HomeMy WebLinkAboutAgenda Report - December 19, 2012 G-02 PHAGENDA ITEM C1
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CITY OF LODI
COUNCIL COMMUNICATION
7M
AGENDA TITLE: Hold Public Hearing to Consider Adopting Urgency Ordinanceto Extend Interim
Ordinance No. 1867, which established a Moratorium on 1) The Outdoor Cultivation of
Medical Marijuana Within the City of Lodi and 2) The Indoor Cultivation of Medical
Marijuana that Creates a Public Nuisance
MEETING DATE:
PREPARED BY:
December 19,2012
City Attorney's Office
RECOMMENDED ACTION: Adopt Urgency Ordinanceto Extend Interim Ordinance No. 1867,
which established a moratorium on 1) the outdoor cultivation of medical
marijuana within the City of Lodi and 2) the indoor cultivation of medical
marijuana that creates a public nuisance, for a period of 10-monthsand 15 -days.
BACKGROUND INFORMATION: On November 7,2012 the Council adopted Interim Ordinance No. 1867
establishing a 45 -day moratorium on 1) the outdoor cultivation of
medical marijuanawithin the City of Lodi and 2) the indoor cultivation of
medical marijuana that creates a public nuisance.
Staff recommends that provisions should be added to the City's Municipal Code that place zoning restrictions
on the cultivation of medical marijuana within the City if that is the desire of the Council. To do so, however,
staff from the City Attorney's Office and the Police Department need adequate time to meet with members of
the community, including members of the community currently cultivating marijuana for medicinal needs, and
to study and analyze the complicated legal and practical issues involved in regulating the cultivation of
marijuana for medical use, including a review the City's General Plan and the zoning ordinances, and to make
recommendations for the Council's consideration. Unfortunately, the initial 45 days will be inadequate to
prepare a comprehensive approach for Council consideration.
Government Code Section 65858 provides that the Council, may, after notice to the public pursuant to
Government Code Section 65090 and a public hearing, extend Interim Ordinance No. 1867 for a period of 10
months and 15 days. The extension requires a minimum four-fifths (4/5) vote to be adopted. (An additional
one-year extension is permissible under Section 65858(a)).
As proposed, the recommended extension of Interim Ordinance No. 1867 would extend the current 45 -day
moratorium on 1) the outdoor cultivation of medical marijuana within the City of Lodi and 2) the indoor
cultivation of medical marijuana that creates a public nuisance to November 6, 2013. Without the proposed
extension, Interim Ordinance 1867 will be of no further force and effect after December 22, 2012.
FUNDING: None. 1/----
nice D. M gdich
Attorney
cc: Mark Helms. Police Chief
Attachments: Proposed Urgency Ordinance to Extend Interim Ordinance No. 1867
APPROVED:
tlam, City Manager
ORDINANCE NO. 1868
AN UNCODIFIED INTERIM URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LODI IMPOSING A
MORATORIUM ON 1) THE OUTDOOR CULTIVATION OF
MEDICAL MARIJUANA WITHIN THE CITY OF LODI AND 2) THE
INDOOR CULTIVATION OF MEDICAL MARIJUANA THAT
CREATES A PUBLIC NUISANCE
WHEREAS, in 1996, the voters of the State of California approved Proposition
215, which was codified as Health and Safety Code section 11362.5, et seq. and entitled
the Compassionate Use Act of 1996 ("the Act"); and
WHEREAS, the intent of Proposition 215 was to enable persons who are in need
of marijuana for medical purposes to obtain and use it under limited, specified
circumstances; and
WHEREAS, on January 1, 2004, Senate Bill 420 (Medical Marijuana Program
Act) became effective to clarify the scope of the Act and to allow cities and counties to
adopt and enforce rules and regulations consistentwith SB 420 and the Act; and
WHEREAS, Health and Safety Code section 11362.83 expressly allows cities
and counties to adopt and enforce ordinances that are consistent with SB 420; and
WHEREAS, under the federal Controlled Substances Act (21 U.S.C. §841),
marijuana is classified as a Schedule 1 drug, meaning it has no accepted medical use;
and
WHEREAS, Government Code section 65858 authorizes cities to adopt
moratoriums on land use entitlements in order to study any uses that may be in conflict
with a contemplated general plan, specific plan, or zoning proposal; and
WHEREAS, Government Code sections 65850(a) and 65850(c)(4), provide the
authority of the City of Lodi to regulate by ordinance the uses of land and the intensity of
land use; and
WHEREAS, the City of Lodi Police Department and residents of the City of Lodi
have reported adverse impacts from the outdoor cultivation of medical marijuana within
the City of Lodi, including offensive odors detectable beyond the property boundaries,
increased risk of trespassing, violent crime, burglary, and theft; and
WHEREAS, the strong odor of marijuana plants, which increases in intensity as
the plants mature, is highly offensive to many individuals and creates an attractive
nuisance, alerting people to the presence and location of marijuana plants, creating an
increased risk of burglary, robbery, or armed robbery because of the monetary value of
the plants; and
WHEREAS, the presence of marijuana plants is an attractive nuisance to minors,
creating a potential hazard in areas frequented by minors, such as schools, parks,
recreation centers, and similar facilities; and
WHEREAS, the cultivation of medical marijuana raise issues of first impression
for the City, which currently does not address or regulate in any mannerthe cultivation of
medical marijuana in its Municipal Code; and
WHEREAS, there is not sufficient time for the City of Lodi to adopt a regular,
non -urgency ordinance regulating the outdoor and indoor cultivation of medical
marijuana; and
WHEREAS, it is the intention of the City Council of the City of Lodi that nothing in
this Ordinance be deemed to conflict with the federal Controlled Substances Act (21
U.S.C. §841), by permitting or otherwise allowing any activity which is prohibited under
the Act; and
WHEREAS, the City Council of the City of Lodi is aware that the cultivation and
possession of marijuana for medical purposes by Qualified Patients and Primary
Caregivers as defined under California law (Health & Saf. Code, §§11362.7(f) and
11362.7(d), respectively), it is the intention of the Council that nothing in this Ordinance
be construed, in any way, to expand the rights of anyone to cultivate, possess or use
marijuana under state law, engage in any public nuisance, violate the federal Controlled
Substance Act, or engage in any activity regarding the cultivation, distribution, use or
consumption of marijuana that is otherwise prohibited by law; and
WHEREAS, it is the purpose and intent of this Ordinance to ensure that
marijuana grown for medical purposes remains secure and does not find its way to
persons other than Qualified Patients or Primary Caregivers, or illicit markets; and
WHEREAS, it is the purpose and intent of this Ordinance to assist law
enforcement personnel to perform their duties effectively and in accordance with
California law; and
WHEREAS, this Ordinance is not subject to the California Environmental Quality
Act (CEQA) pursuant to Government Code section 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly; it
prevents changes in the environment pending the completion of the contemplated
General Plan adoption and zoning ordinance review; and
WHEREAS, for the protection of the public's health, safety, and general welfare,
the City Council on November 7, 2012, adopted Ordinance No. 1867, an Uncodified
interim Urgency Ordinance of the City Council of the City of Lodi, making findings and
imposing a forty-five (45) day moratorium on 1) the outdoor cultivation of medical
marijuana within the City of Lodi and 2) the indoor cultivation of medical marijuana that
creates a public nuisance; and
WHEREAS, the City desires to extend Ordinance No. 1867 for a period of ten
(10) months and fifteen (15) days, as permitted by Government Code section 65858, to
maintain the current status quo and to provide time for the City meet with members of
the public, and to study and analyze the complicated legal and practical issues involved
in regulating the cultivation of marijuana for medical use, including a review of the City's
General Plan and zoning ordinances, and to make recommendations for consideration
by the City Council.
