FULL TEXT OF MEASURE
The Patients Access to Regulated Medical Cannabis Act of 2012
The People of the County of Sacramento do hereby enact as follows:
The Patients Access to Regulated Medical Cannabis Act of 2012
Section 1 Title
This initiative shall be known and may be cited as The Patients Access to Regulated Medical Cannabis Act of 2012
Section 2 Findings and Declarations
The People of the County of Sacramento find all of the following to be true:
a. In 1996, California voters approved Proposition 215 which was entitled the “Compassionate Use Act of 1996. The people of the State of California declared that their purpose in enacting the measure was “to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that 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 marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.”
b. Proposition 215 called for plans to implement the “safe and affordable distribution of cannabis to all patients in medical need of cannabis.”
c. Cannabis is the scientific term for “marijuana” and shall be used in the language of this Act and in all matters that address the medical application of the plant.
d. We strongly support the right of patients to use medical cannabis in accordance with the recommendation or approval of a licensed physician in good standing with the Medical Board of California.
e. We strongly oppose law enforcement resources being used to arrest, prosecute, and incarcerate qualified patients who use and provide medical cannabis in accordance with the Compassionate Use Act (California Health and Safety Code 11362.5) and State Bill 420 (California Health and Safety Code 11362.7 et. al)
f. Access to medical cannabis should occur in a safe and orderly manner to protect patients and the community. The absence of controlled dispensing organizations results in patients being forced to obtain their medicine in the illicit market, or incurring hardship and expense of from traveling great distances to obtain their medicine from outside their community.
g. In the absence of meaningful state regulation, local governments must adopt policies and regulations to protect their communities and their resident patients’ ability to safely access their medicine.
h. According to the California State Board of Equalization, medical cannabis organizations contribute between $50 and $100 million dollars in sales tax to the State of California annually, and provide employment to thousands of California residents. Local municipalities, including the City of Sacramento, have passed special business tax rates for medical cannabis businesses which provide revenue that can be used to fund much needed services such as public safety, education, and healthcare.
i. The people of the County of Sacramento further find and declare that we enact this initiative pursuant to the powers reserved to the State of California, the County of Sacramento, and its people under the Tenth Amendment to the United States Constitution.
Section 3 AMMENDMENTS TO SACRAMENTO COUNTY MUNICIPAL CHARTER TITLE 4 BUSINESS REGULATION
Title 4 Business Regulation of the Sacramento County Charter is hereby amended to read:
Chapter 4.70 Regulations of Medical Cannabis Businesses
4.70.010 Purposes
The purpose of this chapter is to implement California Health and Safety Code Sections11362.5 and 11362.7-11362.83, known respectively as the Compassionate Use Act of 1996 and the Medical Marijuana Program; and to impose limitations on the location of facilities lawfully used for the processing, storage and dispensing of cannabis, other than the cultivation or possession by an individual qualified patient or caregiver at the patient or caregiver’s home. The Compassionate Use Act is the state law removing state law penalties for qualified patients, and those patients’ primary caregivers, for possession and cultivation of a personal amount of medical cannabis for qualified patients. The Medical Marijuana Program Act is the state law that allows qualified patients and caregivers to collectively or cooperatively cultivate their medical marijuana. The purpose of this chapter is also to enact reasonable business and zoning limitations or other restrictions applicable to the cultivation and distribution of medical cannabis based on the needs of Sacramento County and its residents. This chapter is intended:
a. To fulfill the purpose of the Compassionate Use Act to “implement a plan for the safe and affordable distribution of cannabis to all patients in medical need of cannabis” in accord with the Medical Marijuana Program Act to provide a well regulated program for patients and caregivers acting collectively or cooperatively to cultivate and obtain their marijuana.
b. To help ensure that seriously ill residents of Sacramento County can obtain and use cannabis for medical purposes where that medical use has been deemed appropriate and recommended or approved by a physician who has determined the patient’s health would benefit from the use of cannabis in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraines, or any other serious illness or condition for which cannabis provides relief.
c. To create a mandatory registration administrative process for a limited number of medical cannabis dispensaries to serve qualified patients in Sacramento County in accordance with state law. Nothing in this Chapter purports to permit activities that are otherwise illegal under Federal, State or local law. Nor shall any provision of this Chapter be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the state, or local municipality in Sacramento County.
d. To protect citizens from the adverse impacts of irresponsible or illicit medical cannabis distribution, handling, and storage.
e. To provide additional revenue to the County of Sacramento for use in the areas of public safety, education, and healthcare.
f. To impose further limitations on medical marijuana dispensaries beyond those imposed under the Medical Marijuana Program Act, and in no way to permit or authorize activity prohibited by state or federal law.
