To the Honorable Mayor and the Honorable City Council of The City of Imperial Beach:
We, the undersigned, registered, qualified voters of the City of Imperial Beach, California, by this petition hereby respectfully propose the following legislative act be adopted by the City Council or submitted to the registered voters of The City of Imperial Beach for their adoption or rejection, and request that a ballot title and summary be prepared:
NOTICE OF INTENT TO CIRCULATE PETITION
Notice is hereby given of the intention of the person(s) whose name(s) appear(s) hereon to circulate a petition within the City of Imperial Beach for the purpose of amending the Muncicipal Code of the City of Imperial Beach with the Safe Access Ordinance of Imperial Beach.
SAFE ACCESS ORDINANCE OF IMPERIAL BEACH
WHEREAS voters approved Proposition 215 in 1996 to ensure that seriously ill Californians have the right to obtain and use cannabis for medical purposes and to encourage elected officials to implement a plan for the safe and affordable distribution of medicine; and
WHEREAS the California State Legislature adopted Senate Bill 420, the Medical Marijuana Program Act, in 2003 to help clarify and further implement Proposition 215 in part by authorizing patients and primary caregivers to associate within the State of California in order to collectively or cooperatively cultivate cannabis for medical purposes; and
WHEREAS the California Attorney General published “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Purposes” in 2008, acknowledging that “a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law,” provided the facility substantially complies with state law; and
WHEREAS crime statistics and the accounts of local officials surveyed by Americans for Safe Access indicate that crime is actually reduced by the presence of a Medical Cannabis Dispensing Collective (MCDC); and complaints from citizens and surrounding businesses are either negligible or are significantly reduced with the implementation of sensible regulations; and
WHEREAS California courts upheld the legality of MCDC’s under state law, including People v. Hochanadel, 98 Cal.Rptr.3rd 347, and People v. Urziceanu, 132 Cal.App.4th 747;
THEREFORE, BE IT RESOLVED that the City of Imperial Beach does hereby enact the following:
Section 1. TITLE
These provisions of the City of Imperial Beach Municipal Code shall be known as the Safe Access Ordinance of Imperial Beach.
Section 2. PURPOSE AND INTENT
To implement the provision of California Health and Safety Code Sections 11362.5 and 11362.7, et seq., as described by the California Attorney General in “Guidelines For The Security And Non-diversion Of Marijuana Grown For Medical Use,” published August 2008, which states in Section IV(C)(1) that “a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law,” provided the facility substantially complies with the guidelines.
To help ensure that seriously ill Californians and residents of the City of Imperial Beach can obtain and use cannabis for medical purposes where that medical use has been deemed appropriate by a physician in accordance with California law.
To help ensure that the qualified patients and their primary caregivers who obtain or cultivate cannabis solely for the qualified patients’ medical treatments are not subject to arrest, criminal prosecution, or sanction.
To protect citizens from the adverse impacts of unregulated medical cannabis distribution, storage, and use practices.
To establish a new section in the Imperial Beach Municipal Code pertaining to the permitted distribution of medical cannabis in the city of Imperial Beach consistent with state law.
To repeal ordinances 2011-1118 (Amended) and 2011-1119 of the City of Imperial Beach municipal code that pertains to the distribution of medical cannabis in the city of Imperial Beach as to not frustrate the purpose and intent of Proposition 215 and SB 420.
Nothing in this ordinance purports to permit activities that are otherwise illegal under state and local law.
Section 3. DEFINITIONS
“Identification card” means the same as it is defined in California Health and Safety Code Section 11362.7.
“Medical Cannabis Dispensing Collective” or “MCDC” means two or more qualified patients or persons with identification cards who associate, as an incorporated or unincorporated association, within the City of Imperial Beach, in order to collectively or cooperatively provide medical marijuana from a licensed or permitted location pursuant to this Chapter for use exclusively by their registered members, in accordance with California Health and Safety Code Sections 11362.5 and 11362.7., et seq.
“Person with an identification card” means the same as it is defined in California Health and Safety Code Section 11362.7.
