forth in
-7-
Business and Professions Code Section 19319, related to Qualifying Patients and
Primary Caregivers.
Cultivation means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of Cannabis.
Delivery shall include the use by a Dispensary of any technology platform owned
and controlled by the Dispensary, or independently licensed by the State under
the Medical Marijuana Regulation and Safety Act, which enables Persons,
Qualified Patients, and/or Primary Caregivers to arrange for or facilitate the
commercial transfer of Medical Cannabis or'Medical Cannabis products.
Dispensary means a facility where Medical Cannabis, Medical Cannabis products,
or devices for the use of Medical Cannabis or Medical Cannabis products are
offered, either individually or in any combination, for retail sale, including an
establishment that Delivers Medical Cannabis and Medical Cannabis products as
part of a retail sale.
Medical Cannabis means a product containing Cannabis, including but not limited
to, concentrates and extractions, intended to be sold by Medical Cannabis
patients in California pursuant to Health and Safety Code section 11362.5 and
11362.7.
Medical Marijuana Regulation and Safety Act shall refer to Chapter 3.5 of the
California Business and Professions Code, commencing with section 19300, et seq.
Mobile Marijuana Dispensaries means any Dispensary, clinic, cooperative,
association, club, business or group which transports or Delivers, or arranges the
transportation or Delivery, of Medical Cannabis to a Person.
Person means any individual, firm, corporation, association, club, society, or
other organization. The term Person shall include any owner, manager,
proprietor, employee, volunteer, or salesperson.
Primary Caregiver shall have the same definition as Health and Safety Code
section 11362.7, as may be amended.
Qualified Patient shall have the same definition as Health and Safety Code section
3362.7, as may be amended, and which means a Person who is entitled to the
protections of Health and Safety Code section 11362.5. For the purposes of this
Article, Qualified Patient shall include a Person with an identification card, as
that term is defined by Health and Safety Code section 11362.7 et seq.
Sec. 17.29.020 Prohibition.
A. Commercial Cannabis Activities of all types are expressly prohibited in all
zones within the City's jurisdictional limits. No Person shall establish,
operate, conduct, or allow a Commercial Cannabis Activity anywhere
within the City.
B. Mobile Marijuana Dispensaries are prohibited in all zones within the
City's jurisdictional limits. No Person shall:
1 Locate, operate, own, suffer, allow to be operated or abide, abet or
assist in the operation of any Mobile Marijuana Dispensary within
the City;
2. Deliver Marijuana to any location within the City from a Mobile
Marijuana Dispensary, regardless•of where the Mobile Marijuana
Dispensary is located, or engage in any operation for this purpose;
or
3. Deliver any Medical Cannabis product, including, but not limited
to tinctures, baked goods, or other consumable products, to any
location within the City from a Mobile Marijuana Dispensary,
regardless of where the Mobile Marijuana Dispensary is located, or
engage in any operation for this purpose.
C. This section is meant to prohibit all activities for which a State license is
required. Accordingly, the City shall not issue any permit, license or other
entitlement for any activity for which a State license is required under the
Medical Marijuana Regulation and Safety Act.
D. Marijuana cultivation by any person or entity, including clinics,
collectives, cooperatives and dispensaries, is prohibited in all zones within
the City's jurisdictional limits. No permit, whether conditional or
otherwise, shall be issued for the establishment of such activity. No
Person, including a Qualified Patient or Primary Caregiver, shall Cultivate
any amount of Cannabis in the City, even for medicinal purposes, except
where the City is preempted by federal or state law from enacting a
prohibition on such activity.
Sec. 17.29.030 Public Nuisance.
Any use or condition caused, or permitted to exist, in violation of any provision
of this Article shall be, and hereby is declared to be, a public nuisance and may be
summarily abated by the City pursuant to Code of Civil Procedure section 731 or any
other remedy available to the City.
-9-
ATTACHMENT B
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 2016-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS RECOMMENDING THAT THE
CITY COUNCIL AMEND TITLE 17 OF THE ROLLING HILLS
MUNICIPAL CODE BY AMENDING SECTIONS 17.08.050
AND 17.16.020 AND ADDING CHAPTER 17.29 IN ORDER TO
IMPOSE AN EXPRESS BAN ON MEDICAL MARIJUANA
CULTIVATION, DELIVERY AND DISPENSARIES WITHIN
THE CITY IN ZONING CASE NO. 899 AND ZONING CODE
AMENDMNET NO. 2016-01.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. Rolling Hills Municipal Code ("RHMC") Section 17.08.050 provides that uses
not specifically permitted in the RHMC are prohibited. Section 17.16.020 provides a list of permitted
uses and prohibited uses. Commercial uses are not specifically permitted; therefore, they are prohibited.
However, the City has determined that recent developments in State Law regarding the regulation of
medical marijuana make it necessary to clarify that uses such as the cultivation, delivery and
dispensation of marijuana are expressly banned in the City of Rolling Hills.
Section 2. The Project has been reviewed in accordance with the California Environmental
Quality Act, and it has been determined that the proposed project would not have a significant effect on
the environment.
Section 3. Chapter 17.50 of the RHMC sets forth procedures for amending the Zoning
Ordinance. A public hearing before the Planning Commission is necessary before a recommendation for
a Zoning Code amendment can be made to the City Council. On January 19, 2016 the Planning
Commission held a duly noticed public hearing and accepted public testimony.
Section 4. The Planning Commission considered the information provided by City staff,
public testimony, and other evidence regarding the Project. This Resolution, and its findings, are based
upon the evidence presented to the Commission at its January 19, 2016 hearing, including, without
limitation, the staff report submitted and finds that the proposed Zoning Ordinance amendments
comply with the requirements of the City of Rolling Hills General Plan, Rolling Hills
Municipal Code and State Planning and Zoning Laws (Government section 65000 et seq.).
Section 5. The Planning Commission does hereby find and declare as follows:
A. On October 9, 2015, Governor Brown signed three bills into law — Assembly Bills
266 and 243, and Senate Bill 643 — collectively referred to as the Medical
Marijuana Regulation and Safety Act ("MMRSA"). The MMRSA became
effective on January 1, 2016 and contains provisions that govern the cultivating,
processing, transporting, testing, and distributing of medical marijuana to
qualified patients.
B. The MMRSA states that if a city or county has not adopted land use regulations
by March 1, 2016, to either regulate or ban cultivation of marijuana for medicinal
Resolution No. 2016-01 1
purposes, the State will be the sole authority that issues cultivation licenses in that
jurisdiction, meaning no local license will be required.
C. Commercial medical marijuana activities, as well as cultivation for personal
medical use as allowed by the Compassionate Use Act and the Medical Marijuana
Program, can adversely affect the health, safety, and well-being of City residents.
Further, as recognized by the Attorney General's August 2008 Guidelines for the
Security and Non -Diversion of Marijuana Grown for Medical Use, marijuana
cultivation or other concentration of marijuana in any location or premises
without adequate security increases the risk that surrounding homes or businesses
may be negatively impacted by nuisance activity such as loitering or crime.
D. The Rolling Hills Municipal Code (RHMC) does not currently expressly and
separately prohibit the cultivation or delivery of marijuana within the City, Title
17 has historically been applied to prohibit or preclude these types of activities.
In order to ensure full local control over regulation of commercial cultivation of
marijuana for medicinal purposes in the City is preserved, the MMRSA requires
the City to adopt an ordinance expressly regulating commercial cultivation by
March 1, 2016 to ensure the State is not the sole regulator of cultivation activities.
Additionally, the MMRSA also contains language that requires delivery services
to be expressly prohibited by local ordinance, if the City wishes to do so.
E. The Zoning Ordinance text amendments are consistent with the goals, policies,
and objectives of the General Plan because the Project is in the public interest and
there are community benefits resulting from the regulation of medical marijuana.
F. The Zoning Ordinance text amendments promote the health, safety, and welfare
of Rolling Hills' residents and serve the goals and purposes of RHMC Title 17 by
ensuring compliance with the Medical Marijuana Regulation and Safety Act.
G. The California Environmental Quality Act (CEQA) requires that the
environmental impacts of the action be assessed. The proposed amendment will
not in itself result in any environmental impacts nor will the amendment result in
any changes in the physical conditions that exist in the City. Staff has determined
the project to be Categorically Exempt from the California Environmental Quality
Act (CEQA) Guidelines per § 15061 (b)(3).
Section 6. The Planning Commission recommends that the City Council adopt the Zoning
Ordinance text amendments as set forth in attached Attachment A, which is incorporated by reference.
Section 7. Each and every one of the findings and determinations in this Resolution are
based on the competent and substantial evidence, both oral and written, contained in the entire record.
The findings and determinations constitute the independent findings and determinations of the Planning
Commission in all respects and are fully and completely supported by substantial evidence in the record
as a whole.
Section 8. The Planning Commission's analysis and evaluation of the Project is based on the
best information currently available. It is inevitable that in evaluating a project that absolute and perfect
knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis
Resolution No. 2016-01 2 e
of the project is the Planning Commission's lack of knowledge of future events. In all instances, best
efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the
City's ability to solve what are in effect regional, state, and national problems and issues. The City must
work within the political framework within which it exists and with the limitations inherent in that
framework.
Section 9. All summaries of information in the findings, which precede this section, are
based on the substantial evidence in the record. The absence of any particular fact from any such
summary is not an indication that a particular finding is not based in part on that fact.
Section 10. This Resolution will remain effective until superseded by a subsequent resolution.
. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JANUARY, 2016.
BRAD CHELF, CHAIRMAN
ATTEST:
HEIDI LUCE
CITY CLERK
Any action challenging the final decision of the City made as a result of the public hearing on this
application must be filed within the time limits set forth in section 17.54.070 of the Rolling Hills
Municipal Code and Code of Civil Procedure Section 1094.6.
Resolution No. 2016-01 3
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2016-01 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS RECOMMENDING. THAT THE CITY COUNCIL AMEND TITLE 17 OF THE
ROLLING HILLS MUNICIPAL CODE BY AMENDING SECTIONS 17.08.050 AND
17.16.020 AND ADDING CHAPTER 17.29 IN ORDER TO IMPOSE AN EXPRESS
BAN ON MEDICAL MARIJUANA CULTIVATION, DELIVERY AND
DISPENSARIES WITHIN THE CITY IN ZONING CASE NO. 899 AND ZONING
CODE AMENDMNET NO. 2016-01.
was approved and adopted at a regular meeting of the. Planning Commission on January 19th, 2016
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE
CITY CLERK
Resolution No. 2016-01 4
ATTACHMENT A
Amend Title 17 (ZONING) as follows:
1. Section 17.08.050 of the Rolling Hills Municipal Code is hereby amended to read as follows:
A. Except as provided in this title, no building shall be erected, reconstructed or
structurally altered, nor shall any building or land be used for any purpose except
as specifically provided for and allowed by this title. Any use or structure not
specifically permitted by this title shall be prohibited.
t
ion, delivery and mobile dispensing of
marijuana are expressly prohibited in all zones of the City (per Section 17.16 020
B and Chapter 17.29). Accordingly, the City shall not issue any permit, license,
or other entitlement for the cultivation, delivery and mobile dispensing of
marijuana.
2. Section 17.16.020 B of the Rolling Hills Municipal Code is hereby amended by adding
subparagraph 3, 4, and 5 and shall read as follows:
17.16.020 - Permitted and prohibited uses.
B. The following uses are prohibited in the RA -S zone:
1. It shall be unlawful for any person to offer or make available for
rent or to rent (by way of a rental agreement, lease, license or any other means,
whether oral or written) for compensation a residential dwelling or a room
in a dwelling for occupancy of less than thirty days.
2. It shall be unlawful for any person to occupy a residential dwelling
or a room in a dwelling for less than thirty days pursuant to a
rental agreement, lease, license or any other means, whether oral or
written, for compensation.
e
technology platform owned and controlled by the medical marijuana
dispensary, or independently licensed by the State under the Medical Marijuana
Regulation and Safety Act, which enables persons, qualified patients, and/or
primary caregivers to arrange for or facilitate the commercial transfer of
medical marijuana or medical marijuana products defined in Chapter 3 5 of the
Health and Safety Code, as may be amended
4. Commercial cannabis activities, including cultivation, possession, manufacture,
possessing, storing, laboratory testing, labeling, transporting, distribution, or
sale of medical marijuana or medical marijuana products_ except as set forth in
Business and Professions Code section 19319, related to qualified patients
and/or primary caregivers.
Resolution No. 2016-01 5
01-
Cultivation of cannabis or medical marijuana, including the planting, growing,
harvesting, drying, curing, grading, or trimming of marijuana or cannabis,
defined in Chapter 3.5 of the Health and Safety Code, as may be amended.
3. Title 17, Chapter 17.29, "Medical Marijuana Regulation" is hereby added to the Rolling
Hills Municipal Code to read as follows:
Tile 17
Chapter 17.29 Medical Marijuana Regulation
Sections:
17.29.010 Definitions
17.29.020 Prohibition
17.29.030 Public Nuisance
Sec. 17.29.010 Definitions.
As used in this chapter:
Cannabis, or Marijuana, shall have the same definition as Health and Safety Code section
11018.
Commercial Cannabis Activity means cultivation, possession, manufacture, processing, storing,
laboratory testing, labeling, transporting, distribution, or sale of Medical Cannabis or a Medical
Cannabis product, except as set forth in Business and Professions Code Section 19319, related to
Qualifying Patients and Primary Caregivers.
Cultivation means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of Cannabis.
Delivery shall include the use by a Dispensary of any technology platform owned and controlled
by the Dispensary, or independently licensed by the State under the Medical Marijuana
Regulation and Safety Act, which enables Persons, Qualified Patients, and/or Primary Caregivers
to arrange for or facilitate the commercial transfer of Medical Cannabis or. Medical Cannabis
products.
Dispensary means a facility where Medical Cannabis, Medical Cannabis products, or devices for
the use of Medical Cannabis or Medical Cannabis products are offered, either individually or in
any combination, for retail sale, including an establishment that Delivers Medical Cannabis and
Medical Cannabis products as part of a retail sale.
Medical Cannabis means a product containing Cannabis, including but not limited to,
concentrates and extractions, intended to be sold by Medical Cannabis patients in California
pursuant to Health and Safety Code section 11362.5 and 11362.7.
Resolution No. 2016-01 6
Medical Marijuana Regulation and Safety Act shall refer to Chapter 3.5 of the California
Business and Professions Code, commencing with section 19300, et seq.
Mobile Marijuana Dispensaries means any Dispensary, clinic, cooperative, association, club,
business or group which transports or Delivers, or arranges the transportation or Delivery, of
Medical Cannabis to a Person.
Person means any individual, firm, corporation, association, club, society, or other organization.
The term Person shall include any owner, manager, proprietor, employee, volunteer, or
salesperson.
Primary Caregiver shall have the same definition as Health and Safety Code section 11362.7, as
may be amended.
Qualified Patient shall have the same definition as Health and Safety Code section 3362.7, as
may be amended, and which means a Person who is entitled to the protections of Health and
Safety Code section 11362.5. For the purposes of this Article, Qualified Patient shall include a
Person with an identification card, as that term is defined by Health and Safety Code section
11362.7 et seq.
Sec. 17.29.020 Prohibition.
A. Commercial Cannabis Activities of all types are expressly prohibited in all zones within
the City's jurisdictional limits. No Person shall establish, operate, conduct, or allow a
Commercial Cannabis Activity anywhere within the City.
B. Mobile Marijuana Dispensaries are prohibited in all zones within the City's jurisdictional
limits. No Person shall:
1. Locate, operate, own, suffer, allow to be operated or abide, abet or assist in the
operation of any Mobile Marijuana Dispensary within the City;
2. Deliver Marijuana to any location within the City from a Mobile Marijuana
Dispensary, regardless of where the Mobile Marijuana Dispensary is located, or
engage in any operation for this purpose; or
3. Deliver any Medical Cannabis product, including, but not limited to tinctures,
baked goods, or other consumable products, to any location within the City from a
Mobile Marijuana Dispensary, regardless of where the Mobile Marijuana
Dispensary is located, or engage in any operation for this purpose.
C. This section is meant to prohibit all activities for which a State license is required.
Accordingly, the City shall not issue any permit, license or other entitlement for any
activity for which a State license is required under the Medical Marijuana Regulation and
Safety Act.
D. Marijuana cultivation by any person or entity, including clinics, collectives, cooperatives
and dispensaries, is prohibited in all zones within the City's jurisdictional limits. No
permit, whether conditional or otherwise, shall be issued for the establishment of such
activity. No Person, including a Qualified Patient or Primary Caregiver, shall Cultivate
any amount of Cannabis in the City, even for medicinal purposes, except where the City
is preempted by federal or state law from enacting a prohibition on such activity.
Sec. 17.29.030 Public Nuisance.
Resolution No. 2016-01 7
Any use or condition caused, or permitted to exist, in violation of any provision of this Article
shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the City
pursuant to Code of Civil Procedure section 731 or any other remedy available to the City.
Resolution No. 2016-01 8
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Pending Ordinances
Ewa Nikodem
1/15/2016 3:45:00 PM
Proposed Code Amendments
♦ Formatted HTML message
On Tuesday, January 19, 2016 at 6:30 p.m., during its regular meeting, the Planning Commission will hold a public hearing
regarding proposed amendments to Title 17 of the Rolling Hills Municipal Code to prohibit the delivery, cultivation and
dispensing of medical marijuana within the City of Rolling Hills.
The meeting agenda, staff report and proposed Resolution No. 2016-01 can now be found at Rolling-Hills.orq
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On Tuesday, January 19, 2016 at 6:30 PM, during its regular meeting, the Planning Commission will hold a public hearing
regarding proposed amendments to Title 17 of the Rolling Hills Municipal Code to prohibit the delivery, cultivation and
dispensing of medical marijuana within the City of Rolling Hills.
The meeting agenda, staff report and proposed Resolution No. 2016-01 can now be found at Rolling-Hills.org [http://rolling-
hills.org/index.aspx?nid=140]
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The 1/19 Planning Commission agenda & staff report pertaining to proposed amendments to the RHMC can now be found
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oMoiing �ti��� �ecv��etter
offfice: (310) 377-1521 . fax: (310) 377-7288
www.Rolling-Hills.org
CITY COUNCIL
James Black, M.D.
Bea Dieringer
Leah Mirsch
Jeff Pieper
Patrick Wilson
CITY MANAGER
Raymond R. Cruz
January 6, 2016
Issue No. 16-01
City Council Public Hearing:
View Ordinance Amendments and Consideration of
Administrative Regulations Interpreting Measure 8
On Monday, January 11, 2016 at 7:30 p.m., during its
regular meeting, the City Council will hold a public
hearing to discuss amendments to the City's View
Preservation Ordinance as well as discuss
Administrative Regulations interpreting Measure B
relating to View Preservation, as recommended by the
Planning Commission. The staff reports pertaining to
the View Ordinance amendments and the proposed
Administrative Regulations will be available at City
Hall and on the City's web site at www.rolling-hills.org
on Friday, January 8, 2016.
Christmas Tree Recycling Program
* To participate in the Christmas tree recycling
program, place your tree, with decorations
and stands removed, next to your greenwaste
by January 17-. Republic Services will pick it
up and transport it to a facility where it will be used for
mulch, compost, and landfill cover. Do not place trees
in plastic bags. Flocked trees and trees coated with
fire retardant will be accepted. Please cut trees over
six feet in half. For questions, please contact Republic
Services Customer Service Dept. at 1-800-299-4898.
Remove Dead Vegetation
The City Council in November passed a new Fire Fuel
Management Ordinance in order to assist in managing
dangerous fire fuels in the City. Due to the drought,
there is more dead vegetation (trees, shrubs and plants)
than ever posing a threat to our community. The Los
Angeles County Fire Department regulates the first 200
feet from structures in order to establish a fire fighting
defensible space. The Ordinance requires the removal
of the dead plants on the remainder of your property to
help keep our community safe.
No Overnight Parking Allowed
Ei
The Rolling Hills Traffic Commission would
like to remind residents and visitors that
there is no overnight parking allowed along
any city roadways or in cul-de-sacs. Also, when
parking along the roadway, please be sure that the
vehicle does not block any equestrian trails, fire
hydrants or driveways and that the vehicle is
completely off of the roadway so as not to impede
equestrian or vehicle traffic.
Caballeros Luncheon and Board Installation
� •. Sunday, February 7, 2016
11:00 a.m.
Red Onion - 736 Silver Spur Road
$20 / person
RSVP by 2/5 to Clint at 310-541-3062 or
clint.patterson@gmail.com
ROLLING HILLS CRIMES REPORTED
For the time period December 6-26, 2015
Dec. 18-22 — Maverick Lane — Residential Burglary
Wishing you a Happy New Year!
Rolling Hills City Council and Staff wish all residents a
happy, safe and prosperous 2016! Please note, City
Hall will be closed on Monday, January 18, 2016 in
observance of the Martin Luther King, Jr. Holiday.
PVPUSD Solar Energy Project
At the November 18, 2015 Board of Education
meeting, the Board voted to enter into a Purchase
Power Agreement with PFMG Solar to install solar
energy systems at most of the District's school
campuses. The cost savings estimate for the District is
$6.7 Million dollars over the term of the 25 -year
agreement. As a part of its community outreach
program, the School District will be hosting a series of
public information meetings regarding the project. For
meeting dates and additional information about the
project, please visit the PVPUSD web site at
www.pvpusd.net.
Planning Commission Public
Hearing: Zoning Code Amendment
The Planning Commission will hold a public hearing
regarding a Zoning Code Amendment to expressly ban
cultivation, delivery and dispensation for commercial
purposes of medical marijuana in the City.
Recently enacted State legislation provides the City
with greater authority for regulating medical marijuana
activities; but has added permitted new businesses
such as "mobile dispensaries". The legislation provides
that such deliveries and other activities must be
expressly prohibited in order to be effectively regulated
by the City.
RHCA ANNOUNCEMENTS
Road Use Fee Change Effective January 1, 2016
Starting on January 1, 2016, RHCA will no longer be
charging for a road use fee at the gates for workers
entering the community. Instead, a road use fee will be
included as a surcharge on open and new RHCA building
permits. A letter was mailed to all residents the week of
12/27 detailing this change. The road use fee was
charged at the gate through 12/31/15. Any balances on
gate credits will be refunded to residents in January.
