This chapter establishes the regulations for cannabis, to the extent allowed by state law, in a way that will minimize
the impacts on the community and help pay for costs associated with
the usage of a controlled substance. This chapter does not authorize
or permit any conduct not allowed by state law.
(Ord. 443 § 1, 2016; Ord. 458 § 2, 2021)
A.
The
intent of this chapter is to regulate the cultivation, processing
and dispensing of cannabis in a manner that protects
the health, safety and welfare of the community.
B.
This
chapter is not intended to interfere with a qualified patient or primary caregiver's right to medical
marijuana, as provided for in California Health and Safety
Code Section 11362, nor criminalize the same. Medical marijuana for personal use shall be in conformance with the standards set
forth in this title.
(Ord. 443 § 1, 2016; Ord. 458 § 2, 2021)
The owner and permittee of a cannabis business shall release the city of Lemon Grove, and its agents, officers,
elected officials, and employees from any injuries, damages, or liabilities
of any kind that result from any arrest or prosecution of cannabis business owners, operators, employees, primary caregiver or qualified patients
for violation of state or federal laws in a form satisfactory to the
manager of the community development department. In addition, the
owner and permittee of a cannabis business shall
indemnify and hold harmless the city of Lemon Grove and its agents,
officers, elected officials, and employees for any claims, damages,
or injuries brought by adjacent or nearby property owners or other
third parties due to the operations at the cannabis business, and for any claims brought by any of their customers or qualified patients for problems, injuries, damages, or liabilities
of any kind that may arise from the cannabis business provided at the in a form satisfactory to the manager of the community
development department.
(Ord. 443 § 1, 2016; Ord. 458 § 2, 2021)
Cannabis businesses which dispense, deliver,
process, manufacture, distribute, and cultivate cannabis shall be required to obtain a conditional use permit consistent with Section 17.28.050 prior to operation. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining a conditional use permit to operate a cannabis business.
(Ord. 443 § 1, 2016; Ord. 458 § 2, 2021)
The following words and phrases are italicized throughout this
title and shall have the meanings found in this section.
means all parts of the plant Cannabis sativa
Linnaeus, whether growing or not; the seeds thereof; the resin, whether
crude or purified, extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of
the plant, its seeds or resin. It does not include Industrial hemp,
as defined in Section 11018.5 of the California Health and Safety
Code, unless otherwise specified; or the weight of any other ingredient
combined with cannabis to prepare topical or oral
administrations, food, drink or other product.
means any equipment, products or materials of any kind which
are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.
means any business activity involving cannabis or industrial hemp, including, but not limited
to, cultivating, transporting, distributing, manufacturing, compounding,
converting, processing, preparing, storing, packaging, delivering,
testing, dispensing, retailing and wholesaling of cannabis, cannabis products, industrial hemp, industrial
hemp products or of ancillary products and accessories, whether or
not carried on for gain or profit.
means raw cannabis that has undergone a
process whereby the raw agricultural product has been transformed
into a concentrate, including, but not limited to, concentrated cannabis, or an edible or tropical product containing cannabis or concentrated cannabis and/or
other ingredients. "Cannabis product(s)" also means cannabis products as defined by Section 11018.1 of the California
Health and Safety Code and is not limited to medicinal cannabis products.
means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis.
means the commercial transfer of cannabis or cannabis products to a customer by a dispensary or its authorized agents. "Delivery" includes
the use by a dispensary of any technology platform
owned and controlled by the retailer, or independently licensed under
California law, that enables customers to arrange for or facilitate
the commercial transfer by a licensed retailer of cannabis or cannabis products.
means a corporate officer, corporate board member, or employee
with supervisory responsibilities of an authorized dispensary business that dispenses cannabis.
means a facility where cannabis, cannabis accessories, or cannabis products
are offered, either individually or in any combination, for retail
sale.
means the procurement, sale, and transport of cannabis and cannabis products between licensed entities
for commercial use purposes.
means a person educated, clinically experienced, and licensed
by the Medical Board of California, or the Osteopathic Medical Board
of California to practice medicine.
means the production, preparation, propagation, or compounding
of cannabis or cannabis products
either directly or indirectly or by extraction methods, or independently
by means of chemical synthesis, or by a combination of extraction
and chemical synthesis at a fixed location that packages or re-packages cannabis or cannabis products or labels
or relabels its container.
means cannabis or cannabis product intended to be used, sold or sold for use pursuant to the
Compassionate Use Act of 1996 (Proposition 215), found at Section
11362.5 of the Health and Safety Code, for a medical marijuana patient in California who possesses a physician's recommendation,
or a medical marijuana identification card issued
pursuant to Health and Safety Code Section 11362.71. Medical
marijuana does not include recreational use.