4.70.020 Definitions
a. “Board” means the California State Board of Equalization.
b. "Cannabis" means "marijuana" as defined in Health and Safety Code Section 11018 and "concentrated cannabis" as defined in Section 11006.5.
c. “Collector” means the Tax and License Collector’s Office for the County of Sacramento.
d. “County” means the County of Sacramento.
e. “Location” means the lot, or parcel, or portion of a lot or parcel that is used by a medical cannabis dispensary
f. "Medical cannabis" means cannabis that is grown and sold pursuant to the provisions of this chapter and California Health and Safety Code Sections 11362.5 and 11362.7-11362.83, including all infusions of cannabis products containing the active ingredients of the cannabis plant.
g. “Medical cannabis dispensary” means any organization operating in a facility, building, structure or location, other than a private residence where medical cannabis is grown for personal use and not for sale, where medical cannabis is processed, stored, transferred and/or dispensed to facilitate transactions amongst its membership in a retail setting, where a Seller’s Permit is required by the State Board of Equalization, composed of individuals who are qualified patients or designated primary caregivers of qualified patients (individually and collectively referred to as "member(s)") who associate collectively or cooperatively to facilitate the cultivation of medical cannabis, in accordance with California Health and Safety Code Sections 11362.5 and 11362.7-11362.83.
h. “Medical cannabis transfers” means:
1. The transfer of medical cannabis from a primary caregiver to that primary caregiver's qualified patient for such consideration as is sufficient to reimburse that primary caregiver for the primary caregiver's out-of-pocket expenses and for the primary caregiver's services; or
2. Transfers of medical cannabis among qualified patients or primary caregivers facilitated through an association of those qualified patients and primary caregivers who are operating as a dispensary, cooperative or collective.
i. “Overhead Expenses” means all expenses incurred by the dispensary including accounting, advertising, cultivation materials and equipment, depreciation, insurance, legal fees, mortgage payments, rent, repairs, supplies, taxes, utilities, volunteer compensation and reimbursements, wages, fees paid to comply with the requirements of this Chapter, and any other cost associated with the operations of the dispensary.
j. "Person" includes any individual, cooperative, firm, co-partnership, joint adventure, association, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number.
k. "Playground" means any outdoor facility (including any parking lot appurtenant thereto) intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children including, but not limited to, sliding boards, swingsets, and teeterboards.
l. “Registrant” means any person registered by the County Tax and License Collector’s Office as a medical marijuana dispensary.
m. “Registration list” means a list of registered medical cannabis dispensaries maintained by the Tax and License Collector’s Office pursuant to this division.
n. “Registered dispensary” means any person listed on the registration list maintained by the Tax and License Collector’s Office pursuant to this division.
o. “Restricted access area” means a building, room or other contiguous area upon the premises subject to registration where medical cannabis is stored, weighed, displayed, processed, packaged, sold or possessed for dispensing to qualified patients.
p. “Retail dispensing” means the transfer of cannabis and goods or merchandise containing cannabis between qualified patients or caregivers from a physical location where it is necessary to obtain a Seller’s Permit from the State Board of Equalization.
q. “Overhead Expenses” means all expenses incurred by the dispensary including accounting, advertising, cultivation materials and equipment, depreciation, insurance, legal fees, mortgage payments, rent, repairs, supplies, taxes, utilities, volunteer compensation and reimbursements, wages, fees paid to comply with the requirements of this Chapter, and any other cost associated with the operations of the dispensary.
r. “School” refers to learning institutions serving K-12 student populations.
s. “Youth Oriented Facilities” means any zoned location where the sole purpose is for activities solely for youth under 18 years of age.