Please contact the RHCA office if you have any questions
at 310-544-6222 or info@rhca.net
Save the Date....RHCA Annual Meeting
The Rolling Hills Community Association Annual
Meeting will be held at 7:30 p.m. on Wednesday,
January 20, 2016 at the South Coast Botanic Garden,
26300 Crenshaw Blvd., Rolling Hills Estates.
UPCOMING CITY MEETINGS
City Council Meetings
01/11/16 and 01/25/16 at 7:30 p.m.
Planning Commission Meeting
1/19/16 at 6:30 p.m.
Traffic Commission Meeting
01/28/16 at 8:30 a.m.
AGENDA CITY COUNCIL CITY OF ROLLING HILLS
REGULAR MEETING MONDAY, JANUARY 11, 2016 7:30 P.M.
THIS AGENDA MAY NOT BE COMPLETE. THE FINAL AGENDA WILL BE POSTED AT CITY HALL 72 HOURS BEFORE THE CITY COUNCIL
MEETING. THE FINAL AGENDA IS ALSO POSTED ON THE CITY OF ROLLING HILLS WEBSITE AT WWW. ROLLING-HILLS.ORG.
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent
Calendar causing it to be considered under Council Actions.
A. Minutes — (1) Regular Meeting of November 9, 2015 and (2) Regular Meeting of November 23, 2015.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Consideration of the City Council Approved Vendor List.
RECOMMENDATION: Approve as presented.
D. Consideration of Fiscal Year 2016/2017 Budget Preparation Calendar.
RECOMMENDATION: Approve as presented.
E. City Council Finance/Budget/Audit Committee meeting notes of December 17, 2015.
RECOMMENDATION: Receive and file.
4. COMMISSION ITEMS
A. RESOLUTION NO. 2015-23. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL
OF A SITE PLAN REVIEW FOR AN ADDITION AND CONSTRUCTION OF A POOL EQUIPMENT ENCLOSURE ON A PROPERTY WITH
RESTRICTED DEVELOPMENT CONDITION; GRADING FOR A GUEST PARKING AREA AND VARIANCES TO LOCATE THE EQUIPMENT
ENCLOSURE IN THE FRONT YARD AREA OF THE SITE, TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE, AND TO LOCATE
A PORTION OF A 3' HIGH RETAINING WALL WITHIN THE SIDE YARD SETBACK AT 13 OUTRIDER ROAD, (LOT 94-A-EF), ROLLING HILLS,
CA, (HANG JA Y00).
B. RESOLUTION NO. 2015-25. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A
CONDITIONAL USE PERMIT AND A SITE PLAN REVIEW TO FILL IN AND CONVERT AN EXISTING CABANA TO A GUEST HOUSE AND TO
CONSTRUCT A RAISED DECK AT 7 CREST ROAD EAST IN ZONING CASE NO. 891 (LOT 3. -FT), ROLLING HILLS, CA. (DOTY).
5. PUBLIC HEARINGS
A. AT THE REQUEST OF THE APPLICANT, THE PUBLIC HEARING IN ZONING CASE NO. 880 WILL BE CONTINUED TO A DATE TO BE
SELECTED AT THIS MEETING. ZONING CASE NO. 880 - REVISED. REQUEST FOR A SITE PLAN REVIEW AND VARIANCES FOR A 280
SQUARE FOOT ADDITION OF WHICH 41 SQUARE FEET WOULD ENCROACH UP TO 5.2' INTO THE SIDE YARD SETBACK, AND THE
ROOF OVERHANG WOULD ENCROACH 3.8' INTO THE SIDE YARD SETBACK BEYOND THE MAXIMUM OF 5' ALLOWED, AND FOR A
RETAINING WALL THAT WOULD BE 20' LONG, BETWEEN 3' TO 5' HIGH AND WHICH WOULD NOT AVERAGE OUT TO 2.5' IN HEIGHT
TO ENCROACH 10' INTO THE SIDE YARD SETBACK IN ZONING CASE NO. 880 - REVISED, AT 15 PORTUGUESE BEND ROAD (LOT 78-
RH), ROLLING HILLS, CA, (HASSOLDT).
B. AT THE REQUEST OF THE PARTIES, THE PUBLIC HEARING ON THE APPEALS OF COMMITTEE ON TREES AND VIEWS RESOLUTION
NO. 2015-03-CTV WILL BE CONTINUED TO A DATE TO BE SELECTED AT THIS MEETING. CONSIDERATION OF TWO APPEALS OF
COMMITTEE ON TREES AND VIEWS RESOLUTION NO. 2015-03-CTV SETTING FORTH FINDINGS RELATING TO TRIMMING OF TREES
AT 15 PORTUGUESE BEND ROAD DUE TO VIEW IMPAIRMENT FROM 18 PORTUGUESE BEND ROAD.
C. (1.) CONSIDERATION OF AN ORDINANCE NO. 346. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 OF THE
ROLLING HILLS MUNICIPAL CODE RELATING TO VIEW PRESERVATION, IN ZONING CASE NO. 881 AND ZONING CODE AMENDMENT
NO. 2015-03. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). AND
(2.) CONSIDERATION OF RESOLUTION NO. 1182 ADOPTING ADMINISTRATIVE REGULATIONS INTERPRETING MEASURE B RELATING
TO VIEW PRESERVATION.
6. OLD BUSINESS
A. PERSONAL APPEARANCE BY THE APPLICANTS IN ZONING CASE NO. 869, SUBDIVISION NO. 94, VESTING TENTATIVE PARCEL MAP
NO. 72775 TO DISCUSS CITY COUNCIL REQUIREMENT FOR A THIRD PARTY CONSULTANT HYDROLOGY STUDY AND PEER REVIEW
OF THE EXISTING GEOTECHNICAL REPORTS (HYNES).
7. NEW BUSINESS
A. CONSIDERATION OF THE 2014-15 ANNUAL FINANCIAL AUDIT
B. DISCUSSION TO APPROPRIATE FUNDS IN CONCURRENCE WITH THE PERCENTAGES IDENTIFIED WITHIN THE PENINSULA
REGIONAL LAW ENFORCEMENT CONTRACT IN ORDER TO ADD ONE SURVEILLANCE AND APPREHENSION TEAM (SAT) DETECTIVE.
8. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS
A. DISCUSSION REGARDING MOVING THE START TIME OF CITY COUNCIL MEETINGS TO 6:30 P.M.
10. MATTERS FROM STAFF
A. RESIDENTIAL BURGLARY UPDATE. (ORAL REPORT)
11. CLOSED SESSION
NONE.
12. ADJOURNMENT
Documents pertaining to each agenda item are available for review in the City Clerk's office on after 2pm on the Friday before the meeting or at the meeting
at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting due to your disability, please contact the Deputy City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make
reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting.
t'L z06 n,ti,o/1/V, VW— ..7/ ?/
Pnodl"8199 f6"1"c
`7/''r G�/� oad °'I V
Subject: Time -Sensitive Communication RE: Marijuana Policy.
Date: Wednesday, November 2, 2016 2:27 PM
From: LA Country RAM Workgroup <lacountyram@gmail.com>
To: LA County RAM <lacountyram@gmail.com>
Dear City Clerk,
Rethinking Access to Marijuana (RAM) is a collection of public health agencies funded by the LA County Department of Public Health and is
engaged in a Community Partnership with the UCLA Fielding School of Public Health.
(We ask that you distribute this document to all policymakers in your city) https://drive.google.com/file/d/
OB5rHO4JDkeMGdmSlazFFYWhHY2M/view?usp=sharing <https:%/drive.google.com/file/d/0B5rHO4JDkeMGdm51azFFYWhHY2M/view?
usp=sharing>
As public health advocates, we are concerned by the harm associated with marijuana use, particularly as it relates to youth. Youth are vulnerable
to marijuana's societal and physiological impacts; the data show it can dramatically impact cognitive development and academic performance.
Comprehensive regulation is a crucial strategy to mitigate the negative impacts of marijuana on youth. The RAM Policy Menu provides important
information for local legislators concerned with enacting smart marijuana regulation. New medical marijuana laws were established in January
2016, but many areas of regulation are still under development. Local jurisdictions still hold the right and responsibility to define the presence of
medical marijuana in their communities. With the additional possibility that legal recreational marijuana use will become a reality in the near
future, officials must act now to enact policies that minimize youth exposure.
RAM is not for or against the legalization of marijuana for recreational use. We are advocating for solutions that protect youth.
For more information about RAM, visit our website at www.lacountyram.org <http://www.lacountyram.org/> .
Best,
The Members of Rethinking Access to Marijuana
Link to Policy Menu: https://drive.google.com/file/d/OB5rHO4JDkeMGdm51azFFYWhHY2M/view?usp=sharing
Re: Marijuana
Marijuana Regulation and
Enforcement Priorities for Cities
Changes in marijuana policy are gaining momentum throughout Los
Angeles County. Yet, little is known about the impact these shifts will
have on health systems, prevention and treatment of substance abuse,
social outcomes such as education and professional achievement, and
other disease prevalence. Proliferation of marijuana outlets, whether
recreational or medical, has the potential for a serious negative impact
on the health and safety of communities, and youth in particular.
As public health advocates, we are concerned with preventing health
harm associated with marijuana use. The chief priority for protecting
the health of LA County residents is preventing use of marijuana during
the important developmental periods of childhood and adolescence.
Marijuana is particularly risky for young people to use because it can
interfere with brain development' and has been shown to cause long-
term deficits in cognitive function when use begins in adolescence'.
Comprehensive regulation is a crucial strategy for city leaders to prevent
negative impacts from marijuana on youth. As of January 2016, California
has new medical marijuana regulations, yet many areas of regulation
are still under development. There is also the possibility that legal
recreational marijuana use will become a reality in the near future.
How can city residents and officials act now to ensure that local policies
protect youth and preserve the character of our communities?
This document reviews proven strategies to limit youth access to
marijuana by regulating medical marijuana dispensaries, personal use
cultivation, commercial cultivation, and delivery services; it also outlines
the potential impact of various policy options. The following matrix
includes important information for local legislators concerned with
enacting smart marijuana regulation that adequately protects
youth in our communities.
Key Domains for Regulation
Storefront Marijuana Businesses
Restricting and carefully monitoring licenses and licensees: Licensing provisions
that are actively enforced through regular random compliance checks in which violators,
such as those that sell to minors, are subject to meaningful penalties (including license
suspension and revocation) create a culture of compliance among marijuana licensees.
Restricting density of marijuana outlets: Decades of research on alcohol and
tobacco use demonstrate the need for strong controls on the density of businesses, and
research shows the physical availability of medical marijuana dispensaries is similarly
related to the prevalence and frequency of marijuana use (Ammerman et al., 2015).
Density restrictions on the number of businesses that.can locate in a given.area.can.— —
prevent uneven dustering of marijuana outlets in our neighborhoods.
Restricting where marijuana storefronts can be located: Marijuana -related
businesses should not be located near areas youth frequent such as schools, parks, and
playgrounds. Similarly, locating marijuana businesses in mainstream shopping districts
can increase perceptions among youth that marijuana is nomlal and socially acceptable,
which has been shown to have strong associations with underage marijuana use
(Ashbridge et al., 2016).
Personal Use Cultivation
Requiring licensing and inspections for cultivation: Current state laws regulating
personal use cultivation lack basic requirements for security and preventing youth
access. Ideally, property proposed as a site for personal use marijuana cultivation should
be subject to an inspection and approval process, taking into account ways children
may he exposed to the crop and other concerns, such as security from theft, visibility,
water/electricity usage, the potential for nuisance from drifting odors, and the rights of
property owners.
Commercial Cultivation
Restricting where marijuana storefronts can be located: The current State law is
more comprehensive in regulations on commercial cultivation. However, it falls to city
leaders to minimize the impacts of commercial cultivation on youth by restricting grow
operations to non-residential zones and enforcing state regulations intended to prevent
diversion of marijuana products to the black market.
1= (Volkow et al., 2014)
2 = (Meier et al., 2015)
i.Storefront ' !
Marijuana'
.10Bustf_e5sseS►�`
0-- ALLOW -►
FACTORS
50
CONSIDER
• Density
• Visibility
• Business practices
• On -site use
• Types of products
• Potency
• Marketing
• Security requirements
• Drugged driving
DON'T • Comprehensiveness
ALLOW • Enforceability
WHAT THE
DATA
SHOW
• Limiting density limits youth access and
neighborhood Impacts (Freisthler&
Gruenwald, 2014).
• Limiting visibility of outlets and
advertising limits perceptions of social
norms favoring marijuana use (D'Amico,
Miles&Tucker, 2015).
• Edibles present a higher risk of overdose
and unintentional consumption by small
children (McCoun & Mello, 2015).
• Strict security protocols limit theft and
subsequent diversion to the black market
(Subritsky, Pettigrew, & lenton, 2016).
• States that prohibit retail medical
marijuana storefront experience lower
increases in NC potency and prevalence of
use (Pacula et al., 2015) even if they allow
marijuana cultivation for personal use.
BEST
PRACTICES
YOUTH
IMPACTS
• Limit the quantity of storefront marijuana
businesses and prevent outlets from
clustering in specific neighborhoods.
• Restrict location of marijuana outlets to
low visibility areas far from places
youth frequent
• Restrict signage and advertising to
minimize visibility to youth.
• Limit hours of operation.
• Cap THC concentrations or allow only low
THC/high CBD products.
• Require child safe packaging and clear
labeling for edibles.
• Prohibit on -site use.
• Implement security requirements to
prevent robbery and burglary.
• Ensure the ordinance addresses all relevant
marijuana activities, including cultivation
and delivery (see sections below).
• Ensure the ordinance is worded to apply to
recreational marijuana should that
become legal.
• Require conditional use permits contingent
on passing an annual compliance review.
• Impose an annual renewal fee for
conditional use permits to fund
compliance inspections.
• Implement high visibility enforcement like
drugged driving checkpoints.
• Take quick legal action against unlicensed
or non -compliant outlets.
• Fine and hold accountable building owners
for renting to an unlicensed
marijuana outlet
• Use a portion of licensing fees to fund
random inspections and responsible
retailer training.
• Implement and locally publicize a Minor
Decoy Program to evaluate compliance
with age restrictions on marijuana sales.
• Educate law enforcement officers
about the local policy and their role in
enforcement.
• Educate residents about how to report
unlicensed or non -compliant
marijuana outlets.
s,
POLICY
DECISION
Personal Use
Cultivation
ALLOW —►
FACTORS TO
CONSIDER
• Youth exposure
• Visibility
• Resource Use
• Nuisance complaints
• Burglary
DON'T • Comprehensiveness
ALLOW • Enforceability
WHAT THE
DATA SHOW
• State law allows every medical marijuana
patient to grow up to 100 square feet of
plants (and up to 500 square feet if they
are a personal caregiver) (CA Health and
Safety Code 11362.769).
• State regulations don't include any
requirements to keep personal use
cultivation Indoors or secured from kids
or non -patients.
• Marijuana is a water and energy -intensive
crop (Bauer et al., 2015; Mills, 2012).
• A 2016 ballot measure to legalize
recreational marijuana use would rescind
the right of cities and counties to enact full
bans on personal use cultivation (Prop
64 website).
BEST PRACTICES
TO MINIMIZE
YOUTH IMPACTS
• Ensure cultivation sites are not visible
or accessible by youth.
• Require a cultivation permit with an
annual fee to fund enforcement
• Require an inspection of proposed
cultivation sites for safety and youth
exposure prior to issuing permits.
• Enact annual site inspections to evaluate
concerns like drifting odors, water and
electricity use, and security from theft.
• Distinguish between personal use
cultivation and commercial cultivation in
ordinance text.
• Ensure personal use cultivation
ordinances) will apply to recreational
marijuana if that should become legal.
HOW TO
ENFORCE
• Dedicate local enforcement resources to
site inspections for permit approvals and
on -going annual inspections.
• Establish a procedure to address nuisance
complaints and disputes between
neighbors.
• Require written approval from building
owner prior to granting permits for
cultivation in rental units, to minimize
landlord/tenant disputes.
• Educate residents and local law
enforcement about the local policy on
personal use cultivation.
• Establish a procedure for residents to report
un-permitted cultivation sites.
Commercial
Cultivation
ALLOW —0-
• Visibility to Youth
• Environmental Impact
• Resource Use (Water/Energy
Demand)
• Indoor versus Outdoor Cultivation
• Zoning Restrictions
DON'T --► • Enforceability
ALLOW
• Marijuana is a water and energy -intensive
crop (Bauer et al., 2015; Mills, 2012).
• Pesticides used in marijuana cultivation
represent a health risk for youth and
families (Carah et al., 2015).
• Data is limited, but outdoor grows have a
greater potential for burglary/other crimes
(CA Narcotks Officers Association, 2016).
Legislators may need to revisit bans as
state regulations on commerdal
cultivation develop.
• Restrict commercial cultivation to non-
residential areas to reduce youth exposure/
visibility.
• Restrict density.
• Look to state lawmakers. Environmental
standards to be determined at a state level.
• Distinguish between personal use
cultivation and commercial cultivation in
ordinance text.
• Ensure cultivation ordinances will apply to
recreational marijuana should that
become legal.
• Look to the CDFA. The Department of Food
and Agriculture is developing regulations
and licensing requirements for cultivators.
• Seek grant funding. The BMCR will
establish a grant program for local
jurisdictions to assist with regulation and
enforcement (CA Business and Professions
Code 19351).
• Establish a procedure for residents to report
suspected commercial cultivation sites or
any violation of the law.
• Educate local law enforcement and
residents on IocaUstate policy for
commercial cultivation.
Delivery
Services
ALLOW —►
• Restrict to dispensaries licensed
in your jurisdiction.
Or,
• Restrict to registered collectives
delivering to handicapped
customers.
DON'T • Enforceability
ALLOW
• Marijuana delivery services have been
found to circumvent community efforts to
regulate marijuana (Freisthler&
Gruenwald, 2014).
• Bans on marijuana delivery within city
limits may be challenging to enforce.
• Prohibit delivery to schools and colleges
attended by youth under 21.
• Rescind conditional use permits of
storefront marijuana businesses for
deliveries to minors or in quantities that
exceed state limits.
• Implement regulations that prohibit sales
to minors or restrict quantities (may be
nearly impossible to enforce for
delivery services).
• Establish a procedure for residents to report
violations of age restrictions or limits
on quantity.
• Use a Minor Decoy Program to evaluate
delivery services' compliance with age
restrictions or limits on quantity.
• Enact traffic stops for suspected deliveries
within city limits.
• Issue citations for verified deliveries to
addresses within city limits.
4}
Delivery Services
Banning or limiting delivery services: Marijuana delivery services have been found
to circumvent community efforts to regulate marijuana (Freisthler & Gruenwald, 2014)
and present serious concerns for monitoring and enforcement of laws intended to
prevent youth access and diversion to the black market.
Accountability
The current State law is unclear about what
enforcement resources will be made available
to local jurisdictions to monitor and enforce
medical marijuana regulations. As such, it
falls to cities to define how they will monitor.
and enforce compliance on a local level.
High Visibility Enforcement
Highly visible enforcement is a deterrent to future violations of medical marijuana
regulations. Enforcement techniques could include drugged driving checkpoints and
publicizing use of a Minor Decoy Program that evaluates compliance with
age restrictions.
Community Involvement
To date, many local jurisdictions have relied heavily on reports and inquiries from
residents to identify non -compliant or unlicensed marijuana businesses.
Training
Local law enforcement can be trained on local and state regulations regarding medical
marijuana, on how to recognize and police drugged driving, and on how to evaluate
security standards at commercial cultivation sites and medical marijuana storefronts.
Phone Number: (323) 815-7726
Email: LACountyRAM@gmail.com
(send inquires and/or join our mailing list)
LAmmerman, S., Ryan, S., Adelman, W. P., Levy, S., Ammerman, S. D., Gonzalez, P. K., ... &
Alderman, E. M. (2015). The impact of marijuana polities on youth: clinical, research, and legal
update. Pediatrics, 135(3), e769 -e785.
Asbridge, M., Valleriani, J., Kwok, J., & Erickson, P. G. (2016). Normalization and denormalization
in different legal contexts: Comparing cannabis and tobacco. Drugs: Education, Prevention and
Policy, 23(3), 212-223.
Bauer, 5., Olson, J., Cockrill, A., van Hattem, M., Miller, L, Tauzer, M., & leppig, G. (2015). Impacts
of surface water diversions for marijuana cultivation on aquatic habitat in four northwestern
Califomia watersheds. PIoS one, 10(3), e0120016.
CA Narcotics Officers Association, 2016. Personal communication with Sergeant Glen Walsh,
April 2016.
Carah, J. K, Howard, J. K., Thompson, S. E, Gianotti, A. G.S., Bauer, S. 0., Carlson, S. M., ... & Knight,
C. A. (2015). High time for conservation: adding the environment to the debate on marijuana
liberalization. BioScience, 65(8), 822-829.
D'Amim, E. J., Miles, J. N., & Tucker, J. 5. (2015). Gateway to curiosity. Medical marijuana ads and
intention and use during middle school. Psychology of Addictive Behaviors, 29(3), 613.
Freisthler, B., & Gruenewald, P.J. (2014). Examining the relationship between the physical
availability of medical marijuana and marijuana use across fifty California sties. Drug and alcohol
dependence,143, 244250.
Pacula, R. L., Powell, D., Heaton, P., & Sevigny, E L. (2015). Assessing the effects of medical
marijuana laws on marijuana use: the devil is in the details. Journal of Policy Analysis and
Management, 34(1), 7-31.
MacCoun, R. J., & Mello, M. M. (2015). Half -baked —the retail promotion of marijuana edibles.
New England Journal of Medicine, 372(11), 989-991.
Meier, M. H., Caspi, A., Ambler, A., Harrington, H., Houts, R., Keefe, R. S., ... & Moffitt,
T. E. (2012). Persistent cannabis users show neuropsychological decline from childhood to midlife.
Proceedings of the National Academy of Sciences, 109(40), E2657 -E2664.
Mills, E. (2012). The carbon footprint of indoor Cannabis production. Energy Policy,
46, 58-67.
Subritzky, T., Pettigrew, S., & Lenton, S. (2016). Issues in the implementation and evolution of the
commercial recreational cannabis market in Colorado. International Journal of Drug Policy,
27,1-12.
Volkow, N. D., Baler, R. D., Compton, W. M., & Weiss, S. R. (2014). Adverse health effects of
marijuana use. New England Journal of Medicine, 370(23), 2219-2227.
Contact RAM o
Website: LACountyRAM.org
Facebook: www.facebook.com/LACountyRAM/
Twitter: https://twitter.com/LACountyRAM
Made possible through funds from SAP( the messages, views, or opinions made by any of the publications, speakers, or staff do not reflect the ofhdal policy or position of any LA County agency, induding SAPC.
