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10A Action 2013 0916
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10A Action 2013 0916
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9/11/2013 4:40:45 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/16/2013
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_CC Agenda 2013 0916 CS+RG
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DRAFT Medical Marijuana Dispensary Ordinance (12/3/2012 City Council meeting) <br /> <br /> 8 <br /> <br /> (e) Individuals conducting the manufacturing or sale of products shall thoroughly wash <br />their hands before commencing production and before handling the finished product. Gloves must be worn <br />when packaging edible cannabis products. <br /> (f) In order to reduce the likelihood of foodborne disease transmission, individuals who are <br />suffering from symptoms associated with acute gastrointestinal illness or are known to be infected with a <br />communicable disease that is transmissible through foodstuffs are prohibited from preparing edible <br />cannabis products until they are free of that illness or disease, or are incapable of transmitting the illness or <br />disease through foodstuffs. Anyone who has sores or cuts on their hands must use gloves when preparing <br />and handling edible cannabis products. <br /> (g) Edible cannabis products for sale or distribution at a Dispensary must have been <br />prepared by a member of that Dispensary. No non-member edible cannabis products are allowed for sale <br />or distribution at a Dispensary. <br /> (h) A patient or primary caregiver who produces edible cannabis products that are sold at <br />more than one Dispensary in the City or Alameda County must become a State certified food handler. If <br />more than one person is involved in producing edible cannabis products at one facility, only one person <br />needs to be certified. The valid certificate number of the member who has prepared the edible cannabis <br />product must be on record at the Dispensary where the product is sold or distributed, and a copy of the <br />certificate kept either on-site, or made available during inspections if kept off-site. <br /> <br /> (16) All employees responsible for the handling, processing, dispensing, providing and <br />cultivation of marijuana must be members of the Dispensary. Prior to employment, the employee members <br />must be fingerprinted (through a Live Scan) for the purpose of conducting a background check. The <br />purpose is to determine whether the employee has been convicted or plead guilty, plead for or was granted <br />entry into a diversion program in lieu of conviction for, or plead nolo contendre to the following criminal <br />offenses, or their equivalent if arising out of state: <br /> <br />i) Health and Safety Code Sections 11350 et al (pertaining to controlled <br /> substances, with the exception of marijuana related offenses) <br />ii) Penal Code Section 187 (homicide) <br />iii) Penal Code Section 207 (kidnapping) <br />iv) Penal Code Section 211 (robbery) <br />v) Penal Code Sections 240-248 (assault & battery) <br />vi) Penal Code Section 261 (rape) <br />vii) Penal Code Section 314 (indecent exposure) <br />viii) Penal Code Section 450 (arson) <br />ix) Penal Code Sections 458-464 (burglary) <br />x) Penal Code Sections 470-483.5 (forgery) <br />xi) Penal Code Sections 484-502.9 (larceny) <br />xii) Penal Code Sections 503-515 (embezzlement) <br /> <br />The employee applicant must contact the Chief of Police for information related to the processing and cost <br />of the fingerprinting, and any costs must be paid for in advance by the employee applicant. The <br />background check shall review the last five (5) years of the employee applicant’s criminal history. If the <br />background investigation determines the employee has been convicted of one of the above offenses, the <br />Dispensary shall no longer employ the member as an employee. <br /> <br />(b) Recordkeeping
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