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New Prposed Draft Ordinance for MMJ in LA City

Discussion in 'Medical Marijuana Usage and Applications' started by Justonevoice, Sep 18, 2009.

  1. The follwing is the latest Proposed Draft Ordinance for MMJ in the City of Los Angeles as proposed by Councilmember Ed Reyes. It is appearent that the city just doies not get it. It is my opinion that every pateint, provider and advocate that can make it attend the plum committee meeting next week and express our concerns. Note that there are phone numbers listed below to councilmember Reys office please use them also to express our concerns. ASA has prepared a revised proposal for submission.

    200 N. SPRING STREET
    CITY HALL, ROOM 410,​

    LOS ​
    ANGELES, CA 90012
    (213) 485-3451 PHONE
    (213) 485-8907 FAX
    DISTRICT OFFICE
    163
    S. AVE. 24
    ROOM 202

    LOS ​
    ANGELES, CA 90031
    (213) 485-0763 PHONE
    (213) 485-8908 FAX

    September 15, 2009
    ED P. REYES​

    Councilmember, First District​

    City Council
    Attn: Planning
    & Land Use Management Committee (PLUM)
    c/o Barbara Greaves, City Clerk
    200 N. Spring St., Rm. 395
    Los Angeles, CA 90012
    RE: CF 08-0923 - City's Proposed Medical Marijuana Ordinance
    I am submitting for PLUM committee consideration on the September 22, 2009 PLUM
    committee agenda, the attached most current version of the proposed ordinance
    (alternative draft ordinance/new direction ordinance) which I introduced at PLUM on
    June 9, 2009 along with instructions. The Chief Legislative Analyst coordinating with
    several Couocil Offices and City Departments worked on the ordinance draft pursuant to
    previous PLUM committee directives.
    The alternative ordinance is comprised of two components. The Zoning /land use
    component and the Non-zoning / land use component
    The revised draft submitted herein is only to the non-zoning / land use component-

    An ordinance adding Article
    6.6 to Chapter IV of the Los Angeles Municipal Code to
    regulate medical marijuana cooperatives/collectives operating within the City of Los
    Angeles and to establish regulatory fees.

    If you should have any questions, you may contact my office.​

    ED P. REYES​

    Councilmember, First District
    Cc: Hanh D. Dao, Office of the Chief Legislative Analyst​

    The First District: ​
    "Home of the Original Suburbs"

    ORDINANCE NO. _
    An ordinance adding Article 6.6 to Chapter IV of the Los Angeles Municipal Code
    to regulate medical marijuana cooperatives and collectives operating within the City of
    Los Angeles and to establish regulatory fees.
    WHEREAS, on November 5, 1996, California voters approved the
    Compassionate Use Act of 1996 (CUA) in order to exempt seriously ill patients and their
    primary caregivers from state criminal liability for possession and cultivation of
    marijuana;
    WHEREAS, the California Legislature passed the Medical Marijuana Program
    Act of 2003 (codified as Sections 11362.7 through 11362.83, inclusive, of the California
    Health and Safety Code), which supplemented and clarified the scope for application of
    the CUA, promoted uniform and consistent application of the CUA within the State, and
    enhanced access of patients and caregivers to medical marijuana;
    WHEREAS, the Medical Marijuana Program Act of 2003 (MMPA) allows cities
    and other governing bodies to adopt and enforce laws consistent with the MMPA;
    WHEREAS, the City of Los Angeles has a compelling interest in ensuring that
    Los Angeles residents suffering from life threatening or serious illness have access to a
    safe and affordable supply of medical grade marijuana and cannabis products; and
    WHEREAS, the City of Los Angeles desires to establish a permitting process in
    order to impose regulations that will protect the peace, health, safety and welfare of
    qualified patients and the community as a whole.
    NOW THEREFORE,
    THE PEOPLE OF THE CITY OF LOS ANGELES
    DO ORDAIN AS FOLLOWS:
    Section 1. Chapter IV of the Los Angeles Municipal Code is hereby amended by
    adding Article 6.6 thereto, said Article to read:
    ARTICLE 6.6
    MEDICAL MARIJUANA COOPERATIVE/COLLECTIVE PERMIT
    SEC. 46.60. PURPOSE AND INTENT.
    The ordinance codified in this Article, in compliance with California Health and
    Safety Code Sections 11362.5, ​
    et seq., does not interfere with a patient's right to
    medical marijuana, nor does it criminalize the possession or cultivation of medical
    marijuana by specifically
    defined classifications of persons, pursuant to state law.

