(a) On June 30, 2010, the Board of Supervisors for the County of San Diego added to the County Code of Regulatory Ordinances Title 2, Division 1, Chapter 25 relating to medical cannabis collective facilities. The regulatory codes therein determined that the Sheriff's Department would be the issuing and enforcement authority for legally established medical cannabis operation certificates and approved fees to recover the cost of processing applications and compliance monitoring for medical cannabis facility operating certificates.
(b) In May 2013, the California Supreme Court issued its decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., et al., holding that cities and counties have the authority to ban medical cannabis land uses.
(c) On October 11, 2015, the Governor signed into law Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical Cannabis Regulation and Safety Act ("MCRSA"), effective January 1, 2016, which establishes a state licensing system for medical cannabis cultivation, manufacturing, delivery and dispensing, regulating these activities with licensing requirements and regulations that are only applicable if cities and counties also permit cannabis cultivation, manufacturing, or dispensing within their jurisdictions. Under the MCRSA, cities and counties may continue to ban these cannabis facilities and activities, in which case the state will not issue licenses within those jurisdictions.
(d) On November 8, 2016, the state voters approved the Adult Use of Marijuana Act (AUMA), also identified as Proposition 64 ("Prop 64"). Prop 64 legalized adult non-medical use of cannabis and established a state licensing scheme for non-medical cannabis facilities largely patterned on the MCRSA, and generally (1) allows adults 21 years and older to possess up to one ounce of cannabis and cultivate up to six plants for personal use; (2) regulates and taxes the production, manufacture, and sale of cannabis for adult use; and (3) rewrites criminal penalties so as to reduce the most common cannabis felonies to misdemeanors and allow prior offenders to petition for reduced charges. Prop 64, similar to MCRSA, allows cities and counties to prohibit the establishment of non-medical facilities and licenses that are provided under Prop 64, providing for minimal personal use exceptions.
(e) On March 15, 2017, the Board of Supervisors found and determined that amendments to the Zoning Ordinance to ban Medical and Non-Medical Cannabis Facilities throughout any unincorporated zones were reasonable and necessary for public health, safety and welfare, and consistent with the General Plan, and the intent of those amendments was to prohibit the establishment and operation of both Medical and Non-Medical Cannabis Facilities.
(f) On March 15, 2017, the Board of Supervisors found and determined that amendments to the Regulatory Ordinances, Section 21.2503(a), to prohibit the Sheriff's Department from issuing any new Medical Cannabis Collective Facility Operating Certificates to facilities that were not lawfully established prior to April 14, 2017, and consistent with San Diego County Zoning Ordinance Section 6935, were reasonable and necessary for public health, safety and welfare. The Board determined that all applicable County Code of Regulatory Ordinances related to the operation of Medical Cannabis Collective Facilities with valid Operating Certificates shall continue to apply until such time as those facilities have been amortized pursuant to Zoning Ordinance Section 6935.
(g) In June 2017, California established the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) through Senate Bill 94. As a combination of its precursors, MCRSA and AUMA, the MAUCRSA became the single regulatory system for governing medicinal and adult-use cannabis in California.
(h) On October 6, 2021, the Board of Supervisors finds and determines that amendments to the County Code of Regulatory Ordinances, Section 21.2501 et seq., and removal of Section 6935 of the Zoning Ordinance and associated amortization throughout the unincorporated area are consistent with the General Plan, and the intent of those amendments is to allow the continued operation of existing Medical Cannabis Collective Facilities and allow Medical Cannabis Collective Facilities to engage in Commercial Medical or Adult Use Cannabis activities.
(i) On October 6, 2021, the Board of Supervisors finds and determines that Medical Cannabis Collectives Facilities, Commercial Cannabis Microbusinesses and Commercial Cannabis Retailers may sell edible products and branded merchandise. The Board of Supervisors also finds and determines that existing Medical Cannabis Collective Facilities, Commercial Cannabis Microbusinesses, or Commercial Cannabis Retailers may alter existing structures, or add an addition up to 10,000 square feet pursuant to Zoning Ordinance Section 6861.
