HomeMy WebLinkAboutOrdinance 1949 (Cannabis Urgency)ORDINANCE NO. 1949
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL,
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36937(b),
AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD
NEW CHAPTER 10.96 REGULATING CANNABIS BUSINESSES WITHIN
CITY LIMITS, SPECIFICALLY AUTHORIZING BY LICENSE MEDICAL CANNABIS
DELIVERY, MEDICAL CANNABIS PRODUCT MANUFACTURING, AND CANNABIS
TESTING; AND PROHIBITING NONMEDICAL CANNABIS BUSINESSES
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. FINDINGS
WHEREAS, in 2015, the State Legislature adopted the "Medical Marijuana [now "Cannabis"]
Regulation and Safety Act" (MCRSA) establishing a state licensing process for "commercial cannabis
activity," defined as including "cultivation, possession, manufacture, processing, storing, laboratory
testing, labeling, transporting, distribution, or sale of medical cannabis or a medical cannabis product,
except as permitted for qualifying patients and primary caregivers;" and
WHEREAS, detailed regulations for the implementation of MCRSA were subsequently issued by
the State's Department of Food and Agriculture, Department of Fish and Wildlife, Department of Public
Health, Department of Pesticide Regulation, Water Resources Control Board, and by a new "Bureau of
Medical Marijuana Regulations" in the State Department of Consumer Affairs; and
WHEREAS, on November 8, 2016, the voters of the State of California enacted Proposition 64,
the "Control, Regulate and Tax Adult Use of Marijuana Act" (AUMA), to allow for nonmedical adult use
of cannabis, and implementing regulations were subsequently developed by the state agencies for this
act as well; and
WHEREAS, the State of California will begin to accept applications and issue licenses for a wide
range of commercial cannabis activities on January 2, 2018, but will base its action on each license
application, in part, on the provisions of commercial cannabis activity regulations, if any, adopted by the
local jurisdiction in which the commercial cannabis activity would be located; and
WHEREAS, in July 2017, the Governor signed Senate Bill 94, entitled the "Medical and Adult -Use
Cannabis Regulation and Safety Act" (MAUCRSA), which took effect immediately. The MAUCRSA
directed that the MCRSA's medical cannabis regulations be coordinated with AUMA's nonmedical
cannabis regulations; and
WHEREAS, the governing State agencies only issued their newly revised regulations on
November 16, 2017, under their emergency rule making process; and
WHEREAS, having only had access to the nearly 300 pages of final state regulations since
November 16, the City of San Rafael has had insufficient time to develop and adopt comprehensive
regulations to govern commercial cannabis activities within the city limits in advance of the January 1,
2018 onset of state licensing; and
WHEREAS, in order to limit commercial cannabis activities in the City of San Rafael to those
determined by the City Council to be beneficial rather than detrimental to the residents, workers and
visitors in the City, the City Council finds that it is necessary for the immediate preservation of the public
peace, health or safety to adopt on an urgency basis, pursuant to Government Code Section 36937(b),
the limited regulations set forth in this ordinance specifying the types of commercial cannabis activities
that will be allowed or prohibited to operate in San Rafael starting on January 2, 2018;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS
FOLLOWS:
DIVISION 2. MUNICIPAL CODE AMENDMENT.
Title 10 of the San Rafael Municipal Code, entitled "BUSINESSES, PROFESSIONS, OCCUPATIONS,
INDUSTRIES AND TRADES," is hereby amended to add new Chapter 10.96 entitled "Medical Cannabis
Business," to read in its entirety as follows:
10.96.010 — Purpose and Intent
It is the purpose and intent of this chapter to provide for the orderly regulation of the
medical commercial cannabis industry within the City of San Rafael with the intent of
encouraging economic growth and job creation while protecting the public health,
safety and welfare of the residents and patients of the city. The City Council may adopt
by resolution any regulations or policies that will further the purpose of this chapter,
and that do not conflict with the provisions herein.
It is also the purpose and intent of this chapter to prohibit all non-medical commercial
cannabis activity within the City.
