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File Number: 17-654 <br />4-38-300 Adult-Use Cannabis Activity Prohibited. All Commercial Cannabis Activity, including <br />any that would be allowed under an A-License or to an A-Licensee or for Adult Use, and all <br />Cultivation, including any Indoor Cultivation, Mixed Light Cultivation and Outdoor Cultivation, other <br />than Cultivation for personal use in accordance with State law, is prohibited within the City, except <br />as permitted by this Chapter. <br />4-38-400 Permitted Commercial Cannabis Activity. The following are permitted Commercial <br />Cannabis Activity within the City of San Leandro: <br />(a) Cannabis Distribution and Dispensing from a State Licensed medical cannabis dispensary <br />that also has a City issued medical cannabis dispensary operating permit awarded pursuant to <br />City of San Leandro Municipal Code Chapter 4-33, and a City-issued conditional use permit <br />awarded pursuant to City of San Leandro Zoning Code Article 22; <br />(b) Delivery of Medicinal Cannabis to patients and primary caregivers within the City of San <br />Leandro from State Licensed Medical Cannabis Dispensaries; <br />(c) The manufacture of Cannabis Product by a State Licensee in accordance with all City of San <br />Leandro ordinances and regulations, including but not limited to the City of San Leandro Zoning <br />Code and the City of San Leandro Administrative Code; <br />(d) The testing of Cannabis and Cannabis Product within a laboratory by a State Licensee in <br />accordance with all City of San Leandro ordinances and regulations, including but not limited to <br />the City of San Leandro Zoning Code and the City of San Leandro Administrative Code. <br />4-38-405 State Licenses. Subject to the requirements of this Chapter, and in accordance with <br />the MAUCRSA and Division 10, commencing with Section 26000 of the Business and <br />Professions Code, the following State License classification types, including temporary licenses, <br />will be allowed within the City: <br />(a) Type 6-A or M - Manufacturer 1. (A - Adult Use; M - Medicinal) (Type 1 denotes manufacturers <br />that do not use solvents in the manufacturing process) <br />(b) Type 7-A or M - Manufacturer 2. (A - Adult Use; M - Medicinal) (Type 2 denotes manufacturers <br />that do use solvents in the manufacturing process) <br />(c) Type 8-A or M - Testing laboratory. (A - Adult Use; M - Medicinal) <br />(d) Type 10-M - Retailer. (M - Medicinal) <br />(e) Type 11-M - Distributor.(Distributor. (M - Medicinal) <br />(f) Cannabis Dispensaries may also operate with a Type 6 M - Manufacturer 1 State License. <br />Cannabis Dispensaries shall not operate with a Type 7 M - Manufacturer 2 State License. <br />(g) Cannabis Dispensaries shall not operate with a Type 8 - Testing Laboratory, A or M State <br />License. <br />(h) Cannabis Dispensaries shall not operate with a Type 10 - A or M - Retailer (non-storefront) <br />State License. <br />(i) Unless determined by the City Manager that cross-permitting would negatively impact public <br />safety, and unless otherwise provided herein, State License Types 6, 7, and 8 are for both <br />commercial Adult-Use Cannabis activity and commercial Medicinal Cannabis activity. <br />4-38-500 Enforcement. <br />(a) Any Commercial Cannabis Activity within the City in violation of this Chapter is hereby <br />declared to be unlawful and a public nuisance. <br />(b) Any Person who willfully or knowingly (i) engages in a violation of this Chapter or (ii) owns, <br />possesses, controls, or has charge of any parcel of real property in the City upon which a violation <br />of this Chapter is maintained and who has actual knowledge of such violation (or would have <br />actual knowledge of such violation after a reasonable inquiry), shall be subject to the penalties <br />and remedies provided by this Chapter. <br />Page 4 City of San Leandro Printed on 11/28/2017 <br />191