Section 4 General Provisions
4.70.030 Medical cannabis dispensaries
a. Pooling of Resources Recognized. The County of Sacramento recognizes that some qualified patients may not have primary caregivers and also may not be able to undertake all the physical activities necessary to cultivate cannabis for personal medical use. Accordingly, this section recognizes that qualified patients may join together with or without primary caregivers to form medical cannabis dispensaries for the purpose of acquiring in a retail setting, or cultivating and manufacturing medical cannabis solely for the personal medical use of the members who are qualified patients. The County recognizes that not all members of medical cannabis dispensaries will perform the same tasks or contribute to the collective in an equal manner. Accordingly, medical cannabis dispensaries are free to decide how to best pool their resources and divide responsibilities in cultivating medical cannabis for the personal medical use of their members who are qualified patients.
b. Restriction on Membership. Membership in a medical cannabis dispensary must be restricted to qualified patients and primary caregivers. However, primary caregivers shall not be allowed to obtain cannabis for their own personal use unless they are also a qualified patient. Qualified patients must be verified through personal contact of the recommending physician (or his or her agent). The medical cannabis dispensary must also verify the identity of the physician, as well as his or her licensing status. Members are required to agree in writing to not distribute marijuana to non-members; and not to use cannabis obtained from the dispensary for non-medical purpose. Membership records must be maintained, and kept reasonably available, and photocopies must be kept of physician recommendations and/or identification card for all patients with their membership records. Medical cannabis dispensaries must track when members’ physician recommendation expires, and enforce conditions of membership by excluding persons whose physician recommendations are invalid or expired; or who are caught diverting cannabis for non-medical use.
c. Restriction on Distribution to Non-Members. Medical cannabis dispensaries formed as collectives or cooperatives and each member thereof, shall not sell, barter, give away, or otherwise distribute cannabis obtained through the medical dispensary to non-members.
d. Restriction on Holding a Liquor License. A registered dispensary shall not hold or maintain a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages, or sell any alcoholic beverages.
e. Amount of Dried Cannabis and Plants. Medical Cannabis Dispensaries may possess a reasonable quantity of dried cannabis and cannabis plants to meet the needs of their patient members. Medical cannabis dispensaries shall not accumulate more cannabis than is necessary to meet the personal medical needs of their Qualified Patients.
f. Medical cannabis dispensaries are required to submit a Mandatory Registration Application to the Tax and License Collector’s Office.
g. One (1) medical cannabis dispensary per 25,000, or fraction thereof, residents of the unincorporated area of Sacramento County shall be registered, calculated and registered by Board of Supervisors District Map population to ensure appropriate patient access in all areas of Sacramento County excluding municipalities, as determined by the last Federal Census or as determined by the latest population estimate of the Department of Finance of the State of California. Registrations will be limited to the population of each Board of Supervisors District to reflect the amount dispensaries in operation within any single Board of Supervisors District to assure access is spread evenly throughout the County. The Sacramento County Board of Supervisors may increase, but not decrease, the number of medical cannabis dispensaries allowed in the unincorporated County, in its discretion, at any time by resolution should need arise, or certain portions of the population are underserved.
h. A separate supplemental sales and use tax of a maximum rate of four percent (4%) is hereby imposed upon the retail dispensing of medical cannabis in Sacramento County.
i. Every medical cannabis dispensary, as defined in 4.70.020 of this Chapter shall pay an annual supplemental sales and use tax as follows:
1. On and after January 1, 2013, four percent (4%) of each dollar of gross receipts for the reporting period.
2. Notwithstanding the tax rate imposed in subsection i.1, the Sacramento County Board of Supervisors may, in its discretion, at any time by resolution implement any lower tax rate it deems appropriate, and may by resolution increase such tax rate from time to time, not to exceed the maximum tax rate established under subsection i.1.
j. A person whose medical cannabis dispensary Mandatory Registration Application has been approved or deemed approved shall not be subject to arrest, prosecution, or other criminal, civil, or administrative sanctions under state or local law for the sale, possession, processing, manufacturing, lab testing, transportation, delivery, distribution or cultivation of medical marijuana conducted pursuant to the provisions of this article. Persons using marijuana medicinally pursuant to Section 11362.5 are entitled to the same rights and protections from civil and criminal liability as users of prescription drugs under California law.