A document provided by the San Diego County medical
marijuana identification card (MMIC) program pursuant to
the State Department of Health Services that identifies a qualified patient authorized to engage in the medical use
of marijuana and the person's designated primary caregiver, if any as per California Health and Safety Code Section 11362.7,
and as may be amended.
means a cannabis business licensed by the
state of California to act as three or more of the following at the
same licensed premises: a distributor, dispensary, manufacturer, or cultivator.
means a licensed retailer that conducts retail sales exclusively
by delivery.
a manual that each dispensary shall develop,
implement and maintain on the premises which contains requirements outlined in Section 17.32.090(C)(6).
means an individual who is a qualified patient who has applied for and received a valid identification
card pursuant to this chapter and the California Health and
Safety Code Section 11362.7, and as may be amended.
means a lot, parcel, tract or plot of land, together with
the buildings, structures and appurtenances thereon.
means the individual or individuals designated by a qualified patient who has consistently assumed responsibility
for the housing, health or safety of that qualified patient. As used herein, a primary caregiver may only grow,
administer, transport, or engage in the activities regulated hereunder
on behalf of the qualified patient for whom they
have consistently assumed responsibility for the housing, health or
safety of that qualified patient. A primary
caregiver may engage in other activities as specifically
enumerated herein.
are for purposes of computing distance separations from any
public or private pre-schools and schools, licensed daycare facilities,
any park or playground, alcohol and substance abuse treatment centers.
means a person who has obtained a written recommendation
or approval from a licensed physician to use cannabis for personal medical purposes.
are for purposes of computing distance separations for cannabis businesses (with or without accessory cultivation
uses) but excluding individual residential cultivation sites operated
by qualified patients or primary caregivers and located solely in single-family residential zones.
means the conduct of investigational activities that require cannabis and/or cannabis accessories in
order to investigate opportunities for new cannabis products and/or develop new cannabis products.
(Ord. 443 § 1, 2016; Ord. 458 § 2, 2021)
The following information must be submitted with an application
to request medical marijuana use in conformance to
this section and the city of Lemon Grove. All documents which relate
to the general provisions and the requirements listed in the submittal
requirements must be included in the operations manual.
A.
Physician/Patient
Confidentiality. All processes and reviews conducted pursuant to this
chapter shall preserve to the maximum extent possible all legal protection
and privileges. Disclosure of any member information shall not be
deemed a waiver of confidentiality of those records under any provision
of state law.
B.
Medical
Marijuana Cultivation Permitted by Compassionate Use Act. All cultivation
of marijuana for medical purposes shall not be declared unlawful by
the city of Lemon Grove when said cultivation is conducted solely
for the personal medical purposes of qualified patients as permitted by the state of California and as outlined in the
following sections of this chapter.
(Ord. 443 § 1, 2016; Ord. 458 § 2, 2021)
In addition to the findings required for the granting of a conditional use permit by Section 17.28.050 of this title or minor use permit by Section 17.28.052 of this title, the decision making authority shall consider the following:
A.
Whether
the approval of the proposed use will violate the minimum requirements
set forth in this chapter for distance separations between establishments
which dispense, process or cultivate cannabis; and
separations between establishments which dispense, process or cultivate cannabis and other specific regulated or protected land
uses as set forth in this chapter.
B.
Whether
the proposed use complies with Title 17 of the Lemon Grove Municipal
Code.
(Ord. 443 § 1, 2016; Ord. 458 § 2, 2021)
A.
Zones. Dispensaries may be established by conditional use permit
in the heavy commercial (HC), limited commercial (LC), general commercial
(GC) and light industrial (LI) zones and subject to the distance requirements. Dispensaries are prohibited in mixed-use zones (Downtown
Village Specific Plan and Central Commercial) and all residential
zones (RLM, RL, RM, RMH).
B.