(j) On May 24, 2022, the Board of Supervisors directed the Chief Administrative Officer to explore the establishment of a cannabis licensing program to be managed by Planning & Development Services, Code Compliance rather than by law enforcement and return to the Board with options for the Cannabis Facility Operation Certificate fee.
(Added by Ord. No. 10060 (N.S.), effective 7-30-10; amended by Ord. No. 10474 (N.S.), effective 4-21-17; amended by Ord. No. 10751 (N.S.), effective 11-19-21; amended by Ord. No. 10812 (N.S.), effective 12-16-22)
(a) "Primary Care Giver" has the same meaning as defined by state law, including but not limited to Health & Safety Code sections 11362.5(e) and 11362.7(d). As explained in People v. Mentch (2008) 45 Cal.4th 274, a "primary caregiver" is a person who (1) consistently provides caregiving to a qualified patient, (2) independent of any assistance in taking medical cannabis, (3) at or before the time he or she assumed responsibility for assisting with medical cannabis.
(b) "Qualified Patient" has the same meaning as defined by state law, including but not limited to Health & Safety Code sections 11362.7(f) and 11362.5(b).
(c) "Medical Cannabis Collective" or "Collective" means any cannabis cooperative association or combination of primary caregivers and/or qualified patients collectively or cooperatively cultivating and/or storing cannabis for medical purposes as provided in Business and Professions Code Section 26220 et seq.
(d) "Medical Cannabis Collective Facility" or "Collective Facility" means any location at which members of a medical cannabis collective collectively or cooperatively cultivate, store or exchange cannabis among themselves or reimburse each other or the medical cannabis collective for cultivation, overhead costs and operating expenses. "Medical Cannabis Collective Facility" or "Collective Facility" does not mean or include the following facilities licensed pursuant to the following provisions of Division 2 of the Health and Safety Code:
(1) A clinic licensed pursuant to Chapter 1;
(2) A health facility licensed pursuant to Chapter 2;
(3) A residential care facility for persons with chronic, life-threatening illnesses licensed pursuant to Chapter 3.01;
(4) A residential care facility for the elderly licensed pursuant to Chapter 3.2; or
(5) A residential hospice or a home health agency licensed pursuant to Chapter 8.
(e) "Commercial Cannabis Microbusiness" means a cannabis facility that holds an A-Type 12 (Adult Use) or M-Type-12 (Medical Use) Microbusiness license in accordance with Business and Professions Code Section 26050, and is engaged in three of the four following medical commercial cannabis activities:
(1) Retailer
(2) Cultivation of cannabis on an area less than 10,000 square feet
(3) Manufacturing
(4) Distribution
(f) "Commercial Cannabis Retailer" means a retail storefront facility that sells cannabis and cannabis products and holds an A-Type 10 (Adult Use) or M-Type 10 (Medical Use) Retailer license in accordance with Business and Professions Code Section 26050.
(g) "Cannabis" has the same meaning as defined by state law, including but not limited to Health & Safety Code section 11018.
(h) "Caregiver Events" means visits, consultations, transactions, interactions or other events involving a qualified patient and his or her primary caregiver designated by the qualified patient and his or her primary caregiver to demonstrate that the primary caregiver meets the requirements of state law, including but not limited to Health & Safety Code section 11362.5(e), other relevant statutes and court decisions.
(i) "Responsible Persons" means those members of the Medical Cannabis Collective Facility or owners and/or officers of the Commercial Cannabis Microbusiness or Commercial Cannabis Retailer who shall be jointly and severally responsible for operation, management, direction, or policy of the facility in compliance with state law and this ordinance.
(j) "Applicant" or "Applicants" means those persons who are completing and executing the Application for a Cannabis Operating Compliance Certificate ("Operating Certificate").
(k) "Edible Cannabis Product" has the same meaning as defined by state law, including but not limited to Business and Professions Code section 26001(t).
(l) "Branded Merchandise" has the same meaning as defined by state law, including but not limited to the California Code of Regulations, Title 16, section 5000(b).