2
NOW, THEREFORE, BE IT ORDAINED BY THE LODI CITY COUNCIL AS
FOLLOWS:
Section 1. The City Council finds that in accordance with the terms and provisions of
Section 65858 of the Government Code, the following notice given in the time and
manner required by law, it held a public hearing on the extension of Ordinance No. 1867
on December 19, 2012. After hearing all applicable evidence, the City Council finds that
the conditions and findings cited in Ordinance No. 1867 continue to exit and that further
study by City staff, including meeting with members of the public, is necessary in order
to study and analyze the complicated legal and practical issues involved in regulating the
cultivation of marijuana for medical use, including a review of the City's General Plan
and zoning ordinances, and to adopt regulatory standards and conditions to be imposed
on the outdoor and indoor cultivation of medical marijuana.
Section 2. Imposition of Moratorium.
A. In accordance with Government Code section 65858, from and after the
date of the expiration of Ordinance No. 1867, the outdoor cultivation of marijuana, for
any purpose, within the incorporated area of the City of Lodi is hereby prohibited period
of ten (10) months and fifteen (15) days. Further, in accordance with Government Code
section 65858, from and after the date of the expiration of Ordinance No. 1867, any
indoor cultivation of medical marijuana by a Qualified Patient or Primary Caregiverwithin
the incorporated area of the City of Lodi that creates a public nuisance resulting from the
visibility of marijuana from the public right-of-way or the odor of marijuana beyond the
property line of the propertywhere the indoor cultivation is taking place is prohibitedfor a
period of ten (10) months and fifteen (15) days.
B. Any property found to be in violation of this Ordinance shall be declared
to be a public nuisance and may be summarily abated by the City of Lodi pursuant to
Civil Code Section 731. Nothing in this Ordinance shall be deemed to prevent the city
attorney from bringing a civil action for injunctive relief and civil penalties pursuant to
Lodi Municipal Code Chapter 1.10. In any civil action brought under Chapter 1.10, a
court of competent jurisdiction may award reasonable attorneys fees and costs to the
prevailing party.
C. For purposes of this Ordinance, the terms "Primary Caregiver," "Qualified
Patient" shall have the same meaning as that set forth in Health and Safety Code
Sections 11362.7(f) and 11362.7(d), respectively.
D. This Ordinance is an interim urgency ordinance adopted pursuant to the
authority granted to the City of Lodi by Government Code section 65858 and is for the
immediate preservation of the public health, safety, and welfare. The City Council of the
City of Lodi hereby finds and declares that there is a need to enact an urgency interim
ordinance establishing a moratorium banning the outdoor cultivation of medical
marijuana within the City of Lodi and the indoor cultivation of medical marijuana by a
Qualified Patient or Primary Caregiver within the City of Lodi that creates a public
nuisance resulting from the visibility of marijuana from the public right-of-way or the odor
of marijuana beyond the property line of the property where indoor cultivation is taking
place, based upon the findings set forth hereinabove and incorporated herein.
Section 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to
be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that
it would have passed each section, subsection, subdivision, paragraph, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or
invalid or ineffective.
Section 4. No Mandatory Duty of Care. This Ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
Section 5. Conflict. All ordinances and parts of ordinances in conflict herewith are
repealed insofar as such conflict may exist.
Section 6. Effective Date. This urgency Ordinance shall be published one time in the
"Lodi News Sentinel," a daily newspaper of general circulation printed and published in
the City of Lodi, and shall be in force and take effect immediately upon passage and
approval by at least four-fifths vote of the City Council and the expiration of Ordinance
No. 1867 (December 22,2012), and shall be in effect for a period of ten (10) months and
fifteen (15) days (November 6,2013), unless repealed or extended by the City Council
as provided for in Government Code section 65858.
ATTE
RANDI AlH
City Clerk
Approved this 19th day of December, 2012
ALAN NAKANI SHI
Mayor
4
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1868was adopted as an urgency ordinance at a regular meeting of the City Council
of the City of Lodi held December 19, 2012, and was thereafter passed, adopted, and
ordered to print by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce,
and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1868 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
to Form:
CE D. MAGDICH
ity City Attorney
5
RANDI�L, City Clerk
Page 1 of 1
Randi Johl
From: Randi Johl
Sent: Thursday, December 20,2012 04:27 PM
To: City Council
cc: Rad Bartlam; Steve Schwabauer; Janice Magdich; Jennifer Robison
Subject: 12/19/12 Meeting -Item No. G-2
Attachments: G-2Raichl nfo.pdf
Attached please find a copy of the information provided by Angel Raich at last night's Council meeting in
regards to Item No. G-2 (Urgency Ordinance - Medical Marijuana). The information was made a part of
the record accordingly.
Randi Jolil, JD, MMC
City Clerk, City ofLodi
Legislative Director, California City ClerksAssociation
22I West Pine Street
Lodi, California 95240
(209)333-6702 Telephone
(209,) 333-6807 Facsimile
12/20/2012
U.S. DepgAmerit of J.,justice
Office of" the Deputy Atbiney G04"
The Deputy Attorney General Rbshington, DE 20530
October 19,2009
MEMORANDUM y SELE TED UNITED STATES ATTORNEYS
FROM: David W. Ogd
Deputy Attorney General
SUBJECT: Investigations and Prosecutions in States
Authorizing :,the Medical Use of ana
This memorandum provides clarification and guidance to.fed&W prosecutors- to "States
that have enacted laws authorizing the medical use of marijuana. Thqse.hms vary intheir
substantive provisions and in the extent of state regulatory oversight both arnong,.the enacting
-v
-States and among local jurisdictions within those States. Rather than developing different
guidelines foreverypossible variant of state and local law, this, rnemoTanduln provides- unnrm
guidance W focus federal investigations and prosecutions, in these States o -core fn, W6,raj
enforcement priorities.
The Department of Justice is, committed to the enforcement of the Controlled ,,$ubst es
Act in all States. Congress has determined that marijuana is a. dangerous, drug, and the If g4
distribution and sale of marijuana is a serious crime and provides a significant source of revenue
to large"scale criminal enterprises, gangs, and cartels. One timely example underscores the'
importance of our efforts to prosecute significant marijuana traffickers: marijuana distribution in
the United States remains the single largest source of revenue for the Mexican cartels.
The Department is also committed to making efficient and rational use of it limited:
investigative mid prosecutorial resources. In general, United. States" Attorneys are vestedwith
"plenaryregard to federal criminal matters" within
authority with re ar - -4401s.
In exercisingAnte 00d d6l��ffb.'
thfi uthority, United States Attorneys are "invested h�:,,st Fri,
the Attaktiey General with the broadest, discretion in the exercise. O.-f-.S.U,6,;Authorf,y.." Id.', This
authority _should, of course,, be exercised consistent with D.!,,a
partOerit, -prrorifi2s "and
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T I -644n PA171) 4�.,
prosecution of significant, traffickers of illegal' dr-ugs"ih _1� adn aii
disruption ofillegal drug manufacturing and trafficking networks continued -to b-eg,..cor&priotity
in the Department's efforts against narcotics and dangerous drugsj and the 'DepaMont".8
investigative and prosecutorial resources should be directed towards these objectives. As..a
general matter, pursuit of these priorities should not focus federal resources in your Sfateg-,on
Memomodum for Selected United. States Attorneys Page 2
Subject Investigations and Proseoutians;in States Autlonzing. the Medical Use of-lvlarua
individuals whose actions are in elm and unambiguous eonapliance;with existing -state 10w
providing for the medical use of riarijuana. For example, prosecution of individuals wit% cancer
or otT serious illnesses who use marijuana as part of`a recon mended tread ent"r, in h:
consistent with applicable state law, or triose caregivers in clear and:t nambiguous cmplianee
with existing, state law who provide such ;individuals with man uana, is unlikely to be. an efficient'
use of limited federal resources. Onthe other hand, prosecution of commercial enterpn9,68. t
unlawfully, market and sell marijuana for profit continues to be an enforcement ppioxity of the
Department; To be sure; claims of compliance with state or local law may mask op:eratiozs
inconsistent with the terms, conditions, or purposes of those laws, and federal law enforcement
should not be deterred by such assertions when otherwise pursuing the Department's core;
enforcement priori tie. s.