Wednesday, March 23, 2016 10:14:49 AM Pacific Daylight Time
Subject: [GRAYMAIL] RE: RE: RE: FW: Medical Marijuana Res/staff rprt
Date: Wednesday, March 23, 2016 10:11:13 AM Pacific Daylight Time
From: Natalie C. Karpeles <NKarpeles@localgovlaw.com>
To: Yolanta Schwartz <ys@cityofrh.net>
Hi Yolanta,
Off the top of my head, I know that Malibu is considering allowing personal cultivation and West Hollywood
currently allows for personal and limited commercial cultivation. The City of Los Angeles also allows for limited
personal cultivation by three -patient collectives (totaling 18 mature plants).
Rolling Hills is in that many of the residents own large tracts of land - other local Southern California cities are just
not similarly situated. With that said, many Northern/Central California cities - where there is an abundance of
open space (i.e., Berkeley, Bishop, Chico, Concord, Lodi, Merced, Oakland, Redding, and San Francisco) allow for
personal cultivation with various restrictions, such as:
- Limiting cultivation to a certain number of plants
- Limiting cultivation to a certain number of square feet
- Prohibiting outdoor cultivation entirely
- Prohibiting visible outdoor cultivation
- Prohibiting cultivation anywhere other than an enclosed, non -visible, detached outdoor space
- Prohibiting personal cultivation if someone under the age of 18 resides at the residence
- Prohibiting personal cultivation in a rental unit without owner consent/permission
- Setting distancing requirements for outdoor personal cultivation with regard to its proximity to schools, parks
and churches
* Note that Riverside and San Diego also allow for limited personal cultivation as well. I hope that helps! Let me
know if there is anything else that you need.
- Natalie
JENKINS & HOGIN, LLP
1230 Rosecrans Avenue, Suite 110
Manhattan Beach, California 90266
T: (310) 643-8448
F: (310) 643-8441
This is a transmission from the Law Firm of Jenkins & Hogin, LLP. The Information contained in this email is
confidential and may be protected by the attorney -client and/or attorney work product privileges. This
information is intended solely for the use of the individual or entity to whom it is addressed.
Original Message
From: Yolanta Schwartz [mailto:vsPcityofrh.net]
Sent: Tuesday, March 22, 2016 2:28 PM
To: Natalie C. Karpeles
Subject: Re: [GRAYMAIL] RE: RE: FW: Medical Marijuana Res/staff rprt
Oy, one more question
Do you know of any city, preferably local that adopted an ordinance that allows cultivation; This is what I have;
but none allow cultivation...
PVE - adopted a total ban (cultivation, dispensaries and delivery) prior to the March 1, 2016 dead line RHE -
adopted a total ban on cultivation and dispensaries; and allows limited (similar to ours) delivery Torrance -
Page 1 of 6
Tuesday, March 22, 2016 1:08:20 PM Pacific Daylight Time
Subject: [GRAYMAIL] RE: FW: Medical Marijuana Res/staff rprt
Date: Tuesday, March 22, 2016 1:01:35 PM Pacific Daylight Time
From: Natalie C. Karpeles <NKarpeles@localgovlaw.com>
To: Yolanta Schwartz <ys@cityofrh.net>
As of March 7, 2016, eleven marijuana initiatives have been approved for circulation: eight of which would
legalize marijuana under state law; five would place the power to regulate and license the marijuana industry into
the state's hands; and nine of which would limit local governments' ability to regulate marijuana (i.e., regulations
limiting the licensing and number of marijuana businesses, imposing local zoning requirements for marijuana land
uses, and addressing the cultivation, transportation, possession, or consumption of marijuana, among other
things).
Although many marijuana legislation initiatives were proposed and circulated, the California Control, Regulate and
Tax Adult Use of Marijuana Initiative (aka "The Adult Use of Marijuana Initiative/Act") is a clear leader and the
most likely to reach the ballot in November 2016. The initiative's proponents received financial backing in the
amount of $2.25 million dollars, including $1 million from Napster founder and former Facebook president Sean
Parker, and $500,000 from the Drug Policy Action.
A. California Control, Regulate and Tax Use of Marijuana Initiative.
This is an initiated state statute that would legalize marijuana and hemp under state law. The initiative was also
designed to establish state agencies to oversee the licensing and regulation of the marijuana industry. Moreover,
it would enact a sales and cultivation tax, with exceptions for qualifying medical marijuana sales and
cultivation. The initiative was also designed to prevent licenses for corporate or large-scale marijuana businesses
for five years in order to deter the "unreasonable restraints on competition by creation or maintenance of
unlawful monopoly power." The initiative would also establish packing, labeling, advertising, and marketing
standards and restrictions for marijuana products; including prohibitions on marketing and advertising marijuana
to minors. Importantly, this initiative would authorize resentencing and destruction of criminal records for prior
marijuana convictions. Other provisions relate to the rights of employers to screen for marijuana use, driving
under the influence of marijuana, and marijuana business locations.
Supporters of this initiative include the Marijuana Policy Project of California; the California State NAACP; Drug
Policy Action; New Approach PAC; Californians for Sensible Reform; National Organization for the Reform of
Marijuana Laws (NORML); Sean Parker; California Lieutenant Governor Gavin Newsom; and the California Medical
Association.
The University of California, San Francisco, conducted an analysis of the effects of legalization according to this
initiative. The study concluded that there were social and economic benefits to legalization, but that the negative
effects on public health outweighed the benefits.
On February 4, 2016, petitioners reached the 25 percent mark in their signature gathering efforts, collecting more
than 91,470 signatures. Supporters have until July 5, 2016 to collect the remaining 274,410 signatures required
for qualification.
Original Message
From: Yolanta Schwartz [mailto:vsPcityofrh.net]
Sent: Tuesday, March 22, 2016 1:00 PM
To: Natalie C. Karpeles
Subject: Re: [GRAYMAIL] FW: Medical Marijuana Res/staff rprt
Thank you.
Also, I heard from other planners that there is some sort of a Measure going to be placed on the Ballot in
Page 1 of 3
November regarding this topic. Could you enlighten me.
Thanks
Yolanta Schwartz
Planning Director
City of Rolling Hills
2 Portuguese Bend Road, Rolling Hills, CA 90274
310 377-1521 F: 310-377-7288
This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City
business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this
message is not an intended recipient, or the employee or agent responsible for delivering the message to the
intended recipient and you have received this message in error, please advise the sender by reply email and
delete the message.
WARNING: Computer viruses can be transmitted by e-mail. The recipient should check this e-mail and any
attachments for the presence of viruses.
The CITY OF ROLLING HILLS accepts no liability for any damage caused by any virus transmitted by this e-mail.
On 3/22/16 12:41 PM, "Natalie C. Karpeles" <NKaroeles(localgovlaw.com>
wrote:
Here are the three bills with the proposed language changes for the
Health and Safety Code; if you need anything else, let me know.
Original Message
From: Natalie C. Karpeles
Sent: Tuesday, January 05, 2016 11:11 AM
To: 'Yolanta Schwartz'
Subject: RE: Medical Marijuana Res/staff rprt
How about this? If it is still unclear, let me know.
Commercial medical marijuana activities, as well as cultivation for
personal medical use as allowed by the Compassionate Use Act and the
Medical Marijuana Program, can adversely affect the health, safety, and
well-being of City residents. Further, as recognized by the Attorney
General's August 2008 Guidelines for the Security and Non -Diversion of
Marijuana Grown for Medical Use, marijuana cultivation or other
concentration of marijuana in any location or premises without adequate
security increases the risk that surrounding homes or businesses may be
negatively impacted by nuisance activity such as loitering or crime.
While the Compassionate Use Act and Medical Marijuana Program provide
limited immunity from specified State marijuana laws, this immunity
does not grant any land use rights or create the right to maintain a
public nuisance.
Original Message
From: Yolanta Schwartz [mailto:ysPcityofrh.net]
Sent: Monday, January 04, 2016 9:05 AM
To: Natalie C. Karpeles
Subject: FW: Medical Marijuana Res/staff rprt
Page 2 of 3
Tuesday, March 22, 2016 12:56:10 PM Pacific Daylight Time
Subject: Marijuana Ordinance
Date: Thursday, March 17, 2016 3:48:30 PM Pacific Daylight Time
From: Yolanta Schwartz <ys@cityofrh.net>
To: Ray Cruz <rcruz@cityofrh.net>
Ray, I spoke to Planners from some of the local cities regarding their Marijuana ordinance.
PVE — adopted a total ban (cultivation, dispensaries and delivery) prior to the March 1, 2016 dead line that cities
were threaten with. (No longer an emergency as Governor Brown eliminated the March 1 deadline for cities to
adopt an ordinance, if they want to have any control over marijuana activities).
RHE — adopted a total ban on cultivation and dispensaries; and allows limited (similar to ours) delivery
Torrance - adopted a total ban on cultivation and dispensaries; and allows limited (similar to ours) delivery
RPV — City Council put the item on hold until after November.
Hermosa Beach - adopted a total ban (cultivation, dispensaries and delivery) prior to the March 1, 2016 dead line.
None of the cities above have any immediate plans to change their ordinance. Apparently there is a Marijuana
Measure being placed on the ballot in November, which would address state wide regulations, so some cities are
waiting to see what happens then.
Yolanta Schwartz
Planning Director
City of Rolling Hills
2 Portuguese Bend Road, Rolling Hills, CA 90274
310 377-1521 F: 310-377-7288
This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended
solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the
employee or agent responsible for delivering the message to the intended recipient and you have received this message in error,
please advise the sender by reply email and delete the message.
WARNING: Computer viruses can be transmitted by e-mail. The recipient should check this e-mail and any attachments for the
presence of viruses. The CITY OF ROLLING HILLS accepts no liability for any damage caused by any virus transmitted by this e-
mail.
Page 1 of 1
'!...0 W STATE OF CALI FOR/41A
L[V TNF AUTHENTICATED
BUURFwUL ELECTRONICLEGAL MATERIAL
Senate Bill No. 643
CHAPTER 719
An act to amend Sections 144, 2220.05, 2241.5, and 2242.1 of, to add
Sections 19302.1, 19319, 19320, 19322, 19323, 19324, and 19325 to, to
add Article 25 (commencing with Section 2525) to Chapter 5 of Division
2 of, and to add Article 6 (commencing with Section 19331), Article 7.5
(commencing with Section 19335), Article 8 (commencing with Section
19337), and Article 11 (commencing with Section 19348) to Chapter 3.5
of Division 8 of, the Business and Professions Code, relating to medical
marijuana.
[Approved by Governor October 9, 2015. Filed with
Secretary of State October 9, 2015.]
LEGISLATIVE COUNSEL'S DIGEST
SB 643, McGuire. Medical marijuana.
(1) Existing law, the Compassionate Use Act of 1996, an initiative
measure enacted by the approval of Proposition 215 at the November 6,
1996, statewide general election, authorizes the use of marijuana for medical
purposes. Existing law enacted by the Legislature requires the establishment
of a program for the issuance of identification cards to qualified patients so
that they may lawfully use marijuana for medical purposes, and requires
the establishment of guidelines for the lawful cultivation of marijuana grown
for medical use. Existing law provides for the licensure of various
professions by the Department of Consumer Affairs. Existing law, the
Sherman Food, Drug, and Cosmetic Law, provides for the regulation of
food, drugs, devices, and cosmetics, as specified. A violation of that law is
a crime.
This bill would, among other things, set forth standards for a physician
and surgeon prescribing medical cannabis and require the Medical Board
of California to prioritize its investigative and prosecutorial resources to
identify and discipline physicians and surgeons that have repeatedly
recommended excessive cannabis to patients for medical purposes or
repeatedly recommended cannabis to patients for medical purposes without
a good faith examination, as specified. The bill would require the Bureau
of Medical Marijuana to require an applicant to furnish a full set of
fingerprints for the purposes of conducting criminal history record checks.
The bill would prohibit a physician and surgeon who recommends cannabis
to a patient for a medical purpose from accepting, soliciting, or offering any
form of remuneration from a facility licensed under the Medical Marijuana
Regulation and Safety Act. The bill would make a violation of this
prohibition a misdemeanor, and by creating a new crime, this bill would
impose a state -mandated local program.
89
Ch. 719 — 2 —
This bill would require the Governor, under the Medical Marijuana
Regulation and Safety Act, to appoint, subject to confirmation by the Senate,
a chief of the Bureau of Medical Marijuana Regulation. The act would
require the Department of Consumer Affairs to have the sole authority to
create, issue, renew, discipline, suspend, or revoke licenses for the
transportation and storage, unrelated to manufacturing, of medical marijuana,
and would authorize the department to collect fees for its regulatory activities
and impose specified duties on this department in this regard. The act would
require the Department of Food and Agriculture to administer the provisions
of the act related to, and associated with, the cultivation, and transportation
of, medical cannabis and would impose specified duties on this department
in this regard. The act would require the State Department of Public Health
to administer the provisions of the act related to, and associated with, the
manufacturing and testing of medical cannabis and would impose specified
duties on this department in this regard.
This bill would authorize counties to impose a tax upon specified
cannabis -related activity.
This bill would require an applicant for a state license pursuant to the act
to provide a statement signed by the applicant under penalty of perjury,
thereby changing the scope of a crime and imposing a state -mandated local
program.
This bill would set forth standards for the licensed cultivation of medical
cannabis, including, but not limited to, establishing duties relating to the
environmental impact of cannabis and cannabis products. The bill would
also establish state cultivator license types, as specified.
(2) This bill would provide that its provisions are severable.
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the
Commission on State Mandates determines that the bill contains costs so
mandated by the state, reimbursement for those costs shall be made pursuant
to the statutory provisions noted above.
(4) Existing constitutional provisions require that a statute that limits the
right of access to the meeting of public bodies or the writings of public
bodies or the writings of public officials and agencies be adopted with
finding demonstrating the interest protected by the limitation and the need
for protecting that interest. The bill would make legislative findings to that
effect.
(5) The bill would become operative only if AB 266 and AB 243 of the
2015-16 Regular Session are enacted and take effect on or before January
1, 2016.
89
— 3 — Ch. 719
The people of the State of California do enact as follows:
SECTION 1. Section 144 of the Business and Professions Code is
amended to read:
144. (a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) shall require an applicant to furnish to the
agency a full set of fingerprints for purposes of conducting criminal history
record checks. Any agency designated in subdivision (b) may obtain and
receive, at its discretion, criminal history information from the Department
of Justice and the United States Federal Bureau of Investigation.
(b) Subdivision (a) applies to the following:
(1) California Board of Accountancy.
(2) State Athletic Commission.
(3) Board of Behavioral Sciences.
(4) Court Reporters Board of California.
(5) State Board of Guide Dogs for the Blind.
(6) California State Board of Pharmacy.
(7) Board of Registered Nursing.
(8) Veterinary Medical Board. •
(9) Board of Vocational Nursing and Psychiatric Technicians.
(10) Respiratory Care Board of California.
(11) Physical Therapy Board of California.
(12) Physician Assistant Committee of the Medical Board of California.
(13) Speech -Language Pathology and Audiology and Hearing Aid
Dispenser Board.
(14) Medical Board of California.
(15) State Board of Optometry.
(16) Acupuncture Board.
(17) Cemetery and Funeral Bureau.
(18) Bureau of Security and Investigative Services.
(19) Division of Investigation.
(20) Board of Psychology.
(21) California Board of Occupational Therapy.
(22) Structural Pest Control Board.
(23) Contractors' State License Board.
(24) Naturopathic Medicine Committee.
(25) Professional Fiduciaries Bureau.
(26) Board for Professional Engineers, Land Surveyors, and Geologists.
(27) Bureau of Medical Marijuana Regulation.
(c) For purposes of paragraph (26) of subdivision (b), the term "applicant"
shall be limited to an initial applicant who has never been registered or
licensed by the board or to an applicant for a new licensure or registration
category.
SEC. 2. Section 2220.05 of the Business and Professions Code is
amended to read:
2220.05. (a) In order to ensure that its resources are maximized for the
protection of the public, the Medical Board of California shall prioritize its
89
Ch. 719 — 4 —
investigative and prosecutorial resources to ensure that physicians and
surgeons representing the greatest threat of harm are identified and
disciplined expeditiously. Cases involving any of the following allegations
shall be handled on a priority basis, as follows, with the highest priority
being given to cases in the first paragraph:
(1) Gross negligence, incompetence, or repeated negligent acts that
involve death or serious bodily injury to one or more patients, such that the
physician and surgeon represents a danger to the public.
(2) Drug or alcohol abuse by a physician and surgeon involving death
or serious bodily injury to a patient.
(3) Repeated acts of clearly excessive prescribing, furnishing, or
administering of controlled substances, or repeated acts of prescribing,
dispensing, or furnishing of controlled substances without a good faith prior
examination of the patient and medical reason therefor. However, in no
event shall a physician and surgeon prescribing, furnishing, or administering
controlled substances for intractable pain consistent with lawful prescribing,
including, but not limited to, Sections 725, 2241.5, and 2241.6 of this code
and Sections 11159.2 and 124961 of the Health and Safety Code, be
prosecuted for excessive prescribing and prompt review of the applicability
of these provisions shall be made in any complaint that may implicate these
provisions.
(4) Repeated acts of clearly excessive recommending of cannabis to
patients for medical purposes, or repeated acts of recommending cannabis
to patients for medical purposes without a good faith prior examination of
the patient and a medical reason for the recommendation.
(5) Sexual misconduct with one or more patients during a course of
treatment or an examination.
(6) Practicing medicine while under the influence of drugs or alcohol.
(b) The board may by regulation prioritize cases involving an allegation
of conduct that is not described in subdivision (a). Those cases prioritized
by regulation shall not be assigned a priority equal to or higher than the
priorities established in subdivision (a).
(c) The Medical Board of California shall indicate in its annual report
mandated by Section 2312 the number of temporary restraining orders,
interim suspension orders, and disciplinary actions that are taken in each
priority category specified in subdivisions (a) and (b).
SEC. 3. Section 2241.5 of the Business and Professions Code is amended
to read:
2241.5. (a) A physician and surgeon may prescribe for, or dispense or
administer to, a person under his or her treatment for a medical condition
dangerous drugs or prescription controlled substances for the treatment of
pain or a condition causing pain, including, but not limited to, intractable
pain.
(b) No physician and surgeon shall be subject to disciplinary action for
prescribing, dispensing, or administering dangerous drugs or prescription
controlled substances in accordance with this section.
•
C
89
— 5 — Ch. 719
(c) This section shall not affect the power of the board to take any action
described in Section 2227 against a physician and surgeon who does any
of the following:
(1) Violates subdivision (b), (c), or (d) of Section 2234 regarding gross
negligence, repeated negligent acts, or incompetence.
(2) Violates Section 2241 regarding treatment of an addict.
(3) Violates Section 2242 or 2525.3 regarding performing an appropriate
prior examination and the existence of a medical indication for prescribing,
dispensing, or furnishing dangerous drugs or recommending medical
cannabis.
(4) Violates Section 2242.1 regarding prescribing on the Internet.
(5) Fails to keep complete and accurate records of purchases and disposals
of substances listed in the California Uniform Controlled Substances Act
(Division 10 (commencing with Section 11000) of the Health and Safety
Code) or controlled substances scheduled in the federal Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Sec. 801 et
seq.), or pursuant to the federal Comprehensive Drug Abuse Prevention and
Control Act of 1970. A physician and surgeon shall keep records of his or
her purchases and disposals of these controlled substances or dangerous
drugs, including the date of purchase, the date and records of the sale or
disposal of the drugs by the physician and surgeon, the name and address
of the person receiving the drugs, and the reason for the disposal or the
dispensing of the drugs to the person, and shall otherwise comply with all
state recordkeeping requirements for controlled substances.
(6) Writes false or fictitious prescriptions for controlled substances listed
in the California Uniform Controlled Substances Act or scheduled in the
federal Comprehensive Drug Abuse Prevention and Control Act of 1970.
(7) Prescribes, administers, or dispenses in violation of this chapter, or
in violation of Chapter 4 (commencing with Section 11150) or Chapter 5
(commencing with Section 11210) of Division 10 of the Health and Safety
Code.
(d) A physician and surgeon shall exercise reasonable care in determining
whether a particular patient or condition, or the complexity of a patient's
treatment, including, but not limited to, a current or recent pattern of drug
abuse, requires consultation with, or referral to, a more qualified specialist.
(e) Nothing in this section shall prohibit the governing body of a hospital
from taking disciplinary actions against a physician and surgeon pursuant
to Sections 809.05, 809.4, and 809.5.
SEC. 4. Section 2242.1 of the Business and Professions Code is amended
to read:
2242.1. (a) No person or entity may prescribe, dispense, or furnish, or
cause to be prescribed, dispensed, or furnished, dangerous drugs or dangerous
devices, as defined in Section 4022, on the Internet for delivery to any person
in this state, without an appropriate prior examination and medical indication,
except as authorized by Section 2242.
(b) Notwithstanding any other provision of law, a violation of this section
may subject the person or entity that has committed the violation to either
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Ch. 719 — 6 —
a fine of up to twenty-five thousand dollars ($25,000) per occurrence
pursuant to a citation issued by the board or a civil penalty of twenty-five
thousand dollars ($25,000) per occurrence.
(c) The Attorney General may bring an action to enforce this section and
to collect the fines or civil penalties authorized by subdivision (b).
(d) For notifications made on and after January 1, 2002, the Franchise
Tax Board, upon notification by the Attorney General or the board of a final
judgment in an action brought under this section, shall subtract the amount
of the fine or awarded civil penalties from any tax refunds or lottery winnings
due to the person who is a defendant in the action using the offset authority
under Section 12419.5 of the Government Code, as delegated by the
Controller, and the processes as established by the Franchise Tax Board for
this purpose. That amount shall be forwarded to the board for deposit in the
Contingent Fund of the Medical Board of California.
(e) If the person or entity that is the subject of an action brought pursuant
to this section is not a resident of this state, a violation of this section shall,
if applicable, be reported to the person's or entity's appropriate professional
licensing authority.
(f) Nothing in this section shall prohibit the board from commencing a
disciplinary action against a physician and surgeon pursuant to Section 2242
or 2525.3.
SEC. 5. Article 25 (commencing with Section 2525) is added to Chapter
5 of Division 2 of the Business and Professions Code, to read:
Article 25. Recommending Medical Cannabis
2525. (a) It is unlawful for a physician and surgeon who recommends
cannabis to a patient for a medical purpose to accept, solicit, or offer any
form of remuneration from or to a facility issued a state license pursuant to
Chapter 3.5 (commencing with Section 19300) of Division 8, if the physician
and surgeon or his or her immediate family have a financial interest in that
facility.