    Rev. ​
    7/22/09 1

    Under state law, only qualified patients, persons with identification cards and primary
    caregivers may cultivate medical marijuana collectively. Medical marijuana cooperatives
    and collectives shall otherwise comply with all provisions of the Los Angeles Municipal
    Code, including the zoning ordinance, and the California Health and Safety Code.
    Nothing in this ordinance purports to permit activities that are otherwise illegal under
    state law.​

    ,​
    ,

    SEC. 46.61. DEFINITIONS.
    The following phrases, when used in this chapter, shall be construed as defined
    in the California Health and Safety Code Sections 11362.5 and 11362.7, as amended
    from time to time:
    "Attending physician;"
    "Cultivation of medical marijuana;"
    "Identification card;"
    "Person with an identification card;"
    "Primary caregiver;"
    "Qualified patient;" and
    "Written Recommendation."
    The following phrases, when used in this chapter, shall be construed as defined
    below:
    "Chief of Police." Chief of Police as designated by the City Council of the City of
    Los Angeles, or the authorized representative thereof.
    "Drug Paraphernalia." Same definition as ascribed in California Health and
    Safety Code Section 11354.5, as amended from time to time.
    "Medical Marijuana." Includes "Medical Cannabis" and shall be defined in strict
    accordance with California Health and Safety Code Sections 11362.5 through
    11362.83, inclusive, as amended from time to time.
    "Medical Marijuana Cooperative/Collective." Sometimes referred to hereinafter
    as "Cooperative," "Collective," "Cooperative/Collective," or "MMCC," shall include the
    terms "Dispensing Collective," "Dispensing Cooperative," "Medical Cannabis Collective,"
    "Medical Cannabis Cooperative," "Medical Marijuana Collective," "Medical Marijuana
    Cooperative," "Medical Marijuana Dispensary," "Dispensary," or similar term, and shall
    mean a cooperative or collective of three or more Qualified Patients or Primary
    Caregivers that facilitates the lawful cultivation and distribution of Medical Marijuana and
    operates not for profit, consistent with California Health
    & Safety Code Sections

    11362.5 et seq., ​
    with the Guidelines for the Security and Non-diversion of Marijuana
    Grown for Medical Use issued by the California Attorney General in August 2008, and
    with this Article. A cooperative must be organized and registered as a Consumer
    Cooperative Corporation under the California Corporations Code, Sections 12300,
    et

    Rev. 7/22/09 ​
    2

    seq., or a Nonprofit Cooperative Association under the California Food and Agricultural
    Code, Sections 54002, ​
    et seq. A collective may be organized as a corporation,
    partnership or other legal entity under California state law but must be jointly owned and
    operated by its members. As set forth in Section 46.64(b)(3), an MMCC may obtain
    Medical Marijuana only from members of the cooperative or collective and may
    distribute Medical Marijuana only to members of the cooperative or collective. As also
    set forth in Section 46.64(b)(3), an MMCC may operate only on a not for profit basis and
    reimburse only reasonable out-of-pocket expenses to itself and its members.
    An MMCC shall not include dispensing by Primary Caregivers to Qualified
    Patients in the following locations and uses: a clinic licensed pursuant to Chapter I of
    Division 2 of the California Health and Safety Code; a health care facility licensed
    pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; a
    residential facility for persons with chronic life-threatening "illness licensed pursuant to
    Chapter 3.01 of Division 2 of the California Health and Safety Code, a residential care
    facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California
    Health and Safety Code; a residential hospice; or a home health agency licensed
    pursuant to Chapter 8 of Division 2 of California Health and Safety Code, as long as
    such use complies strictly with applicable law including, but not limited to, California
    Health and Safety Code Sections 11362.5 through 11362.83, inclusive.
    "Permittee." Entity or Person(s) to whom a Medical Marijuana
    Cooperative/Collective Permit is issued.
    "School." An institution of learning for juveniles under the age of 18, whether
    public or private, offering a regular course of instruction required under the California
    Education Code. The term "school" shall include nursery school, kindergarten,
    elementary school, middle school or junior high school, senior high school or any
    special institution of education. The term "school" does not include collegiate level
    institutions including colleges, graduate schools, universities and non-profit research
    institutions.