All definitions, authority, scope, responsibilities, requirements, standards, conditions,
exemptions, procedures and penalties described within state law are adopted and
incorporated.
Sec. 10.96.020 - In General
The Economic Development Director or her/his designee shall administer and enforce
the provisions of this Chapter, applicable state law, and the rules and regulations
promulgated by the State Department of Public Health and Department of Consumer
Affairs Bureau of Cannabis Control or other state designated regulatory authority. This
Chapter and the regulations contained herein apply to the entire City.
10.96.030 - Findings
The San Rafael City Council finds:
1. Since 1996, marijuana for personal medicinal purposes, when
recommended by a physician, has been legal in the State of California; and
2. In 2016, California voters enacted Proposition 64, intended to create a
comprehensive system to legalize, control, and regulate the cultivation,
processing, manufacture, distribution, testing, and sale of non-medical
cannabis, including cannabis products, for use by adults 21 years and older,
and to tax the cultivation and retail sale of cannabis for non-medical use;
and
3. In 2017, the Governor signed a bill to combine the regulation of both
medical and non-medical cannabis under one umbrella licensing and
regulatory system, entitled the "Medical and Adult -Use Cannabis Regulation
and Safety Act" (MAUCRSA or Act); and
4. The Act does not limit the authority of a local governing body to adopt and
enforce local ordinances regulating businesses licensed under the Act or to
completely prohibit such businesses within the local jurisdiction to the full
extent authorized to a local agency by the Act; and
5. The use, cultivation, distribution, production, possession and transportation
of marijuana or cannabis remains illegal under Federal law, and marijuana
remains classified as a "controlled substance" by both California and Federal
law; and
6. This City Council does not have the authority to, and nothing in this Chapter
is intended to, authorize, promote, condone or aid the production,
distribution or possession of cannabis in violation of any applicable law; and
7. The City Council intends to prohibit all non-medical commercial cannabis
activity within the City limits; and
8. The City Council intends to regulate the use, acquisition, cultivation,
production, and distribution of medical commercial cannabis activity in a
manner that is consistent with the California Constitution and the Act. The
regulations are intended to apply to all medical cannabis operations in the
city by any medical cannabis business licensed under the state law. Medical
commercial cannabis activity can have an impact on health, safety, and
community resources, and this Chapter is intended to license medical
cannabis businesses where it will have a minimal impact; and
9. To the extent that medical cannabis businesses are registered and
authorized by the State of California to operate in the corporate limits of the
city, the City Council desires to provide for their licensing and regulation to
protect the public health, safety and general welfare of the citizens of the
city; and
10. This chapter is to be construed to protect the public over medical cannabis
business interests. Operation of a medical cannabis business is a revocable
privilege and not a right in the city. There is no property right for an
individual or business to have a medical cannabis business in the city; and
11. Medical cannabis is a heavily regulated industry in the city, and the city has
a zero tolerance policy for violations of this chapter.
10.96.040 — Definitions
For the purpose of this chapter, unless the context clearly requires a different meaning,
the words, terms, and phrases set forth in this section shall have the meanings given
them in this section:
A. "Act" means the Medical and Adult -Use Cannabis Regulation and Safety Act
(MAUCRSA).
B. "Applicant" means an owner of the applicant entity applying for a City and state
license.
C. "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 cannabis. "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 division, "cannabis" does not mean "industrial hemp" as
defined by Section 11018.5 of the Health and Safety Code
D. "Cannabis business" means any business that engages in commercial cannabis
activity.
E. "Cannabis Distribution" means the procurement, sale, and transport of
cannabis and cannabis products between entities licensed pursuant to state
regulations.
F. "Cannabis Processing" means any method used to prepare cannabis or its
byproducts for commercial sale, including but not limited to: drying, cleaning,
curing, packaging, and extraction of active ingredients to create cannabis
related products and concentrates.
G. "Cannabis products" has the same meaning as in Section 11018.1 of the Health
and Safety Code.
H. "Commercial cannabis activity" includes the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, packaging,
labeling, transportation, delivery or sale of cannabis and cannabis products as
provided for in Business and Professions Code section 26000 etseq..