4.70.040 Requirements for Medical Cannabis Dispensary Registration
a. It shall be unlawful for any person to act as a medical cannabis dispensary without registering for the location at which retail medical cannabis dispensing is to occur. No person will be registered for retail dispensing of medical cannabis at other than a fixed location. No registration will be allowed for retail dispensing of medical cannabis from vehicles.
b. Nothing in this chapter shall be construed to grant any registrant any status or right other than the right to be identified on the County’s registration list. Nothing in this chapter shall be construed to render inapplicable, supersede or apply in lieu of any other provision of applicable State of California law.
c. The provisions of this chapter are in addition to those of Chapter 4.06 of this Code. A registered medical cannabis dispensary shall be subject to the requirements of both Chapter 4.06 and this chapter. (SCC 1273 § 1 (part), 2004).
4.70.050 Application Process
All applications for registration shall be submitted to the Tax and License Collector in the name of each person proposing to operate a medical cannabis dispensary and shall be signed by each person or an authorized agent thereof. The application shall be in a form prescribed by the Tax and License Collector, including, but not limited to, the following information:
a. The name, address and telephone number of the applicant.
b. The business name, address and telephone number of the fixed location for which a registration is sought.
c. A complete description of the type, nature and extent of the enterprise to be conducted, with evidence to the Tax and License Collector that the enterprise is a valid organization as detailed in the California Attorney General Guidelines For the Security and Non-Diversion of Marijuana Grown for Medical Use and California State Law.
d. A plan of operations that will describe how the dispensary will operate consistent with State law, the provisions of the Chapter, and the California Attorney General Guidelines For the Security and Non-Diversion of Marijuana Grown for Medical Use, including but not limited to:
1. Controls to verify membership in the medical cannabis dispensary to ensure medical cannabis will only be dispensed to qualified patient members and their primary caregivers;
2. Controls to acquire, possess, transport, and distribute cannabis to and from its members, and plans to ensure marijuana is accessed as part of a closed-circuit of cannabis cultivation and consumption.
3. Accounting procedures to ensure that the medical cannabis dispensary is operating consistent with California state law.
4. Planned employment practices.
e. A security plan, as a separate document, outlining the proposed security arrangement for ensuring the safety of persons and to protect the premises from theft. Security plans shall be exempt from disclosure as a public record pursuant to Government Code Section 6255(a).
f. Whether or not the owner of the enterprise has previously been registered as a medical marijuana dispensary pursuant to this chapter that is, or was at any time, suspended or revoked and, if so, the dates of the suspension period or the date of revocation.
g. Such other information as either the Applicant, or the Tax and License Collector deems necessary for the administration or enforcement of this chapter. (SCC 1273 § 1 (part), 2004)
h. General business licenses will be made available to potential registrants directly following the effective date of this Act, in order to be submitted with all Medical Cannabis Dispensary Mandatory Registration Applications. The Tax and License Collector will then make available to the public a special Medical Cannabis Dispensary Mandatory Registration Application thirty (30) days following the effective date of this Act and will notice its availability on the County’s website. Applicants will then have sixty (60) days from the time when the application is made public to submit completed applications. The Tax and License Collector will then have sixty (60) days from that deadline to inform applicants by certified mail if their registration has been added to the registration list or denied.
4.70.060 Issuance and Renewal of Registration
a. Upon the receipt of an application for a registration, the Tax and License Collector shall register the medical marijuana dispensary unless:
1. The application is incomplete or inaccurate; or an applicant has failed to provide information reasonably necessary for completion of registration or has knowingly answered a question or request for information falsely on the application form.
2. An applicant or any of its officers, directors, or stockholders has been convicted of a violent felony, or felony involving fraud or deceit, in the last ten years.
3. An applicant is employing, assisted by, or financed in whole or in part by any person who has been convicted of a violent felony, or felony involving fraud or deceit, in the last ten years.
4. The application seeks registration for a medical cannabis dispensary at a location that is within 1000 ft. of a public or private school, park that contains a playground, or youth-oriented facility; or an address that is not in a commercial or industrial zone, or its equivalent as may be amended, by the County.