Typically, when any of the following characteristics is=present, the conduct will not be in
. clear and unambiguous compliance with. applicable state law and may indicate illegal drug
trafficking activity of potential federal interest:
AMENDED IN SENATE JULY 5 , 2 011
AMENDED IN SENATE JUNE 14,2011
AMENDED IN ASSEMBLY MAY 27,201 1
AMENDED IN ASSEMBLY APRIL 15,2011
CALIFORNIA LEGISLATURE - 2011-12 REGULAR SESSION
ASSEMBLY BILL
No. 420
Introduced by Assembly Member Davis
(Coauthors: Assembly Members Carter and Mitchell)
(Coauthors: Senators Price and Wright)
February 14,2011
An act to add Section 21003 to the Elections Code, relating to
redistricting.
LEGISLATIVE COUNSEL'S DIGEST
AB 420, as amended, Davis. Redistricting.
Existing law, as added by constitutional initiative, establishes the
Citizens Redistricting Commission, and charges it with various duties
and responsibilities in connection with redistricting Assembly, Senate,
Board of Equalization, and congressional districts, as specified. Existing
law establishes the Department of Corrections and Rehabilitation, and
charges it with various duties and responsibilities in connection with
the incarceration and rehabilitation of prisoners, as specified.
This bill would require the Department of Corrections and
Rehabilitation to furnish to the Citizens Redistricting Commission, -by
notsoonerthanApril 1,2020,and not later thanJuly 1, 2020, specified
information regarding the last known place of residence, as defined, of
each inmate incarcerated in a state adult correctional facility, except an
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AB 420
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inmate whose last known place of residence is outside of California.
The bill also would request the Citizens Redistricting Commission to
deem each incarceratedperson as residing at his or her last known place
of residence, rather than at the institution of his or her incarceration,
and to utilize the above information in carrying out its redistricting
responsibilities.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
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Thepeople of the State of California do enact asfollows:
SECTION 1. Section 21003 is added to the Elections Code, to
read:
21003. (a) (1) Not -later sooner than April 1, 2020, and not
later than July I, 2020, the Department of Corrections and
Rehabilitation shall furnish to the Citizens Redistricting
Commission information regarding the last known place of
residence of each inmate incarcerated in a state adult correctional
facility, except an inmate whose last known place of residence is
outside of California.
(2) The information furnished by the Departmentof Corrections
and Rehabilitationpursuant to paragraph (1) shall include, for each
inmate, a unique identifier, other than the inmate's name or
Department of Corrections and Rehabilitation number, and last
known address information that is sufficiently specific to determine
the congressional, State Senatorial, StateAssembly, or State Board
of Equalization district in which the inmate's last known place of
residence is located. This information may include, but not be
limited to, ZIP Code information or street address information
from which a ZIP Code can be derived.
(3) For purposes of this subdivision, "inmate incarcerated in a
state adult correctional facility" includes an inmate who, as of
April 1, 2020, has been transferred to a facility outside of California
to complete his or her term of incarceration.
(b) Consistent with Section 2025, the Legislature hereby requests
the Citizens Redistricting Commission to deem each incarcerated
person as residing at his or her last known place of residence, rather
than at the institution of his or her incarceration, and to utilize the
information furnished to it pursuant to subdivision (a) in carrying
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-3— AB 420
1 out its redistricting responsibilities under Article XXI of the
2 California Constitution.
3 (c) For purposes of this section, "last known place of residence"
4 means the address at which the inmate was last domiciled prior to
5 his or her current term of incarceration, as determined from the
6 court records of the county in which the inmate was sentenced to
7 his or her current term of incarceration.
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SB 847 Senate Bill - History
COMPLETE BILL HISTORY
BILL NUMBER : S.B. No. 847
AUTHOR Correa
TOPIC Medical Marijuana Program:
TYPE OF BILL
zoning restrictions: residential use.
Active
Non -Urgency
Non -Appropriations
Majority Vote Required
State -Mandated Local Program
Fiscal
Non -Tax Levy
BILL HISTORY
2011
Sept. 21 In Senate. Consideration of Governor's veto pending.
Sept. 20 Vetoed by the Governor.
Sept. 7 Enrolled and presented to the Governor at 4:30 p.m.
Aug. 30 Assembly amendments concurred in. (Ayes 34. Noes 4. Page 2152.)
Ordered to engrossing and enrolling.
Aug. 25 In Senate. Concurrence in Assembly amendments pending.
Aug. 25 Read third time. Passed. (Ayes 68. Noes 5. Page 2591.) Ordered to
the Senate.
Aug. 24 Read second time. Ordered to third reading.
Aug. 23 Read second time and amended. Ordered to second reading.
Aug. 22 From committee: Do pass as amended. (Ayes 15. Noes 0.) (August
17).
June 30 From committee: Do pass and re-refer to Cpm. on APPR. (Ayes 6.
Noes 0.) (June 29). Re-referred to Com. on APPR.
June 22 From committee: Do pass and re-refer to C=. on L. GOV. (Ayes 16.
Noes 1.) (June 21). Re-referred to Com. on L. GOV.
June 9 Referred to Corns. on HEALTH and L. GOV.
June 2 In Assembly. Read first time. Held at Desk.
June 1 Read third time. Passed. (Ayes 31. Noes 2. Page 1244.) Ordered to
the Assembly.
May 24 Read second time. Ordered to third reading.
May 23 From committee: Be placed on second reading file pursuant to Senate
Rule 28.8.
May 13 Set for hearing May 23.
May 10 Read second time and amended. Re-referred to C=. on APPR.
(Corrected May 18. )
May 9 From committee: Do pass as amended and re-refer to Com. on APPR.
(Ayes 6. Noes 0. Page 886.) (May 5 ) .
May 3 Set for hearing May 5.
May 2 Re-referred to Com. on PUB. S.
Apr. 27 From committee: Do pass and re-refer to C=. on RLS. (Ayes 6. Noes
0. Page 763.) (April 27). Re-referred to C=. on RLS.
Apr. 25 From committee with author's amendments. Read second time and
amended. Re-referred to C=. on GOV. & F.
Mar. 22 Set for hearing April 27.
Mar. 17 Withdrawn from committee. Re-referred to Corns. on GOV. & F. and
HEALTH.
Mar. 10 Referred to Corns. on HEALTH and GOV. & F.
Feb. 19 From printer. May be acted upon on or after March 21.
9/23/11 3:31 PM
http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb 0801-0850/sb_847_bill_20110921 history.html Page 1of2
5B 847 Senate Bill - History
Feb. 18 Introduced. Read first time. To Com. on RLS. for assignment. To
print.
9/23/113:31 PM
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AB 2650 Assembly Bill - CHAPTERED
BILL NUMBER: AB 2650 CHAPTERED
BILL TEXT
CHAPTER 603
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE AUGUST 11, 2010
PASSED THE ASSEMBLY AUGUST 16, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 10, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY APRIL 15, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Buchanan
(Coauthors: Assembly Members Carter, Portantino, Torres, and
Torrico)
FEBRUARY 19, 2010
An act to add Section 11362.768 to the Health and Safety Code,
relating to medical marijuana.
LEGISLATIVE COUNSEL'S DIGEST
AB 2650, Buchanan. Medical marijuana.