"Cultivation" means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis.
J. "Delivery" means the commercial transfer of cannabis or cannabis products to a
customer. "Delivery" also includes the use by a retailer of any technology
platform.
K. "Dispensary" means a facility where cannabis, cannabis products, or devices for
the use of cannabis or 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, cannabis and cannabis
products as part of a retail sale.
L. "License" refers to any one (1) of the licenses described in Section 10.96.050
that specifically authorizes a person to conduct medical commercial cannabis
activity in the City.
M. "Licensee" means a person issued a state license under the Act to engage in
medical cannabis business or a person issued a cannabis business license under
Section 10.96.050 of this Chapter.
N. "Licensing authority" means the state agency responsible for the issuance,
renewal, or reinstatement of the state license, or the state agency authorized to
take disciplinary action against the licensee.
0. "Local licensing authority" means the Economic Development Director or
her/his designee charged with the administration of this chapter.
P. "Manufacturer" means a licensee that conducts the production, preparation,
propagation, or compounding of cannabis or 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 cannabis or cannabis products or labels or
relabels its container.
Q. "Medical cannabis" or "medicinal cannabis" means cannabis or a cannabis
product, respectively, intended to be sold for use pursuant to the
Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of
the Health and Safety Code, by a medicinal cannabis patient in California who
possesses a physician's recommendation.
R. "M -License" means a state license issued for commercial cannabis activity
involving medicinal cannabis.
S. "Non-medical Cannabis" means all uses of cannabis not included within the
definition of medical cannabis.
T. "Premises" means the designated structure(s) and land specified in the
application that is owned, leased, or otherwise held under the control of the
applicant or licensee where commercial cannabis activity is defined in
subdivision (k) of section 26001 of the Business and Professions Code will be or
is conducted. The premises shall be a contiguous area and shall only be
occupied by one licensee.
U. "State" means the State of California.
V. "State license" means a state license issued pursuant to California Business &
Professions Code Sections 26000, etseq..
W. "Type N" means a state license issued for manufacturers that produce edible
products or topical products using infusion processes, or other types of cannabis
products other than extracts and concentrates, but do not conduct extractions.
A Type N licensee may also package and label cannabis products on the licensed
premises.
X. "Testing laboratory" means a laboratory, facility, or entity in the state that
offers or performs tests of cannabis or cannabis products and that is both of the
following:
i. Accredited by an accrediting body that is independent from all other
persons involved in the medical cannabis industry in the state.
ii. Licensed by the Bureau of Cannabis Control within the Department of
Consumer Affairs.
10.96.050 — Medical Cannabis Businesses Authorized — License Required
Notwithstanding section 10.96.080, the City shall allow medical commercial cannabis
activity and testing laboratories by license only, as described below.
A. Each cannabis business seeking to operate within the City must first apply and
be issued the appropriate license to operate within the City. The license is specific to
the location where the commercial cannabis business will be operating. Multiple
operating locations for the same cannabis business will require separate licenses.
Each license is non transferrable.
B. A cannabis business may apply for any of the following:
1. Testing Laboratory License. A testing laboratory license is required for all
activities for which MAUCRSA requires a Type 8 state license.
2. Manufacturer License - Medical. A Manufacturer license is required for all
activities for which MAUCRSA requires a Type N, M state license.
3. Medical Cannabis Delivery. A Type -9 Non Storefront Retailer License is required
for all activities for which MAUCRSA requires a Type -9 Non Storefront Retailer
state license to conduct retail cannabis sales exclusively by delivery as defined in
Business and Professions Code section 26001 (p). For the purpose of licensing, a
medical cannabis delivery non storefront retailer license shall not be considered
a medical marijuana dispensary as described in Section 14.16.245.
4. No license shall issue if the cannabis activity is not a permitted land use in the
City.
C. The City Council shall adopt by resolution reasonable regulations pertaining to
the license process for the above identified medical commercial cannabis businesses
allowed within the City.
D. The City Council shall adopt by resolution a limit on the number of each license
type to be issued.