(b) For the purposes of this section, "financial interest" shall have the
same meaning as in Section 650.01.
(c) A violation of this section shall be a misdemeanor punishable by up
to one year in county jail and a fine of up to five thousand dollars ($5,000)
or by civil penalties of up to five thousand dollars ($5,000) and shall
constitute unprofessional conduct.
2525.1. The Medical Board of California shall consult with the California
Marijuana Research Program, known as the Center for Medicinal Cannabis
Research, authorized pursuant to Section 11362.9 of the Health and Safety
Code, on developing and adopting medical guidelines for the appropriate
administration and use of medical cannabis.
2525.2. An individual who possesses a license in good standing to
practice medicine or osteopathy issued by the Medical Board of California
or the Osteopathic Medical Board of California shall not recommend medical
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cannabis to a patient, unless that person is the patient's attending physician,
as defined by subdivision (a) of Section 11362.7 of the Health and Safety
Code.
2525.3. Recommending medical cannabis to a patient for a medical
purpose without an appropriate prior examination and a medical indication
constitutes unprofessional conduct.
2525.4. It is unprofessional conduct for any attending physician
recommending medical cannabis to be employed by, or enter into any other
agreement with, any person or entity dispensing medical cannabis.
2525.5. (a) A person shall not distribute any form of advertising for
physician recommendations for medical cannabis in California unless the
advertisement bears the following notice to consumers:
NOTICE TO CONSUMERS: The Compassionate Use Act of 1996 ensures
that seriously ill Californians have the right to obtain and use cannabis for
medical purposes where medical use is deemed appropriate and has been
recommended by a physician who has determined that the person's health
would benefit from the use of medical cannabis. Recommendations must
come from an attending physician as defined in Section 11362.7 of the
Health and Safety Code. Cannabis is a Schedule 1 drug according to the
federal Controlled SubstancesAct.Activity related to cannabis use is subject
to federal prosecution, regardless of the protections provided by state law.
(b) Advertising for attending physician recommendations for medical
cannabis shall meet all of the requirements in Section 651. Price advertising
shall not be fraudulent, deceitful, or misleading, including statements or
advertisements of bait, discounts, premiums, gifts, or statements of a similar
nature.
SEC. 6. Section 19302.1 is added to the Business and Professions Code,
to read:
19302.1. (a) The Governor shall appoint a chief of the bureau, subject
to confirmation by the Senate, at a salary to be fixed and determined by the
director with the approval of the Director of Finance. The chief shall serve
under the direction and supervision of the director and at the pleasure of the
Governor.
(b) Every power granted to or duty imposed upon the director under this
chapter may be exercised or performed in the name of the director by a
deputy or assistant director or by the chief, subject to conditions and
limitations that the director may prescribe. In addition to every power granted
or duty imposed with this chapter, the director shall have all other powers
and duties generally applicable in relation to bureaus that are part of the
Department of Consumer Affairs.
(c) The director may employ and appoint all employees necessary to
properly administer the work of the bureau, in accordance with civil service
laws and regulations.
(d) The Department of Consumer Affairs shall have the sole authority
to create, issue, renew, discipline, suspend, or revoke licenses for the
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Ch. 719 — 8 —
transportation, storage unrelated to manufacturing activities, distribution,
and sale of medical marijuana within the state and to collect fees in
connection with activities the bureau regulates. The bureau may create
licenses in addition to those identified in this chapter that the bureau deems
necessary to effectuate its duties under this chapter.
(e) The Department of Food and Agriculture shall administer the
provisions of this chapter related to and associated with the cultivation of
medical cannabis. The Department of Food and Agriculture shall have the
authority to create, issue, and suspend or revoke cultivation licenses for
violations of this chapter. The State Department of Public Health shall
administer the provisions of this chapter related to and associated with the
manufacturing and testing of medical cannabis.
SEC. 7. Section 19319 is added to the Business and Professions Code,
to read:
19319. (a) A qualified patient, as defined in Section 11362.7 of the
Health and Safety Code, who cultivates, possesses, stores, manufactures,
or transports cannabis exclusively for his or her personal medical use but
who does not provide, donate, sell, or distribute cannabis to any other person
is not thereby engaged in commercial cannabis activity and is therefore
exempt from the licensure requirements of this chapter.
(b) A primary caregiver who cultivates, possesses, stores, manufactures,
transports, donates, or provides cannabis exclusively for the personal medical
purposes of no more than five specified qualified patients for whom he or
she is the primary caregiver within the meaning of Section 11362.7 of the
Health and Safety Code, but who does not receive remuneration for these
activities except for compensation in full compliance with subdivision (c)
of Section 11362.765 of the Health and Safety Code, is exempt from the
licensure requirements of this chapter.
SEC. 8. Section 19320 is added to the Business and Professions Code,
to read:
19320. (a) Licensing authorities administering this chapter may issue
state licenses only to qualified applicants engaging in commercial cannabis
activity pursuant to this chapter. Upon the date of implementation of
regulations by the licensing authority, no person shall engage in commercial
cannabis activity without possessing both a state license and a local permit,
license, or other authorization .A licensee shall not commence activity under
the authority of a state license until the applicant has obtained, in addition
to the state license, a license or permit from the local jurisdiction in which
he or she proposes to operate, following the requirements of the applicable
local ordinance.
(b) Revocation of a local license, permit, or other authorization shall
terminate the ability of a medical cannabis business to operate within that
local jurisdiction until the local jurisdiction reinstates or reissues the local
license, permit, or other required authorization. Local authorities shall notify
the bureau upon revocation of a local license. The bureau shall inform
relevant licensing authorities.
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(c) Revocation of a state license shall terminate the ability of a medical
cannabis licensee to operate within California until the licensing authority
reinstates or reissues the state license. Each licensee shall obtain a separate
license for each location where it engages in commercial medical cannabis
activity. However, transporters only need to obtain licenses for each physical
location where the licensee conducts business while not in transport, or any
equipment that is not currently transporting medical cannabis or medical
cannabis products, permanently resides.
(d) In addition to the provisions of this chapter, local jurisdictions retain
the power to assess fees and taxes, as applicable, on facilities that are licensed
pursuant to this chapter and the business activities of those licensees.
(e) Nothing in this chapter shall be construed to supersede or limit state
agencies, including the State Water Resources Control Board and Department
of Fish and Wildlife, from establishing fees to support their medical cannabis
regulatory programs.
SEC. 9. Section 19322 is added to the Business and Professions Code,
to read:
19322. (a) A person or entity shall not submit an application for a state
license issued by the department pursuant to this chapter unless that person
or entity has received a license, permit, or authorization by a local
jurisdiction. An applicant for any type of state license issued pursuant to
this chapter shall do all of the following:
(1) Electronically submit to the Department of Justice fingerprint images
and related information required by the Department of Justice for the purpose
of obtaining information as to the existence and content of a record of state
or federal convictions and arrests, and information as to the existence and
content of a record of state or federal convictions and arrests for which the
Department of Justice establishes that the person is free on bail or on his or
her own recognizance, pending trial or appeal.
(A) The Department of Justice shall provide a response to the licensing
authority pursuant to paragraph (1) of subdivision (p) of Section 11105 of
the Penal Code.
(B) The licensing authority shall request from the Department of Justice
subsequent notification service, as provided pursuant to Section 11105.2 of
the Penal Code, for applicants.
(C) The Department of Justice shall charge the applicant a fee sufficient
to cover the reasonable cost of processing the requests described in this
paragraph.
(2) Provide documentation issued by the local jurisdiction in which the
proposed business is operating certifying that the applicant is or will be in
compliance with all local ordinances and regulations.
(3) Provide evidence of the legal right to occupy and use the proposed
location. For an applicant seeking a cultivator, distributor, manufacturing,
or dispensary license, provide a statement from the owner of real property
or their agent where the cultivation, distribution, manufacturing, or
dispensing commercial medical cannabis activities will occur, as proof to
demonstrate the landowner has acknowledged and consented to permit
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Ch. 719 — 10 —
cultivation, distribution, manufacturing, or dispensary activities to be
conducted on the property by the tenant applicant.
(4) If the application is for a cultivator or a dispensary, provide evidence
that the proposed location is located beyond at least a 600 -foot radius from
a school, as required by Section 11362.768 of the Health and Safety Code.
(5) Provide a statement, signed by the applicant under penalty of perjury,
that the information provided is complete, true, and accurate.
(6) (A) For an applicant with 20 or more employees, provide a statement
that the applicant will enter into, or demonstrate that it has already entered
into, and abide by the terms of a labor peace agreement.
(B) For the purposes of this paragraph, "employee" does not include a
supervisor.
(C) For purposes of this paragraph, "supervisor" means an individual
having authority, in the interest of the licensee, to hire, transfer, suspend,
lay off, recall, promote, discharge, assign, reward, or discipline other
employees, or responsibility to direct them or to adjust their grievances, or
effectively to recommend such action, if, in connection with the foregoing,
the exercise of that authority is not of a merely routine or clerical nature,
but requires the use of independent judgment.
(7) Provide the applicant's seller's permit number issued pursuant to Part
1 (commencing with Section 6001) of Division 2 of the Revenue and
Taxation Code or indicate that the applicant is currently applying for a
seller's permit.
(8) Provide any other information required by the licensing authority.
(9) For an applicant seeking a cultivation license, provide a statement
declaring the applicant is an "agricultural employer," as defined in the
Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of
1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor
Code), to the extent not prohibited by law.
(10) For an applicant seeking licensure as a testing laboratory, register
with the State Department of Public Health and provide any information
required by the State Department of Public Health.
(11) Pay all applicable fees required for licensure by the licensing
authority.
(b) For applicants seeking licensure to cultivate, distribute, or manufacture
medical cannabis, the application shall also include a detailed description
of the applicant's operating procedures for all of the following, as required
by the licensing authority:
(1) Cultivation.
(2) Extraction and infusion methods.
(3) The transportation process.
(4) Inventory procedures.
(5) Quality control procedures.
SEC. 10. Section 19323 is added to the Business and Professions Code,
to read:
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19323. (a) The licensing authority shall deny an application if either
the applicant or the premises for which a state license is applied do not
qualify for licensure under this chapter.
(b) The licensing authority may deny the application for licensure or
renewal of a state license if any of the following conditions apply:
(1) Failure to comply with the provisions of this chapter or any rule or
regulation adopted pursuant to this chapter, including but not limited to,
any requirement imposed to protect natural resources, instream flow, and
water quality pursuant to subdivision (a) of Section 19332.
(2) Conduct that constitutes grounds for denial of licensure pursuant to
Chapter 2 (commencing with Section 480) of Division 1.5.
(3) A local agency has notified the licensing authority that a licensee or
applicant within its jurisdiction is in violation of state rules and regulation
relating to commercial cannabis activities, and the licensing authority,
through an investigation, has determined that the violation is grounds for
termination or revocation of the license. The licensing authority shall have
the authority to collect reasonable costs, as determined by the licensing
authority, for investigation from the licensee or applicant.
(4) The applicant has failed to provide information required by the
licensing authority.
(5) The applicant or licensee has been convicted of an offense that is
substantially related to the qualifications, functions, or duties of the business
or profession for which the application is made, except that if the licensing
authority determines that the applicant or licensee is otherwise suitable to
be issued a license and granting the license would not compromise public
safety, the licensing authority shall conduct a thorough review of the nature
of the crime, conviction, circumstances, and evidence of rehabilitation of
the applicant, and shall evaluate the suitability of the applicant or licensee
to be issued a license based on the evidence found through the review. In
determining which offenses are substantially related to the qualifications,
functions, or duties of the business or profession for which the application
is made, the licensing authority shall include, but not be limited to, the
following:
(A) A felony conviction for the illegal possession for sale, sale,
manufacture, transportation, or cultivation of a controlled substance.
(B) A violent felony conviction, as specified in subdivision (c) of Section
667.5 of the Penal Code.
(C) A serious felony conviction, as specified in subdivision (c) of Section
1192.7 of the Penal Code.
(D) A felony conviction involving fraud, deceit, or embezzlement.
(6) The applicant, or any of its officers, directors, or owners, is a licensed
physician making patient recommendations for medical cannabis pursuant
to Section 11362.7 of the Health and Safety Code.
(7) The applicant or any of its officers, directors, or owners has been
subject to fines or penalties for cultivation or production of a controlled
substance on public or private lands pursuant to Section 12025 or 12025.1
of the Fish and Game Code.
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Ch. 719 — 12 —
(8) The applicant, or any of its officers, directors, or owners, has been
sanctioned by a licensing authority or a city, county, or city and county for
unlicensed commercial medical cannabis activities or has had a license
revoked under this chapter in the three years immediately preceding the
date the application is filed with the licensing authority.
(9) Failure to obtain and maintain a valid seller's permit required pursuant
to Part 1 (commencing with Section 6001) of Division 2 of the Revenue
and Taxation Code.
SEC. 11. Section 19324 is added to the Business and Professions Code,
to read:
19324. Upon the denial of any application for a license, the licensing
authority shall notify the applicant in writing. Within 30 days of service of
the notice, the applicant may file a written petition for a license with the
licensing authority. Upon receipt of a timely filed petition, the licensing
authority shall set the petition for hearing. The hearing shall be conducted
in accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the director of each
licensing authority shall have all the powers granted therein.
SEC. 12. Section 19325 is added to the Business and Professions Code,
to read:
19325. An applicant shall not be denied a state license if the denial is
based solely on any of the following:
(a) A conviction or act that is substantially related to the qualifications,
functions, or duties of the business or profession for which the application
is made for which the applicant or licensee has obtained a certificate of
rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01)
of Title 6 of Part 3 of the Penal Code.
(b) A conviction that was subsequently dismissed pursuant to Section
1203.4, 1203.4a, or 1203.41 of the Penal Code.
SEC. 13. Article 6 (commencing with Section 19331) is added to Chapter
3.5 of Division 8 of the Business and Professions Code, to read:
Article 6. Licensed Cultivation Sites
19331. The Legislature finds and declares all of the following:
(a) The United States Environmental Protection Agency has not
established appropriate pesticide tolerances for, or permitted the registration
and lawful use of, pesticides on cannabis crops intended for human
consumption pursuant to the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136 et seq.).
(b) The use of pesticides is not adequately regulated due to the omissions
in federal law, and cannabis cultivated in California for California patients
can and often does contain pesticide residues.
(c) Lawful California medical cannabis growers and caregivers urge the
Department of Pesticide Regulation to provide guidance, in absence of
federal guidance, on whether the pesticides currently used at most cannabis
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cultivation sites are actually safe for use on cannabis intended for human
consumption.
19332. (a) The Department of Food and Agriculture shall promulgate
regulations governing the licensing of indoor and outdoor cultivation sites.
(b) The Department of Pesticide Regulation, in consultation with the
Department of Food and Agriculture, shall develop standards for the use of
pesticides in cultivation, and maximum tolerances for pesticides and other
foreign object residue in harvested cannabis.
(c) The State Department of Public Health shall develop standards for
the production and labeling of all edible medical cannabis products.
(d) The Department of Food and Agriculture, in consultation with the
Department of Fish and Wildlife and the State Water Resources Control
Board, shall ensure that individual and cumulative effects of water diversion
and discharge associated with cultivation do not affect the instream flows
needed for fish spawning, migration, and rearing, and the flows needed to
maintain natural flow variability.
(e) The Department of Food and Agriculture shall have the authority
necessary for the implementation of the regulations it adopts pursuant to
this chapter. The regulations shall do all of the following:
(1) Provide that weighing or measuring devices used in connection with
the sale or distribution of medical cannabis are required to meet standards
equivalent to Division 5 (commencing with Section 12001).
(2) Require that cannabis cultivation by licensees is conducted in
accordance with state and local laws related to land conversion, grading,
electricity usage, water usage, agricultural discharges, and similar matters.
Nothing in this chapter, and no regulation adopted by the department, shall
be construed to supersede or limit the authority of the State Water Resources
Control Board, regional water quality control boards, or the Department of
Fish and Wildlife to implement and enforce their statutory obligations or
to adopt regulations to protect water quality, water supply, and natural
resources.
(3) Establish procedures for the issuance and revocation of unique
identifiers for activities associated with a cannabis cultivation license,
pursuant to Article 8 (commencing with Section 19337). All cannabis shall
be labeled with the unique identifier issued by the Department of Food and
Agriculture.
(4) Prescribe standards, in consultation with the bureau, for the reporting
of information as necessary related to unique identifiers, pursuant to Article
8 (commencing with Section 19337).
(f) The Department of Pesticide Regulation, in consultation with the
State Water Resources Control Board, shall promulgate regulations that
require that the application of pesticides or other pest control in connection
with the indoor or outdoor cultivation of medical cannabis meets standards
equivalent to Division 6 (commencing with Section 11401) of the Food and
Agricultural Code and its implementing regulations.
(g) State cultivator license types issued by the Department of Food and
Agriculture include:
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Ch. 719 — 14 —
(1) Type 1, or "specialty outdoor," for outdoor cultivation using no
artificial lighting of less than or equal to 5,000 square feet of total canopy
size on one premises, or up to 50 mature plants on noncontiguous plots.
(2) Type 1A, or "specialty indoor;" for indoor cultivation using
exclusively artificial lighting of less than or equal to 5,000 square feet of
total canopy size on one premises.
(3) Type 1B, or "specialty mixed -light," for cultivation using a
combination of natural and supplemental artificial lighting at a maximum
threshold to be determined by the licensing authority, of less than or equal
to 5,000 square feet of total canopy size on one premises.
(4) Type 2, or "small outdoor," for outdoor cultivation using no artificial
lighting between 5,001 and 10,000 square feet, inclusive, of total canopy
size on one premises.
(5) Type 2A, or "small indoor," for indoor cultivation using exclusively
artificial lighting between 5,001 and 10,000 square feet, inclusive, of total
canopy size on one premises.
(6) Type 2B, or "small mixed -light," for cultivation using a combination
of natural and supplemental artificial lighting at a maximum threshold to
be determined by the licensing authority, between 5,001 and 10,000 square
feet, inclusive, of total canopy size on one premises.
(7) Type 3, or "outdoor," for outdoor cultivation using no artificial
lighting from 10,001 square feet to one acre, inclusive, of total canopy size
on one premises. The Department of Food and Agriculture shall limit the
number of licenses allowed of this type.
(8) Type 3A, or "indoor;" for indoor cultivation using exclusively artificial
lighting between 10,001 and 22,000 square feet, inclusive, of total canopy
size on one premises. The Department of Food and Agriculture shall limit
the number of licenses allowed of this type.
(9) Type 3B, or "mixed -light," for cultivation using a combination of
natural and supplemental artificial lighting at a maximum threshold to be
determined by the licensing authority, between 10,001 and 22,000 square
feet, inclusive, of total canopy size on one premises. The Department of
Food and Agriculture shall limit the number of licenses allowed of this type.
(10) Type 4, or "nursery;" for cultivation of medical cannabis solely as
a nursery. Type 4 licensees may transport live plants.
19332.5. (a) Not later than January 1, 2020, the Department of Food
and Agriculture in conjunction with the bureau, shall make available a
certified organic designation and organic certification program for medical
marijuana, if permitted under federal law and the National Organic Program
(Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C.
Sec. 6501 et seq.)), and Article 7 (commencing with Section 110810) of
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
(b) The bureau may establish appellations of origin for marijuana grown
in California.
(c) It is unlawful for medical marijuana to be marketed, labeled, or sold
as grown in a California county when the medical marijuana was not grown
in that county.
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(d) It is unlawful to use the name of a California county in the labeling,
marketing, or packaging of medical marijuana products unless the product
was grown in that county.
19333. An employee engaged in commercial cannabis cultivation activity
shall be subject to Wage Order 4-2001 of the Industrial Welfare Commission.
SEC. 14. Article 7.5 (commencing with Section 19335) is added to
Chapter 3.5 of Division 8 of the Business and Professions Code, to read:
Article 7.5. Unique Identifier and Track and Trace Program
19335. (a) The Department of Food and Agriculture, in consultation
with the bureau, shall establish a track and trace program for reporting the
movement of medical marijuana items throughout the distribution chain
that utilizes a unique identifier pursuant to Section 11362.777 of the Health
and Safety Code and secure packaging and is capable of providing
information that captures, at a minimum, all of the following:
(1) The licensee receiving the product.
(2) The transaction date.
(3) The cultivator from which the product originates, including the
associated unique identifier, pursuant to Section 11362.777 of the Health
and Safety Code.
(b) (1) The Department of Food and Agriculture shall create an electronic
database containing the electronic shipping manifests which shall include,
but not be limited to, the following information:
(A) The quantity, or weight, and variety of products shipped.
(B) The estimated times of departure and arrival.
(C) The quantity, or weight, and variety of products received.
(D) The actual time of departure and arrival.
(E) A categorization of the product.
(F) The license number and the unique identifier pursuant to Section
11362.777 of the Health and Safety Code issued by the licensing authority
for all licensees involved in the shipping process, including cultivators,
transporters, distributors, and dispensaries.
(2) (A) The database shall be designed to flag irregularities for all
licensing authorities in this chapter to investigate. All licensing authorities
pursuant to this chapter may access the database and share information
related to licensees under this chapter, including social security and
individual taxpayer identifications notwithstanding Section 30.
(B) The Department of Food and Agriculture shall immediately inform
the bureau upon the finding of an irregularity or suspicious finding related
to a licensee, applicant, or commercial cannabis activity for investigatory
purposes.
(3) Licensing authorities and state and local agencies may, at any time,
inspect shipments and request documentation for current inventory.
(4) The bureau shall have 24 -hour access to the electronic database
administered by the Department of Food and Agriculture.
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Ch. 719 — 16 —
(5) The Department of Food and Agriculture shall be authorized to enter
into memoranda of understandings with licensing authorities for data sharing
purposes, as deemed necessary by the Department of Food and Agriculture.
(6) Information received and contained in records kept by the Department
of Food and Agriculture or licensing authorities for the purposes of
administering this section are confidential and shall not be disclosed pursuant
to the California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code), except as necessary
for authorized employees of the State of California or any city, county, or
city and county to perform official duties pursuant to this chapter or a local
ordinance.
(7) Upon the request of a state or local law enforcement agency, licensing
authorities shall allow access to or provide information contained within
the database to assist law enforcement in their duties and responsibilities
pursuant to this chapter.