“Primary caregiver” means the same as it is defined in California Health and Safety Code Section 11362.7.
“Qualified patient” means the same as it is defined in California Health and Safety Code Section 11362.7.
Section 4. ORDINANCES REPEALED
(1) Chapter 4.60 (Medical Marijuana Distribution Facilities) of the Imperial Beach Municipal Code is hereby repealed.
(2) Chapter 19.61 (Medical Marijuana Distribution Facilities) of the Imperial Beach Municipal Code is hereby repealed.
Section 5. TAXES AND LICENSING
(1) A Business License pursuant to Chapter 4.04 of the City of Imperial Beach Municipal Code shall be required to establish or operate a Medical Cannabis Dispensing Collective. MCDC sales shall be subject to sales tax in a manner required by state law.
(2) For the purposes of this Section, an application for a license to do business in the City as an MCDC shall be considered by the City to be a license to do business under the laws of the State, and no officer, official, or the City Council shall take any action to deny, revoke or suspend a license to two or more qualified patients or persons with identification cards who associate or seek to associate as an MCDC, except to deny an application for a license to do business that is within 300 feet of a location that already is licensed to do business as an MCDC in the City, to be measured by a straight line between the two locations.
Section 6. LOCATION
The location at which an MCDC distributes medical cannabis must meet the following requirements:
(1) The location must be in a commercial, mixed use or industrial zone appropriate for retail or health care, such as zones C-1, C-3, MU-1, MU-3, C/MU-1 or C/MU-3; and
(2) The location must not be within a 600 foot radius of a school, as measured in Section 11362.768 of the California Health and Safety Code.
Section 7. SHERIFF’S DEPARTMENT AND TRAINING
(1) Upon passage of this act, any services contract for law enforcement services that the City either enters into or renews, either with the San Diego County Sheriff’s Department or any other agency, must require the training materials, handbooks, and printed procedures of the contracted law enforcement agency to be updated to reflect the provisions of this ordinance when providing law enforcement under the services contract. These updated materials shall be made available to Sheriff’s deputies or other contracted law enforcement officers in the regular course of their training and service, and must be provided prior to Sheriff’s deputies or other contracted law enforcement officers in law enforcement services under the contract.
(2) In the event that the City no longer has a services contract for law enforcement services, the City shall provide for its law enforcement officers the training and materials described in Subdivision 1 of this Section.
(3) Training materials under this Section shall include guidance to Sheriff’s deputies or other contracted law enforcement officers that includes the a statement stating that qualified patients, their primary caregivers, and MCDC’s who come into contact with law enforcement shall not be cited or arrested and dried cannabis or cannabis plants in their possession shall not be seized if they are in compliance with the provisions of this Chapter.
Section 8. OPERATIONAL STANDARDS
(1) Signs displayed on the exterior of the property shall conform to existing regulations;
(2) The location shall be monitored at all times by a closed circuit video recording system for security purposes. The camera and recording system must be of adequate quality, color rendition, and resolution to allow the ready identification of any individual committing a crime anywhere on the site;
(3) The location shall have a centrally-monitored alarm system;
(4) Interior building lighting, exterior building lighting and parking area lighting must be in compliance with applicable regulations, and must be of sufficient brightness and color rendition so as to allow the ready identification of any individual committing a crime on site at a distance of no less than 40 feet (a distance that should allow a person reasonable action time upon recognition of a viable threat);
(5) Adequate overnight security shall be maintained so as to prevent unauthorized entry;
(6) Absolutely no cannabis product may be visible from the building exterior;
(7) Any beverage or edible produced, provided, or sold at the MCDC containing cannabis shall be so identified, as part of the packaging, with a prominent and clearly legible warning advising that the product contains cannabis and that it is to be consumed only by qualified patients;
(8) No persons under the age of 18 shall be allowed on site, unless the individual is a qualified patient and accompanied by his or her parent or documented legal guardian;