    "Sensitive ​
    Uses." Schools, public parks, libraries, public beach access points,
    substance abuse facility, child-oriented establishments, or establishments that (i)
    advertise in a manner that identifies the establishment as catering to or providing
    services primarily intended for minors, or (ii) the individuals who regularly patronize,
    congregate or assemble at the establishment are primarily minors. A "Sensitive Use"
    shall not include a daycare facility or preschool facility that provides supervision of 12 or
    fewer minor children.

    SEC. 46.62. MEDICAL MARIJUANA COOPERATIVE/COLLECTIVE PERMIT
    REQUIRED.​

    (a) It shall be a misdemeanor for any person or entity, within the City of
    Los Angeles, to operate, maintain, conduct, manage or participate therein, or cause or
    permit another person to operate, conduct or maintain a Medical Marijuana​

    Rev. ​
    7/22/09 3

    Cooperative/Collective without a valid permit (MMCC Permit) having been issued for
    that purpose pursuant to this Article.
    (b) A separate MMCC Permit is required for each location of a Medical
    Marijuana Cooperative/Collective, and no person or entity can hold more than one
    MMCC Permit at any given time. No permit shall be issued to authorize a Medical
    Marijuana Cooperative/Collective at any place other than a fixed location. Dispensing
    Medical Marijuana from any non-permanent location, including from vehicles, is
    prohibited. No permit shall be issued for locations where use of Medical Marijuana is
    prohibited by state or local law.
    (c) Each day that a person or entity operates, maintains, conducts, manages
    or participates therein, or causes or permits another person/entity to operate, conduct or
    maintain a Medical Marijuana Cooperative/Collective without an MMCC Permit shall
    constitute a separate violation.

    SEC. 46.63. ​
    APPLICATION PROCEDURE.

    (a) Application for an MMCC Permit shall be submitted to the Los Angeles
    Office of Finance by any person/entity seeking the permit after review and verification
    by the applicable City department, including the Los Angeles Police Department, Los
    Angeles Department of Building and Safety, and Los Angeles Department of City
    Planning. The applicant shall provide all the information and documents requested on
    the application form, including fingerprints according to United States Department of
    Justice guidelines. In addition to the fee set forth in Section 46.66, each set of required
    fingerprints shall be accompanied by a fingerprint processing fee, which shall be equal
    to the fee charged by the State of California to the City of Los Angeles to process the
    fingerprints.
    (b) Applicants must be a cooperative or a collective. If the applicant is a
    cooperative organized under the California Corporations Code, Sections 12300, ​
    et seq.,

    or the California Food and Agricultural Code, Sections 54002, ​
    et seq., the applicant
    shall set forth the name of the cooperative exactly as shown in its articles of
    incorporation, and the names and residence addresses of each of the officers, directors
    and each stockholder owning more than 10 percent of the stock of the corporation. If the
    applicant is a collective organized as a corporation, the applicant shall set forth the
    name of the corporation exactly as shown in its articles of incorporation, and the names
    and residence addresses of
    each of the officers, directors and each stockholder owning
    more than 10 percent of the stock of the corporation. If the applicant is a collective
    organized as a partnership, the application shall set forth the name and residence
    address of each of the partners, including the general partner and any limited partners.
    If a corporation or a partnership is a stockholder owning more than 10 percent of the
    stock of a corporation or is one or more of the partners in a partnership, the provisions
    of this Section pertaining to the disclosure required for a corporation or partnership, as
    applicable, shall also apply to that entity.

