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8F Consent 20190401
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8F Consent 20190401
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3/26/2019 7:29:54 PM
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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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4-38-400 PERMITTED COMMERCIAL CANNABIS ACTIVITY. <br /> The following are permitted commercial cannabis activity within the City of San <br />Leandro: <br /> (a) Cannabis distribution and dispensing from a State-licensed cannabis dispensary <br />for medical and adult use by persons 21 years of age or older that also has a City- <br />issued cannabis dispensary operating permit awarded pursuant to City of San Leandro <br />Municipal Code Chapter 4-33, and a City-issued conditional use permit awarded <br />pursuant to City of San Leandro Zoning Code Article 22; <br /> (b) Delivery of cannabis within the City of San Leandro from State-licensed cannabis <br />dispensaries; <br /> (c) The manufacture of cannabis product by a State licensee in accordance with all <br />City of San Leandro ordinances and regulations, including, but not limited to, the City of <br />San Leandro Zoning Code and the City of San Leandro Administrative Code; <br /> (d) The testing of cannabis and cannabis product within a laboratory by a State <br />licensee in accordance with all City of San Leandro ordinances and regulations, <br />including, but not limited to, the City of San Leandro Zoning Code and the City of San <br />Leandro Administrative Code. <br /> <br />4-38-405 STATE LICENSES. <br /> Subject to the requirements of this Chapter, and in accordance with the MAUCRSA <br />and Division 10, commencing with Section 26000 of the Business and Professions <br />Code, the following State license classification types, including temporary licenses, will <br />be allowed within the City: <br /> (a) Type 6—A or M - Manufacturer 1. (A - Adult Use; M - Medicinal) (Type 1 denotes <br />manufacturers 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 <br />manufacturers that do use solvents in the manufacturing process). <br /> (c) Type 8—Testing Laboratory. . <br /> (d) Type 10—A or M - Retailer. (A – Adult Use; M - Medicinal). <br /> (e) Type 11—A or M - Distributor. (A – Adult Use; M - Medicinal). <br /> (f) Cannabis dispensaries may also operate with a Type 6 M - Manufacturer 1 State <br />license. Cannabis dispensaries shall not operate with a Type 7 M - Manufacturer 2 <br />State license. <br /> (g) Cannabis dispensaries shall not operate with a Type 8 - Testing Laboratory <br />State license. <br /> (h) Cannabis dispensaries may operate with a Type 10 A or M - Retailer (non- <br />storefront) State license. <br /> (i) Unless determined by the City Manager that cross-permitting would negatively <br />impact public safety, and unless otherwise provided herein, State license Types 6, 7, <br />and 8 are for both commercial adult-use cannabis activity and commercial medicinal <br />cannabis activity. <br /> <br />4-38-500 ENFORCEMENT. <br /> (a) Any commercial cannabis activity within the City in violation of this Chapter is <br />hereby declared to be unlawful and a public nuisance. <br /> (b) Any person who willfully or knowingly: (1) engages in a violation of this Chapter;
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