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8C Consent 2016 0620
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8C Consent 2016 0620
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6/14/2016 3:56:08 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/20/2016
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_CC Agenda 2016 0620 CS + RG
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File Number: 16-289 <br />documentation" as accurate reproductions of those portions of a patient's medical records <br />that have been created by the attending physician, that contain the information required by <br />paragraph (2) of subdivision (a) of California Health and Safety Code Section 11362.715, <br />and that the patient may submit to a county health department or the county's designee as <br />part of an application for an identification card. <br />4-33-200 - DISPENSARY PERMIT REQUIRED AND APPLICATION FOR PERMIT. <br />(a) Except for hospitals, it is unlawful for any person, corporation, company, entity, owner, <br />operator, collective, cooperative, or association to own, conduct, operate or maintain, or to <br />participate therein, or to cause or to allow to be conducted, operated, or maintained, any <br />Dispensary in the City of San Leandro unless there exists a valid Dispensary permit in <br />compliance with the provisions of this Chapter. <br />(b) This Chapter does not apply to the individual possession or cultivation of medical <br />marijuana for personal use, nor does this Chapter apply to the usage, distribution, cultivation <br />or processing of medical marijuana by qualified patients or primary caregivers when such <br />group is of three (3) or less individuals, and distributing, cultivating or processing the <br />marijuana from a residential unit or a single non-residential parcel of land. Associations of <br />three (3) or less qualified patients or primary caregivers shall not be required to obtain a <br />Dispensary permit under this Chapter, but must comply with all applicable State Laws and <br />the Attorney General Guidelines. <br />(c) The City shall issue no more than two (2) valid permits for the operation of <br />dispensaries in the City. <br />(d) In addition to the requirements specified in Chapter 2-2 related to Business <br />Licenses, the permit application for a Dispensary shall set forth the following <br />information: <br />(1) Unless it is determined by the City that the location will not impact the peace, <br />order and welfare of the public, evidence that the proposed location of such Dispensary is <br />not within one thousand (1000’) feet of a public or private school, public library, youth center <br />(serving youth ages eighteen (18) and under), parks and recreation facilities, facilities for <br />religious worship and incidental religious education and another Dispensary and five <br />hundred (500’) feet from a residential zone. The proposed Dispensaries must be located in a <br />commercial or industrial zone, or its equivalent as may be amended, of the City. <br />(2) A complete description of the type, nature and extent of the enterprise to be <br />conducted. <br />(3) A plan of operations that will describe how the Dispensary will operate <br />consistent with State law, the provisions of this Chapter, the City’s Municipal and Zoning <br />Codes, and conditions of approval including but not limited to: <br />(i) Controls to verify medical marijuana will be dispensed only to <br />qualified patients and primary caregivers; and <br />(ii) Controls to acquire, possess, transport and distribute marijuana to and <br />from members, and plans to ensure marijuana is acquired as part of a closed-circuit of <br />Page 4 City of San Leandro Printed on 6/14/2016
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