    Rev. 7122109 ​
    4

    (c) Application for an MMCC Permit shall identify each registered member of
    the Cooperative/Collective who will be directly involved in dispensing medical marijuana
    and/or exercising managerial authority over the Cooperative/Collective. The registered
    members identified pursuant to this Section must be over the age of 18 years, and
    submit to and pass a background investigation along with the applicant.
    (d) Applications shall be signed under penalty of perjury by the applicant and
    at least 2 other Qualified Patients of the Cooperative/Collective who shall all submit to
    and pass a background investigation by the Los Angeles Police Department. An
    applicant, or any other person subject to a background investigation under this Article,
    shall not pass a background investigation under any of the following circumstances:
    (1) The applicant or person made a false or misleading statement of a
    material fact or omission of a material fact in the application;
    (2) The applicant or person is under eighteen years of age;
    (3) The applicant or person has committed or aided or abetted in the
    commission of any act or omission, which, if committed by a
    Permittee, would be a ground for suspension, revocation, or other
    disciplinary action under this Article;
    (4) The applicant or person has had a similar type of permit previously
    denied, suspended or revoked within five years immediately
    preceding the date of the filing of the application, and the applicant
    can show no material change in circumstances since the denial,
    suspension or revocation;
    (5) The business for which the permit is sought has been or is a public
    nuisance;
    (6) The applicant or person has within four years immediately
    preceding the date of the filing of the application been convicted of
    a felony crime in any jurisdiction involving theft, fraud, violence,
    sale of a controlled substance as specified in Sections 11054,
    11055,11056,11057, or 11058 of the California Health and Safety
    Code, or any moral turpitude offense;
    (7) The applicant or person has within four years immediately
    preceding the date of the filing of the application been convicted of
    any offense listed in Section 46.63(c)(6) that has been made the
    subject of Section 17(b) of the California Penal Code;
    (8) The applicant or person has within four years immediately
    preceding the date of the filing of the application been convicted of
    any offense involving deceptive trade practices or other illegal

    Rev. 7/22/09 ​
    5

    business practices reasonably and narrowly related to the nature of
    conduct of the business for which the application is made; or
    (9) The business for which the permit is sought has failed to comply
    with all State or City tax laws.
    (e) All information compiled pursuant to this Article shall be held and
    maintained by the City as confidential, with the exception of the name of the
    applicant(s), address, and any other information that appears on the face of the permit.

    (f) ​
    Upon submission of an application for an MMCC Permit, the Los Angeles
    Office of Finance shall accept the application and indicate on the application the date
    and time the application was filed. If the Los Angeles Office of Finance determines that
    an application for a permit is not complete, the application shall be returned to the
    applicant without any further action of the Los Angeles Office of Finance.
    (g) All applications shall be submitted on a form supplied by the City and shall
    include the following information:
    (1) The name, address and telephone number of the location for which
    the permit is soug ht.
    (2) The name, mailing address and telephone number of the person
    authorized to receive communications and notices required by or
    authorized by this Article. If this information is not supplied, each
    applicant shall be understood to consent to the provision of notice
    at the address of the location for which the permit is sought.
    (3) The type and identifying number of the government-issued
    identification presented with the application. Such identification
    shall confirm that the person submitting the application is over the
    age of 18 years.
    (4) Applicable validly issued Building Permit, Certificate of Occupancy
    and a copy of the stamped, approved floor/site plan from the Los
    Angeles Department of Building and Safety in compliance with the
    City of Los Angeles Planning and Zoning Code.
    (5) An estimate of the size of the group of Primary Caregivers and/or
    Qualified Patients who will be served by the Medical Marijuana
    Cooperative/Collective.
    (6) A security plan, approved by the Los Angeles Police Department,
    which includes the following measures:

    Rev. ​
    7/22/09 6

    a) The location shall be monitored at all times by web-based
    closed circuit television for security purposes. The camera
    and recording system must be of adequate quality, color
    rendition and resolution to allow the ready identification of
    any individual committing a crime anywhere on the site.
    b) The location shall have a centrally-monitored alarm system.
    c) Windows and roof hatches shall be secured with bars on the
    windows so as to prevent unauthorized entry, and be
    equipped with latches that may be released quickly from the
    inside to allow exit in the event of emergency.
    d) Entrance to the dispensing area and any storage areas shall
    be locked at all times, and under the control of dispensary
    staff.
    e) Interior building lighting, exterior building lighting and parking
    area lighting must be in compliance with Los Angeles
    Municipal Code Sections 93.0104, 93.0107 and 93.0117 and
    must be of sufficient foot-candles and color rendition, so as to
    allow the ready identification of any individual committing a
    crime on site at a distance no less than forty feet (a distance
    that should allow a person reasonable reaction time upon
    recognition of a viable threat). The lighting shall also be
    shielded in a manner that prevents lighting from shining on
    neighboring residential uses.
    f) At least 1 State licensed security guard shall be on duty
    during all hours of operation. Proof of proper City and State
    licensing shall be presented for each guard.
    (7) The name and address of the person who is managing or
    responsible for the Medical Marijuana Cooperative/Collective's
    activities. All names provided in relation to a partnership or
    corporation, shall be Qualified Patients and/or Primary Care Givers
    registered with the Medical Marijuana Cooperative/Collective.
    (8) Other licenses and/or permits issued to and/or revoked from the
    applicant in the last three years prior to the year of the permit
    application, and the current status and issuing agency for each
    license /permit listed.
    (9) The name and address of the owner and lessor of the real property
    upon which the business is to be conducted. In the event the
    applicant is not the legal owner of the property, the application must
    include a notarized acknowledgement from the owner of the
    property that a Medical Marijuana Cooperative/Collective will be
    operated on his/her property.
    (10) Proposed hours and days of operation.

    Rev. ​
    7/22/09 7

    (11) Whether the applicant, his or her agent or employees, volunteer
    workers, person(s) directly involved in dispensing medical
    marijuana at the Cooperative/Collective, or any person exercising
    managerial authority over a Cooperative/Collective on behalf of the
    applicant have been found guilty of or pleaded
    nolo contendere

    within the past four years to a misdemeanor or a felony.​

    (12) The ​
    name and photographs (passport-type photos) of all persons
    who will work at the proposed Medical Marijuana
    Cooperative/Collective.
    (13) Any additional and further information as is deemed necessary by

    the ​
    Los Angeles Office of Finance.

    SEC. 46.64. ISSUANCE OF PERMITS.​

    (a) An MMCC Permit shall state the following on its face:
    (1) Legal owner,
    (2) Doing Business As (D.B.A.),
    (3) Los Angeles Municipal Code section regulating the Medical
    Marijuana Cooperative/Collective,
    (4) Mailing ​
    address,

    (5) Date permit was issued and permit expiration ​
    date, and
    (6) Permit number assigned by the Los Angeles Office of Finance.
    (b) No MMCC Permit or renewal of an MMCC Permit shall be issued by the
    Los Angeles Office of Finance unless the applicant has
    submitted proper documentation
    to the applicable City departments to demonstrate verified compliance with the following
    conditions:
    (1) Planning and Zoning Code: Compliance with the Los Angeles
    Planning and Zoning Code shall be verified by the issuance of a
    valid building permit from the Los Angeles Department of Building
    and Safety and by the submission of stamped, approved plans.
    (2) Business License Tax Liability. An operator of a Medical Marijuana
    Cooperative/Collective shall be required to apply for and obtain a
    Seller's Permit as required by the Califomia State Board of
    Equalization.