Existing law added by initiative, the Compassionate Use Act of
1996, prohibits any physician from being punished, or denied any
right or privilege, for having recommended marijuana to a patient for
medical purposes. The act prohibits the provisions of law making
unlawful the possession or cultivation of marijuana from applying to
a qualified patient, the qualified patient's primary caregiver, or an
individual who provides assistance to the qualified patient or the
qualified patient's primary caregiver, who possesses, cultivates, or
distributes marijuana for the personal medical purposes of the
qualified patient upon the written or oral recommendation or approval
of a physician. Existing statutory law requires the State Department
of Public Health to establish and maintain a voluntary program for
the issuance of identification cards to qualified patients and
establishes procedures under which a qualified patient with an
identification card may use marijuana for medical purposes. Existing
law regulates qualified patients, a qualified patient's primary
caregiver, and individuals who provide assistance to the qualified
patient or the qualified patient's primary caregiver, as specified. A
violation of these provisions is generally a misdemeanor.
This bill would provide that no medical marijuana cooperative,
collective, dispensary, operator, establishment, or provider
authorized by law to possess, cultivate, or distribute medical
marijuana that has a storefront or mobile retail outlet which
ordinarily requires a local business license shall be located within
a 600 -foot radius of any public or private school providing
instruction in kindergarten or grades 1 to 12, inclusive, except as
specified. The bill also would provide that local ordinances, adopted
prior to January 1, 2011, that regulate the location or
10/1/10 8:55 PM
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AB 2650 Assembly Bill - CHAPTERED
establishment of these medical marijuana establishments would not be
preempted by its provisions; and that nothing in the bill shall
prohibit a city, county, or city and county from adopting ordinances
that further restrict the location or establishment of these medical
marijuana establishments. The bill would express a legislative
finding and declaration that establishing a uniform standard
regulating the proximity of these medical marijuana establishments to
schools is a matter of statewide concern and not a municipal affair
and that, therefore, all cities and counties, including charter
cities and charter counties, shall be subject to the provisions of
the bill. By creating a new crime, this bill would impose a
state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11362.768 is added to the Health and Safety
Code, to read:
11362.768. (a) This section shall apply to individuals specified
in subdivision (b) of Section 11362.765.
(b) No medical marijuana cooperative, collective, dispensary,
operator, establishment, or provider who possesses, cultivates, or
distributes medical marijuana pursuant to this article shall be
located within a 600 -foot radius of a school.
(c) The distance specified in this section shall be the horizontal
distance measured in a straight line from the property line of the
school to the closest property line of the lot on which the medical
marijuana cooperative, collective, dispensary, operator,
establishment, or provider is to be located without regard to
intervening structures.
(d) This section shall not apply to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is also a licensed residential medical or elder care
facility.
(e) This section shall apply only to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is authorized by law to possess, cultivate, or
distribute medical marijuana and that has a storefront or mobile
retail outlet which ordinarily requires a local business license.
(f) Nothing in this section shall prohibit a city, county, or city
and county from adopting ordinances or policies that further
restrict the location or establishment of a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider.
(g) Nothing in this section shall preempt local ordinances,
adopted prior to January 1, 2011, that regulate the location or
establishment of a medical marijuana cooperative, collective,
dispensary, operator, establishment, or provider.
(h) For the purposes of this section, "school" means any public or
private school providing instruction in kindergarten or grades 1 to
12, inclusive, but does not include any private school in which
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AB 2650 Assembly 311 - CHAPTERED
education is primarily conducted in private homes.
SEC. 2. The Legislature finds and declares that establishing a
uniform standard regulating the proximity of medical marijuana
cooperatives, collectives, dispensaries, operators, establishments,
or providers to schools is a matter of statewide concern and not a
municipal affair, as that term is used in Section 5 of Article XI of
the California Constitution. Therefore, this act shall apply to all
cities and counties, including charter cities and charter counties.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
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AB 2650 Assembly Bill - CHAPTERED
BILL NUMBER: AB 2650 CHAPTERED
BILL TEXT
CHAPTER 603
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE AUGUST 11, 2010
PASSED THE ASSEMBLY AUGUST 16, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 10, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY APRIL 15, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Buchanan
(Coauthors: Assembly Members Carter, Portantino, Torres, and
Torrico)
FEBRUARY 19, 2010
An'act to add Section 11362.768 to the Health and Safety Code,
relating to medical marijuana.
LEGISLATIVE COUNSEL'S DIGEST
AB 2650, Buchanan. Medical marijuana.
Existing law added by initiative, the Compassionate Use Act of
1996, prohibits any physician from being punished, or denied any
right or privilege, for having recommended marijuana to a patient for
medical purposes. The act prohibits the provisions of law making
unlawful the possession or cultivation of marijuana from applying to
a qualified patient, the qualified patient's primary caregiver, or an
individual who provides assistance to the qualified patient or the
qualified patient's primary caregiver, who possesses, cultivates, or
distributes marijuana for the personal medical purposes of the
qualified patient upon the written or oral recommendation or approval
of a physician. Existing statutory law requires the State Department
of Public Health to establish and maintain a voluntary program for
the issuance of identification cards to qualified patients and
establishes procedures under which a qualified patient with an
identification card may use marijuana for medical purposes. Existing
law regulates qualified patients, a qualified patient's primary
caregiver, and individuals who provide assistance to the qualified
patient or the qualified patient's primary caregiver, as specified. A
violation of these provisions is generally a misdemeanor.
This bill would provide that no medical marijuana cooperative,
collective, dispensary, operator, establishment, or provider
authorized by law to possess, cultivate, or distribute medical
marijuana that has a storefront or mobile retail outlet which
ordinarily requires a local business license shall be located within
a 600 -foot radius of any public or private school providing
instruction in kindergarten or grades 1 to 12, inclusive, except as
specified. The bill also would provide that local ordinances, adopted
prior to January 1, 2011, that regulate the location or
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AB 2650 Assembly Bill - CHAPTERED
establishment of these medical marijuana establishments would not be
preempted by its provisions; and that nothing in the bill shall
prohibit a city, county, or city and county from adopting ordinances
that further restrict the location or establishment of these medical
marijuana establishments. The bill would express a legislative
finding and declaration that establishing a uniform standard
regulating the proximity of these medical marijuana establishments to
schools is a matter of statewide concern and not a municipal affair
and that, therefore, all cities and counties, including charter
cities and charter counties, shall be subject to the provisions of
the bill. By creating a new crime, this bill would impose a
state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11362.768 is added to the Health and Safety
Code, to read:
11362.768. (a) This section shall apply to individuals specified
in subdivision (b) of Section 11362.765.
(b) No medical marijuana cooperative, collective, dispensary,
operator, establishment, or provider who possesses, cultivates, or
distributes medical marijuana pursuant to this article shall be
located within a 600 -foot radius of a school.
(c) The distance specified in this section shall be the horizontal
distance measured in a straight line from the property line of the
school to the closest property line of the lot on which the medical
marijuana cooperative, collective, dispensary, operator,
establishment, or provider is to be located without regard to
intervening structures.
(d) This section shall not apply to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is also a licensed residential medical or elder care
facility.
(e) This section shall apply only to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is authorized by law to possess, cultivate, or
distribute medical marijuana and that has a storefront or mobile
retail outlet which ordinarily requires a local business license.
(f) Nothing in this section shall prohibit a city, county, or city
and county from adopting ordinances or policies that further
restrict the location or establishment of a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider.
(g) Nothing in this section shall preempt local ordinances,
adopted prior to January 1, 2011, that regulate the location or
establishment of a medical marijuana cooperative, collective,
dispensary, operator, establishment, or provider.
(h) For the purposes of this section, "school" means any public or
private school providing instruction in kindergarten or grades 1 to
12, inclusive, but does not include any private school in which
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AB 2650 Assembly Bill - CHAPTERED
education is primarily conducted in private homes.
SEC. 2. The Legislature finds and declares that establishing a
uniform standard regulating the proximity of medical marijuana
cooperatives, collectives, dispensaries, operators, establishments,
or providers to schools is a matter of statewide concern and not a
municipal affair, as that term is used in Section 5 of Article XI of
the California Constitution. Therefore, this act shall apply to all
cities and counties, including charter cities and charter counties.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
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Senate Bill No. 420
CHAPTER 875
An act to add Article 2.5 (commencing with Section 11362.7) to
Chapter 6 of Division 10 of the Health and Safety Code, relating to
controlled substances.