5. The application is for a medical cannabis dispensary at a location that appears on the registration list that is suspended, has been revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of this chapter; provided, however, this subparagraph shall not constitute a basis for denial of a registration if either or both of the following apply:
A. The applicant provides the County with documentation demonstrating that the applicant had acquired or is acquiring the premises or business in an arm’s length transaction. For the purposes of this subparagraph, an “arm’s length transaction” is defined as a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter that occurred at the location, is presumed not to be an “arm’s length transaction”;
B. It has been more than five years since the most recent registration for that location was revoked;
6. The application seeks registration for a medical cannabis dispensary that is unlawful pursuant to this Code, or that is unlawful pursuant to any other local or state law; or,
7. The Tax and License Collector has information that the applicant or his or her agents or employees have violated any local, state or medical cannabis control law at the location for which the registration or renewal of the registration is sought within the preceding thirty-day (30) period, except where section 4.70.130 (b)(1) is applicable.
8. There are grounds for denial pursuant to Chapter 4.06 of this Code.
9. No General Business License has been granted for the organization pursuant to Chapter 4.06 of this Code.
10. No State of California Seller’s Permit has been granted for the organization.
11. An applicant is under twenty-one years of age.
12. An applicant is a licensed physician making patient recommendations.
13. An applicant, or the medical cannabis facility location for which the applicant is applying for registration, fails to meet the requirements of this chapter.
14. The Collector will register medical cannabis dispensaries as he or she, in his or her discretion, determine will best promote the public interest, however, the Collector will fill all available slots for registrations from the pool of eligible applicants. The public interest shall be deemed best promoted by the apportionment of services in a manner which assures the most comprehensive, reliable and professional services. In determining what best promotes the public interest, the Collector shall consider such factors as the economics of medical cannabis dispensaries; the benefits, if any, of competition; the socio-economic composition of the population served; the geographic population distribution; the medical cannabis dispensary service capacity possessed by registrants; and the capital investment required to provide medical cannabis dispensing services. In the event there are more applications for registrations to operate dispensaries than the limitation in subdivision (a) of this section allows, the qualified applicant or applicants to whom is/are registered shall be selected by the Tax Collector based on his or her discretion as to which applicant would least impact the peace, order and welfare of the public. Once all available number of applications are registered, no applications will be accepted or considered until such time as an additional registration slots becomes available. When the additional registration becomes available, applications will then be taken and will be considered as provided herein upon the timely filing of a new application therefore. For purposes of this subdivision of this section, the unrevoked, valid, and unexpired registration of a Dispensary Registrant who has filed a timely application for renewal of the registration is not considered an additional registration available until the renewal application has been denied and the appeal thereof, if any, has become final.
b. Registration listing shall be valid for two years and an application for renewal must be filed not later than thirty (30) days prior to the expiration of the registration, but no earlier than sixty (60) days prior to the expiration of the registration. Unless revoked on an earlier date, all registrations shall expire two years after the date of being registered. A registration may be renewed for additional periods of two years by submitting an application to the Tax and License Collector and payment of the applicable registration fee; provided, however, a registration that is suspended, has been revoked, or is subject to suspension or revocation proceedings shall not be renewed. The application and registration fee shall be submitted at least thirty (30) days, but not more than sixty (60) days, prior to the expiration of the current valid registration. The applicant shall follow all of the procedures and provide all of the information required by Section 4.70.050. The Tax and License Collector shall process the application according to the provisions of this section. Provided that an application is made within the time period required by this subdivision, a registrant may continue the sale of medical cannabis products pending a determination of the Tax and License Collector to renew or disapprove the registration.
c. Where the Tax and License Collector does not approve a registration or renewal of a registration, the procedures for denial, including appeals therefrom, of Chapter 4.06 of this Code shall apply. (SCC 1273 § 1 (part), 2004)
4.70.070 Display of Registration Information and Public Health Information
a. Each registrant shall prominently display in a publicly visible location at the registered premises a letter from the Tax and License Collector’s Office stating that they have been added to the County’s registration list.
b. The medical cannabis dispensary shall, within sixty (60) days of the issuance of the registration, post, and thereafter maintain signs within the facility where they may be easily read by members. Each sign shall be white with black lettering and shall comply with the following regulations regarding text, size, and content:
Sign 1: Font size at least 1 inch; Overall size at least 18” by 24”
1. YOU HAVE THE RIGHT TO HAVE YOUR MEDICINE REWEIGHED AND SUPPLEMENTED IF IT IS UNDER THE STATED WEIGHT AT THE TIME OF PURCHASE.