(9) At any given time, no MCDC may possess more cannabis or cannabis plants than would reasonably meet the needs of its registered patient members;
(10) A sign shall be posted in a conspicuous location inside the structure advising; “The diversion of cannabis (marijuana) for non-medical purposes is a violation of state law and will result in membership expulsion. Loitering at the location of a Medical Cannabis Dispensing Collective is grounds for expulsion. The use of cannabis may impair a person’s ability to drive a motor vehicle or operate heavy machinery.”;
(11) No MCDC may provide medical cannabis to any persons other than qualified patients and designated primary caregivers who are active, registered members of the MCDC and whose status to possess cannabis pursuant to state law has been verified. No medical cannabis provided to a primary caregiver may be supplied to any person(s) other than the qualified patient(s) who designated the primary caregiver;
(12) No outdoor cultivation shall occur at an MCDC location unless it is; a) not visible from anywhere outside of the MCDC property and b) secured from public access by means of a locked gate and any other security measures necessary to prevent unauthorized entry;
(13) No MCDC shall cause or permit the establishment or maintenance of the sale or dispensing of alcohol beverages for consumption on the premises or off-site of the premises;
(14) No dried medical cannabis shall be stored in structures without at least four walls and a roof, or stored in an unlocked vault or safe, or other unsecured storage structure; nor shall any dried medical cannabis be stored in a safe or vault that is not bolted to the floor or structure of the facility; and
(15) Medical Cannabis may be consumed on-site only as follows:
a. The smoking or vaporizing of medical cannabis shall be allowed provided that appropriate seating, restrooms, drinking water, ventilation, air purification system, and patient supervision are provided in a room or enclosed area separate from other MCDC service areas.
b. The maximum occupancy of the on-site consumption area shall meet applicable occupancy requirements.
c. The MCDC shall use an activated charcoal filter, or other device sufficient to eliminate all odors associated with medical cannabis use from adjoining businesses and public walkways. The fan used to move air through the filter shall have the capacity sufficient to ventilate the square footage of the separate room or enclosed area in which medical cannabis use is permitted.
(16) MCDCs must verify that each member (1) is legally entitled to possess or consume medical cannabis pursuant to state law; and (2) is a resident of the State of California.
(17) All MCDC operators, employees, managers, members, or agents, shall be qualified patients. MCDC operators, employees, managers, members, or agents, shall not sell, barter, give away, or furnish medicine to anyone who is not a qualified patient or primary caregiver, registered as a member of the MCDC, and entitled to possess cannabis under state law.
(18) MCDCs shall maintain accurate patient records necessary to demonstrate patient eligibility under the law for every MCDC member, including (1) a copy of the valid driver’s license or Department of Motor Vehicle identification card, (2) a patient registration form, and (3) a current valid letter of recommendation for the use of medical cannabis written by a state-licensed physician. All patient records shall be kept in a secure location, regarded as strictly confidential.
(19) Operating hours for MCDC’s shall not exceed the hours between 6:00 AM and 11:00 PM daily.
Section 9. SEVERABILITY
If any section, sub-section, paragraph, sentence, or word of this ordinance is deemed to be invalid, the invalidity of such provision shall not affect the validity of any other sections, sub-sections, paragraphs, sentences, or words of this ordinance, or the application thereof; and to that end, the sections, sub-sections, paragraphs, sentences, and words of this ordinance shall be deemed severable.
A STATEMENT OF THE REASONS OF THE PROPOSED ACTION AS CONTEMPLATED IN THE PETITION IS AS FOLLOWS:
The citizens of the City of Imperial Beach seek to enact the Safe Access Ordinance of Imperial Beach to ensure that seriously ill Californians and residents of the City of Imperial Beach can obtain and use cannabis for medical purposes, a right guaranteed to them by the Compassionate Use Act of 1996 (CUA) and Senate Bill 420 (MMPA). The Safe Access Ordinance of Imperial Beach ensures safe access to medical cannabis for seriously ill citizens of the City of Imperial Beach by enacting regulations and procedures for medical cannabis dispensing collectives and cooperatives, including zoning restrictions and operational requirements.
Michael Ganey Jr.
Dennis T. Hogan
Michael W. Dennison