[Approved by Governor October 12,2003. Filed
with Secretary of State October 12, 2003.1
LEGISLATIVE COUNSEL'S DIGEST
SB 420, Vasconcellos. Medical marijuana.
Existing law, the Compassionate Use Act of 1996, prohibits any
physician from being punished, or denied any right or privilege, for
having recommended marijuana to a patient for medical purposes. The
act prohibits the provisions of law making unlawful the possession or
cultivation of marijuana from applying to a patient, or to a patient's
primary caregiver, who possesses or cultivates marijuana for the
personal medical purposes of the patient upon the written or oral
recommendation or approval of a physician.
This bill would require the State Department of Health Services to
establish and maintain a voluntary program for the issuance of
identification cards to qualified patients and would establish procedures
under which a qualified patient with an identification card may use
marijuana for medical purposes. The bill would specify the department's
duties in this regard, including developing related protocols and forms,
and establishing application and renewal fees for the program.
The bill would impose various duties upon county health departments
relating to the issuance of identification cards, thus creating a
state -mandated local program.
The bill would create various crimes related to the identification card
program, thus imposing a state -mandated local program.
This bill would authorize the Attorney General to set forth and clarify
details concerning possession and cultivation limits, and other
regulations, as specified. The bill would also authorize the Attorney
General to recommend modifications to the possession or cultivation
limits set forth in the bill. The bill would require the Attorney General
to develop and adopt guidelines to ensure the security and nondiversion
of marijuana grown for medical use, as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
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Ch. 875 —2—
reimbursement,
2—
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide and
other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that no reimbursement is required by this act
for specified reasons.
Thepeople of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) On November 6, 1996, the people of the State of California
enacted the Compassionate Use Act of 1996 (hereafterthe act), codified
in Section 11362.5 of the Health and Safety Code, in order to allow
seriously ill residents of the state, who have the oral or written approval
or recommendation of a physician, to use marijuana for medical
purposes without fear of criminal liability under Sections 11357 and
11358 of the Health and Safety Code.
(2) However, reports from across the state have revealed problems
and uncertainties in the act that have impeded the ability of law
enforcement officers to enforce its provisions as the voters intended and,
therefore, have prevented qualified patients and designated primary
caregivers from obtaining the protections afforded by the act.
(3) Furthermore, the enactment of this law, as well as other recent
legislation dealing with pain control, demonstrates that more
information is needed to assess the number of individuals across the state
who are suffering from serious medical conditions that are not being
adequately alleviated through the use of conventional medications.
(4) In addition, the act called upon the state and the federal
government to develop a plan for the safe and affordable distribution of
marijuana to all patients in medical need thereof.
(b) It is the intent of the Legislature, therefore, to do all of the
following:
(1) Clarify the scope of the application of the act and facilitate the
prompt identification of qualified patients and their designated primary
caregivers in order to avoid unnecessary arrest and prosecution of these
individuals and provide needed guidance to law enforcement officers.
(2) Promote uniform and consistent application of the act among the
counties within the state.
(3) Enhance the access of patients and caregivers to medical
marijuana through collective, cooperative cultivation projects.
(c) It is also the intent of the Legislature to address additional issues
that were not included within the act, and that must be resolved in order
to promote the fair and orderly implementation of the act.
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(d) The Legislature further finds and declares both of the following:
(1) A state identification card program will further the goals outlined
in this section.
(2) With respect to individuals, the identification system established
pursuant to this act must be wholly voluntary, and a patient entitled to
the protections of Section 11362.5 of the Health and Safety Code need
not possess an identification card in order to claim the protections
afforded by that section.
(e) The Legislature further finds and declares that it enacts this act
pursuant to the powers reserved to the State of California and its people
under the Tenth Amendment to the United States Constitution.
SEC. 2. Article 2.5 (commencing with Section 11362.7) is added to
Chapter 6 of Division 10 of the Health and Safety Code, to read:
Article 2.5. Medical Marijuana Program
11362.7. For purposes of this article, the following definitions shall
apply:
(a) "Attending physician" means an individual who possesses a
license in good standing to practice medicine or osteopathy issued by the
Medical Board of California or the Osteopathic Medical Board of
California and who has taken responsibility for an aspect of the medical
care, treatment, diagnosis, counseling, or referral of a patient and who
has conducted a medical examination of that patient before recording in
the patient's medical record the physician's assessment of whether the
patient has a serious medical condition and whether the medical use of
marijuana is appropriate.
(b) "Department" means the State Department of Health Services.
(c) "Person with an identification card" means an individual who is
a qualified patient who has applied for and received a valid identification
card pursuant to this article.
(d) "Primary caregiver" means the individual, designated by a
qualified patient or by a person with an identification card, who has
consistently assumed responsibility for the housing, health, or safety of
that patient or person, and may include any of the following:
(1) In any case in which a qualified patient or person with an
identification card receives medical care or supportive services, or both,
from a clinic licensed pursuant to Chapter 1(commencingwith Section
1200) of Division 2, a health care facility licensed pursuant to Chapter
2 (commencing with Section 1250) of Division 2, a residential care
facility for persons with chronic life-threatening illness licensed
pursuant to Chapter 3.01 (commencing with Section 1568.01) of
Division 2, a residential care facility for the elderly licensedpursuant to
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Ch. 875 —4 —
Chapter 3.2 (commencing with Section 15 69) of Division 2, a hospice,
or a home health agency licensed pursuant to Chapter 8 (commencing
with Section 1725) of Division 2, the owner or operator, or no more than
three employees who are designated by the owner or operator, of the
clinic, facility, hospice, or home health agency, if designated as a
primary caregiver by that qualified patient or person with an
identification card.
(2) An individual who has been designated as a primary caregiver by
more than one qualified patient or person with an identification card, if
every qualified patient or person with an identification card who has
designated that individual as a primary caregiver resides in the same city
or county as the primary caregiver.
(3) An individual who has been designated as a primary caregiver by
a qualified patient or person with an identification card who resides in
a city or county other than that of the primary caregiver, if the individual
has not been designated as a primary caregiver by any other qualified
patient or person with an identification card.
(e) A primary caregiver shall be at least 18 years of age, unless the
primary caregiver is the parent of a minor child who is a qualified patient
or a person with an identification card or the primary caregiver is a
person otherwise entitled to make medical decisions under state law
pursuant to Sections 6922,7002,7050, or 7120 of the Family Code.
(f) "Qualified patient" means a person who is entitled to the
protections of Section 11362.5,but who does not have an identification
card issued pursuant to this article.
(g) "Identification card" means a document issued by the State
Department of Health Services that document identifies a person
authorized to engage in the medical use of marijuana and the person's
designated primary caregiver, if any.
(h) "Serious medical condition" means all of the following medical
conditions:
(1) Acquired immune deficiency syndrome (AIDS).
(2) Anorexia.
(3) Arthritis.
(4) Cachexia.
(5) Cancer.
(6) Chronic pain.
(7) Glaucoma.
(8) Migraine.
(9) Persistent muscle spasms, including, but not limited to, spasms
associated with multiple sclerosis.
(10) Seizures, including, but not limited to, seizures associated with
epilepsy.
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— 5 — Ch. 875
(11) Severe nausea.
(12) Any other chronic or persistent medical symptom that either:
(A) Substantially limits the ability of the person to conduct one or
more major life activities as defined in the Americans with Disabilities
Act of 1990 (Public Law 101-336).
(B) If not alleviated, may cause serious harm to the patient's safety
or physical or mental health.
(i) "Written documentation" means accurate reproductions of those
portions of a patient's medical records that have been created by the
attending physician, that contain the information required by paragraph
(2) of subdivision (a) of Section 11362.715, and that the patient may
submit to a county health department or the county's designee as part of
an application for an identification card.