19336. (a) Chapter 4 (commencing with Section 55121) of Part 30 of
Division 2 of the Revenue and Taxation Code shall apply with respect to
the bureau's collection of the fees, civil fines, and penalties imposed pursuant
to this chapter.
(b) Chapter 8 (commencing with Section 55381) of Part 30 of Division
2 of the Revenue and Taxation Code shall apply with respect to the disclosure
of information under this chapter.
SEC. 15. Article 8 (commencing with Section 19337) is added to Chapter
3.5 of Division 8 of the Business and Professions Code, to read:
Article 8. Licensed Transporters
19337. (a) A licensee authorized to transport medical cannabis and
medical cannabis products between licenses shall do so only as set forth in
this chapter.
(b) Prior to transporting medical cannabis or medical cannabis products,
a licensed transporter of medical cannabis or medical cannabis products
shall do both of the following:
(1) Complete an electronic shipping manifest as prescribed by the
licensing authority. The shipping manifest must include the unique identifier,
pursuant to Section 11362.777 of the Health and Safety Code, issued by the
Department of Food and Agriculture for the original cannabis product.
(2) Securely transmit the manifest to the bureau and the licensee that will
receive the medical cannabis product. The bureau shall inform the
Department of Food and Agriculture of information pertaining to commercial
cannabis activity for the purpose of the track and trace program identified
in Section 19335.
(c) During transportation, the licensed transporter shall maintain a
physical copy of the shipping manifest and make it available upon request
to agents of the Department of Consumer Affairs and law enforcement
officers.
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— 17 — Ch. 719
(d) The licensee receiving the shipment shall maintain each electronic
shipping manifest and shall make it available upon request to the Department
of Consumer Affairs and any law enforcement officers.
(e) Upon receipt of the transported shipment, the licensee receiving the
shipment shall submit to the licensing agency a record verifying receipt of
the shipment and the details of the shipment.
(f) Transporting, or arranging for or facilitating the transport of, medical
cannabis or medical cannabis products in violation of this chapter is grounds
for disciplinary action against the license.
19338. (a) This chapter shall not be construed to authorize or permit a
licensee to transport or cause to be transported cannabis or cannabis products
outside the state, unless authorized by federal law.
(b) A local jurisdiction shall not prevent transportation of medical
cannabis or medical cannabis products on public roads by a licensee
transporting medical cannabis or medical cannabis products in compliance
with this chapter.
SEC. 16. Article 11 (commencing with Section 19348) is added to
Chapter 3.5 of Division 8 of the Business and Professions Code, to read:
Article 11. Taxation
19348. (a) (1) A county may impose a tax on the privilege of cultivating,
dispensing, producing, processing, preparing, storing, providing, donating,
selling, or distributing medical cannabis or medical cannabis products by a
licensee operating pursuant to this chapter.
(2) The board of supervisors shall specify in the ordinance proposing the
tax the activities subject to the tax, the applicable rate or rates, the method
of apportionment, if necessary, and the manner of collection of the tax. The
tax may be imposed for general governmental purposes or for purposes
specified in the ordinance by the board of supervisors.
(3) In addition to any other method of collection authorized by law, the
board of supervisors may provide for the collection of the tax imposed
pursuant to this section in the same manner, and subject to the same penalties
and priority of lien, as other charges and taxes fixed and collected by the
county. A tax imposed pursuant to this section is a tax and not a fee or
special assessment. The board of supervisors shall specify whether the tax
applies throughout the entire county or within the unincorporated area of
the county.
(4) The tax authorized by this section may be imposed upon any or all
of the activities set forth in paragraph (1), as specified in the ordinance,
regardless of whether the activity is undertaken individually, collectively,
or cooperatively, and regardless of whether the activity is for compensation
or gratuitous, as determined by the board of supervisors.
(b) A tax imposed pursuant to this section shall be subject to applicable
voter approval requirements imposed by law.
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Ch. 719 — 18 —
(c) This section is declaratory of existing law and does not limit or
prohibit the levy or collection of any other fee, charge, or tax, or a license
or service fee or charge upon, or related to, the activities set forth in
subdivision (a) as otherwise provided by law. This section shall not be
construed as a limitation upon the taxing authority of a county as provided
by law.
(d) This section shall not be construed to authorize a county to impose
a sales or use tax in addition to the sales and use tax imposed under an
ordinance conforming to the provisions of Sections 7202 and 7203 of the
Revenue and Taxation Code.
SEC. 17. The provisions of this act are severable. If any provision of
this act or its application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the invalid
provision or application.
SEC. 18. The Legislature finds and declares that Section 14 of this act,
which adds Section 19335 to the Business and Professions Code, thereby
imposes a limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the meaning
of Section 3 of Article I of the California Constitution. Pursuant to that
constitutional provision, the Legislature makes the following findings to
demonstrate the interest protected by this limitation and the need for
protecting that interest:
The limitation imposed under this act is necessary for purposes of
compliance with the federal Health Insurance Portability and Accountability
Act of 1996 (42 U.S.C. Sec. 1320d et seq.), the Confidentiality of Medical
Information Act (Part 2.6 (commencing with Section 56) of Division 1 of
the Civil Code), and the Insurance Information and Privacy Protection Act
(Article 6.6 (commencing with Section 791) of Part 2 of Division 1 of the
Insurance Code).
SEC. 19. No reimbursement is required by this act pursuant to Section
6 of Article XIIIB of the California Constitution for certain costs that may
be incurred by a local agency or school district because, in that regard, this
act creates a new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act
contains other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the Government
Code.
SEC. 20. This act shall become operative only if Assembly Bill 266 and
Assembly Bill 243 of the 2015-16 Session are enacted and take effect on
or before January 1, 2016.
0
89
STATE OF CALIFORNIA
TRW AUTHENTICATED
OUNSEI
URFAU ELECTRONICLEGAL MATERIAL
Assembly Bill No. 266
CHAPTER 689
An act to amend Sections 27 and 101 of, to add Section 205.1 to, and to
add Chapter 3.5 (commencing with Section 19300) to Division 8 of, the
Business and Professions Code, to amend Section 9147.7 of the Government
Code, to amend Section 11362.775 of the Health and Safety Code, to add
Section 147.5 to the Labor Code, and to add Section 31020 to the Revenue
and Taxation Code, relating to medical marijuana.
[Approved by Governor October 9, 2015. Filed with .
Secretary of State October 9,2015 .1
LEGISLATIVE COUNSEL'S DIGEST
AB 266, Bonta. Medical marijuana..
(1) Existing law, the Compassionate Use Act of 1996, an initiative
measure enacted by the approval of Proposition 215 at the November 5,
1996, statewide general election, authorizes the use of marijuana for medical
purposes. Existing law enacted by the Legislature requires the establishment
of a program for the issuance of identification cards to qualified patients so
that they may lawfully use marijuana for medical purposes, and requires
the establishment of guidelines for the lawful cultivation of marijuana grown
for medical use. Existing law provides for the licensure of various
professions by boards or bureaus within the Department of Consumer Affairs.
Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the
regulation of food, drugs, devices, and cosmetics, as specified. A violation
of that law is a crime.
This bill, among other things, would enact the Medical Marijuana
Regulation and Safety Act for the licensure and regulation of medical
marijuana and would establish within the Department of Consumer Affairs
the Bureau of Medical Marijuana Regulation, under the supervision and
control of the Director of Consumer Affairs. The bill would require the
director to administer and enforce the provisions of the act.
This bill would also require the Board of Equalization, in consultation
with the Department of Food and Agriculture, to adopt a system for reporting
the movement of commercial cannabis and cannabis products.
This bill would impose certain fines and civil penalties for specified
violations of the act, and would require moneys collected as a result of these
fines and civil penalties to be deposited into the Medical Cannabis Fines
and Penalties Account.
(2) Under existing law, certain persons with identification cards, who
associate within the state in order collectively or cooperatively to cultivate
marijuana for medical purposes, are not solely on the basis of that fact
subject to specified state criminal sanctions.
87
Ch. 689 — 2 —
This bill would repeal these provisions upon the issuance of licenses by
.licensing authorities pursuant to the Medical Marijuana Regulation and
7 -'Safety Act, as specified, and would instead provide that actions of licensees
witli'the relevant local permits, in accordance with the act and applicable
`local ordinances, are not offenses subject to arrest, prosecution, or other
sanction under state law.
(3) This bill would provide that its provisions are severable.
(4) Existing constitutional provisions require that a statute that limits the
right of access to the meetings of public bodies or the writings of public
officials and agencies be adopted with findings demonstrating the interest
protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(5) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state, reimbursement
for those costs shall be made pursuant to these statutory provisions.
(6) The bill would provide that it shall become operative only if SB 643
and AB 243 of the 2015-16 Regular Session are also enacted and become
operative.
The people of the State of California do enact as follows:
SECTION 1. Section 27 of the Business and Professions Code is
amended to read:
27. (a) Each entity specified in subdivisions (c), (d), and (e) shall provide
on the Internet information regarding the status of every license issued by
that entity in accordance with the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) and the Information Practices Act of 1977 (Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the
Civil Code). The public information to be provided on the Internet shall
include information on suspensions and revocations of licenses issued by
the entity and other related enforcement action, including accusations filed
pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) taken by the entity relative to persons, businesses, or facilities subject
to licensure or regulation by the entity. The information may not include
personal information, including home telephone number, date of birth, or
social security number. Each entity shall disclose a licensee's address of
record. However, each entity shall allow a licensee to provide a post office
box number or other alternate address, instead of his or her home address,
as the address of record. This section shall not preclude an entity from also
requiring a licensee, who has provided a post office box number or other
alternative mailing address as his or her address of record, to provide a
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— 3 — Ch. 689
physical business address or residence address only for the entity's internal
administrative use and not for disclosure as the licensee's address of record
or disclosure on the Internet.
(b) In providing information on the Internet, each entity specified in
subdivisions (c) and (d) shall comply with the Department of Consumer
Affairs' guidelines for access to public records.
(c) Each of the following entities within the Department of Consumer
Affairs shall comply with the requirements of this section:
(1) The Board for Professional Engineers, Land Surveyors, and Geologists
shall disclose information on its registrants and licensees.
(2) The Bureau of Automotive Repair shall disclose information on its
licensees, including auto repair dealers, smog stations, lamp and brake
stations, smog check technicians, and smog inspection certification stations.
(3) The Bureau of Electronic and Appliance Repair, Home Furnishings,
and Thermal Insulation shall disclose information on its licensees and
registrants, including major appliance repair dealers, combination dealers
(electronic and appliance), electronic repair dealers, service contract sellers,
and service contract administrators.
(4) The Cemetery and Funeral Bureau shall disclose information on its
licensees, including cemetery brokers, cemetery salespersons, cemetery
managers, crematory managers, cemetery authorities, crematories, cremated
remains disposers, embalmers, funeral establishments, and funeral directors.
(5) The Professional Fiduciaries Bureau shall disclose information on
its licensees.
(6) The Contractors' State License Board shall disclose information on
its licensees and registrants in accordance with Chapter 9 (commencing
with Section 7000) of Division 3. In addition to information related to
licenses as specified in subdivision (a), the board shall also disclose
information provided to the board by the Labor Commissioner pursuant to
Section 98.9 of the Labor Code.
(7) The Bureau for Private Postsecondary Education shall disclose
information on private postsecondary institutions under its jurisdiction,
including disclosure of notices to comply issued pursuant to Section 94935
of the Education Code.
(8) The California Board of Accountancy shall disclose information on
its licensees and registrants.
(9) The California Architects Board shall disclose information on its
licensees, including architects and landscape architects.
(10) The State Athletic Commission shall disclose information on its
licensees and registrants.
(11) The State Board of Barbering and Cosmetology shall disclose
information on its licensees.
(12) The State Board of Guide Dogs for the Blind shall disclose
information on its licensees and registrants.
(13) The Acupuncture Board shall disclose information on its licensees.
(14) The Board of Behavioral Sciences shall disclose information on its
licensees, including licensed marriage and family therapists, licensed clinical
87
Ch. 689 — 4 —
social workers, licensed educational psychologists, and licensed professional
clinical counselors.
(15) The Dental Board of California shall disclose information on its
licensees.
(16) The State Board of Optometry shall disclose information regarding
certificates of registration to practice optometry, statements of licenure,
optometric corporation registrations, branch office licenses, and fictitious
name permits of its licensees.
(17) The Board of Psychology shall disclose information on its licensees,
including psychologists, psychological assistants, and registered
psychologists.
(d) The State Board of Chiropractic Examiners shall disclose information
on its licensees.
(e) The Structural Pest Control Board shall disclose information on its
licensees, including applicators, field representatives, and operators in the
areas of fumigation, general pest and wood destroying pests and organisms,
and wood roof cleaning and treatment.
(f) The Bureau of Medical Marijuana Regulation shall disclose
information on its licensees.
(g) "Internet" for the purposes of this section has the meaning set forth
in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2. Section 101 of the Business and Professions Code is amended
to read:
101. The department is comprised of the following:
(a) The Dental Board of California.
(b) The Medical Board of California.
(c) The State Board of Optometry.
(d) The California State Board of Pharmacy.
(e) The Veterinary Medical Board.
(f) The California Board of Accountancy.
(g) The California Architects Board.
(h) The Bureau of Barbering and Cosmetology.
(i) The Board for Professional Engineers and Land Surveyors.
(j) The Contractors' State License Board.
(k) The Bureau for Private Postsecondary Education.
(1) The Bureau of Electronic and Appliance Repair, Home Furnishings,
and Thermal Insulation.
(m) The Board of Registered Nursing.
(n) The Board of Behavioral Sciences.
(o) The State Athletic Commission.
(p) The Cemetery and Funeral Bureau.
(q) The State Board of Guide Dogs for the Blind.
(r) The Bureau of Security and Investigative Services.
(s) The Court Reporters Board of California.
(t) The Board of Vocational Nursing and Psychiatric Technicians.
(u) The Landscape Architects Technical Committee.
(v) The Division of Investigation.
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— 5 — Ch. 689
(w) The Bureau of Automotive Repair.
(x) The Respiratory Care Board of California.
(y) The Acupuncture Board.
(z) The Board of Psychology.
(aa) The California Board of Podiatric Medicine.
(ab) The Physical Therapy Board of California.
(ac) The Arbitration Review Program.
(ad) The Physician Assistant Committee.
(ae) The Speech -Language Pathology and Audiology Board.
(af) The California Board of Occupational Therapy.
(ag) The Osteopathic Medical Board of California.
(ah) The Naturopathic Medicine Committee.
(ai) The Dental Hygiene Committee of California.
(aj) The Professional Fiduciaries Bureau.
(ak) The State Board of Chiropractic Examiners.
(al) The Bureau of Real Estate.
(am) The Bureau of Real Estate Appraisers.
(an) The Structural Pest Control Board.
(ao) The Bureau of Medical Marijuana Regulation.
(ap) Any other boards, offices, or officers subject to its jurisdiction by
law.
SEC. 3. Section 205.1 is added to the Business and Professions Code,
to read:
205.1. Notwithstanding subdivision (a) of Section 205, the Medical
Marijuana Regulation and Safety Act Fund is a special fund within the
Professions and Vocations Fund, and is subject to subdivision (b) of Section
205.
SEC. 4. Chapter 3.5 (commencing with Section 19300) is added to
Division 8 of the Business and Professions Code, to read:
CHAPTER 3.5. MEDICAL MARIJUANA REGULATION AND SAFETY ACT
Article 1. Definitions
19300. This act shall be known and may be cited as the Medical
Marijuana Regulation and Safety Act.
19300.5. For purposes of this chapter, the following definitions shall
apply:
(a) "Accrediting body" means a nonprofit organization that requires
conformance to ISO/IEC 17025 requirements and is a signatory to the
International Laboratory Accreditation Cooperation Mutual Recognition
Arrangement for Testing.
(b) "Applicant," for purposes of Article 4 (commencing with Section
19319), means the following:
87
Ch. 689 — 6 —
(1) Owner or owners of a proposed facility, including all persons or
entities having ownership interest other than a security interest, lien, or
encumbrance on property that will be used by the facility.
(2) If the owner is an entity, "owner" includes within the entity each
person participating in the direction, control, or management of, or having
a financial interest in, the proposed facility.
(3) If the applicant is a publicly traded company, "owner" means the
chief executive officer or any person or entity with an aggregate ownership
interest of 5 percent or more.
(c) "Batch" means a specific quantity of medical cannabis or medical
cannabis products that is intended to have uniform character and quality,
within specified limits, and is produced according to a single manufacturing
order during the same cycle of manufacture.
(d) "Bureau" means the Bureau of Medical Marijuana Regulation within
the Department of Consumer Affairs.
(e) "Cannabinoid" or "phytocannabinoid" means a chemical compound
that is unique to and derived from cannabis.
(f) "Cannabis" means all parts of the plant Cannabis sativa Linnaeus,
Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds
thereof; the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or resin. "Cannabis" also means the
separated resin, whether crude or purified, obtained from marijuana.
"Cannabis" also means marijuana as defined by Section 11018 of the Health
and Safety Code as enacted by Chapter 1407 of the Statutes of 1972.
"Cannabis" does not include the mature stalks of the plant, fiber produced
from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or
the sterilized seed of the plant which is incapable of germination. For the
purpose of this chapter, "cannabis" does not mean "industrial hemp" as
defined by Section 81000 of the Food and Agricultural Code or Section
11018.5 of the Health and Safety Code.
(g) "Cannabis concentrate" means manufactured cannabis that has
undergone a process to concentrate the cannabinoid active ingredient, thereby
increasing the product's potency. An edible medical cannabis product is
not considered food, as defined by Section 109935 of the Health and Safety
Code, or a drug, as defined by Section 109925 of the Health and Safety
Code.
(h) "Caregiver" or "primary caregiver" has the same meaning as that
term is defined in Section 11362.7 of the Health and Safety Code.
(i) "Certificate of accreditation" means a certificate issued by an
accrediting body to a licensed testing laboratory, entity, or site to be
registered in the state.
(j) "Chief" means Chief of the Bureau of Medical Marijuana Regulation
within the Department of Consumer Affairs.
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-7— Ch.689
(k) "Commercial cannabis activity" includes cultivation, possession,
manufacture, processing, storing, laboratory testing, labeling, transporting,
distribution, or sale of medical cannabis or a medical cannabis product,
except as set forth in Section 19319, related to qualifying patients and
primary caregivers.
(l) "Cultivation" means any activity involving the planting, growing,
harvesting, drying, curing, grading, or trimming of cannabis.
(m) "Delivery" means the commercial transfer of medical cannabis or
medical cannabis products from a dispensary, up to an amount determined
by the bureau to a primary caregiver or qualified patient as defined in Section
11362.7 of the Health and Safety Code, or a testing laboratory. "Delivery"
also includes the use by a dispensary of any technology platform owned
and controlled by the dispensary, or independently licensed under this
chapter, that enables qualified patients or primary caregivers to arrange for
or facilitate the commercial transfer by a licensed dispensary of medical
cannabis or medical cannabis products.
(n) "Dispensary" means a facility where medical cannabis, medical
cannabis products, or devices for the use of medical cannabis or medical
cannabis products are offered, either individually or in any combination,
for retail sale, including an establishment that delivers, pursuant to express
authorization by local ordinance, medical cannabis and medical cannabis
products as part of a retail sale.
(o) "Dispensing" means any activity involving the retail sale of medical
cannabis or medical cannabis products from a dispensary.
(p) "Distribution" means the procurement, sale, and transport of medical
cannabis and medical cannabis products between entities licensed pursuant
to this chapter.
(q) "Distributor" means a person licensed under this chapter to engage
in the business of purchasing medical cannabis from a licensed cultivator,
or medical cannabis products from a licensed manufacturer, for sale to a
licensed dispensary.
(r) "Dried flower" means all dead medical cannabis that has been
harvested, dried, cured, or otherwise processed, excluding leaves and stems.
(s) "Edible cannabis product" means manufactured cannabis that is
intended to be used, in whole or in part, for human consumption, including,
but not limited to, chewing gum. An edible medical cannabis product is not
considered food as defined by Section 109935 of the Health and Safety
Code or a drug as defined by Section 109925 of the Health and Safety Code.
(t) "Fund" means the Medical Marijuana Regulation and Safety Act Fund
established pursuant to Section 19351.
(u) "Identification program" means the universal identification certificate
program for commercial medical cannabis activity authorized by this chapter.
(v) "Labor peace agreement" means an agreement between a licensee
and a bona fide labor organization that, at a minimum, protects the state's
proprietary interests by prohibiting labor organizations and members from
engaging in picketing, work stoppages, boycotts, and any other economic
interference with the applicant's business. This agreement means that the
87
Ch. 689 — 8 —
applicant has agreed not to disrupt efforts by the bona fide labor organization
to communicate with, and attempt to organize and represent, the applicant's
employees. The agreement shall provide a bona fide labor organization
access at reasonable times to areas in which the applicant's employees work,
for the purpose of meeting with employees to discuss their right to
representation, employment rights under state law, and terms and conditions
of employment. This type of agreement shall not mandate a particular method
of election or certification of the bona fide labor organization.
(w) "Licensing authority" means the state agency responsible for the
issuance, renewal, or reinstatement of the license, or the state agency
authorized to take disciplinary action against the license.
(x) "Cultivation site" means a facility where medical cannabis is planted,
grown, harvested, dried, cured, graded, or trimmed, or that does all or any
combination of those activities, that holds a valid state license pursuant to
this chapter, and that holds a valid local license or permit.
(y) "Manufacturer" means a person that conducts the production,
preparation, propagation, or compounding of manufactured medical cannabis,
as described in subdivision (ae), or medical cannabis products either directly
or indirectly or by extraction methods, or independently by means of
chemical synthesis or by a combination of extraction and chemical synthesis
at a fixed location that packages or repackages medical cannabis or medical
cannabis products or labels or relabels its container, that holds a valid state
license pursuant to this chapter, and that holds a valid local license or permit.
(z) "Testing laboratory" means a facility, entity, or site in the state that
offers or performs tests of medical cannabis or medical cannabis products
and that is both of the following:
(1) Accredited by an accrediting body that is independent from all other
persons involved in the medical cannabis industry in the state.
(2) Registered with the State Department of Public Health.
(aa) "Transporter" means a person issued a state license by the bureau
to transport medical cannabis or medical cannabis products in an amount
above a threshold determined by the bureau between facilities that have
been issued a state license pursuant to this chapter.
(ab) "Licensee" means a person issued a state license under this chapter
to engage in commercial cannabis activity.
(ac) "Live plants" means living medical cannabis flowers and plants,
including seeds, immature plants, and vegetative stage plants.
