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DRAFT Medical Marijuana Dispensary Ordinance (12/3/2012 City Council meeting) <br /> <br /> 7 <br /> <br />medical cannabis found to be unsafe on the basis of such testing results, or to the Dispensary’s operations <br />and practices generally. <br /> <br /> (10) Representative samples of medical marijuana distributed by a collective or cooperative <br />shall be analyzed by an independent laboratory to ensure it is free of harmful pesticides and other <br />contaminants regulated by local, state or federal regulatory statutory standards. Any medical marijuana <br />from which the representative sample tested positive for a harmful pesticide or other contaminant at a level <br />that exceeds the local, state or federal regulatory or statutory standards shall be destroyed forthwith. <br /> <br /> (11) Any medical marijuana provided to collective members shall be properly labeled in strict <br />compliance with state and local laws, regulations and policies. <br /> <br /> (12) Dispensaries shall not allow cannabis to be smoked, ingested or otherwise consumed on <br />the premises. The term premises includes the actual building, as well as any accessory structures, parking <br />areas, or other immediately surrounding areas. <br /> <br /> (13) Dispensaries shall not hold or maintain a license from the State Department of Alcoholic <br />Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. <br />Dispensaries shall not operate as a restaurant, cafe or lounge serving food or drinks for consumption on- <br />site. There shall be no seating area, tables, couches, or chairs for the gathering or congregating of patients <br />or primary caregivers. <br /> <br /> (14) A Dispensary shall post a copy of the Business License Certificate issued by the City’s <br />Finance Department and a copy of the Cannabis Dispensary Permit issued by the City in a conspicuous <br />place on the premises. <br /> <br /> (15) The regulation of edible cannabis products shall be as follows: <br /> <br /> (a) No edible cannabis products requiring refrigeration or hot-holding shall be <br />manufactured for sale or distribution at a Dispensary, due to the potential for food-borne illness. <br />Exemptions may be granted by the City, in consultation with the Alameda County Department of Public <br />Health (DPH) on a case-by-case basis. For such exempted edible cannabis products, DPH may require a <br />HACCP (Hazard Analysis and Critical Control Points) plan before approving the distribution of such medical <br />cannabis products at a Dispensary. Such products requiring a HACCP plan may include ice cream and <br />other dairy products. <br /> (b) Baked medicinal products (i.e. brownies, bars, cookies, cakes), tinctures and other <br />non-refrigerated type items are acceptable for manufacture and sale at a Dispensary. <br /> (c). All items shall be individually wrapped at the original point of preparation. Labeling <br />must include a warning if nuts or other known allergens are used, and must include the total weight (in <br />ounces or grams) of cannabis in the package. A warning that the item is a medication and not a food must <br />be distinctly and clearly legible on the front of the package. The package label must have a warning clearly <br />legible emphasizing that the product is to be kept away from children. The label must also state that the <br />product contains medical cannabis, and must specify the date of manufacture. <br /> (d) Packaging that makes the product attractive to children or imitates candy is not <br />allowed. Any edible cannabis product that is made to resemble a typical food product (i.e. brownie, cake) <br />must be in a properly labeled opaque (non see-through) package before it leaves the Dispensary. <br />Deliveries must be in properly labeled opaque packages when delivered to a patient.