2. THIS DISPENSARY MUST CONFIRM YOUR MEDICAL MARIJUANA RECOMMENDATION OR APPROVAL WITH YOUR DOCTOR.
3. THE SALE OF MARIJUANA AND THE DIVERSION OF MARIJUANA FOR NON-MEDICAL PURPOSES ARE VIOLATIONS OF STATE LAW.
Sign 2: Font size at least 1 inch;
TO REGISTER COMPLAINTS OR COMPLIMENTS ABOUT THIS DISPENSARY, CONTACT: THE COUNTY OF SACRMENTO (916) 874-6644
Sign 3: Font size at least 1 inch; Overall size at least 18” by 24”
1. THE USE OF MARIJUANA MAY IMPAIR A PERSON’S ABILITY TO DRIVE A MOTOR VEHICLE OR OPERATE HEAVY MACHINERY.
2. NEITHER THE STATE OF CALIFORNIA OR THE COUNTY OF SACRAMENTO, NOR ANY OTHER GOVERNMENTAL AGENCY HAS TESTED OR INSPECTED ANY CANNABIS PRODUCT FOR PESTICIDES, OR OTHER REGULATED CONTAMINANTS, DISTRIBUTED AT THIS LOCATION.
Sign 3: Font size at least 1 inch; Overall size at least 18” by 24”
1. LOITERING AT THE LOCATION OF A MEDICAL CANNABIS DISPENSARY FOR AN ILLEGAL PURPOSE IS PROHIBITED BY CALIFORNIA PENAL CODE 647(h).
2. SMOKING, INGESTING OR CONSUMING MARIJUANA ON THIS PROPERTY OR WITHIN 100 FEET OF THE DISPENSARY IS PROHIBITED.
Sign 4: Font size at least 1 inch; Overall size at least 18” by 24”
1. THIS MEDICAL CANNABIS DISPENSARY IS ON THE OFFICIAL REGISTRATION LIST WITH THE COUNTY OF SACRAMENTO.
2. JUVENILES ARE PROHIBITED FROM ENTERING THIS PROPERTY UNLESS THEY ARE A QUALIFIED PATIENT OR A PRIMARY CAREGIVER AND THEY ARE IN THE PRESENCE OF THEIR PARENT OR LEGAL GUARDIAN.
4.70.080 Signage and Advertising Restrictions
The exterior signage for the medical cannabis dispensary shall be limited to one wall sign not to exceed ten (10) square feet in area, and one (1) identifying door or window sign not to exceed two (2) square feet in area. Exterior signs on the dispensary building shall not obstruct the entrance or windows on the dispensary. Signage and any advertising done should not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery that could be considered oriented towards youth.
4.70.090 Quality Assurance Encouraged
The County of Sacramento strongly encourages all qualified patients, primary caregivers, and medical cannabis collectives to consult the available cannabis cultivation literature and to use testing services to ensure that the medical cannabis is free of toxins and molds.
4.70.100 Registration Fee
The fee for registration shall be established by resolution of the Board of Supervisors no later than thirty (30) days after the effective date of this Act, and shall be in addition to the County’s General Business License fee imposed by this Code and supplemental sales and use tax imposed by this Chapter upon the applicant. The registration fee, together with any other applicable fee, shall be paid to the County at the time the Mandatory Registration Application is submitted. The amount of the fee shall be determined on the basis of the costs of the Department of Environmental Management incurs in the enforcement and administration of medical cannabis dispensary laws together with the costs, including the costs of counsel, of the Tax and License Collector incurred in the administration of this chapter. (SCC 1273 § 1 (part), 2004)
4.70.110 Registration Non-Transferable
A medical cannabis dispensary registration is nontransferable. If a registered dispensary changes business location, that registrant must obtain a new registration prior to acting as a medical cannabis dispensary at the new location. If a registered dispensary is forced to change locations due to no fault or desire of their own, such as a landlord selling the building, they will be given sixty (60) days to relocate from the time they notify the Collector’s office, during which time their registration is not considered an available registration unless the registrant surrenders the registration in writing, or fails to submit a valid application for a new location within the allotted sixty (60) days. If a medical cannabis dispensary changes registrant, the new registrant must register for that location before acting as a medical cannabis dispensary. (SCC 1273 § 1 (part), 2004).