Distance
Requirements. An application may be submitted provided the proposed
facility meets the required distance measurements. For purposes of
measurements, all dispensaries are considered regulated uses and public parks as defined at Section 12.20.030 of Lemon Grove Municipal Code, playgrounds as defined at Section 18.28.020(V), of the Lemon Grove Municipal Code, licensed day care facilities as defined at Section 17.08.030 of Lemon Grove Municipal Code, schools as defined at California Health and Safety Code Section 11362.768, subdivision (h), and alcohol and substance abuse treatment centers are considered protected uses. Measurement is made
between the closest property lines of the premises in which the regulated uses and protected
uses are located. A regulated use must not
be:
1.
Within
one thousand feet of any other regulated use which is located either
inside or outside the jurisdiction of the city;
2.
Within
one thousand feet from any protected use which is located either inside
or outside the jurisdiction of the city.
The measurement of distance between uses will take into account
natural topographical barriers and constructed barriers such as freeways
or flood control channels that would impede direct physical access
between the uses. In such cases, the separation distance shall be
measured as the most direct route around the barrier in a manner that
establishes direct access.
C.
Standards.
1.
Background
Check Required for Directors and Employees. The director and employees of a dispensary must obtain a background
check through the California Department of Justice or the San Diego
County sheriff's department prior to employment. Directors convicted
of a serious felony, as defined in California Penal Code Section 1192.7,
subdivision (c), and Health and Safety Code Section 11359 (Possession
for sale) within the previous ten years shall not be eligible for
a license. Other potential employees and volunteers convicted of the
crimes identified in this section in the previous five years are ineligible
for employment or participation. If during employment with the dispensary, a director or employee is convicted
of a crime identified in this section shall be immediately dismissed
from employment or required to resign as a corporate board member
or officer. For purposes of this section, a conviction in another
state that would have been a conviction equivalent under California
law to those convictions specified in this section will disqualify
the person from employment or volunteering at the dispensary.
2.
Security
Personnel Required. Dispensaries shall have at least
one uniformed security guard on duty during operating hours that possess
a valid Department of Consumer Affairs "Security Guard Card."
3.
Community
Relations Liaison Required. Dispensaries shall designate
a community relations liaison (liaison) who shall be at least twenty-one
years of age. The liaison may also be the director of the dispensary. To address community complaints
or operational problems with the dispensaries, the
individual designated as the community relations liaison shall provide
his or her name, phone number and email address to the following:
4.
Inspection
of Premises. City code enforcement officers, San
Diego sheriff's department staff, and any other employee of the city
requesting admission for the purpose of determining compliance with
the standards set forth in this section shall be given access to the premises. City and sheriff staff shall not retain information
pertaining to individual patient records viewed during an inspection,
and information related to individual patients shall not be made public.
Inspectors will give reasonable notice of a scheduled inspection.
Unannounced inspections of a dispensary may occur
if city or sheriff's department staff have probable cause that the dispensary is violating the law.
5.
Inspection
Requirements. In order to facilitate verification that a dispensary operates pursuant to state and local laws, the following records
must be maintained at the premises at all times and
available for inspection by city code enforcement officers, San Diego
sheriff's department staff, and any other employee of the city:
a.
Client Records. The dispensary shall keep a record
of its medical marijuana clients. The record shall
include the following and shall be maintained for a two-year period:
i.
Qualified patient member's name, name of primary caregiver when appropriate, and name of licensed physician recommending use of medical marijuana for the member.
b.
Medical Marijuana Records. Dispensary shall keep
a record of its medical marijuana transactions. The
following records shall be maintained for a two-year period and labeling
shall occur as specified:
i.
A record identifying the source or sources of all medical
marijuana currently on the premises or that
has been on the premises during the two-year period
preceding the current date. The record shall include the name of the
cultivator or manufacturer and the address of the cultivation or manufacturing
location.
ii.
All medical marijuana at the premises must at all times be physically labeled with information that will
allow for identification of the source of the medical marijuana.
iii.
All medical marijuana at the premises shall be physically labeled with the monetary amount to be charged.
c.
Financial Records. Dispensary shall maintain records
of all transactions involving money and/or marijuana occurring at
the premises. Records shall be maintained for a two-year
period preceding the current date.
d.