(ad) "Lot" means a batch, or a specifically identified portion of a batch,
having uniform character and quality within specified limits. In the case of
medical cannabis or a medical cannabis product produced by a continuous
process, "lot" means a specifically identified amount produced in a unit of
time or a quantity in a manner that ensures its having uniform character and
quality within specified limits.
(ae) "Manufactured cannabis" means raw cannabis that has undergone
a process whereby the raw agricultural product has been transformed into
a concentrate, an edible product, or a topical product.
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— 9 — Ch. 689
(af) "Manufacturing site" means a location that produces, prepares,
propagates, or compounds manufactured medical cannabis or medical
cannabis products, directly or indirectly, by "extraction ;methods,
independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis, and is owned and operated by a licensee
for these activities.
(ag) "Medical cannabis;" "medical cannabis product," or "cannabis
product" means a product containing cannabis, including, but not limited
to, concentrates and extractions, intended to be sold for use by medical
cannabis patients in California pursuant to the Compassionate Use Act of
1996 (Proposition 215), found at Section 11362.5 of the Health and Safety
Code. For the purposes of this chapter, "medical cannabis" does not include
"industrial hemp" as defined by Section 81000 of the Food and Agricultural
Code or Section 11018.5 of the Health and Safety Code.
(ah) "Nursery" means a licensee that produces only clones, immature
plants, seeds, and other agricultural products used specifically for the
planting, propagation, and cultivation of medical cannabis.
(ai) "Permit," "local license;" or "local permit" means an official
document granted by a local jurisdiction that specifically authorizes a person
to conduct commercial cannabis activity in the local jurisdiction.
(aj) "Person" means an individual, firm, partnership, joint venture,
association, corporation, limited liability company, estate, trust, business
trust, receiver, syndicate, or any other group or combination acting as a unit
and includes the plural as well as the singular number.
(ak) "State license;" "license," or "registration" means a state license
issued pursuant to this chapter.
(al) "Topical cannabis" means a product intended for external use. A
topical cannabis product is not considered a drug as defined by Section
109925 of the Health and Safety Code.
(am) "Transport" means the transfer of medical cannabis or medical
cannabis products from the permitted business location of one licensee to
the permitted business location of another licensee, for the purposes of
conducting commercial cannabis activity authorized pursuant to this chapter.
19300.7. License classifications pursuant to this chapter are as follows:
(a) Type 1 = Cultivation; Specialty outdoor; Small.
(b) Type 1A = Cultivation; Specialty indoor; Small.
(c) Type IB = Cultivation; Specialty mixed -light; Small.
(d) Type 2= Cultivation; Outdoor; Small.
(e) Type 2A = Cultivation; Indoor; Small.
(f) Type 2B = Cultivation; Mixed -light; Small.
(g) Type 3 = Cultivation; Outdoor; Medium.
(h) Type 3A = Cultivation; Indoor; Medium.
(i) Type 3B = Cultivation; Mixed -light; Medium.
(j) Type 4 = Cultivation; Nursery.
(k) Type 6 = Manufacturer 1.
(l) Type 7 = Manufacturer 2.
(m) Type 8 = Testing.
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Ch. 689 — 10 —
(n) Type 10 = Dispensary; General.
(o) Type 10A = Dispensary; No more than three retail sites.
(p) Type 11 = Distribution.
(q) Type 12 = Transporter.
Article 2. Administration
19302. There is in the Department of Consumer Affairs the Bureau of
Medical Marijuana Regulation, under the supervision and control of the
director. The director shall administer and enforce the provisions of this
chapter.
19303. Protection of the public shall be the highest priority for the bureau
in exercising its licensing, regulatory, and disciplinary functions under this
chapter. Whenever the protection of the public is inconsistent with other
interests sought to be promoted, the protection of the public shall be
paramount.
19304. The bureau shall make and prescribe reasonable rules as may be
necessary or proper to carry out the purposes and intent of this chapter and
to enable it to exercise the powers and duties conferred upon it by this
chapter, not inconsistent with any statute of this state, including particularly
this chapter and Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code. For the performance of
its duties, the bureau has the power conferred by Sections 11180 to 11191,
inclusive, of the Government Code.
19305. Notice of any action of the licensing authority required by this
chapter to be given may be signed and given by the director or an authorized
employee of the department and may be made personally or in the manner
prescribed by Section 1013 of the Code of Civil Procedure.
. 19306. (a) The bureau may convene an advisory committee to advise
the bureau and licensing authorities on the development of standards and
regulations pursuant to this chapter, including best practices and guidelines
to ensure qualified patients have adequate access to medical cannabis and
medical cannabis products. The advisory committee members shall be
determined by the chief.
(b) The advisory committee members may include, but not be limited
to, representatives of the medical marijuana industry, representatives of
medical marijuana cultivators, appropriate local and state agencies,
appropriate local and state law enforcement, physicians, environmental and
public health experts, and medical marijuana patient advocates.
19307. A licensing authority may make or cause to be made such
investigation as it deems necessary to carry out its duties under this chapter.
19308. For any hearing held pursuant to this chapter, the director, or a
licensing authority, may delegate the power to hear and decide to an
administrative law judge. Any hearing before an administrative law judge
shall be pursuant to the procedures, rules, and limitations prescribed in
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Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code.
19309. In any hearing before a licensing authority pursuant to this
chapter, the licensing authority may pay any person appearing as a witness
at the hearing at the request of the licensing authority pursuant to a subpoena,
his or her actual, necessary, and reasonable travel, food, and lodging
expenses, not to exceed the amount authorized for state employees.
19310. The department may on its own motion at any time before a
penalty assessment is placed into effect and without any further proceedings,
review the penalty, but such review shall be limited to its reduction.
Article 3. Enforcement
19311. Grounds for disciplinary action include:
(a) Failure to comply with the provisions of this chapter or any rule or
regulation adopted pursuant to this chapter.
(b) Conduct that constitutes grounds for denial of licensure pursuant to
Chapter 3 (commencing with Section 490) of Division 1.5.
(c) Any other grounds contained in regulations adopted by a licensing
authority pursuant to this chapter.
(d) Failure to comply with any state law, except as provided for in this
chapter or other California law.
19312. Each licensing authority may suspend or revoke licenses, after
proper notice and hearing to the licensee, if the licensee is found to have
committed any of the acts or omissions constituting grounds for disciplinary
action. The disciplinary proceedings under this chapter shall be conducted
in accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the director of each
licensing authority shall have all the powers granted therein.
19313. Each licensing authority may take disciplinary action against a
licensee for any violation of this chapter when the violation was committed
by the licensee's agent or employee while acting on behalf of the licensee
or engaged in commercial cannabis activity.
19313.5. Upon suspension or revocation of a license, the licensing
authority shall inform the bureau. The bureau shall then inform all other
licensing authorities and the Department of Food and Agriculture.
19314. All accusations against licensees shall be filed by the licensing
authority within five years after the performance of the act or omission
alleged as the ground for disciplinary action; provided, however, that the
foregoing provision shall not constitute a defense to an accusation alleging
fraud or misrepresentation as a ground for disciplinary action. The cause
for disciplinary action in such case shall not be deemed to have accrued
until discovery, by the licensing authority, of the facts constituting the fraud
or misrepresentation, and, in such case, the accusation shall be filed within
five years after such discovery.
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Ch. 689 — 12 —
19315. (a) Nothing in this chapter shall be interpreted to supersede or
limit existing local authority for law enforcement activity, enforcement of
local zoning requirements or local ordinances, or enforcement of local permit
or licensing requirements.
(b) Nothing in this chapter shall be interpreted to require the Department
of Consumer Affairs to undertake local law enforcement responsibilities,
enforce local zoning requirements, or enforce local licensing requirements.
(c) Nothing in this chapter shall be interpreted to supersede or limit state
agencies from exercising their existing enforcement authority under the
Fish and Game Code, the Water Code, the Food and Agricultural Code, or
the Health and Safety Code.
19316. (a) Pursuant to Section 7 of Article XI of the California
Constitution, a city, county, or city and county may adopt ordinances that
establish additional standards, requirements, and regulations for local licenses
and permits for commercial cannabis activity. Any standards, requirements,
and regulations regarding health and safety, testing, security, and worker
protections established by the state shall be the minimum standards for all
licensees statewide.
(b) For facilities issued a state license that are located within the
incorporated area of a city, the city shall have full power and authority to
enforce this chapter and the regulations promulgated by the bureau or any
licensing authority, if delegated by the state. Notwithstanding Sections
101375,101400, and 101405 of the Health and Safety Code or any contract
entered into pursuant thereto, or any other law, the city shall further assume
complete responsibility for any regulatory function relating to those licensees
within the city limits that would otherwise be performed by the county or
any county officer or employee, including a county health officer, without
liability, cost, or expense to the county.
(c) Nothing in this chapter, or any regulations promulgated thereunder,
shall be deemed to limit the authority or remedies of a city, county, or city
and county under any provision of law, including, but not limited to, Section
7 of Article XI of the California Constitution.
19317. (a) The actions of a licensee, its employees, and its agents that
are (1) permitted pursuant to both a state license and a license or permit
issued by the local jurisdiction following the requirements of the applicable
local ordinances, and (2) conducted in accordance with the requirements of
this chapter and regulations adopted pursuant to this chapter, are not unlawful
under state law and shall not be an offense subject to arrest, prosecution, or
other sanction under state law, or be subject to a civil fine or be a basis for
seizure or forfeiture of assets under state law.
(b) The actions of a person who, in good faith, allows his or her property
to be used by a licensee, its employees, and its agents, as permitted pursuant
to both a state license and a local license or permit following the
requirements of the applicable local ordinances, are not unlawful under state
law and shall not be an offense subject to arrest, prosecution, or other
sanction under state law, or be subject to a civil fine or be a basis for seizure
or forfeiture of assets under state law.
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19318. (a) A person engaging in commercial cannabis activity without
a license required by this chapter shall be subject to civil penalties of up to
twice the amount of the license fee for each violation, and the court may
order the destruction of medical cannabis associated with that violation in
accordance with Section 11479 of the Health and Safety Code. Each day
of operation shall constitute a separate violation of this section. All civil
penalties imposed and collected pursuant to this section by a licensing
authority shall be deposited into the Medical Cannabis Fines and Penalties
Account established pursuant to Section 19351.
(b) If an action for civil penalties is brought against a licensee pursuant
to this chapter by the Attorney General on behalf of the people, the penalty
collected shall be deposited into the Medical Cannabis Fines and Penalties
Account established pursuant to Section 19351. If the action is brought by
a district attorney or county counsel, the penalty collected shall be paid to
the treasurer of the county in which the judgment was entered. If the action
is brought by a city attorney or city prosecutor, the penalty collected shall
be paid to the treasurer of the city or city and county in which the judgment
was entered. If the action is brought by a city attorney and is adjudicated in
a superior court located in the unincorporated area or another city in the
same county, the penalty shall be paid one-half to the treasurer of the city
in which the complaining attorney has jurisdiction and one-half to the
treasurer of the county in which the judgment is entered.
(c) Notwithstanding subdivision (a), criminal penalties shall continue to
apply to an unlicensed person engaging in commercial cannabis activity in
violation of this chapter, including, but not limited to, those individuals
covered under Section 11362.7 of the Health and Safety Code.
Article 4. Licensing
19320. (a) Licensing authorities administering this chapter may issue
state licenses only to qualified applicants engaging in commercial cannabis
activity pursuant to this chapter. Upon the date of implementation of
regulations by the licensing authority, no person shall engage in commercial
cannabis activity without possessing both a state license and a local permit,
license, or other authorization.A licensee shall not commence activity under
the authority of a state license until the applicant has obtained, in addition
to the state license, a license or permit from the local jurisdiction in which
he or she proposes to operate, following the requirements of the applicable
local ordinance.
(b) Revocation of a local license, permit, or other authorization shall
terminate the ability of a medical cannabis business to operate within that
local jurisdiction until the local jurisdiction reinstates or reissues the local
license, permit, or other required authorization. Local authorities shall notify
the bureau upon revocation of a local license. The bureau shall inform
relevant licensing authorities.
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Ch. 689 — 14 —
(c) Revocation of a state license shall terminate the ability of a medical
cannabis licensee to operate within California until the licensing authority
reinstates or reissues the state license. Each licensee shall obtain a separate
license for each location where it engages in commercial medical cannabis
activity. However, transporters only need to obtain licenses for each physical
location where the licensee conducts business while not in transport, or any
equipment that is not currently transporting medical cannabis or medical
cannabis products, permanently resides.
(d) In addition to the provisions of this chapter, local jurisdictions retain
the power to assess feet and taxes, as applicable, on facilities that arc licensed
pursuant to this chapter and the business activities of those licensees.
(e) Nothing in this chapter shall be construed to supersede or limit state
agencies, including the State Water Resources Control Board and Department
of Fish and Wildlife, from establishing fees to support their medical cannabis
regulatory programs.
19321. (a) The Department of Consumer Affairs, the Department of
Food and Agriculture, and the State Department of Public Health shall
promulgate regulations for implementation of their respective responsibilities
in the administration of this chapter.
(b) A license issued pursuant to this section shall be valid for 12 months
from the date of issuance. The license shall be renewed annually. Each
licensing authority shall establish procedures for the renewal of a license.
(c) Notwithstanding subdivision (a) of Section 19320, a facility or entity
that is operating in compliance with local zoning ordinances and other state
and local requirements on or before January 1, 2018, may continue its
operations until its application for licensure is approved or denied pursuant
to this chapter. In issuing licenses, the licensing authority shall prioritize
any facility or entity that can demonstrate to the authority's satisfaction that
it was in operation and in good standing with the local jurisdiction by January
1, 2016.
(d) Issuance of a state license or a determination of compliance with
local law by the licensing authority shall in no way limit the ability of the
City of Los Angeles to prosecute any person or entity for a violation of, or
otherwise enforce, Proposition D, approved by the voters of the City of Los
Angeles on the May 21, 2013, ballot for the city, or the city's zoning laws.
Nor may issuance of a license or determination of compliance with local
law by the licensing authority be deemed to establish, or be relied upon, in
determining satisfaction with the immunity requirements of Proposition D
or local zoning law, in court or in any other context or forum.
Article 5. Medical Marijuana Regulation
19326. (a) A person other than a licensed transporter shall not transport
medical cannabis or medical cannabis products from one licensee to another
licensee, unless otherwise specified in this chapter.
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(b) All licensees holding cultivation or manufacturing licenses shall send
all medical cannabis and medical cannabis products cultivated or
manufactured to a distributor, as defined in Section 19300.5, for quality
assurance and inspection by the Type 11 licensee and for a batch testing by
a Type 8 licensee prior to distribution to a dispensary. Those licensees
holding a Type 10A license in addition to a cultivation license or a
manufacturing license shall send all medical cannabis and medical cannabis
products to a Type 11 licensee for presale inspection and for a batch testing
by aType 8 licensee prior to dispensing any product. The licensing authority
shall fine a licensee who violates this subdivision in an amount determined
by the licensing authority to be reasonable.
(c) (1) Upon receipt of medical cannabis or medical cannabis products
by a holder of a cultivation or manufacturing license, the Type 11 licensee
shall first inspect the product to ensure the identity and quantity of the
product and then ensure a random sample of the medical cannabis or medical
cannabis product is tested by a Type 8 licensee prior to distributing the batch
of medical cannabis or medical cannabis products.
(2) Upon issuance of a certificate of analysis by the Type 8 licensee that
the product is fit for manufacturing or retail, all medical cannabis and
medical cannabis products shall undergo a quality assurance review by the
Type 11 licensee prior to distribution to ensure the quantity and content of
the medical cannabis or medical cannabis product, and for tracking and
taxation purposes by the state. Licensed cultivators and manufacturers shall
package or seal all medical cannabis and medical cannabis products in
tamper -evident packaging and use a unique identifier, as prescribed by the
Department of Food and Agriculture, for the purpose of identifying and
tracking medical cannabis or medical cannabis products. Medical cannabis
and medical cannabis products shall be labeled as required by Section 19347.
All packaging and sealing shall be completed prior to medical cannabis or
medical cannabis products being transported or delivered to a licensee,
qualified patient, or caregiver.
(3) This section does not limit the ability of licensed cultivators,
manufacturers, and dispensaries to directly enter into contracts with one
another indicating the price and quantity of medical cannabis or medical
cannabis products to be distributed. However, aType 11 licensee responsible
for executing the contract is authorized to collect a fee for the services
rendered, including, but not limited to, costs incurred by a Type 8 licensee,
as well as applicable state or local taxes and fees.
(d) Medical cannabis and medical cannabis products shall be tested by
a registered testing laboratory, prior to retail sale or dispensing, as follows:
(1) Medical cannabis from dried flower shall, at a minimum, be tested
for concentration, pesticides, mold, and other contaminants.
(2) Medical cannabis extracts shall, at a minimum, be tested for
concentration and purity of the product.
(3) This chapter shall not prohibit a licensee from performing on -site
testing for the purposes of quality assurance of the product in conjunction
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Ch. 689 - 16 -
with reasonable business operations. On -site testing by the licensee shall
not be certified by the State Department of Public Health.
(e) All commercial cannabis activity shall be conducted between
licensees, when these are available.
19327. (a) A licensee shall keep accurate records of commercial cannabis
activity.
(b) All records related to commercial cannabis activity as defined by the
licensing authorities shall be maintained for a minimum of seven years.
(c) The bureau may examine the books and records of a licensee and
inspect the premises of a licensee as the licensing authority or a state or
local agency deems necessary to perform its duties under this chapter. All
inspections shall be conducted during standard business hours of the licensed
facility or at any other reasonable time.
(d) Licensees shall keep records identified by the licensing authorities
on the premises of the location Iicensed.The licensing authorities may make
any examination of the records of any licensee. Licensees shall also provide
and deliver copies of documents to the licensing agency upon request.
(e) A licensee or its agent, or employee, that refuses, impedes, obstructs,
or interferes with an inspection of the premises or records of the licensee
pursuant to this section has engaged in a violation of this chapter.
(f) If a licensee or an employee of a licensee fails to maintain or provide
the records required pursuant to this section, the licensee shall be subject
to a citation and fine of thirty thousand dollars ($30,000) per individual
violation.
19328. (a) A licensee may only hold a state license in up to two separate
license categories, as follows:
(1) Type 1, 1A, 1B, 2, 2A, or 2B licensees may also hold either a Type
6 or 7 state license.
(2) Type 6 or 7 licensees, or a combination thereof, may also hold either
a Type 1, 1A, 1B, 2, 2A, or 2B state license.
(3) Type 6 or 7 licensees, or a combination thereof, may also hold a Type
10A state license.
(4) Type 10A licensees may also hold either a Type 6 or 7 state license,
or a combination thereof.
(5) Type 1, 1A, 1B, 2, 2A, or 2B licensees, or a combination thereof,
may also hold a Type 10A state license.
(6) Type 10A licensees may apply for Type 1, 1A, 1B, 2, 2A, or 2B state
license, or a combination thereof.
(7) Type 11 licensees shall apply for a Type 12 state license, but shall
not apply for any other type of state license.
(8) Type 12 licensees may apply for a Type 11 state license.
(9) A Type 10A licensee may apply for a Type 6 or 7 state license and
hold a 1, 1A, 1B, 2, 2A, 2B, 3, 3A, 3B, 4 or combination thereof if, under
the 1, 1A, 1B, 2, 2A, 2B, 3, 3A, 3B, 4 or combination of licenses thereof,
no more than four acres of total canopy size of cultivation by the licensee
is occurring throughout the state during the period that the respective licenses
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are valid. All cultivation pursuant to this section shall comply with local
ordinances. This paragraph shall become inoperative on January 1, 2026.
(b) Except as provided in subdivision (a), a person or entity that holds a
state license is prohibited from licensure for any other activity authorized
under this chapter, and is prohibited from holding an ownership interest in
real property, personal property, or other assets associated with or used in
any other license category.
(c) (1) In a jurisdiction that adopted a local ordinance, prior to July 1,
2015, allowing or requiring qualified businesses to cultivate, manufacture,
and dispense medical cannabis or medical cannabis products, with all
commercial cannabis activity being conducted by a single qualified business,
upon licensure that business shall not be subject to subdivision (a) if it meets
all of the following conditions:
(A) The business was cultivating, manufacturing, and dispensing medical
cannabis or medical cannabis products on July 1, 2015, and has continuously
done so since that date.
(B) The business has been in full compliance with all applicable local
ordinances at all times prior to licensure.
(C) The business is registered with the State Board of Equalization.
(2) A business licensed pursuant to paragraph (1) is not required to
conduct all cultivation or manufacturing within the bounds of a local
jurisdiction, but all cultivation and manufacturing shall have commenced
prior to July 1, 2015, and have been in full compliance with applicable local
ordinances.
(d) This section shall remain in effect only until January 1, 2026, and as
of that date is repealed.
19329. A licensee shall not also be licensed as a retailer of alcoholic
beverages pursuant to Division 9 (commencing with Section 23000).
19330. This chapter and Article 2 (commencing with Section 11357)
and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division
10 of the Health and Safety Code shall not interfere with an employer's
rights and obligations to maintain a drug and alcohol free workplace or
require an employer to permit or accommodate the use, consumption,
possession, transfer, display, transportation, sale, or growth of cannabis in
the workplace or affect the ability of employers to have policies prohibiting
the use of cannabis by employees and prospective employees, or prevent
employers from complying with state or federal law.
Article 7. Licensed Distributors, Dispensaries, and Transporters
19334. (a) State licenses to be issued by the Department of Consumer
Affairs are as follows:
(1) "Dispensary," as defined in this chapter. This license shall allow for
delivery pursuant to Section 19340.
(2) "Distributor;' for the distribution of medical cannabis and medical
cannabis products from manufacturer to dispensary. A Type 11 licensee
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Ch. 689 — 18 —
shall hold a Type 12, or transporter, license and register each location where
product is stored for the purposes of distribution. A Type 11 licensee shall
not hold a license in a cultivation, manufacturing, dispensing, or testing
license category and shall not own, or have an ownership interest in, a
facility licensed in those categories other than a security interest, lien, or
encumbrance on property that is used by a licensee. A Type 11 licensee
shall be bonded and insured at a minimum level established by the licensing
authority.
(3) "Transport," for transporters of medical cannabis or medical cannabis
products between licensees.A Type 12 licensee shall be bonded and insured
at a minimum level established by the licensing authority.
(4) "Special dispensary status" for dispensers who have no more than
three licensed dispensary facilities. This license shall allow for delivery
where expressly authorized by local ordinance.