4.70.120 Registration Violation
It shall be a violation of a registration for a registrant or his or her agents or employees to violate any local or state medical cannabis-related law. (SCC 1273 § 1 (part), 2004)
4.70.130 Suspension or Revocation of Registration
a. In addition to any other remedy authorized by law, a registration shall be suspended or revoked as provided in this section, if the Tax and License Collector finds, in writing, that the registrant or his or her agents or employees have violated any local or state laws, rules or regulations regarding the dispensing of medical cannabis. Additionally, if a registrant is found to be in violation of any other of the provisions of this chapter or Chapter 4.06 and, upon re-inspection of the registered and certified premises is found, in writing, to be in continued violation, the registration may be suspended or revoked; provided, however, violations by a registrant at one location may not be accumulated against other locations of that same registrant, nor may violations accumulated against a prior registrant at a registered location be accumulated against a new registrant at the same registered location; provided that the new registrant demonstrates, to the satisfaction of the Tax and License Collector that the premises were acquired in an arm’s length transaction. 1. Upon a finding by the Tax and License Collector of a registration violation involving knowingly dispensing medical cannabis to a person who is not a qualified patient, or primary caregiver, the registration shall be revoked.
2. For all other violations of this chapter, the Environmental Management Department may issue a written warning to the registrant regarding the violation and require re-inspection of the premises to determine that the violation has been cured. Costs of re-inspection shall be charged to the registrant. If, after re-inspection, the violation has not been cured, the Environmental Management Department will recommend the Tax and License Collector proceed to suspend or revoke the registration.
b. Notwithstanding Section 4.70.130(a), a registration shall be revoked if the Tax and License Collector finds that either one or both of the following conditions exist: 1. One or more of the bases for denial of a registration under Section 4.70.060 existed at the time application was made, or at any time before the dispensary was added to the registration list. Medical cannabis dispensaries operating prior to the enactment of this chapter are exempt from denial based solely on their prior operation in Sacramento County.
2. The information contained in the Mandatory Registration Application, including supplemental information, if any, is found to be false in any material respect.
c. In the event the Tax and License Collector suspends or revokes a registration, the procedures regarding suspension or revocation, including appeals therefrom, as set forth in Chapter 4.06 of this Code shall apply. d. A registrant for whom a registration suspension is in effect must remove all medical cannabis products from the address that appears on the suspended registration on the registration list. (SCC 1273 § 1 (part), 2004).
4.70.140 Enforcement
a. Any violation of this chapter may be remedied by a civil action brought by the County Counsel. The County may recover reasonable attorney fees and costs of suit in any civil action brought by the County Counsel to remedy any violation of this chapter. If no violation is found, the registrant may recover reasonable attorney fees and costs of defending the action.
b. Any person violating the provisions of this chapter shall also be liable for civil penalties of not less than two hundred fifty dollars ($250.00) or more than twenty-five thousand dollars ($25,000.00) for each day the violation continues.
c. Violations of this chapter are hereby declared to be public nuisances subject to abatement by the County. (SCC 1273 § 1 (part), 2004)
4.70.150 Zoning
a. In order to effectuate the purposes of The Patients Access to Regulated Medical Cannabis Act of 2012, it is hereby necessary to remove Title 1 of the Zoning Code Section 101-14 as inconsistent with the goals of safe and effective zoning.
b. All registered medical cannabis dispensaries shall be located a minimum of 1000 feet distance from parks with playgrounds, schools, and youth oriented facilities.
4.70.160 Applicants Restricted To Sacramento County Residents
Applicants for registration or renewal applicants must be current residents of Sacramento County. The Tax and License Collector can require applicants, or registrants seeking renewal, to present evidence of residence in Sacramento County in the form of state tax filing returns, utilities bills, mortgage or rental agreements for the applicant’s primary residence. New Applicants will be required to demonstrate Sacramento County residency for one year prior to the initial application, and renewal Applicants will be required to demonstrate Sacramento County residency for the previous two years.
4.70.170 Severability
Should any provision of this chapter, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance and, to that end, the provisions hereof are severable.
(Last Updated at 7:11 am on Tuesday, January 17th to be filed at 2:15 pm on January 17th)