Employee Records. Dispensary shall maintain a record
of each employee/volunteer and director. The record
shall include name and background check verification. Records shall
be maintained for a two-year period following the end of an employee's
employment or director's relationship with the dispensary.
6.
Operations
Manual. The application for a conditional use permit shall include
a detailed operations manual including, but not necessarily
limited to, the following information:
a.
Authorization for the city, its agents and employees, to seek verification
of the information contained within the application;
b.
A description of the staff screening process including appropriate
background checks;
c.
The hours and days of the week the dispensary will
be open;
d.
Text and graphic materials showing the site, floor plan and facilities
of the dispensary. The material shall also show adjacent
structures and land use;
e.
A description of the security measures located on the premises, including, but not limited to, lighting, alarms, and automatic
law enforcement notification;
f.
A description of the screening, registration and validation process
for qualified patients;
g.
A description of qualified patient records acquisition
and retention procedures;
h.
The process for tracking medical marijuana quantities
and inventory controls employed, including the source of medical
marijuana (on-site cultivation, processing, or plant material,
or processed products, received from outside sources);
i.
Procedures to ensure accurate record keeping, including protocols
to ensure that quantities purchased do not suggest re-distribution;
j.
Other information required by the manager of the community services
department.
7.
Operating
Standards. Dispensaries shall comply with all of
the following operating standards. In addition to these standards,
the dispensaries shall comply at all times with conditions
outlined in the approved conditional use permit and the operational
manual.
a.
Dispensing cannabis to an individual more than once
a day is prohibited;
b.
Dispensaries shall only dispense medical
marijuana to an individual qualified patient or primary caregiver who has a valid, verified licensed physician's recommendation, and if appropriate,
a valid primary caregiver designation. The dispensary shall verify that the licensed physician's recommendation
is current and valid;
c.
On-site evaluation by a licensed physician for the purposes of obtaining
a qualified status is prohibited;
d.
Dispensaries shall display the client rules and/or
regulations in a conspicuous place that is readily seen by all persons
entering the dispensary. The client rules and/or
regulations shall include, but are not limited to:
i.
Each building entrance to a dispensary shall be
clearly and legibly posted with a notice indicating that smoking,
ingesting or consuming cannabis on the premises or in the vicinity of the dispensary is prohibited
unless specifically authorized within the governing conditional use
permit,
ii.
The building entrance to a dispensary shall be clearly
and legibly posted with a notice indicating criteria for entering
the premises,
iii.
The hours of operation for an authorized dispensary shall be limited to between six a.m. to ten p.m. or as specified
within the conditional use permit,
iv.
Dispensaries shall not permit the use or consumption
of cannabis on site unless specifically authorized
under the conditional use permit,
v.
Dispensaries shall not permit the on-site display
of unprocessed cannabis plants or representations
of cannabis plants in any areas visible to the public,
vi.
All signage for dispensaries shall require a sign
permit from the city prior to installation. Signage shall not include
any terminology (including slang) or symbols for cannabis,
vii.
Dispensaries shall only permit the distribution
of cannabis plant material and cannabis manufactured products from licensed sources as allowed by the approved
conditional use permit;
e.
Dispensaries shall maintain on the premises an on-site training curriculum capable of meeting employee, agents
and volunteer training needs. The minimum training curriculum shall
include professional conduct, ethics, and state and federal laws regarding
patient confidentiality; specific procedural instructions for responding
to an emergency, including robbery or violent incident.
f.
Dispensaries shall maintain all necessary permits,
and pay all appropriate taxes. Dispensaries shall
also provide invoices to cultivators and manufacturers to ensure tax
liability responsibility;
g.
Dispensaries shall implement procedures as outlined
in their approved operations manual;
h.
Dispensaries shall submit an "annual performance
review report" for review and approval by the community development
department. The "annual performance review report" is intended to
identify effectiveness of the approved conditional use permit, operations manual, and conditions of approval, as well as
any proposed modification to procedures as deemed necessary. The manager
of the community development department may review and approve amendments
to the approved "operations manual"; and the frequency
of the "annual performance review report." Cannabis cultivation and dispensing monitoring review fees pursuant to the
current Master Fee Schedule shall accompany the "annual performance
review report" for costs associated with the review and approval of
the report;
i.