E. Unless expressly permitted and outlined in this chapter, all other types of
cannabis business (medical or non-medical) are prohibited within City limits.
10.96.060 - Business License Tax Required
The requirements of this chapter shall be in addition to any business license and
business license tax requirements imposed pursuant to chapter 10.04 of this code.
10.96.070 —State License Required
In addition to a license identified in Section 10.96.050 any cannabis business operating
within City boundaries must possess the appropriate state license issued by the
appropriate licensing authority required by state law. If a state license has not yet been
issued at the time of the license application, the cannabis business shall describe how it
will meet the state licensing requirements, and provide supporting documentation as
required by the local licensing authority.
10.96.080 — Cannabis Business - Prohibitions
A. Except as provided in Section 10.96.050, cannabis cultivation, cannabis
processing, cannabis distribution, and cannabis dispensaries shall be prohibited
activities in the City, and no person or entity shall conduct or engage in said
activities, except where the City is preempted by federal or state law from enacting
a prohibition on any such activity or prohibiting a person or entity from conducting
or engaging in any such activity.
B. Except as provided in Section 10.96.050, cannabis dispensaries shall be
prohibited activities in the City and no license shall be issued for a medical or non-
medical cannabis dispensary retail storefront.
C. All cannabis businesses operating in violation of this Chapter are expressly
prohibited. No entity that distributed medical cannabis prior to the enactment of
this Chapter shall be deemed to have been a legally established use under the
provisions of this Chapter, and such use shall not be entitled to claim legal
nonconforming status for the purposes of licensing.
10.96.090 — Cannabis Cultivation
Commercial or personal cultivation of cannabis within the City, for non-medical or
medical use, is prohibited except as provided by Health and Safety Code section
11362.1.
10.96.100—Violations a public nuisance; penalties, nuisance abatement, and other
remedies
Any cannabis business operated, conducted, or maintained contrary to the provisions of
this chapter shall be, and the same is hereby declared to be, unlawful and a public
nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal
action hereunder, commence an action or actions, proceeding or proceedings, for the
abatement, removal and enjoinment thereof, in the manner provided by law. Such
remedies shall be in addition to any other judicial and administrative penalties and
remedies available to the city under this chapter, or chapters 1.40, 1.42, 1.44, or 1.46 of
this code, or under state law.
10.96.110 — Fees
The City Council may establish by resolution the fees that shall be charged for
administration and implementation of this Chapter. The adoption of such fees shall not
prevent the City from recovering enforcement costs not specified in such resolution.
10.96.120 — Severability
If any provision of this Chapter or the application of any such provision to any person or
circumstance, shall be held invalid, the remainder of this Chapter, to the extent it can be
given effect, or the application of those provisions to persons or circumstances other
than those to which it is held invalid, shall not be affected thereby, and to this end the
provisions of this Chapter are severable.
DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to the State
CEQA Guidelines, since it can be seen with certainty that there is no possibility that this Ordinance or its
implementation would have a significant effect on the environment (14 Cal. Code Regs. Section
15061(b)(3)).
DIVISION 3. EFFECTIVE DATE OF ORDINANCE.
This Ordinance is hereby declared to be an urgency measure and shall become effective immediately
upon adoption by at least a four-fifths (4/5) vote of the City Council pursuant to Government Code
section 36937(b). The City Clerk is directed to publish forthwith a copy of this Ordinance, together with
the names of those Councilmembers voting for or against same, in a newspaper of general circulation
published and circulated in the City of San Rafael, County of Mark, State of California.
