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8F Consent 20190401
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8F Consent 20190401
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
4/1/2019
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<br />To the fullest extent permitted by law, any actions taken by a public officer or employee <br />under the provisions of this Chapter shall not become a personal liability of any public <br />officer or employee of the City of San Leandro. <br /> <br />Section 2. That the following shall replace Title 4, Chapter 38 in its entirety: <br /> <br />4-38-100 INTENT AND PURPOSES. <br /> <br />The intent and purpose of this Chapter is to regulate commercial cannabis activity (as <br />defined below) in accordance with State law to promote the health, safety, morals, and <br />general welfare of the residents and businesses within the City. The City is authorized <br />to regulate this activity pursuant to the MAUCRSA. The goals of this regulation are to <br />ensure the City’s regulatory framework is not preempted by State law in the areas of <br />cannabis distribution, dispensing, manufacture, testing and cultivation of cannabis for <br />adult use. It is City policy to permit the dispensing and retailing of cannabis in <br />accordance with City of San Leandro Municipal Code Chapters 4-33 and 4038, to <br />permit the manufacture of cannabis products at City permitted dispensaries, to permit <br />the manufacture and laboratory testing of cannabis products for medicinal and adult <br />use, and to prohibit cultivation of cannabis, except for personal use that comports with <br />State law. Any references to “medicinal cannabis” or medical cannabis shall also be <br />applicable to adult-use cannabis. The City’s permitted medical cannabis dispensaries <br />shall be allowed to conduct retail sales for adult use to any customer who is verified as <br />being 21 years of age or older. <br /> <br />4-38-200 DEFINITIONS. <br /> For purposes of this Chapter, the following definitions shall apply, unless the context <br />clearly indicates otherwise: <br /> (a) “A-License” means a State License issued under Division 10, commencing with <br />Section 26000 of the Business and Professions Code, for cannabis or cannabis <br />products that are intended for adults twenty-one (21) years of age and over and who do <br />not possess physician’s recommendations or an interim license issued by the State for <br />the same. <br /> (b) “A-Licensee” means any Person holding a State License under Division 10, <br />commencing with Section 26000, of the Business and Professions Code for cannabis or <br />cannabis products that are intended for adults twenty-one (21) years of age and over <br />and who do not possess physician’s recommendations or an interim license issued by <br />the State for the same. <br /> (c) “Adult Use Cannabis” means the non-medical use of cannabis by adults of age <br />twenty-one (21) and over as permitted by MAUCRSA and other applicable State and <br />City laws. <br /> (d) “Cannabis” shall have the same meaning as in Section 26000 of the Business <br />and Professions Code. <br /> (e) “Cannabis Dispensary” or “Dispensary” shall be as defined in City of San <br />Leandro Municipal Code Section 4-33-100(d) <br /> (f) “Cannabis Product” shall have the same meaning as in Section 11018.1 of
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