Dispensaries shall maintain twenty-four-hour recorded
video surveillance of the premises. Recordings shall
be retained for ninety days for inspection by city staff. City staff
must provide valid cause for viewing video surveillance. City staff
must ensure that patient privacy is safeguarded. Video surveillance
will not be shared with law enforcement except when formally requested
as part of a law enforcement investigation directly involving the dispensary;
j.
Sales of alcoholic beverages are prohibited;
k.
Sales of tobacco and tobacco products are prohibited;
l.
Sales of drug paraphernalia are prohibited;
m.
The location of the dispensary shall include the
installation of a centrally monitored alarm system;
8.
Source
of Cannabis. A dispensary shall
only dispense cannabis from the following sources
and this information shall be included in the operations manual:
a.
On-Site Cultivation, Manufacturing, and Distribution for Authorized Dispensary. If the conditional use permit authorizes on-site cannabis cultivation, manufacturing, or distribution at
the dispensary, on-site cultivation, manufacturing, or distribution shall conform to the specific zone regulations, Section 17.24.060 Accessory Buildings and Uses, Section 17.32.100 of this chapter, and applicable Building and Fire Codes. The operations
manual shall include information regarding the on-site cultivation,
including, but not limited to:
b.
Licensed External Source. Dispensaries shall source
their cannabis from licensed distributors and microbusinesses
authorized to engage in distribution that have obtained a license
from the state of California or equivalent document showing that the
organization is operating in zoning and regulatory compliance from
another jurisdiction for the cannabis cultivation
or manufacturing.
(Ord. 443 § 1, 2016; Ord. 458 § 2, 2021)
The cultivation of cannabis for personal use
shall be permitted in connection with a residence and meeting the
minimum standards required by the state of California.
(Ord. 443 § 1, 2016; Ord. 458 § 2, 2021)
Cannabis cultivation, manufacturing, distribution, research and/or development may be permitted within an enclosed building in the light industrial (LI) zone subject to the issuance of a conditional use permit. The separation standards set forth in Section 17.32.090 shall only apply to cannabis cultivation, manufacturing,
or distribution conducted at a dispensary where cannabis, cannabis accessories, or cannabis products are offered, either individually or in
any combination, for retail sale.
Cannabis cultivation, manufacturing, distribution,
research, and/or development may be established in conjunction with
a dispensary in the heavy commercial (HC), limited
commercial (LC), general commercial (GC) zones as an accessory use
subject to the issuance of a conditional use permit.
(Ord. 458 § 2, 2021)
All activities involving the delivery of cannabis by a dispensary shall comply with regulations,
restrictions and guidelines established by the state of California.
The delivery of cannabis from any dispensary to a retail or medical customer within the city shall only be permitted by a validly issued conditional use permit or as otherwise permitted by Section 17.32.130(F).
The delivery of cannabis from a dispensary or non-storefront retailer outside of the city to customers within
the city shall be permitted from dispensaries and
non-storefront retailers that have obtained a license from the state
of California or equivalent document showing that the dispensary or non-storefront retailer is operating in zoning and regulatory
compliance from another jurisdiction.
(Ord. 443 § 1, 2016; Ord. 458 § 2, 2021)
A.
Administrative
Citation and Revocation.
1.
Any
violation of this chapter occurs the city has the authority to immediately
cite a dispensary for the violation. The dispensary is given one warning and if not corrected within seven calendar days, the city may issue an administrative citation of five hundred dollars per violation. The citations may escalate according to the schedules identified in Chapter 1.24 until and unless the violations have been corrected.
2.
A use permit may be revoked according to Section 17.28.020(N) (Revocation of approvals and permits). Revocation proceedings may occur for noncompliance with the governing condition use permit or zoning clearance and any of the standards in this chapter.
B.
Transfer
of Use Permit. The rights of an approved use permit to operate a dispensary may be transferred to another dispensary as a use permit modification according to Section 17.28.020(M).
C.
Appeals. Any applicant or other interested person may appeal a decision by the community development manager according to Section 17.28.020(I).
D.
Fees.
Applications filed under this chapter shall be reviewed and processed
on a full cost recovery basis pursuant to the current Master Fee Schedule.
The city council may amend the Master Fee Schedule from time to time
to ensure for full cost recovery of administration of any permit issued
under this chapter.
(Ord. 443 § 1, 2016; Ord. 458 § 2, 2021)
