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062111 Board of Supervisors - Robey and Green Proposed Medical MJ Dispensary Draft

062111 Board of Supervisors - Robey and Green Proposed Medical MJ Dispensary Draft

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Published by: LakeCoNews on Jun 27, 2011
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06/27/2011

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RevisedDraft (April 13, 2011)MODEL ORDINANCE REGULATINGMEDICAL MARIJUANA DISPENSARIES IN LAKE COUNTYPur pos e
The purpose of this ordinance is to implement Proposition 215, codified atCalifornia HealthandSafety Code Section 11362.5 and knownas the CompassionateUse Act of 1996, and also SB-420,codified at California Health
and Safety Code Section 11362.7-11362.83and known as the MedicalMarijuana Program Act,a state law passed to clarify and help further implement theCompassionate Use Act.
 
This dispensary ordinance is intended:
A
.
To help ensure that Lake County residents can safety obtain and use marijuana for medicalpurposes where that medical use has been deemed appropriate
by a physician in accordance withCalifornia law
.
B
.
To help ensure that the qualified patients and their primary caregivers who obtain or 
 
cultivatemarijuana solely for the qualified patient's medical treatment are not subject to arrest, criminalprosecution,or sanction
.
C
.
To protect citizens from the adverse impacts of irresponsible medical marijuana
 
distribution,storage, and use practices
.
D
.
To establish a new section in the zoning ordinance pertaining to the permitted
distribution of medical marijuana in the County of Lakeconsistent with state law
.
Definitions
The following words or phrases, when used herein, shall be given the followingdefinitions:
A
.
“Medical marijuana dispensary” or “dispensary” means any storefront facility which distributes,transmits, gives, or otherwise provides medical marijuana to qualified patients or primarycaregivers in accordance with California Health and Safety Code section 11362.5 through section11362.83, inclusive, commonly referred to as the Compassionate Use Act of 1996 and the MedicalMarijuana Program.
B
. A medical marijuana “collective” or “cooperative” means an organization that facilitates thecollaborative efforts of patient and caregiver members – including the allocation of costs andrevenues. A medical marijuana patient growing “collective" or “cooperativethat does notoperate as a storefront dispensary is exempt from the provisions of this ordinance.
C. “Physician” means a state licensed medical doctor or osteopath.
D
.
“Qualified patient” as used herein shall meana personwho has a State of California Medical
 
Marijuana Identification Card or a written recommendation to use marijuana for 
medical purposes
from a physicianlicensed to practice in the State of California and who is entitled to the protectionsof Section 11362.5 of the California Health and Safety Code (Proposition 215, the CompassionateUse Act of 1996).E
.
“Primary caregiver” means the individual designated by a qualified patient to obtain, possessand/or cultivate marijuana for the qualified patient, andwho has consistently assumedresponsibility for the housing, health, or safety of that person.
 
F. “Planning Director” means the Director of Community Development, or an Assistant Planner designated by the Director of Community Development.G. “Attorney General’s Guidelines” means the August 2008 California Attorney General’s “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use” and any subsequent medicalmarijuana guidelines issued by the California Attorney General.
Dispensary License Required to Operate
No dispensary may open or remain open without a current Dispensary License obtained fromthe County of Lake. Any Dispensary License issued shall not be valid until the licensee pays allassociated fees.
Limitation on Number of Dispensariesand Term of License
A. As of the effective date of this Ordinance, fifteen (15) dispensaries shall be allowed andgranted Dispensary Licenses. Notwithstanding any other provisions of this ordinance, all thedispensaries currently operating in commercial zoning districts that were operating onSeptember 15, 2009 (the effective date of the dispensary moratorium), shall be allowed tocontinue operating during the application process and shall be granted licenses unless there isclear and convincing evidence that they are not operating in accordance with California law, or are not able to comply with this ordinance, or are located within six hundred (600) feet of aschool, or are generating an inordinate number of well-founded law enforcement calls, or cannotpass a background check as set forth herein.B. On an annual basis, upon payment of annual renewal fees, each dispensary license shall berenewed by the County unless there is clear and convincing evidence that the dispensary is notoperating in accordance with California law or in substantial compliance with this ordinance, or is generating an inordinate number of well-founded law enforcement calls, or cannot pass abackground check as set forth herein. If an existing licensed dispensary fails to renew itslicense in a timely manner, after 15 days written notice from the County, during which time theexisting dispensary can renew its license, the license will become available for anothedispensary. Within 20 days after a dispensary license becomes available, the County will givepublic notice and will accept applications for an available dispensary license for 60 days after such public notice. If there is more than one applicant who passes a background check, theapplications shall be forwarded to the Planning Commission for a decision as to whichapplication to grant. If no one applies for an available dispensary license in the 60 day period,the first to apply after said period shall have his/her application processed before any others areconsidered.
2
 
 
Limitation on Location of Dispensaries
Dispensariesmay be located in commercial zoning districtswhich allow drug stores and retailalcohol sales,and shall be subject to the
same requirementsand land use restrictionsas other lawful businessesin the county, in addition to the provisions of this ordinance. Dispensaries shall belocated at
least six hundred (600) feet from a public or private elementary, middle, or high school,
distance to be measured along the most direct public road or pedestrian pathway.
License Application – Preparation and Filing
A. Application Filing. A complete Medical Marijuana Dispensary License application packet shallbe submitted, including all required fees. The application and all materials required by the Countyshall be based on the requirements of this ordinance. All applications shall be filed with thePlanning Department, using forms provided by the County, and accompanied by the applicablefiling fees. It is the responsibility of the applicant to provide information required for approval of thelicense. The application shall be made under penalty of perjury.B. Eligibility for Filing. Applications may only be filed by the owner of the subject property, or by aperson or entity with a lease signed by the owner or duly authorized agent of the owner allowingthem to occupy the property for the use of a dispensary.C. Filing Date. The filing date of any application shall be the date when the County receives thelast submission of information or materials required in compliance with the submittal requirementsspecified herein.D. Effect of Incomplete Filing. Upon written notification that an application submittal is incomplete,the applicant shall be granted a 30 day extension of time to submit all materials required tocomplete the application. If the application remains incomplete after the 30 days, the applicationshall be deemed withdrawn, a new application shall be required, and the County shall so notify theapplicant. The time period for granting or denying an application shall be stayed during the periodin which the applicant is granted an extension of time.E. Effect of Other Permits or Licenses. The fact that an applicant possesses other types of state or County permits or licenses does not exempt the applicant from the requirement of obtaining aDispensary License.
Criteria for Review of Dispensary Applications byPlanning Department
A. Decision on Application. Upon an application for a Dispensary License being deemed complete,the Planning Director, within 30 days, or the Planning Commission on appeal of a decision of thePlanning Director, shall either issue a Dispensary License or deny a Dispensary License inaccordance with this ordinance. A denial shall be in writing, with a complete explanation of thereasons for the denial.B. Criteria for Issuance. The Planning Director, or the Planning Commission on appeal, shall
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