(b) The bureau shall establish minimum security requirements for the
commercial transportation and delivery of medical cannabis and products.
(c) A licensed dispensary shall implement sufficient security measures
to both deter and prevent unauthorized entrance into areas containing medical
cannabis or medical cannabis products and theft of medical cannabis or
medical cannabis products at the dispensary. These security measures shall
include, but not be limited to, all of the following:
(1) Preventing individuals from remaining on the premises of the
dispensary if they are not engaging in activity expressly related to the
operations of the dispensary.
(2) Establishing limited access areas accessible only to authorized
dispensary personnel.
(3) Storing all finished medical cannabis and medical cannabis products
in a secured and locked room, safe, or vault, and in a manner as to prevent
diversion, theft, and loss, except for limited amounts of cannabis used for
display purposes, samples, or immediate sale.
(d) A dispensary shall notify the licensing authority and the appropriate
law enforcement authorities within 24 hours after discovering any of the
followi ng:
(1) Significant discrepancies identified during inventory. The level of
significance shall be determined by the bureau.
(2) Diversion, theft, loss, or any criminal activity involving the dispensary
or any agent or employee of the dispensary.
(3) The loss or unauthorized alteration of records related to cannabis,
registered qualifying patients, primary caregivers, or dispensary employees
or agents.
(4) Any other breach of security.
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Article 9. Delivery
19340. (a) Deliveries, as defined in this chapter, can only be made by
a dispensary and in a city, county, or city and county that does not explicitly
prohibit it by local ordinance.
(b) Upon approval of the licensing authority, a licensed dispensary that
delivers medical cannabis or medical cannabis products shall comply with
both of the following:
(1) The city, county, or city and county in which the licensed dispensary
is located, and in which each delivery is made, do not explicitly by ordinance
prohibit delivery, as defined in Section 19300.5.
(2) All employees of a dispensary delivering medical cannabis or medical
cannabis products shall carry a copy of the dispensary's current license
authorizing those services with them during deliveries and the employee's
government -issued identification, and shall present that license and
identification upon request to state and local law enforcement, employees
of regulatory authorities, and other state and local agencies enforcing this
chapter.
(c) A county shall have the authority to impose a tax, pursuant to Article
11 (commencing with Section 19348), on each delivery transaction
completed by a licensee.
(d) During delivery, the licensee shall maintain a physical copy of the
delivery request and shall make it available upon request of the licensing
authority and law enforcement officers. The delivery request documentation
shall comply with state and federal law regarding the protection of
confidential medical information.
(e) The qualified patient or primary caregiver requesting the delivery
shall maintain a copy of the delivery request and shall make it available,
upon request, to the licensing authority and law enforcement officers.
(f) A local jurisdiction shall not prevent carriage of medical cannabis or
medical cannabis products on public roads by a licensee acting in compliance
with this chapter.
Article 10. Licensed Manufacturers and Licensed Laboratories
19341. The State Department of Public Health shall promulgate
regulations governing the licensing of cannabis manufacturers and testing
laboratories. Licenses to be issued are as follows:
(a) "Manufacturing level 1," for manufacturing sites that produce medical
cannabis products using nonvolatile solvents.
(b) "Manufacturing level 2;' for manufacturing sites that produce medical
cannabis products using volatile solvents. The State Department of Public
Health shall limit the number of licenses of this type.
(c) "Testing;' for testing of medical cannabis and medical cannabis
products. Testing licensees shall have their facilities licensed according to
regulations set forth by the division. A testing licensee shall not hold a
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Ch. 689 — 20 —
license in another license category of this chapter and shall not own or have
ownership interest in a facility licensed pursuant to this chapter.
19342. (a) For the purposes of testing medical cannabis or medical
cannabis products, licensees shall use a licensed testing laboratory that has
adopted a standard operating procedure using methods consistent with
general requirements for the competence of testing and calibration activities,
including sampling, using standard methods established by the International
Organization for Standardization, specifically ISO/IEC 17020 and ISO/IEC
17025 to test medical cannabis and medical cannabis products that are
approved by an accrediting body that is a signatory to the International
Laboratory Accreditation Cooperation Mutual Recognition Arrangement.
(b) An agent of a licensed testing laboratory shall obtain samples
according to a statistically valid sampling method for each lot.
(c) A licensed testing laboratory shall analyze samples according to either
of the following:
(1) The most current version of the cannabis inflorescence monograph
published by the American Herbal Pharmacopoeia.
(2) Scientifically valid methodology that is demonstrably equal or superior
to paragraph (1), in the opinion of the accrediting body.
(d) If a test result falls outside the specifications authorized by law or
regulation, the licensed testing laboratory shall follow a standard operating
procedure to confirm or refute the original result.
(e) A licensed testing laboratory shall destroy the remains of the sample
of medical cannabis or medical cannabis product upon completion of the
analysis.
19343. A licensed testing laboratory shall not handle, test, or analyze
medical cannabis or medical cannabis products unless the licensed testing
laboratory meets all of the following:
(a) Is registered by the State Department of Public Health.
(b) Is independent from all other persons and entities involved in the
medical cannabis industry.
(c) Follows the methodologies, ranges, and parameters that are contained
in the scope of the accreditation for testing medical cannabis or medical
cannabis products. The testing lab shall also comply with any other
requirements specified by the State Department of Public Health.
(d) Notifies the State Department of Public Health within one business
day after the receipt of notice of any kind that its accreditation has been
denied, suspended, or revoked.
(e) Has established standard operating procedures that provide for
adequate chain of custody controls for samples transferred to the licensed
testing laboratory for testing.
19344. (a) A licensed testing laboratory shall issue a certificate of
analysis for each lot, with supporting data, to report both of the following:
(1) Whether the chemical profile of the lot conforms to the specifications
of the lot for compounds, including, but not limited to, all of the following:
(A) Tetrahydrocannabinol (THC).
(B) Tetrahydrocannabinolic Acid (THCA).
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(C) Cannabidiol (CBD).
(D) Cannabidiolic Acid (CBDA).
(E) The terpenes described in the most current version of the cannabis
inflorescence monograph published by the American Herbal Pharmacopoeia.
(F) Cannabigerol (CBG).
(G) Cannabinol (CBN).
(H) Any other compounds required by the State Department of Public
Health.
(2) That the presence of contaminants does not exceed the levels that are
the lesser of either the most current version of the American Herbal
Pharmacopoeia monograph or the State Department of Public Health. For
purposes of this paragraph, contaminants includes, but is not limited to, all
of the following:
(A) Residual solvent or processing chemicals.
(B) Foreign material, including, but not limited to, hair, insects, or similar
or related adulterant.
(C) Microbiological impurity, including total aerobic microbial count,
total yeast mold count, P. aeruginosa, aspergillus spp., s. aureus, aflatoxin
B1, B2, G1, or G2, or ochratoxin A.
(D) Whether the batch is within specification for odor and appearance.
(b) Residual levels of volatile organic compounds shall be below the
lesser of either the specifications set by the United States Pharmacopeia
(U.S.P. Chapter 467) or those set by the State Department of Public Health.
19345. (a) Except as provided in this chapter, a licensed testing
laboratory shall not acquire or receive medical cannabis or medical cannabis
products except from a licensed facility in accordance with this chapter,
and shall not distribute, sell, deliver, transfer, transport, or dispense medical
cannabis or medical cannabis products, from which the medical cannabis
or medical cannabis products were acquired or received. All transfer or
transportation shall be performed pursuant to a specified chain of custody
protocol.
(b) A licensed testing laboratory may receive and test samples of medical
cannabis or medical cannabis products from a qualified patient or primary
caregiver only if he or she presents his or her valid recommendation for
cannabis for medical purposes from a physician.A licensed testing laboratory
shall not certify samples from a qualified patient or caregiver for resale or
transfer to another party or licensee. All tests performed by a licensed testing
laboratory for a qualified patient or caregiver shall be recorded with the
name of the qualified patient or caregiver and the amount of medical
cannabis or medical cannabis product received.
(c) The State Department of Public Health shall develop procedures to
ensure that testing of cannabis occurs prior to delivery to dispensaries or
any other business, specify how often licensees shall test cannabis and that
the cost of testing shall be borne by the licensed cultivators, and require
destruction of harvested batches whose testing samples indicate
noncompliance with health and safety standards promulgated by the State
Department of Public Health, unless remedial measures can bring the
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Ch. 689 — 22 —
cannabis into compliance with quality assurance standards as promulgated
by the State Department of Public Health.
(d) The State Department of Public Health shall establish a licensing fee,
and laboratories shall pay a fee to be licensed. Licensing fees shall not
exceed the reasonable regulatory cost of the licensing activities.
19347. (a) Prior to delivery or sale at a dispensary, medical cannabis
products shall be labeled and in a tamper -evident package. Labels and
packages of medical cannabis products shall meet the following
requirements:
(1) Medical cannabis packages and labels shall not be made to be
attractive to children.
(2) All medical cannabis product labels shall include the following
information, prominently displayed and in a clear and legible font:
(A) Manufacture date and source.
(B) The statement "SCHEDULE I CONTROLLED SUBSTANCE."
(C) The statement "KEEP OUT OF REACH OF CHILDREN AND
ANIMALS" in bold print.
(D) The statement "FOR MEDICAL USE ONLY."
(E) The statement "THE INTOXICATING EH-ECTS OF THIS
PRODUCT MAY BE DELAYED BY UP TO TWO HOURS."
(F) The statement "THIS PRODUCT MAY IMPAIR THE ABILITY
TO DRIVE OR OPERATE MACHINERY. PLEASE USE EXTREME
CAUTION?'
(G) For packages containing only dried flower, the net weight of medical
cannabis in the package.
(H) A warning if nuts or other known allergens are used.
(I) List of pharmacologically active ingredients, including, but not limited
to, tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid
content, the THC and other cannabinoid amount in milligrams per serving,
servings per package, and the THC and other cannabinoid amount in
milligrams for the package total.
(J) Clear indication, in bold type, that the product contains medical
cannabis.
(K) Identification of the source and date of cultivation and manufacture.
(L) Any other requirement set by the bureau.
(M) Information associated with the unique identifier issued by the
Department of Food and Agriculture pursuant to Section 11362.777 of the
Health and Safety Code.
(b) Only generic food names may be used to describe edible medical
cannabis products.
Article 14. Reporting
19353. Beginning on March 1, 2023, and on or before March 1 of each
following year, each licensing authority shall prepare and submit to the
Legislature an annual report on the authority's activities and post the report
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— 23 — Ch.689
on the authority's Internet Web site. The report shall include, but not be
limited to, the following information for the previous fiscal year:
(a) The amount of funds allocated and spent by the licensing authority
for medical cannabis licensing, enforcement, and administration.
(b) The number of state licenses issued, renewed, denied, suspended,
and revoked, by state license category.
(c) The average time for processing state license applications, by state
Iicense category.
(d) The number and type of enforcement activities conducted by the
licensing authorities and by local law enforcement agencies in conjunction
with the licensing authorities or the bureau.
(e) The number, type, and amount of penalties, fines, and other
disciplinary actions taken by the licensing authorities.
19354. The bureau shall contract with the California Marijuana Research
Program, known as the Center for Medicinal Cannabis Research, authorized
pursuant to Section 11362.9 of the Health and Safety Code, to develop a
study that identifies the impact that cannabis has on motor skills.
Article 15. Privacy
19355. (a) Information identifying the names of patients, their medical
conditions, or the names of their primary caregivers received and contained
in records kept by the office or licensing authorities for the purposes of
administering this chapter are confidential and shall not be disclosed pursuant
to the California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code), except as necessary
for authorized employees of the State of California or any city, county, or
city and county to perform official duties pursuant to this chapter, or a local
ordinance.
(b) Information identifying the names of patients, their medical
conditions, or the names of their primary caregivers received and contained
in records kept by the bureau for the purposes of administering this chapter
shall be maintained in accordance with Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code, Part 2.6
(commencing with Section 56) of Division 1 of the Civil Code, and other
state and federal laws relating to confidential patient information.
(c) Nothing in this section precludes the following:
(1) Employees of the bureau or any licensing authorities notifying state
or local agencies about information submitted to the agency that the
employee suspects is falsified or fraudulent.
(2) Notifications from the bureau or any licensing authorities to state or
local agencies about apparent violations of this chapter or applicable local
ordinance.
(3) Verification of requests by state or local agencies to confirm licenses
and certificates issued by the regulatory authorities or other state agency.
87
Ch. 689 — 24 —
(4) Provision of information requested pursuant to a court order or
subpoena issued by a court or an administrative agency or local governing
body authorized by law to issue subpoenas.
(d) Information shall not be disclosed by any state or local agency beyond
what is necessary to achieve the goals of a specific investigation, notification,
or the parameters of a specific court order or subpoena.
SEC. 5. Section 9147.7 of the Government Code is amended to read:
9147.7. (a) For the purpose of this section, "eligible agency" means any
agency, authority, board, bureau, commission, conservancy, council,
department, division, or office of state government, however denominated,
excluding an agency that is constitutionally created or an agency related to
postsecondary education, for which a date for repeal has been established
by statute on or after January 1, 2011.
(b) The Joint Sunset Review Committee is hereby created to identify and
eliminate waste, duplication, and inefficiency in government agencies. The
purpose of the committee is to conduct a comprehensive analysis over 15
years, and on a periodic basis thereafter, of every eligible agency to
determine if the agency is still necessary and cost effective.
(c) Each eligible agency scheduled for repeal shall submit to the
committee, on or before December 1 prior to the year it is set to be repealed,
a complete agency report covering the entire period since last reviewed,
including, but not limited to, the following:
(1) The purpose and necessity of the agency.
(2) A description of the agency budget, priorities, and job descriptions
of employees of the agency.
(3) Any programs and projects under the direction of the agency.
(4) Measures of the success or failures of the agency and justifications
for the metrics used to evaluate successes and failures.
(5) Any recommendations of the agency for changes or reorganization
in order to better fulfill its purpose.
(d) The committee shall take public testimony and evaluate the eligible
agency prior to the date the agency is scheduled to be repealed. An eligible
agency shall be eliminated unless the Legislature enacts a law to extend,
consolidate, or reorganize the eligible agency. No eligible agency shall be
extended in perpetuity unless specifically exempted from the provisions of
this section. The committee may recommend that the Legislature extend
the statutory sunset date for no more than one year to allow the committee
more time to evaluate the eligible agency.
(e) The committee shall be comprised of 10 members of the Legislature.
The Senate Committee on Rules shall appoint five members of the Senate
to the committee, not more than three of whom shall be members of the
same political party. The Speaker of the Assembly shall appoint five
members of the Assembly to the committee, not more than three of whom
shall be members of the same political party. Members shall be appointed
within 15 days after the commencement of the regular session. Each member
of the committee who is appointed by the Senate Committee on Rules or
the Speaker of the Assembly shall serve during that committee member's
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— 25 — Ch. 689
term of office or until that committee member no longer is a Member of the
Senate or the Assembly, whichever is applicable. A vacancy on the
committee shall be filled in the same manner as the original appointment.
Three Assembly Members and three Senators who are members of the
committee shall constitute a quorum for the conduct of committee business.
Members of the committee shall receive no compensation for their work
with the committee. •
(f) The committee shall meet not later than 30 days after the first day ofl; `
the regular session to choose a chairperson and to establish the schedule for
eligible agency review provided for in the statutes governing the. eligible, `'°.
agencies. The chairperson of the committee shall alternate every two years
between a Member of the Senate and a Member of the Assembly, and the
vice chairperson of the committee shall be a member of the opposite house
as the chairperson.
(g) This section shall not be construed to change the existing jurisdiction
of the budget or policy committees of the Legislature.
(h) This section shall not apply to the Bureau of Medical Marijuana
Regulation.
SEC. 6. Section 11362.775 of the Health and Safety Code is amended
to read:
11362.775. (a) Subject to subdivision (b), qualified patients, persons
with valid identification cards, and the designated primary caregivers of
qualified patients and persons with identification cards, who associate within
the State of California in order collectively or cooperatively to cultivate
cannabis for medical purposes, shall not solely on the basis of that fact be
subject to state criminal sanctions under Section 11357, 11358, 11359,
11360,11366, 11366.5, or 11570.
(b) This section shall remain in effect only until one year after the Bureau
of Medical Marijuana Regulation posts a notice on its Internet Web site that
the licensing authorities have commenced issuing licenses pursuant to the
Medical Marijuana Regulation and Safety Act (Chapter 3.5 (commencing
with Section 19300) of Division 8 of the Business and Professions Code),
and is repealed upon issuance of licenses.
SEC. 7. Section 147.5 is added to the Labor Code, to read:
147.5. (a) By January 1, 2017, the Division of Occupational Safety and
Health shall convene an advisory committee to evaluate whether there is a
need to develop industry -specific regulations related to the activities of
facilities issued a license pursuant to Chapter 3.5 (commencing with Section
19300) of Division 8 of the Business and Professions Code.
(b) By July 1, 2017, the advisory committee shall present to the board
its findings and recommendations for consideration by the board. By July
1, 2017, the board shall render a decision regarding the adoption of
industry -specific regulations pursuant to this section.
SEC. 8. Section 31020 is added to the Revenue and Taxation Code, to
read:
31020. The board, in consultation with the Department of Food and
Agriculture, shall adopt a system for reporting the movement of commercial
87
Ch. 689 — 26 —
cannabis and cannabis products throughout the distribution chain. The
system shall not be duplicative of the electronic database administered by
the Department of Food and Agriculture specified in Section 19335 of the
Business and Professions Code. The system shall also employ secure
packaging and be capable of providing information to the board. This system
shall capture, at a minimum, all of the following:
(a) The amount of tax due by the designated entity.
(b) The name, address, and license number of the designated entity that
remitted the tax.
(c) The name, address, and license number of the succeeding entity
receiving the product.
(d) The transaction date.
(e) Any other information deemed necessary by the board for the taxation
and regulation of marijuana and marijuana products.
SEC. 9. The provisions of this act are severable. If any provision of this
act or its application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the invalid
provision or application.
SEC. 10. The Legislature finds and declares that Section 4 of this act,
which adds Section 19355 to the Business and Professions Code, thereby
imposes a limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the meaning
of Section 3 of Article I of the California Constitution. Pursuant to that
constitutional provision, the Legislature makes the following findings to
demonstrate the interest protected by this limitation and the need for
protecting that interest:
The limitation imposed under this act is necessary for purposes of
compliance with the federal Health Insurance Portability and Accountability
Act of 1996 (42 U.S.C. Sec. 1320d et seq.), the Confidentiality of Medical
Information Act (Part 2.6 (commencing with Section 56) of Division 1 of
the Civil Code), and the Insurance Information and Privacy Protection Act
(Article 6.6 (commencing with Section 791) of Part 2 of Division 1 of the
Insurance Code).
SEC. 11. If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 12. This act shall become operative only if Senate Bill 643 and
Assembly Bill 243 of the 2015-16 Regular Session are also enacted and
become operative.
0
87
STATE OF CALIFORNIA
LLGIsuTM AUTHENTICATED
OUNS[I
U0.GU ELECTRONIC LEC.ALMATERIAL
Assembly Bill No. 243
CHAPTER 688
An act to add Article 6 (commencing with Section 19331), Article 13
(commencing with Section 19350), and Article 17 (commencing with Section
19360) to Chapter 3.5 of Division 8 of the Business and Professions Code,
to add Section 12029 to the Fish and Game Code, to add Sections 11362.769
and 11362.777 to the Health and Safety Code, and to add Section 13276 to
the Water Code, relating to medical marijuana, and making an appropriation
therefor.
[Approved by Governor October 9, 2015. Filed with
Secretary of State October 9.2015.1
LEGISLATIVE COUNSEL'S DIGEST
AB 243, Wood. Medical marijuana.
Existing law, the Compassionate Use Act of 1996, an initiative measure
enacted by the approval of Proposition 215 at the November 5, 1996,
statewide general election, authorizes the use of marijuana for medical
purposes. Existing law enacted by the Legislature requires the establishment
of a program for the issuance of identification cards to qualified patients so
that they may lawfully use marijuana for medical purposes, and requires
the establishment of guidelines for the lawful cultivation of marijuana grown
for medical use. Existing law provides for the licensure of various
professions by boards or bureaus within the Department of Consumer Affairs.
Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the
regulation of food, drugs, devices, and cosmetics, as specified. A violation
of that law is a crime.
This bill would require the Department of Food and Agriculture, the
Department of Pesticide Regulation, the State Department of Public Health,
the Department of Fish and Wildlife, and the State Water Resources Control
Board to promulgate regulations or standards relating to medical marijuana
and its cultivation, as specified. The bill would also require various state
agencies to take specified actions to mitigate the impact that marijuana
cultivation has on the environment. By requiring cities, counties, and their
local law enforcement agencies to coordinate with state agencies to enforce
laws addressing the environmental impacts of medical marijuana cultivation,
and by including medical marijuana within the Sherman Act, the bill would
impose a state -mandated local program.
This bill would require a state licensing authority to charge each licensee
under the act a licensure and renewal fee, as applicable, and would further
require the deposit of those collected fees into an account specific to that
licensing authority in the Medical Marijuana Regulation and Safety Act
Fund, which this bill would establish. This bill would impose certain fines
89
}
Ch. 688 — 2 —
and civil penalties for specified violations of the Medical Marijuana
Regulation and Safety Act, and would require moneys collected as a result
of these fines and civil penalties to be deposited into the Medical Cannabis
Fines and Penalties Account, which this bill would establish within the fund.
Moneys in the fund and each account of the fund would be available upon
appropriation of the Legislature.
This bill would authorize the Director of Finance to provide an initial
operating loan from the General Fund to the Medical Marijuana Regulation
and Safety Act Fund of up to $10,000,000, and would appropriate
$10,000,000 from the Medical Marijuana Regulation and Safety Act Fund
to the Department of Consumer Affairs to begin the activities of the bureau.
This bill would provide that its provisions are severable.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the
Commission on State Mandates determines that the bill contains costs so
mandated by the state, reimbursement for those costs shall be made pursuant
to the statutory provisions noted above.
This bill would become operative only if AB 266 and SB 643 of the
2015-16 Regular Session are enacted and take effect on or before January
1, 2016.
Appropriation: yes.
The people of the State of California do enact as follows:
SECTION 1. Article 6 (commencing with Section 19331) is added to
Chapter 3.5 of Division 8 of the Business and Professions Code, to read:
Article 6. Licensed Cultivation Sites
19331. The Legislature finds and declares all of the following:
(a) The United States Environmental Protection Agency has not
established appropriate pesticide tolerances for, or permitted the registration
and lawful use of, pesticides on cannabis crops intended for human
consumption pursuant to the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136 et seq.).