11362.71. (a) (1) The department shall establish and maintain a
voluntary program for the issuance of identification cards to qualified
patients who satisfy the requirements of this article and voluntarily apply
to the identification card program.
(2) The department shall establish and maintain a 24-hour, toll-free
telephone number that will enable state and local law enforcement
officers to have immediate access to information necessary to verify the
validity of an identification card issued by the department, until a
cost-effective Internet Web -based system can be developed for this
purpose.
(b) Every county health department, or the county's designee, shall
do all of the following:
(1) Provide applications upon request to individuals seeking to join
the identification card program.
(2) Receive and process completed applications in accordance with
Section 11362.72.
(3) Maintain records of identification card programs.
(4) Utilize protocols developed by the department pursuant to
paragraph (1) of subdivision (d).
(5) Issue identification cards developed by the department to
approved applicants and designated primary caregivers.
(c) The county board of supervisors may designate another
health-related governmental or nongovernmental entity or organization
to perform the functions described in subdivision (b), except for an entity
or organization that cultivates or distributes marijuana.
(d) The department shall develop all of the following:
(1) Protocols that shall be used by a county health department or the
county's designee to implement the responsibilities described in
subdivision (b), including, but not limited to, protocols to confirm the
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F
Ch. 875 — 6 —
accuracy of information contained in an application and to protect the
confidentiality of program records.
(2) Application forms that shall be issued to requesting applicants.
(3) An identification card that identifies a person authorized to
engage in the medical use of marijuana and an identification card that
identifies the person's designated primary caregiver, if any. The two
identification cards developed pursuant to this paragraph shall be easily
distinguishable from each other.
(e) No person or designated primary caregiver in possession of a valid
identification card shall be subject to arrest for possession,
transportation, delivery, or cultivation of medical marijuana in an
amount established pursuant to this article, unless there is reasonable
cause to believe that the information contained in the card is false or
falsified, the card has been obtained by means of fraud, or the person is
otherwise in violation of the provisions of this article.
(f) It shall not be necessary for a person to obtain an identification
card in order to claim the protections of Section 11362.5.
11362.715. (a) A person who seeks an identification card shall pay
the fee, as provided in Section 11362.755, and provide all of the
following to the county health department or the county's designee on
a form developed and provided by the department:
(1) The name of the person, and proof of his or her residency within
the county.
(2) Written documentation by the attending physician in the person's
medical records stating that the person has been diagnosed with a serious
medical condition and that the medical use of marijuana is appropriate.
(3) The name, office address, office telephone number, and California
medical license number of the person's attending physician.
(4) The name and the duties of the primary caregiver.
(5) A government-issuedphoto identification card of the person and
of the designated primary caregiver, if any. If the applicant is a person
under 18 years of age, a certified copy of a birth certificate shall be
deemed sufficient proof of identity.
(b) If the person applying for an identification card lacks the capacity
to make medical decisions, the application may be made by the person's
legal representative, including, but not limited to, any of the following:
(1) A conservator with authority to make medical decisions.
(2) An attorney-in-fact under a durable power of attorney for health
care or surrogate decisionmaker authorized under another advanced
health care directive.
(3) Any other individual authorized by statutory or decisional law to
make medical decisions for the person.
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(c) The legal representative described in subdivision (b) may also
designate in the application an individual, including himself or herself,
to serve as a primary caregiver for the person, provided that the
individual meets the definition of a primary caregiver.
(d) The person or legal representative submitting the written
information and documentation described in subdivision (a) shall retain
a copy thereof.
11362.72. (a) Within 30 days of receipt of an application for an
identification card, a county health department or the county's designee
shall do all of the following:
(1) For purposes of processing the application, verify that the
information contained in the application is accurate. If the person is less
than 18 years of age, the county health department or its designee shall
also contact the parent with legal authority to make medical decisions,
legal guardian, or other person or entity with legal authority to make
medical decisions, to verify the information.
(2) Verify with the Medical Board of California or the Osteopathic
Medical Board of California that the attending physician has a license
in good standing to practice medicine or osteopathy in the state.
(3) Contact the attending physician by facsimile, telephone, or mail
to confirm that the medical records submitted by the patient are a true
and correct copy of those contained in the physician's office records.
When contacted by a county health department or the county's designee,
the attending physician shall confirm or deny that the contents of the
medical records are accurate.
(4) Take a photograph or otherwise obtain an electronically
transmissible image of the applicant and of the designated primary
caregiver, if any.
(5) Approve or deny the application. If an applicant who meets the
requirements of Section 11362.715 can establish that an identification
card is needed on an emergency basis, the county or its designee shall
issue a temporary identification card that shall be valid for 30 days from
the date of issuance. The county, or its designee, may extend the
temporary identification card for no more than 30 days at a time, so long
as the applicant continues to meet the requirements of this paragraph.
(b) If the county health department or the county's designee approves
the application, it shall, within 24 hours, or by the end of the next
working day of approving the application, electronically transmit the
following information to the department:
(1) A unique user identification number of the applicant.
(2) The date of expiration of the identification card.
(3) The name and telephone number of the county health department
or the county's designee that has approved the application.
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Ch. 875 —8—
(c)
8—
(c) The county health department or the county's designee shall issue
an identification card to the applicant and to his or her designated
primary caregiver, if any, within five working days of approving the
application.
(d) In any case involving an incomplete application, the applicant
shall assume responsibility for rectifying the deficiency. The county
shall have 14 days from the receipt of information from the applicant
pursuant to this subdivision to approve or deny the application.
11362.735. (a) An identification card issued by the county health
department shall be serially numbered and shall contain all of the
following:
(1) A unique user identification number of the cardholder.
(2) The date of expiration of the identification card.
(3) The name and telephone number of the county health department
or the county's designee that has approved the application.
(4) A 24-hour, toll-free telephone number, to be maintained by the
department, that will enable state and local law enforcement officers to
have immediate access to information necessary to verify the validity of
the card.
(5) Photo identification of the cardholder.
(b) A separate identification card shall be issued to the person's
designated primary caregiver, if any, and shall include a photo
identification of the caregiver.
11362.74. (a) The county health department or the county's
designee may deny an application only for any of the following reasons:
(1) The applicant did not provide the information required by Section
11362.715, and upon notice of the deficiency pursuant to subdivision (d)
of Section 11362.72,did not provide the information within 30 days.
(2) The county health department or the county's designee
determines that the information provided was false.
(3) The applicant does not meet the criteria set forth in this article.
(b) Any person whose application has been denied pursuant to
subdivision (a) may not reapply for six months from the date of denial
unless otherwise authorized by the county health department or the
county's designee or by a court of competent jurisdiction.
(c) Any person whose application has been denied pursuant to
subdivision (a) may appeal that decision to the department. The county
health department or the county's designee shall make available a
telephone number or address to which the denied applicant can direct an
appeal.
11362.745. (a) An identification card shall be valid for a period of
one year.
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(b) Upon annual renewal of an identification card, the county health
department or its designee shall verify all new information and may
verify any other information that has not changed.
(c) The county health department or the county's designee shall
transmit its determination of approval or denial of a renewal to the
department.
11362.755. (a) The department shall establish application and
renewal fees for persons seeking to obtain or renew identification cards
that are sufficient to cover the expenses incurred by the department,
including the startup cost, the cost of reduced fees for Medi -Cal
beneficiaries in accordance with subdivision (b), the cost of identifying
and developing cost-effective Internet Web -based system, and the cost
of maintaining the 24-hour toll-free telephone number. Each county
health department or the county's designee may charge an additional fee
for all costs incurred by the county or the county's designee for
administering the program pursuant to this article.
(b) Upon satisfactory proof of participation and eligibility in the
Medi -Cal program, a Medi -Cal beneficiary shall receive a 50 percent
reduction in the fees established pursuant to this section.