(Added by Ord. No. 10060 (N.S.), effective 7-30-10; amended by Ord. No. 10120 (N.S.), effective 3-3-11; amended by Ord. No. 10751 (N.S.), effective 11-19-21)
(a) A Medical Cannabis Collective, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer may only operate a facility in the unincorporated area of San Diego County if a valid Operating Certificate has been issued by the Planning & Development Services Department to a member of the collective or owner and/or officer of the Commercial Cannabis Microbusiness or Commercial Cannabis Retailer facility. The Department of Planning & Development Services shall not issue new Operating Certificates except to those facilities which were lawfully established prior to April 14, 2017.
(b) The procedure for obtaining an Operating Certificate, including appeals of denials and revocations, shall be as set forth in Chapter 1 of the County of San Diego Uniform Licensing Procedure, except as set forth in this chapter and in addition, shall be subject to the specific requirements and regulations set forth in this chapter.
(c) The application for an Operating Certificate shall be developed by the Department of Planning & Development Services. At a minimum, the application developed by the Department of Planning & Development Services shall require the applicant(s) to provide sufficient information deemed necessary by the Department of Planning & Development Services to make an initial determination that (1) the applicant(s) will be operating a legitimate facility in compliance with state law and this ordinance, and (2) the applicant(s) is or are the owner(s) of the property for which the Operating Certificate is sought or have the written permission of the owner(s) of the property for which the license is sought.
(d) As a condition for obtaining an Operating Certificate from the Department of Planning & Development Services, the applicant must show proof that the location has been approved by the Zoning Division, and a building permit (including a tenant improvement permit) has been applied for if required by the California Building Code.
(e) The application, which upon completion shall be signed by the applicant(s), shall also require the applicant(s), at a minimum, to make the following express representations:
(1) That no activities prohibited by state law will occur on or at the Medical Cannabis Collective Facility, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer with the knowledge of the responsible person(s).
(2) That the Medical Cannabis Collective Facility, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer and all of its members, owners, and/or officers will comply with all provisions of this chapter and state law pertaining to cannabis.
(f) An Operating Certificate issued pursuant to this section shall be valid only for the address for which it was issued.
(g) Section 21.108(c) of the County of San Diego Uniform Licensing Procedure shall not apply to the issuance of Operating Certificates for Medical Cannabis Collective Facilities, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer.
(h) The applicant(s) shall provide to the Department of Planning & Development Services along with a completed application and fee for the Operating Certificate, evidence that any required building permit (including a tenant improvement permit) issued by the Department of Planning and Development Services has passed final inspection and occupancy approval has been issued before Planning & Development Services’ Operating Certificate can be effective.
(i) For purposes of facilitating the provisions of this ordinance, a Medical Cannabis Collective Facility, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer must have a unique identifying name that will be entered onto the application for an Operating Certificate.
(j) The fee for an Operating Certificate shall be as provided in section 362.1 of the County Code of Administrative Ordinances for Cannabis Facility Operation Certificate.
(k) The application for an Operating Certificate shall designate and identify one or more persons as responsible persons. The designated responsible person(s) shall include the applicant(s). Operating Certificates may be transferred to others by the following procedure: upon request of all responsible persons listed on an Operating Certificate, the proposed transferee(s) shall apply to the Department of Planning & Development Services for a new Operating Certificate as required by this section. Upon issuance of a new Operating Certificate, the transferor's Operating Certificate shall expire. Removal of all responsible persons originally listed on an Operating Certificate shall constitute a transfer. Operating Certificates may also be updated to add responsible persons or include additional cannabis activities, subject to a reduced application fee reflecting Department of Planning & Development Services actual cost of any necessary background checks or investigation.
(l) An Operating Certificate shall not be issued where a responsible party has a felony conviction.
(Added by Ord. No. 10060 (N.S.), effective 7-30-10; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10474 (N.S.), effective 4-21-17; amended by Ord. No. 10751 (N.S.), effective 11-19-21; amended by Ord. No. 10812 (N.S.), effective 12-16-22)
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