(b) The use of pesticides is not adequately regulated due to the omissions
in federal law, and cannabis cultivated in California for California patients
can and often does contain pesticide residues.
(c) Lawful California medical cannabis growers and caregivers urge the
Department of Pesticide Regulation to provide guidance, in absence of
federal guidance, on whether the pesticides currently used at most cannabis
89
— 3 — Ch. 688
cultivation sites are actually safe for use on cannabis intended for human
consumption.
19332. (a) The Department of Food and Agriculture shall promulgate
regulations governing the licensing of indoor and outdoor cultivation sites.
(b) The Department of Pesticide Regulation, in consultation with the
Department of Food and Agriculture, shall develop standards for the use of
pesticides in cultivation, and maximum tolerances for pesticides and other
foreign object residue in harvested cannabis.
(c) The State Department of Public Health shall develop standards for
the production and labeling of all edible medical cannabis products.
(d) The Department of Food and Agriculture, in consultation with the
Department of Fish and Wildlife and the State Water Resources Control
Board, shall ensure that individual and cumulative effects of water diversion
and discharge associated with cultivation do not affect the instream flows
needed for fish spawning, migration, and rearing, and the flows needed to
maintain natural flow variability.
(e) The Department of Food and Agriculture shall have the authority
necessary for the implementation of the regulations it adopts pursuant to
this chapter. The regulations shall do all of the following:
(1) Provide that weighing or measuring devices used in connection with
the sale or distribution of medical cannabis are required to meet standards
equivalent to Division 5 (commencing with Section 12001).
(2) Require that cannabis cultivation by licensees is conducted in
accordance with state and local laws related to land conversion, grading,
electricity usage, water usage, agricultural discharges, and similar matters.
Nothing in this chapter, and no regulation adopted by the department, shall
be construed to supersede or limit the authority of the State Water Resources
Control Board, regional water quality control boards, or the Department of
Fish and Wildlife to implement and enforce their statutory obligations or
to adopt regulations to protect water quality, water supply, and natural
resources.
(3) Establish procedures for the issuance and revocation of unique
identifiers for activities associated with a cannabis cultivation license,
pursuant to Article 8 (commencing with Section 19337). A11 cannabis shall
be labeled with the unique identifier issued by the Department of Food and
Agriculture.
(4) Prescribe standards, in consultation with the bureau, for the reporting
of information as necessary related to unique identifiers, pursuant to Article
8 (commencing with Section 19337).
(f) The Department of Pesticide Regulation, in consultation with the
State Water Resources Control Board, shall promulgate regulations that
require that the application of pesticides or other pest control in connection
with the indoor or outdoor cultivation of medical cannabis meets standards
equivalent to Division 6 (commencing with Section 11401) of the Food and
Agricultural Code and its implementing regulations.
(g) State cultivator license types issued by the Department of Food and
Agriculture include:
89
Ch. 688 — 4 —
(1) Type 1, or "specialty outdoor," for outdoor cultivation using no
artificial lighting of less than or equal to 5,000 square feet of total canopy
size on one premises, or up to 50 mature plants on noncontiguous plots.
(2) Type 1A, or "specialty indoor;" for indoor cultivation using
exclusively artificial lighting of less than or equal to 5,000 square feet of
total canopy size on one premises.
(3) Type 1B, or "specialty mixed -light;" for cultivation using a
combination of natural and supplemental artificial lighting at a maximum
threshold to be determined by the licensing authority, of less than or equal
to 5,000 square feet of total canopy size on one premises.
(4) Type 2, or "small outdoor;" for outdoor cultivation using no artificial
lighting between 5,001 and 10,000 square feet, inclusive, of total canopy
size on one premises.
(5) Type 2A, or "small indoor," for indoor cultivation using exclusively
artificial lighting between 5,001 and 10,000 square feet, inclusive, of total
canopy size on one premises.
(6) Type 2B, or "small mixed -light;" for cultivation using a combination
of natural and supplemental artificial lighting at a maximum threshold to
be determined by the licensing authority, between 5,001 and 10,000 square
feet, inclusive, of total canopy size on one premises.
(7) Type 3, or "outdoor;" for outdoor cultivation using no artificial
lighting from 10,001 square feet to one acre, inclusive, of total canopy size
on one premises. The Department of Food and Agriculture shall limit the
number of licenses allowed of this type.
(8) Type 3A, or "indoor," for indoor cultivation using exclusively artificial
lighting between 10,001 and 22,000 square feet, inclusive, of total canopy
size on one premises. The Department of Food and Agriculture shall limit
the number of licenses allowed of this type.
(9) Type 3B, or "mixed -light;" for cultivation using a combination of
natural and supplemental artificial lighting at a maximum threshold to be
determined by the licensing authority, between 10,001 and 22,000 square
feet, inclusive, of total canopy size on one premises. The Department of
Food and Agriculture shall limit the number of licenses allowed of this type.
(10) Type 4, or "nursery," for cultivation of medical cannabis solely as
a nursery. Type 4 licensees may transport live plants.
19333. An employee engaged in commercial cannabis cultivation activity
shall be subject to Wage Order 4-2001 of the Industrial Welfare Commission.
SEC. 2. Article 13 (commencing with Section 19350) is added to Chapter
3.5 of Division 8 of the Business and Professions Code, to read:
Article 13. Funding
19350. Each licensing authority shall establish a scale of application,
licensing, and renewal fees, based upon the cost of enforcing this chapter,
as follows:
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— 5 — Ch. 688
(a) Each licensing authority shall charge each licensee a licensure and
renewal fee, as applicable. The licensure and renewal fee shall be calculated
to cover the costs of administering this chapter. The licensure fee may vary
depending upon the varying costs associated with administering the various
regulatory requirements of this chapter as they relate to the nature and scope
of the different licensure activities, including, but not limited to, the track
and trace program required pursuant to Section 19335, but shall not exceed
the reasonable regulatory costs to the licensing authority.
(b) The total fees assessed pursuant to this chapter shall be set at an
amount that will fairly and proportionately generate sufficient total revenue
to fully cover the total costs of administering this chapter.
(c) All license fees shall be set on a scaled basis by the licensing authority,
dependent on the size of the business.
(d) The licensing authority shall deposit all fees collected in a fee account
specific to that licensing authority, to be established in the Medical Marijuana
Regulation and Safety Act Fund. Moneys in the licensing authority fee
accounts shall be used, upon appropriation of the Legislature, by the
designated licensing authority for the administration of this chapter.
19351. (a) The Medical Marijuana Regulation and Safety Act Fund is
hereby established within the State Treasury. Moneys in the fund shall be
available upon appropriation by the Legislature. Notwithstanding Section
16305.7 of the Government Code, the fund shall include any interest and
dividends earned on the moneys in the fund.
(b) (1) Funds for the establishment and support of the regulatory activities
pursuant to this chapter shall be advanced as a General Fund or special fund
loan, and shall be repaid by the initial proceeds from fees collected pursuant
to this chapter or any rule or regulation adopted pursuant to this chapter, by
January 1, 2022. Should the initial proceeds from fees not be sufficient to
repay the loan, moneys from the Medical Cannabis Fines and Penalties
Account shall be made available to the bureau, by appropriation of the
Legislature, to repay the loan.
(2) Funds advanced pursuant to this subdivision shall be appropriated to
the bureau, which shall distribute the moneys to the appropriate licensing
authorities, as necessary to implement the provisions of this chapter.
(3) The Director of Finance may provide an initial operating loan from
the General Fund to the Medical Marijuana Regulation and Safety Act Fund
that does not exceed ten million dollars ($10,000,000).
(c) Except as otherwise provided, all moneys collected pursuant to this
chapter as a result of fines or penalties imposed under this chapter shall be
deposited directly into the Medical Marijuana Fines and Penalties Account,
which is hereby established within the fund, and shall be available, upon
appropriation by the Legislature to the bureau, for the purposes of funding
the enforcement grant program pursuant to subdivision (d).
(d) (1) The bureau shall establish a grant program to allocate moneys
from the Medical Cannabis Fines and Penalties Account to state and local
entities for the following purposes:
89
Ch. 688 — 6 —
(A) To assist with medical cannabis regulation and the enforcement of
this chapter and other state and local laws applicable to cannabis activities.
(B) For allocation to state and local agencies and law enforcement to
remedy the environmental impacts of cannabis cultivation.
(2) The costs of the grant program under this subdivision shall, upon
appropriation by the Legislature, be paid for with moneys in the Medical
Cannabis Fines and Penalties Account.
(3) The grant program established by this subdivision shall only be
implemented after the loan specified in this section is repaid.
19352. The sum of ten million dollars ($10,000,000) is hereby
appropriated from the Medical Marijuana Regulation and Safety Act Fund
to the Department of Consumer Affairs to begin the activities of the Bureau
of Medical Marijuana Regulation. Funds appropriated pursuant to this section
shall not include moneys received from fines or penalties.
SEC. 3. Article 17 (commencing with Section 19360) is added to Chapter
3.5 of Division 8 of the Business and Professions Code, to read:
Article 17. Penalties and Violations
19360. (a) A person engaging in cannabis activity without a license and
associated unique identifiers required by this chapter shall be subject to civil
penalties of up to twice the amount of the license fee for each violation, and
the department, state or local authority, or court may order the destruction
of medical cannabis associated with that violation. Each day of operation
shall constitute a separate violation of this section. All civil penalties imposed
and collected pursuant to this section shall be deposited into the Marijuana
Production and Environment Mitigation Fund established pursuant to Section
31013 of the Revenue and Taxation Code.
(b) If an action for civil penalties is brought against a licensee pursuant
to this chapter by the Attorney General, the penalty collected shall be
deposited into the General Fund. If the action is brought by a district attorney
or county counsel, the penalty collected shall be paid to the treasurer of the
county in which the judgment was entered. If the action is brought by a city
attorney or city prosecutor, the penalty collected shall be paid to the treasurer
of the city or city and county in which the judgment was entered. If the
action is brought by a city attorney and is adjudicated in a superior court
located in the unincorporated area or another city in the same county, the
penalty shall be paid one-half to the treasurer of the city in which the
complaining attorney has jurisdiction and one-half to the treasurer of the
county in which the judgment is entered.
(c) Notwithstanding subdivision (a), criminal penalties shall continue to
apply to an unlicensed person or entity engaging in cannabis activity in
violation of this chapter, including, but not limited to, those individuals
covered under Section 11362.7 of the Health and Safety Code.
SEC. 4. Section 12029 is added to the Fish and Game Code, to read:
12029. (a) The Legislature finds and declares all of the following:
89
— 7 — Ch. 688
(1) The environmental impacts associated with marijuana cultivation
have increased, and unlawful water diversions for marijuana irrigation have
a detrimental effect on fish and wildlife and their habitat, which are held in
trust by the state for the benefit of the people of the state.
(2) The remediation of existing marijuana cultivation sites is often
complex and the permitting of these sites requires greater department staff
time and personnel expenditures. The potential for marijuana cultivation
sites to significantly impact the state's fish and wildlife resources requires
immediate action on the part of the department's lake and streambed
alteration permitting staff.
(b) In order to address unlawful water diversions and other violations of
the Fish and Game Code associated with marijuana cultivation, the
department shall establish the watershed enforcement program to facilitate
the investigation, enforcement, and prosecution of these offenses.
(c) The department, in coordination with the State Water Resources
Control Board, shall establish a permanent multiagency task force to address
the environmental impacts of marijuana cultivation. The multiagency task
force, to the extent feasible and subject to available Resources, shall expand
its enforcement efforts on a statewide level to ensure the reduction of adverse
impacts of marijuana cultivation on fish and wildlife and their habitats
throughout the state.
(d) In order to facilitate the remediation and permitting of marijuana
cultivation sites, the department shall adopt regulations to enhance the fees
on any entity subject to Section 1602 for marijuana cultivation sites that
require remediation. The fee schedule established pursuant to this subdivision
shall not exceed the fee limits in Section 1609.
SEC. 5. Section 11362.769 is added to the Health and Safety Code, to
read:
11362.769. Indoor and outdoor medical marijuana cultivation shall be
conducted in accordance with state and local laws related to land conversion,
grading, electricity usage, water usage, water quality, woodland and riparian
habitat protection, agricultural discharges, and similar matters. State
agencies, including, but not limited to, the State Board of Forestry and Fire
Protection, the Department of Fish and Wildlife, the State Water Resources
Control Board, the California regional water quality control boards, and
traditional state law enforcement agencies shall address environmental
impacts of medical marijuana cultivation and shall coordinate, when
appropriate, with cities and counties and their law enforcement agencies in
enforcement efforts.
SEC. 6. Section 11362.777 is added to the Health and Safety Code, to
read:
11362.777. (a) The Department of Food and Agriculture shall establish
a Medical Cannabis Cultivation Program to be administered by the secretary,
except as specified in subdivision (c), shall administer this section as it
pertains to the cultivation of medical marijuana. For purposes of this section
and Chapter 3.5 (commencing with Section 19300) of the Business and
Professions Code, medical cannabis is an agricultural product.
89
Ch. 688 — 8 —
(b) (1) A person or entity shall not cultivate medical marijuana without
first obtaining both of the following:
(A) A license, permit, or other entitlement, specifically permitting
cultivation pursuant to these provisions, from the city, county, or city and
county in which the cultivation will occur.
(B) A state license issued by the department pursuant to this section.
(2) A person or entity shall not submit an application for a state license
issued by the department pursuant to this section unless that person or entity
has received a license, permit, or other entitlement, specifically permitting
cultivation pursuant to these provisions, from the city, county, or city and
county in which the cultivation will occur.
(3) A person or entity shall not submit an application for a state license
issued by the department pursuant to this section if the proposed cultivation
of marijuana will violate the provisions of any local ordinance or regulation,
or if medical marijuana is prohibited by the city, county, or city and county
in which the cultivation is proposed to occur, either expressly or otherwise
under principles of permissive zoning.
(c) (1) Except as otherwise specified in this subdivision, and without
limiting any other local regulation, a city, county, or city and county, through
its current or future land use regulations or ordinance, may issue or deny a
permit to cultivate medical marijuana pursuant to this section.A city, county,
or city and county may inspect the intended cultivation site for suitability
prior to issuing a permit. After the city, county, or city and county has
approved a permit, the applicant shall apply for a state medical marijuana
cultivation license from the department. A locally issued cultivation permit
shall only become active upon licensing by the department and receiving
final local approval. A person shall not cultivate medical marijuana prior
to obtaining both a permit from the city, county, or city and county and a
state medical marijuana cultivation license from the department.
(2) A city, county, or city and county that issues or denies conditional
licenses to cultivate medical marijuana pursuant to this section shall notify
the department in a manner prescribed by the secretary.
(3) A city, county, or city and county's locally issued conditional permit
requirements must be at least as stringent as the department's state licensing
requi rements.
(4) If a city, county, or city and county does not have land use regulations
or ordinances regulating or prohibiting the cultivation of marijuana, either
expressly or otherwise under principles of permissive zoning, or chooses
not to administer a conditional permit program pursuant to this section, then
commencing March 1, 2016, the division shall be the sole licensing authority
for medical marijuana cultivation applicants in that city, county, or city and
county.
(d) (1) The secretary may prescribe, adopt, and enforce regulations
relating to the implementation, administration, and enforcement of this part,
including, but not limited to, applicant requirements, collections, reporting,
refunds, and appeals.
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(2) The secretary may prescribe, adopt, and enforce any emergency
regulations as necessary to implement this part. Any emergency regulation
prescribed, adopted, or enforced pursuant to this section shall be adopted
in accordance with Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code, and, for purposes of that
chapter, including Section 11349.6 of the Government Code, the adoption
of the regulation is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, and general welfare.
(3) The secretary may enter into a cooperative agreement with a county
agricultural commissioner to carry out the provisions of this chapter,
including, but not limited to, administration, investigations, inspections,
licensing and assistance pertaining to the cultivation of medical marijuana.
Compensation under the cooperative agreement shall be paid from
assessments and fees collected and deposited pursuant to this chapter and
shall provide reimbursement to the county agricultural commissioner for
associated costs.
(e) (1) The department, in consultation with, but not limited to, the
Bureau of Medical Marijuana Regulation, the State Water Resources Control
Board, and the Department of Fish and Wildlife, shall implement a unique
identification program for medical marijuana. In implementing the program,
the department shall consider issues, including, but not limited to, water
use and environmental impacts. In implementing the program, the department
shall ensure that:
(A) Individual and cumulative effects of water diversion and discharge
associated with cultivation do not affect the instream flows needed for fish
spawning, migration, and rearing, and the flows needed to maintain natural
flow variability.
(B) Cultivation will not negatively impact springs, riparian wetlands,
and aquatic habitats.
(2) The department shall establish a program for the identification of
permitted medical marijuana plants at a cultivation site during the cultivation
period. The unique identifier shall be attached at the base of each plant. A
unique identifier, such as, but not limited to, a zip tie, shall be issued for
each medical marijuana plant.
(A) Unique identifiers will only be issued to those persons appropriately
licensed by this section.
(B) Information associated with the assigned unique identifier and
licensee shall be included in the trace and track program specified in Section
19335 of the Business and Professions Code.
(C) The department may charge a fee to cover the reasonable costs of
issuing the unique identifier and monitoring, tracking, and inspecting each
medical marijuana plant.
(D) The department may promulgate regulations to implement this
section.
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(3) The department shall take adequate steps to establish protections
against fraudulent unique identifiers and limit illegal diversion of unique
identifiers to unlicensed persons.
(f) (1) A city, county, or city and county that issues or denies licenses
to cultivate medical marijuana pursuant to this section shall notify the
department in a manner prescribed by the secretary.
(2) Unique identifiers and associated identifying information administered
by a city or county shall adhere to the requirements set by the department
and be the equivalent to those administered by the department.
(g) This section does not apply to a qualified patient cultivating marijuana
pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana
does not exceed 100 square feet and he or she cultivates marijuana for his
or her personal medical use and does not sell, distribute, donate, or provide
marijuana to any other person or entity. This section does not apply to a
primary caregiver cultivating marijuana pursuant to Section 11362.5 if the
area he or she uses to cultivate marijuana does not exceed 500 square feet
and he or she cultivates marijuana exclusively for the personal medical use
of no more than five specified qualified patients for whom he or she is the
primary caregiver within the meaning of Section 11362.7 and does not
receive remuneration for these activities, except for compensation provided
in full compliance with subdivision (c) of Section 11362.765. For purposes
of this section, the area used to cultivate marijuana shall be measured by
the aggregate area of vegetative growth of live marijuana plants on the
premises. Exemption from the requirements of this section does not limit
or prevent a city, county, or city and county from regulating or banning the
cultivation, storage, manufacture, transport, provision, or other activity by
the exempt person, or impair the enforcement of that regulation or ban.
SEC. 7. Section 13276 is added to the Water Code, to read:
13276. (a) The multiagency task force, the Department of Fish and
Wildlife and State Water Resources Control Board pilot project to address
the Environmental Impacts of Cannabis Cultivation, assigned to respond to
the damages caused by marijuana cultivation on public and private lands in
California, shall continue its enforcement efforts on a permanent basis and
expand them to a statewide level to ensure the reduction of adverse impacts
of marijuana cultivation on water quality and on fish and wildlife throughout
the state.
(b) Each regional board shall, and the State Water Resources Control
Board may, address discharges of waste resulting from medical marijuana
cultivation and associated activities, including by adopting a general permit,
establishing waste discharge requirements, or taking action pursuant to
Section 13269. In addressing these discharges, each regional board shall
include conditions to address items that include, but are not limited to, all
of the following:
(1) Site development and maintenance, erosion control, and drainage
features.
(2) Stream crossing installation and maintenance.
(3) Riparian and wetland protection and management.
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(4) Soil disposal.
(5) Water storage and use.
(6) Irrigation runoff.
(7) Fertilizers and soil.
(8) Pesticides and herbicides.
(9) Petroleum products and other chemicals.
(10) Cultivation -related waste.
(11) Refuse and human waste.
(12) Cleanup, restoration, and mitigation.
SEC. 8. The provisions of this act are severable. If any provision of this
act or its application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the invalid
provision or application.
SEC. 9. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution for certain costs that may
be incurred by a local agency or school district because, in that regard, this
act creates a new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act
contains other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the Government
Code.
SEC. 10. This measure shall become operative only if both Assembly
Bill 266 and Senate Bill 643 of the 2015-16 Regular Session are enacted
and become operative.
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OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
Cathy Nichols, 14 Crest Road West addressed the City Council in opposition to the. proposed ordinance
pertaining to restrictions on medical marijuana in the City stating that she feels it takes away people's
rights granted under the compassionate use act.
Richard Colyear, 35 Crest Road West addressed the City Council regarding the proposed ordinance
pertaining to medical marijuana stating that he uses some derivative of marijuana for his sheep.
Jim Aichele, 14 Crest Road West addressed the City Council in opposition to the proposed ordinance
pertaining to restrictions on medical marijuana in the City. He expressed concern that ordinance was not
given proper consideration by the Planning Commission because it was presented by the Assistant City
Attorney as a matter that required urgent action.
Norm Miller, 4 Chesterfield Road addressed the City Council regarding the need for microphones in the
Council Chamber, regarding the proposed ordinance pertaining to medical marijuana and regarding how
the City Council handles public comment specifically that feedback is not provided when a person
provides comments.
As an explanation regarding the proposed ordinance pertaining to medical marijuana, City Attorney
Jenkins stated that proposed ordinance will be before the City Council next month. He provided the
background and reasoning as to why the matter is being brought before the City Council. He stated that
nothing in the proposed ordinance will affect the right of a Rolling Hills resident to posses marijuana for
personal use; to drive to a dispensary to purchase medical marijuana and bring it into City; or from
ordering marijuana online or by phone from a reputable source and having it delivered by US mail, FedEx,
UPS or another means. He further stated that the State legislature passed a bill stating that if cities do not
act by March 1, certain regulatory authority would be vested in the State and the cities would lose any and
all opportunity to regulate under their own police powers. He further explained that the author of the bill
has since said that he did not intend to establish the March 1 deadline and there is a bill currently pending
in the legislature that would eliminate the deadline. He stated that if the pending bill is passed and signed
by the Governor, the City can take its time in considering this matter. He further provided a brief overview
of the proposed ordinance as it relates to delivery and cultivation of medical marijuana.
Minutes
City Council Meeting
01-25-16