GARY O. PHIL P , Mayor
ATTEST:
ESTHER BEIRNE, City Clerk
The foregoing Ordinance No.1949 was adopted at a Regular Meeting of the City Council on December 4,
2017, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ORDNANCE NO,1914
AN URGENCY ORDNANCE OF THE CiTY COUNCIL. OF Tiff CITY OF SAN RAFAIL,
PURSUANT TO CALIFORNIA GOYF9NMERITCODE SECTION 31111 b),
AIIENDNG TITLE SO OF TIN SAH RAFAEL MUNICIPAL CODE TO ADD
NEW CHAPTER 1098 REGULATING CANHABIS BUNNEYCLR iIHTHN
CITY L Mdffv_ SPECIFICALLY AUTHORIENG BY LICENSE MEDICAL CANNABIS
DELIVERY, MEDICAL CANNABIS PRODUCT MANUFACTURING, AND CANNABIS
TESTING; AND P110NBiRNG NONMEDICAL CANNABIS BUSINESSES
THE CiTY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
QW)M 1,11ND9ML
WHEREAS, In 2015. the State Legislature adopted the "Madlew Marijuana [naw "Cannabis') Rego
(IdCRSA) eslabDahina a state Ircensbw pmrem for "pommer= cannabis activity," defined as
A enacted Proposition 64, the "Control. Regulate and
idult use or cannabis and implementing regulations
vett- and
h and issue licenses for a wfde range of commercial
ach license application, in part. on the provisions of
AilveisQiCtion of which the penimercial CUM .Wis AC-
the'MediCal and Adult -Use Cannabis Regulation and
ISA directed ft►at the MCRSA's medical cannabis reg -
wised egulations on November 16, 7017, under their
state regulations sinco November 16, the City of San
ve regidatioAs to govern commercial cannabis activi•
Itato rictnsin9, and
City Of San Rafael to those determined by the City
-1a of fhei—Ilafsei-icipal�Coda, entitled "BUSINESSES PROFESSIONS. OCCUPATIONS, INDUSTRIES AND
DES," i3 hereby amanddd to add new Chapter 10.96 entitled "Medical Cannabis Business," to read In its entirely as
ws:
i,010 -Purpose and hitwd
the purpose and intent of this chapter to provide for the orderly regulation of the medical commercial cannabis in•
ry within the City of San Rafael with the intent of encouraging economic rowt�h�yand job creation while protecting
ruegulitions or policies thhaatNwill furthof er purpose patients
cof haptef la�n.dthat do not conflicctt with tthe pioovis groins
in,
also the purpose and intent of this Cho ter to prohibit all non-medical commercial cannabis activity within the City.
eflnitions, authority, scoppe, responslIA itles, requirements, standards, conditions, exemptions. procedures and pen•
sdescribed wlthin state Ww are adopted and incorporated,
10.96A20 -In 0enaral
Economic Development birector or her/his designee shall administer and enforce the provisions of this Chapter, ap-
We state law and the rules and regulations omulgated by the State Department of Public Health and Department
onsumer Affairs Bureau of Cannabs Control or other state designated regulatory authority. This Chapter and the
ilations contained herein apply to the entire City,
LOD-FindkM
San Rafael City Council finds
ice 1996, marijuana for personal medicinal purposes, when recommended by a physkfai% has been legal In the State
alifornlin and
2016, California voters enacted Proposition 64, Intended to create a comprehensive system to legalize, cantrol,and
datethe culdvatforuproaemIna, manufacture, distribution, testing, and sale of non-medical cannabis, Including can -
Is products, for use by adults 21 years and older, and to tax the cultivation and retail sale of cannabis for non-
Ilcal use; and
2017, the Governor signed a bill to combine the regulation of bath medical and non-medleal cannabis under one
uella Iloenslnp and regulatory system, entitled the -Medical and Adult -Use Cannabis Regulation and safety Act"
UCRSA or Act); and
e Act does not limit the authority of a local governing body to adapt and enforce local ordinances regulating busl-
ies licensed under the Act orto completely prohibit such businesses within the local Jurisdiction to tele full extent
wrized tea local apencY by the Act and
e use, cultivation. Alstrlbutlon, production, possession and transportation of marlluana or cannabis remains Illegal
er Federal law, and marouana remains classified as a "oontralled substance- by both California and Federal law:
Js City Cauncll does not have the authority ta, and nothlrri�� In this Chapter Is Intended to, authorize, promote: con-
e or old the production, distelbution or possession of caruhabis In violatlan of aqy applicable law and
eCltyCouncilIntendstoprohibitallnon-medical commercial cannabisactWitywAthlntheCltyIfmit and
e City Council Intends to regulate the use acqulsltlan, arltivatlan, productlan, and dlstributlon of medics! oommer-
rannahis activity In a manner that is aonslstent wlth the Calafornla ConsNtuttan and tlhe ACL The regulatfarts are In-
dical cannabis businesses are registered and authorized by the state of Callfomta to operatec
ire city, the City Council desires to provide for their licensing and regulation to protect pub)
ral welfare of the clazens of the city: and
construed to protect the public over medical cannabis business Interests. Operation of a medi-
s a revocable privilege and not a right In the clty.There is no property right for an Individual or
teal cannabis nosiness In the cltyL and
a heavlly regulated Industry in the city, and the city has a zero tolerance policy for vlolations of
For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms• and phrases
means an
reeans all
lament, safe, and transport of cannabis and cannabis products between en -
I used to prepare cannabis or its byproducts for commercial sale. facluding
packaging, and extraction of active ingredients to create cannabis related
USM M Section 1101&1 of the Health and Safety Code,
tha cultivation, possessim manufacture. distribution, processing, storing.