11362.76. (a) A person who possesses an identification card shall:
(1) Within seven days, notify the county health department or the
county's designee of any change in the person's attending physician or
designated primary caregiver, if any.
(2) Annually submit to the county health department or the county's
designee the following:
(A) Updated written documentation of the person's serious medical
condition.
(B) The name and duties of the person's designated primary
caregiver, if any, for the forthcoming year.
(b) If a person who possesses an identification card fails to comply
with this section, the card shall be deemed expired. If an identification
card expires, the identification card of any designated primary caregiver
of the person shall also expire.
(c) If the designated primary caregiver has been changed, the
previous primary caregiver shall return his or her identification card to
the department or to the county health department or the county's
designee.
(d) If the owner or operator or an employee of the owner or operator
of a provider has been designated as a primary caregiver pursuant to
paragraph (1) of subdivision (d) of Section 113 62.7, of the qualified
patient or person with an identification card, the owner or operator shall
notify the county health department or the county's designee, pursuant
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Ch. 875 _10—
to
10—
to Section 11362.715,if a change in the designated primary caregiver has
occurred.
11362.765. (a) Subject to the requirements of this article, the
individuals specified in subdivision (b) shall not be subject, on that sole
basis, to criminal liability under Section 11357, 11358, 11359, 11360,
11366, 11366.5, or 11570. However, nothing in this section shall
authorize the individual to smoke or otherwise consume marijuana
unless otherwise authorized by this article, nor shall anything in this
section authorize any individual or group to cultivate or distribute
marijuana for profit.
(b) Subdivision (a) shall apply to all of the following:
(1) A qualified patient or a person with an identification card who
transports or processes marijuana for his or her own personal medical
use.
(2) A designated primary caregiver who transports, processes,
administers, delivers, or gives away marijuana for medical purposes, in
amounts not exceeding those established in subdivision (a) of Section
113 62.77, only to the qualified patient of the primary caregiver, or to the
person with an identification card who has designated the individual as
a primary caregiver.
(3) Any individual who provides assistance to a qualified patient or
a person with an identification card, or his or her designated primary
caregiver, in administering medical marijuana to the qualified patient or
person or acquiring the skills necessary to cultivate or administer
marijuana for medical purposes to the qualified patient or person.
(c) A primary caregiver who receives compensation for actual
expenses, including reasonable compensation incurred for services
provided to an eligible qualified patient or person with an identification
card to enable that person to use marijuana under this article, or for
payment for out-of-pocket expenses incurred in providing those
services, or both, shall not, on the sole basis of that fact, be subject to
prosecution or punishment under Section 11359 or 11360.
11362.77. (a) A qualified patient or primary caregiver may possess
no more than eight ounces of dried marijuana per qualified patient. In
addition, a qualified patient or primary caregiver may also maintain no
more than six mature or 12 immature marijuana plants per qualified
patient.
(b) If a qualified patient or primary caregiver has a doctor's
recommendation that this quantity does not meet the qualified patient's
medical needs, the qualified patient or primary caregiver may possess an
amount of marijuana consistent with the patient's needs.
93
1-0
— 11 — Ch. 875
(c) Counties and cities may retain or enact medical marijuana
guidelines allowing qualified patients or primary caregivers to exceed
the state limits set forth in subdivision (a).
(d) Only the dried mature processed flowers of female cannabis plant
or the plant conversion shall be considered when determining allowable
quantities of marijuana under this section.
(e) The Attorney General may recommend modifications to the
possession or cultivation limits set forth in this section. These
recommendations, if any, shall be made to the Legislature no later than
December 1,2005, and may be made only after public comment and
consultation with interested organizations, including, but not limited to,
patients, health care professionals, researchers, law enforcement, and
local governments. Any recommended modification shall be consistent
with the intent of this article and shall be based on currently available
scientific research.
(f) A qualified patient or a person holding a valid identification card,
or the designated primary caregiver of that qualified patient or person,
may possess amounts of marijuana consistent with this article.
11362.775. Qualified patients, persons with valid identification
cards, and the designated primary caregivers of qualified patients and
persons with identification cards, who associate within the State of
California in order collectively or cooperatively to cultivate marijuana
for medical purposes, shall not solely on the basis of that fact be subject
to state criminal sanctions -under Section 11357,11358, 11359,11360,
11366,11366.5, or 11570.
11362.78. A state or local law enforcement agency or officer shall
not refuse to accept an identification card issued by the department
unless the state or local law enforcement agency or officer has reasonable
cause to believe that the information contained in the card is false or
fraudulent, or the card is being used fraudulently.
11362.785. (a) Nothing in this article shall require any
accommodation of any medical use of marijuana on the property or
premises of any place of employment or during the hours of employment
or on the property or premises of any j ail, correctional facility, or other
type of penal institution in which prisoners reside or persons under arrest
are detained.
(b) Notwithstanding subdivision (a), a person shall not be prohibited
or prevented from obtaining and submitting the written information and
documentation necessary to apply for an identification card on the basis
that the person is incarcerated in a jail, Correctional facility, or other
penal institution in which prisoners reside or persons under arrest are
detained.
93
Ch. 875 —12—
(c)
12—
(c) Nothing in this article shall prohibit a j ail, correctional facility, or
other penal institution in which prisoners reside or persons under arrest
are detained, from permitting a prisoner or a person under arrest who has
an identification card, to use marijuana for medical purposes under
circumstances that will not endanger the health or safety of other
prisoners or the security of the facility.
(d) Nothing in this article shall require a governmental, private, or
any other health insurance provider or health care service plan to be
liable for any claim for reimbursement for the medical use of marijuana.
11362.79. Nothing in this article shall authorize a qualified patient
or person with an identification card to engage in the smoking of medical
marijuana under any of the following circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation
center, or youth center, unless the medical use occurs within a residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.
11362.795. (a) (1) Any criminal defendant who is eligible to use
marijuana pursuant to Section 11362.5 may request that the court
confirm that he or she is allowed to use medical marijuana while he or
she is on probation or released on bail.
(2) The court's decision and the reasons for the decision shall be
stated on the record and an entry stating those reasons shall be made in
the minutes of the court.
(3) During the period of probation or release on bail, if a physician
recommends that the probationer or defendant use medical marijuana,
the probationer or defendant may request a modification of the
conditions of probation or bail to authorize the use of medical marijuana.
(4) The court's consideration of the modification request authorized
by this subdivision shall comply with the requirements of this section.
(b) (1) Any person who is to be released on parole from a j ail, state
prison, school, road camp, or other state or local institution of
confinement and who is eligible to use medical marijuana pursuant to
Section 11362.5 may request that he or she be allowed to use medical
marijuana during the period he or she is released on parole. A parolee's
written conditions of parole shall reflect whether or not a request for a
modification of the conditions of his or her parole to use medical
marijuana was made, and whether the request was granted or denied.
(2) During the period of the parole, where a physician recommends
that the parolee use medical marijuana, the parolee may request a
modification of the conditions of the parole to authorize the use of
medical marijuana.
93
-13— Ch. 875
(3) Any parolee whose request to use medical marijuana while on
parole was denied may pursue an administrative appeal of the decision.
Any decision on the appeal shall be in writing and shall reflect the
reasons for the decision.
(4) The administrative consideration of the modification request
authorized by this subdivision shall comply with the requirements of this
section.
11362.8. No professional licensing board may impose a civil
penalty or take other disciplinary action against a licensee based solely
on the fact that the licensee has performed acts that are necessary or
appropriate to carry out the licensee's role as a designated primary
caregiverto a person who is a qualified patient or who possesses a lawful
identification card issued pursuant to Section 11362.72. However, this
section shall not apply to acts performed by a physician relating to the
discussion or recommendation of the medical use of marijuana to a
patient. These discussions or recommendations, or both, shall be
governed by Section 11362.5.