    Rev. ​
    7/22/09 8

    Rev. 7/22/09​

    (3) Operational Requirements. No person or entity shall engage in,
    conduct or be permitted to engage in or conduct a Medical
    Marijuana Cooperative/Collective, unless each of the following
    requirements is continually met:
    a) The Cooperative/Collective shall comply fully with all of the
    applicable restrictions and mandates set forth in state law.
    b) The Cooperative/Collective may only be open between the
    hours of 9:00 a.m. and 8:00 p.m., Monday through Sunday.
    c) The Cooperative/Collective shall issue a written notice to all
    registered members, upon registration, detailing the operational
    requirements of the Cooperative/Collective as detailed by this
    Article. The notice shall also be posted in a conspicuous
    location inside the Cooperative/Collective as required by the Los
    Angeles Planning and Zoning Code.
    d) The Cooperative/Collective shall verify that each patient has a
    valid, state issued ID Card or, alternatively, shall verify each
    patient's physician prior to dispensing initially and at least every
    six months.
    e) The Cooperative/Collective shall only dispense Medical
    Marijuana cultivated by registered members of the
    Cooperative/Collective and to Qualified Patients and/or
    designated Primary Caregivers who are registered members of
    the Cooperative/Collective.
    f) No Medical Marijuana provided to a Primary Caregiver may be
    supplied to any person(s) other than the Primary Caregiver's
    Qualified Patient(s) or Persons with ID Card.
    g) Cooperative/Collective staff must also be Qualified Patients and
    registered members of the Cooperative/Collective.
    h) Cooperative/Collective staff shall submit to and pass a
    background investigation by the Los Angeles Police
    Department.
    l) At a minimum, each Cooperative/Collective shall have a
    collective agreement among its members that complies with the
    requirements of California Health and Safety Code Section
    11362.775, as amended from time to time. If organized as a
    cooperative, proof that the Cooperative/Collective is properly
    registered with the State shall be displayed.
    j) All transactions shall be recorded by the Cooperative/Collective.
    No Automatic Teller Machines (ATM) are permitted on site.
    k) Proof that the Cooperative/Collective operates in a not-for-profit
    manner through submission of an Exemption Application (Form
    501.1) to the Los Angeles Office of Finance.
    I) Cooperative/Collective staff shall maintain patient records on
    site, including, but not limited to, a copy of any State ID Card​

    9​

    issued pursuant to California Health and Safety Code Sections
    11362.7 through 11362.83, inclusive, the physician's Written
    Recommendation (required only if no State issued ID Card),
    and, if using a Primary Caregiver, a notarized written
    authorization from the patient to be represented by the said
    Primary Caregiver.
    m) At any given time, no Cooperative/Collective may possess more
    marijuana or marijuana plants than would reasonably meet the
    immediate needs of its registered members, nor possess
    marijuana that was not cultivated by the registered members of
    the Cooperative/Collective. The dispensary shall not dispense
    more than 2 oz. of marijuana per patient per day unless
    specifically recommended by their physician.
    n) The names of all registered members of the
    Cooperative/Collective who will be contributing Medical
    Marijuana to the Cooperative/Collective must be disclosed in
    writing and in advance to the Los Angeles Police Department.​

    0) ​
    No person under the age of 18 years shall be allowed on
    premise at any time, unless the individual is a Qualified Patient
    or ID Card holder and accompanied by his/her licensed
    attending physician, parent or documented legal guardian.
    p) Security recordings shall be made in an on-going manner with
    at least 120 concurrent hours of digitally recorded
    documentation in a format approved by the Chief of Police. The
    cameras shall be in use 24 hours per day, 7 days per week. The
    areas to be covered by the security cameras include, but are not
    limited to, the dispensing areas, storage areas, all doors and
    windows and any others as determined by the Chief of Police.
    q) At least 1 State licensed security guard shall be on duty during
    all hours of operation. Proof of proper City and State licensing
    shall be presented upon the request of any City personnel.
    r) Litter removal shall occur twice per day on and in front of the
    premise, and if necessary, on public sidewalks within 100 feet of
    the premise.
    (c) It shall be the duty of the Los Angeles Office of Finance to administer and
    process the MMCC Permit application; mail renewal notices to Permittees by November
    1st of each year; and deposit funds collected for each MMCC Permit into the General
    Fund.
    SEC. 46.65.
    EFFECT OF GRANTING PERMIT.
    The granting of an MMCC Permit is not to be considered as approving or
    condoning any act, conduct or condition of the applicant/permittee committed or existing
    prior to the grant of the MMCC Permit. The granting of an MMCC Permit does not:

    Rev. 7/22/09 ​
    10
    (a) Relieve the applicant/permittee from obtaining all other appropriate
    permits or approvals required by the City of Los Angeles, or state or federal law;
    (b) Relieve an applicant/permittee from compliance with all applicable local,
    state, and federal laws, including those related to building, zoning, fire, and other public
    safety regulations;
    (c) Vest any development rights in the property or business; or
    (d) Relieve the Permittee from complying with conditions imposed upon the
    operation of a business pursuant to a discretionary land use permit or a nuisance
    abatement proceeding. In case of a conflict, the more restrictive conditions shall
    control.
    SEC. 46.66. FEES FOR PERMIT.
    (a) A fee shall be charged for an MMCC Permit. The permit fee will be
    recalculated annually and approved by the City Council. The permit fee shall be
    calculated so as not to exceed the amount necessary to recover the cost of both the
    administration, implementation and enforcement of the MMCC Permit Program,
    including the costs of issuing the permits, renewing the permits, administering and
    implementing the MMCC Permit Program, Medical Marijuana Cooperative/Collective
    education, Medical Marijuana Cooperative/Collective inspection and compliance
    checks, documentation of violations, prosecution of violators, adjudications, and
    convictions. The permit fee for calendar year 2009 shall be
    $ . The permit fee
    for calendar year 2010 and thereafter shall be
    $ until such fee is recalculated
    and the revised fee is approved by the City Council. All fees are non-refundable, except
    as required by law, and shall be used exclusively to reimburse the costs incurred for the
    program. Fees shall not be prorated. All fees collected shall be deposited into a
    separately established Enterprise Fund for the Medical Marijuana Program.
    (b) A $5.00 charge shall be imposed for the issuance of a duplicate permit
    upon the permittee or an authorized representative stating, in a properly executed
    affidavit of loss, that the original permit has been lost or destroyed. This charge shall be
    deposited into the General Fund.
    SEC. 46.67. RENEWAL OF PERMIT; DELINQUENCY.
    (a) An MMCC Permit is invalid unless the required fee has been paid in full
    and the term of the permit has not yet expired. The term of the permit shall not exceed
    one year, and the permit shall be deemed expired on December 31st of the year for
    which the permit was issued. Renewal statements shall be due and payable November
    1st of each year and shall be delinquent by January 1st of the next year. Delinquent
    renewals shall be charged an additional sum equal to 25 percent of the required permit
    fee. This additional sum shall become a part of the fee required by the Los Angeles
    Office of Finance.

    Rev. ​
    7/22/09 11
    (b) Renewal permits shall be granted only upon the Permittee's re-verification
    of compliance with Section 46.64(b) and timely payment in full per renewal statements.
    If any violations of this Article are pending, the renewal of the permit shall require an
    inspection by the applicable City department demonstrating compliance before the
    renewal permit is issued. The applicant/permittee shall be responsible for payment of
    the inspection fee in the amount of
    $ . The applicant/permittee shall be
    responsible for arranging and scheduling an inspection to timely process the renewal
    permit to avoid any lapse, delinquent fees and/or late issuance of the renewal permit.
    SEC. 46.68. PERMIT ASSIGNMENT.
    The assignment or attempted assignment of any permit issued pursuant to this
    Article is unlawful and any such assignment or attempted assignment shall render the
    permit null and void.
    SEC. 46.69. PERMITTEE RESPONSIBLE FOR THE OPERATION OF THE
    COOPERATIVE/COLLECTIVE.
    The Permittee shall not operate or allow the operation of the
    Cooperative/Collective in violation of the Penal Code of the State of Califomia, this
    Article or any other applicable state law. During the term of the MMCC Permit, any
    change(s) to person(s) subject to a background investigation under this Article must be
    reported in writing to the Los Angeles Office of Finance, and a successful background
    investigation completed by the Los Angeles Police Department prior to initiation of the
    change.
    SEC. 46.70. MAINTENANCE OF RECORDS.
    Medical Marijuana Cooperatives/Collectives shall maintain records reflecting: (1)
    the full name, address, and telephone number(s) of the owner or lessee of the property;
    (2) the full name, address, and telephone number(s) of all Qualified Patients, Persons
    with ID Card, and/or Primary Caregivers who participate in the Cooperative/Collective
    cultivation; (3) the full name, address, and telephone number(s) of all Qualified Patients
    and Persons with ID Card to whom the Cooperative/Collective provides Medical
    Marijuana; (4) the designation, by Qualified Patient(s) and Person with ID Card, of any
    and all Primary Caregivers who participate in the Cooperative/Collective cultivation; (5)
    the amount of compensation, if any, for specified cultivation-related services received by
    any Primary Caregiver in accordance with California Health and Safety Code Section
    11362.765, and; (6) proof of valid MMCC Permit pursuant to Section 46.62 of the Los
    Angeles Municipal Code.
    SEC.46.71. INSPECTION AUTHORITY AND ENFORCEMENT.
    The Los Angeles Department of Building and Safety and the Los Angeles Police
    Department shall have the right to enter the Medical Marijuana Cooperative/Collective