sp_o_rtatiom dorivery or Saba of cannabis and cannabis products as provided
2
A.
B. A
D.
E_
In
m0a115 ai«y attfvity iilvolviiig till. planting, growing, harvesting, drying, Curing, grading, or trimmfrtg of
W4 the commercial transfer of cannabis or cannabis products to a customer. 'Delivery" also includes
taikerofany tethnologyplatfavro,
means a faCil' where cannabis, Cannabis products or devites for the use of cannabis or cannabis
flared, either individually or in any combination, for refail safe, Including an establishment that delivers,
press authorization b local ordinance, cannabis and cannabis products as part of a retail sale.
leis to any one (1) of the licenses described fit Section 10.96.0 that specifically authorizes a person to
al Commercial cannabis activity in the City.
means a person issued a state license under the Act to engage M medical cannabis business or a person
bis business license under Section 10.96.050 of this Chapter.
ithority' means the state agency res onsible for the issuance, renewal, or reinstatement of the state ti•
rate agency authorized to take disciplPnaaryry action against the licensee.
Ing authority" means the Economic Development Director or her/his designee charged with the adminis-
:hapter.
er" means a licensee that conducts the production preparation, propagation, or compounding orcanna.
products efther directly or Indirectlyor by extrac�ion methods, or Independently by meets of chemical
noabispboducts or labelsoorlrelabels soontalne��esis at a fixed location that packages or repackages
inabls-or-medicinal cannabis" means cannabis ora cannabis product respectively, intended to be said
nt to theI . passlonate Use Act of.1996 (Propositlan 215), found At. Section 113625_of the Health and
or
a comlguous area
Ilcense" means a state license Issued pursuant to California Business & Professlons code Sections 26000, et
V means a state Ike rise Issued for manufacturers that produce edible products or topical products using In-
rocesses, or other types of cannabis products other than extracts and concentrates, but do not conduct
ns. AType N lloensee may also package and label cannabis products on the licensed premises.
g labotatary' means a laboratory, facility, or entity In the state that offers or perfomis tests of cannabis at
products and that Is both of the following:
Led by an accrediting body that Is Independent from all other persons Involved In the medical cannabis Indus -
state.
d by the Bureau of cannabis Control within the Department of Consumer Affairs.
-aterdeal Cannabis Businesses authorized -License Required
tanding seetlon 16.96.080, the City shall allow medical commercial cannabis activity and testing laboratories by
nly, as described below.
cannabis business seeking to operate within the city must first apply and he Issued the appropriate license to
vithin the City. The license Is specific to the location where the commercial cannabis bossiness YAII be aperat-
Iple operating locations for the same cannabis business will require separate fire. Each Hrense is non
able.
nabis business may appply for an of the following:
Laboratory ticense. A esting laboratory license Is required for all activities for v ldch MAUCRSA requires a
ate license.
cturer license - Medical. A Manufacturer license Is required for all activities for whlr h AtAUCRSA requires a
i state license.