11362.81. (a) A person specified in subdivision (b) shall be subject
to the following penalties:
(1) For the first offense, imprisonment in the countyjail for no more
than six months or a fine not to exceed one thousand dollars ($1,000),
or both.
(2) For a second or subsequent offense, imprisonment in the county
jail for no more than one year, or a fine not to exceed one thousand dollars
($1,000) , or both.
(b) Subdivision (a) applies to any of the following:
(1) A person who fraudulently represents a medical condition or
fraudulently provides any material misinformation to a physician,
county health department or the county's designee, or state or local law
enforcement agency or officer, for the purpose of falsely obtaining an
identification card.
(2) A person who steals or fraudulently uses any person's
identification card in order to acquire, possess, cultivate, transport, use,
produce, or distribute marijuana.
(3) A person who counterfeits, tampers with, or fraudulently
produces an identification card.
(4) A person who breaches the confidentiality requirements of this
article to information provided to, or contained in the records of, the
department or of a county health department or the county's designee
pertaining to an identification card program.
(c) In addition to the penalties prescribed in subdivision (a), any
person described in subdivision (b) may be precluded from attempting
93
F
Ch. 875 — 14—
to
4—
to obtain, or obtaining or using, an identification card for a period of up
to six months at the discretion of the court.
(d) In addition to the requirements of this article, the Attorney
General shall develop and adopt appropriate guidelines to ensure the
security and nondiversion of marijuana grown for medical use by
patients qualified under the Compassionate Use Act of 1996.
11362.82. If any section, subdivision, sentence, clause, phrase, or
portion of this article is for any reason held invalid or unconstitutional
by any court of competentjurisdiction, that portion shall be deemed a
separate, distinct, and independent provision, and that holding shall not
affect the validity of the remaining portion thereof.
11362.83. Nothing in this article shall prevent a city or other local
governing body from adopting and enforcing laws consistent with this
article.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district because
in that regard this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or infraction,
within the meaning of Section 17556 of the Government Code, or
changes the definition of a crime within the meaning of Section 6 of
Article XIII B of the California Constitution.
In addition, no reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for other costs
mandated by the state because this act includes additional revenue that
is specifically intended to fund the costs of the state mandate in an
amount sufficient to fund the cost of the state mandate, within the
meaning of Section 17556 of the Government Code.
.z
93
M
�OF<
Please immediately confirm receipt
cf this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING TO EXTEND INTERIM ORDINANCE NO. 1867, AN
UNCODIFIED INTERIM URGENCY ORDINANCE IMPOSING
MORATORIUM ON 1) THE OUTDOOR CULTIVATION OF MEDICAL
MARIJUANA WITHIN THE CITY OF LODI AND 2) THE INDOOR
CULTIVATION OF MEDICAL MARIJUANA THAT CREATES A PUBLIC
NUISANCE
PUBLISH DATE: SATURDAY, DECEMBER 8,2012
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK
LNS ACCT. #0510052 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, DECEMBER 6,2012
ORDERED BY: RANDI JOHL
CITY CLERK
JEGAIFER M. OBISON, CMC
ASSISTANT CITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
Faxed to the Sentinel at 369-1 084at (time) on (date) (pages)
LNS Phoned to confirm receipt of all pages at (time) 9 JMR (initials)
fortnAadvins.doc
DECLARATION OF POSTING
PUBLIC HEARING TO EXTEND INTERIM ORDINANCE NO. 1867, AN UNCODIFIED
INTERIM URGENCY ORDINANCE IMPOSING A MORATORIUM ON 1) THE
OUTDOOR CULTIVATION OF MEDICAL MARIJUANAWITHIN THE CITY OF LODI
AND 2) THE INDOOR CULTIVATION OF MEDICAL MARIJUANATHAT CREATES A
PUBLIC NUISANCE
On Thursday, December 6, 2012, in the City of Lodi, San Joaquin County, California, a
Notice of Public Hearing to extend interim Ordinance No. 1867, an uncodified interim
urgency ordinance imposing a moratorium on 1) the outdoor cultivation of medical
marijuana within the City of Lodi and 2) the indoor cultivation of medical marijuana that
creates a public nuisance (attached and marked as Exhibit A) was posted at the
following locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
declare under penalty of perjury that the foregoing is true and correct.
Executed on December 6, 2012, at Lodi, California.
n
(7�VAI Al. L�M,
J454NIFFR WA ROBISON, CMC
ASSISTANT CITY CLERK
N:\Administration\CLERK\Forms\DECPOSTCA.DOC
ORDERED BY:
RANDIJOHL
CITY CLERK
MARIA DITMORE
ADMINISTRATIVE CLERK
�y OFA
OQ
.' ^EDECLARATION OF MAILING
9�/FORS
PUBLIC HEARING TO EXTEND INTERIM ORDINANCE NO. 1867, AN UNCODIFIED
INTERIM URGENCY ORDINANCE IMPOSING A MORATORIUM ON 1) THE OUTDOOR
CULTIVATION OF MEDICAL MARIJUANAWITHIN THE CITY OF LODI AND 2) THE INDOOR
CULTIVATION OF MEDICAL MARIJUANA THAT CREATES A PUBLIC NUISANCE
On December 6, 2012, in the City of Lodi, San Joaquin County, California, I deposited in the
United States mail, envelopes with first-class postage prepaid thereon, containing Notice of
Public Hearing to extend interim Ordinance No. 1867, an uncodified interim urgency ordinance
imposing a moratorium on 1) the outdoor cultivation of medical marijuana within the City of Lodi
and 2) the indoor cultivation cf medical marijuana that creates a public nuisance, attached
hereto Marked Exhibit A. The mailing listfor said matter is attached hereto, marked Exhibit B.
There is a regular daily communication by mail between the City of Lodi, California, and the
places to which said envelopes were addressed.
declare under penalty of perjury that the foregoing is true and correct.
Executed on December 6, 2012, at Lodi, California.
1 Yl
JEANIFER W ROBISON, CMC
ASSISTANT CITY CLERK
Forms/decmail .doe
ORDERED BY:
RANDIJOHL
CITY CLERK, CITY OF LODI
MARIA BECERRA
ADMINISTRATIVE CLERK
• CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
Date: December 19,2012
Time: 7:00 p.m.
For information regarding this notice please contact:
Rand! Johl
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HE/
NOTICE IS HEREBY GIVEN that on Wednesday, December 19, 2012, at the hour of
7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will
conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider
the following item:
a) to extend interim Ordinance No. 1867, an uncodified interim
urgency ordinance imposing a moratorium on 1) the outdoor
cultivation of medical marijuana within the City of Lodi and 2) the
indoor cultivation of medical marijuana that creates a public
nuisance.
Information regarding this item may be obtained in the City Attorney's Office, 221 West
Pine Street, Lodi, (209) 333-6701. All interested persons are invited to present their
views and comments on this matter. Written statements may be filed with the City Clerk,
City Hall, 221 West Pine Street, 2"d Floor, Lodi, 95240, at any time prior to the hearing
scheduled herein, and oral statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to
the close of the public hearing.
By Order of the Lodi City Council:
I
City Clerk
Dated: December 5,2012
Approved as to form:
D. Stephen Schwabauer
City Attorney
CLERK\PUBHEAR\NOTICES\NOT—MedicalMarijuana DOC 1213112
s
Public Hearing to Extend Interim Ordinance No. 1867, an Uncodified Interim
Urgency Ordinance Imposing a Moratorium on 1) the Outdoor Cultivation of
Medical Marijuana within the City cf Lodi and 2) the Indoor Cultivation of
Medical Marijuana that Creates a Public Nuisance
MAILING LIST
Robin Rushing
1390 W. Lockeford St.
Lodi, CA 95242
Wilma Bianchi
317 Finch Run
Lodi, CA 95240
Joshua Dougherty
311 Finch Run
Lodi, CA 95240