(a) The hours of operation of a Medical Cannabis Collective Facility, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer shall be no earlier than 8 a.m. and no later than 8 p.m., seven days a week.
(b) No persons under the age of eighteen are allowed at, in, or on the premises of a Medical Cannabis Collective Facility, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer for medical use, unless such individual is a qualified patient and accompanied by their licensed attending physician, parent or documented legal guardian. No persons under the age of twenty-one are allowed at, in, or on the premises of an adult use Commercial Cannabis Microbusiness or Commercial Cannabis Retailer.
(c) In order to facilitate verification that a Medical Cannabis Collective Facility is operating pursuant to state and local laws, the following records must be maintained at the Medical Cannabis Collective Facility at all times and available for inspection by the Department of Planning & Development Services:
(1) A record identifying all current qualified patient members of the collective associated with the Medical Cannabis Collective Facility. The record shall identify each qualified patient's designated primary caregiver, the name of the physician providing the recommendation for medical cannabis and shall reflect whether the recommendation is written or oral. The record shall identify the city and county of residence for each qualified patient and his or her primary caregiver.
(2) A record identifying all current primary caregiver members of the collective associated with the Medical Cannabis Collective Facility, and the persons for whom they are the designated primary caregiver. The record will show the city and county of residence for all qualified patients and primary caregivers.
(3) A current record of caregiver events for each member of the collective associated with the Medical Cannabis Collective Facility. Such record should include, at a minimum, the dates, times, duration, participants and nature of the caregiver event(s). Such record shall not include information protected by federal or state medical information privacy laws.
(4) A record identifying the source or sources of all cannabis currently on the premises of the Medical Cannabis Collective Facility or that has been on the premises during the two-year period preceding the current date. The record shall reflect the grower and the address and location of cultivation of the identified cannabis.
(5) All cannabis at the Medical Cannabis Collective Facility must at all times be physically labeled with information which, used in conjunction with the record required by section 21.2505(c)(4), will allow for ready identification of the specific collective member who is the source of the cannabis.
(6) All cannabis at the Medical Cannabis Collective Facility must at all times be physically labeled with the monetary amount to be charged (or "price" for purposes of this subparagraph only) to a collective member as reimbursement for cost of cultivation, overhead and operating expenses. Cannabis that is stored in bulk, and which is distributed by requested weight amount, shall be labeled with the price-per-ounce. Cannabis that is stored and distributed in fixed weight packages shall be labeled with the price and weight of the cannabis in the package.
(7) Current records of all transactions involving money and/or cannabis occurring in connection with the operation and activities of the collective or the Medical Cannabis Collective Facility during the two-year period preceding the current date. Such records must include at a minimum the following information: (a) The names of the persons involved, the person's membership status in the collective associated with the Medical Cannabis Collective Facility, and whether they are a qualified patient or a primary caregiver; (b) the amount of cash involved, if any, (c) the amount of cannabis involved, if any, (d) the method of payment if not by cash, and (d) if cannabis was involved, the collective member who was the source of the cannabis.
(A) within seven days of request by the Department of Planning & Development Services, the member will produce for inspection by law enforcement a record, current to within 48 hours, of costs of cultivation, overhead and operating expenses; and
(B) the location of the cultivation of the cannabis supplied by the member shall be subject to inspection for physical verification by appropriate law enforcement or fire agencies.
The form of the agreement required by this subdivision shall be determined by the Department of Planning & Development Services, and shall require as a minimum the full name, home address, cultivation site address, home and emergency telephone numbers and the agreement required by this section.
(9) A record showing the identification of the responsible persons for the collective by name, home address and telephone number.
(10) A clearly-visible, posted document identifying the names of the responsible persons and their emergency contact telephone numbers.
(d) The total quantity of cannabis located at any Medical Cannabis Collective Facility shall not exceed the maximum quantity limits set by state law, as established by statute and court decisions, in relation to the number of qualified patients and primary caregivers that are members of the collective.
(e) All cannabis at a Medical Cannabis Collective Facility must have been cultivated at that Medical Cannabis Collective Facility or have as its source a member or members of the collective with which the Medical Cannabis Collective Facility is associated.
(f) The sale of Edible Cannabis Products and Branded Merchandise is allowed at a Medical Cannabis Collective Facility, Commercial Cannabis Microbusiness that includes retail as one of the three uses, and Commercial Cannabis Retailer.
(g) No smoking or any other consumption or ingestion of cannabis is allowed at a Medical Cannabis Collective Facility, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer.
(h) Only persons who are members of the collective that is associated with a Medical Cannabis Collective Facility shall 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, at the Medical Cannabis Collective Facility.
(i) All transactions between or among members of a collective involving the exchange of cannabis and money, the exchange of cannabis and any other thing of value, the exchange of cannabis, or the provision of cannabis by one collective member to another collective member shall occur at the Medical Cannabis Collective Facility operated by the collective to which the members belong, except as follows: To the extent allowed by Health & Safety Code § 11362.71 and Health & Safety Code § 11362.765, a member of a collective may transport medical cannabis from the Medical Cannabis Collective Facility of the collective to which the member belongs and deliver the medical cannabis to another member of the same collective and may, upon delivery, accept money on behalf of the collective in exchange for the medical cannabis.
(j) Medical Cannabis Collective Facilities, Commercial Cannabis Microbusinesses, and Commercial Cannabis Retailers shall be available for inspection by the Sheriff, the Director of Planning and Development Services, the fire authority having jurisdiction or their respective authorized representatives, at all times during operating hours and upon reasonable notice during non-operating hours.
(k) A Medical Cannabis Collective Facility, Commercial Cannabis Microbusiness, and Commercial Cannabis Retailer shall have on its premises, posted in a prominent location, a copy of its Operating Certificate and a document that provides the names, home addresses, home telephone numbers and 24-hour emergency telephone numbers of its responsible persons.
(l) A licensed, uniformed security guard shall be present at a Medical Cannabis Collective Facility, Commercial Cannabis Microbusiness, and Commercial Cannabis Retailer at all times during hours of operation pursuant to section 21.2505(a).
(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. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10751 (N.S.), effective 11-19-21; amended by Ord. No. 10812 (N.S.), effective 12-16-22)