1 Cannabis Delivery- A Type -9 Non Storefront Retaller License is required for all activities for welch MALICRSA
I& Type -9 Non Storefront Retailer state license to conduct retail cannabis sales exclusively by dellvery as de-
usiness and Professions Code section 2601 (p)_ For the purpose of livens"iaM a medical c hnrtabis delivery non
d retailer license shall not be considered a medical marijuana dispensary as described In Section 15.16245:
Ise shall issue If the cannabis activity Is not a permitted Lind use in the City.
Ity Council "I adopt by resolution reasonable regulatiom ppeertaining to the Ilmase process for the above
I medical commercial cannabis businesses alloyed within Ube Gity.
ly Council shall adopt by resolution a limit on the number of each license type to he issued.
eupre99ty permitted and outlined in this chapter, all other types of carmabig business (medic I f non
-
hail be in addition to any bpsiness license and business license tau requirements im-
this code.
10.911050
the apps
) ooeumentation as re
cultivation. cannabis
City, end no person o
9r state taw from enai
Eno In any such att'PA
within City boundaries nvast pos-
rred by state lavr. If a state license
shall describe h6w It WIN meet the
he local licensing authority.
cannabis Distrib�ugtion, and canna -
III Otttor OAV suctl activity o ppro-
activities in the City and no license
ViicensiC1j;Q4,vna V. n ria wmpvwv, aria sucn use snag riot oc encruec to claim iew noncomorming status for We purposes
of lng.
10,96A40 - CarmAbf s Callivatau
Conynercial or personal cultivation of cannabis within the City, for non•modiral or medical use, is prohib(ted except as
Provided by Health and Safety Codesoction 11362.1.
WK100-YloliatonsaPubllcnalsarhe Pontpiss,nukanceabaterninO.andotherremedies
Any Cannabis business operated. utted. or malntairhed contrary to the provisions of this
cha�q r shall be; and the
same i3 hereby declared to b2 unlawful and a public nuisance and the lily attamey may, in adddion to a m Ileo of
prosecuting a liminal action hereunder, tommenoe an action or actions, proceeding or rotaedin4s� far the abate•
meal renhoval and enjoinment thereof, in the manner pprrovided by law. Such remedies s1alPbe in addrtlon to any thher
judicial and administrative penalties and remedies avaifaWe to the city under this chapter, or chapters IrtO,1A2,1A4, er
1.46 of this code, or understate law.
104G110 -lass
The City Council may establish by resolution the fees that shall be charged for administration and implementation of
this Chapter. The adoption of such fees shall not prevent the City from recovering enforcement costs not specified in
such resolution.
10.46.130 - seumbfllf y
in -If an ovision of this Chapter or the applicatlan of any such provision to an person or un umstance, shall be held
Ili the remairhder of this Chapter, to the extent R can be given Oliect, or the application of those provisions to per -
or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the pro-
Tlds Ordinance is exempt from the California Environmental Quallty Act ("CEgA-) pursuant to the State CEPA Guide-
lines, since it can be seen with certainty that there is no possibility that this Ordinance or its implementation would
have a sigrdflcant effect an the environment (14 Cal. Cade kegs. Section 15061(6)(3)).
DIVISION 3. EFFWWK DA7E GFOBDBIANCL
This Ordinance Is hereby declared to be an urgenclr measure and shall become effective Immediately upon adoption byy
at least a four-fifths (4/5y vote of the (may Council pursuant to Government code section 36914(6). The city clerk Is di-
rected m Publish fathwtth a copy of this Ordinance, together with the names of those Counclllmembers votln0 far or
against same, In a newspaper o general circulation published and circulated In the City of San Rafael. County of Marin,
state of California.
/s/ Gary 0. Phillips
GARY Q PHILLIPS„ Mayor
ATTEST:
EESTHERBEIRNE City Clerk
The foregoing Ordinance No.1M was adopted at a Regular Meeting of the City Council on December 4, 2017, by the
following vote, to wit:
AYES: COUNCILMEMBERS. Bushey, Colin, Gambtin, McCullough &Mayer Phillips
NOES: COUNCILMEMBERS: None
ABSENT COUNCILMEMBERS, None
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