    Rev. 7/22/09 ​
    12
    from time to time unannounced for the purpose of making reasonable inspections to
    observe and enforce compliance with this Article and all laws of the City and State of
    California. An outstanding Order to Comply from the Department of Building and Safety
    shall constitute a violation of this Code.
    SEC. 46.72. INDEMNIFICATION AND DISCLAIMER PROVISIONS.
    (a) To the fullest extent permitted by law, the City of Los Angeles shall
    assume no liability whatsoever, and expressly does not waive sovereign immunity, with
    respect to the distribution and/or use of Medical Marijuana, or for the activities of any
    Medical Marijuana Cooperative/Collective. Upon receiving possession of a permit for a
    Medical Marijuana Cooperative/Collective, the Permittee of the Cooperative/Collective:
    (1) Shall sign an agreement, in a form satisfactory to the Los Angeles
    City Attorney, indemnifying the City of Los Angeles;
    (2) Carry insurance in the amounts and of the types that are acceptable
    to the City of Los Angeles Risk Manager; and
    (3) Name the City of Los Angeles as an additionally insured.
    (b) As a condition of approval of an MMCC Permit, the Permittee of the
    MMCC by utilizing the benefits of the approval, shall thereby agree to defend at its sole
    expense, any action against the City of Los Angeles, its agents, officers and employees
    (collectively, the "City Indemnities") arising out of or in any way related to such approval
    or the activity authorized by such approval. In addition, the Permittee shall reimburse
    the City Indemnities for any court costs and attorney fees that the City Indemnities may
    incur or be required to pay as a result of such action. The City of Los Angeles may, at
    its sole discretion, participate, at its own expense, in the defense of any such action, but
    such participation shall not relieve the Permittee of its obligation hereunder.
    (c) Approval and inspection processes conducted pursuant to this Article shall
    preserve to the maximum extent possible all legal protections and privileges, consistent
    with reasonably verifying the qualifications and status of Qualified Patients and Primary
    Caregivers. Disclosure of any patient information to assert facts in support of a qualified
    status shall not be deemed a waiver of confidentiality of that information under any
    provision of law.
    SEC. 46.73. EXISTING "MEDICAL MARIJUANA DISPENSARIES".
    Any marijuana cooperative or collective, including any "Medical
    Marijuana Dispensary," as that term is defined in Interim Control Ordinance No.
    179,027, not in compliance with the requirements of this Article shall have one year
    from the operative date of this Article to obtain an MMCC Permit, provided the
    operation, cooperative, collective or Medical Marijuana Dispensary was registered
    with the Los Angeles City Clerk's office in accordance with the Interim Control
    Ordinance No. 179,027 before November 12,2007, proving it was operating prior to
    September 14, 2007.

    Rev. ​
    7/22/09 13

    In evaluating applications for an MMCC Permit, cooperatives or collectives
    who qualify for the one year extension period under this Section (qualified
    cooperatives/collectives) shall have preference over non-qualified
    cooperatives/collectives with regards to location restrictions designated by
    applicable Planning and Zoning Codes for the City of Los Angeles, and no
    application by a non-qualified cooperative/collective shall be approved during the
    one year extension period if the proposed location is in conflict with the location of
    an existing qualified cooperative/collective.​

    SEC. 46.74. ​
    SEVERABILITY.

    If any provision of this ordinance is found to be unconstitutional or otherwise
    invalid by any court of competent jurisdiction, that invalidity shall not affect the
    remaining provisions which can be implemented without the invalid provisions, and to
    this end, the provisions of this ordinance are declared to be severable.
    Sec. 2. ​
    The City Clerk shall certify the passage of this ordinance and have it
    published in accordance with the Council policy, either in a daily newspaper circulated
    in the City of Los Angeles or by posting for ten days in three public places in the City of
    Los Angeles: one copy on the bulletin board located in the Main Street lobby to the City
    Hall; one copy on the bulletin board located at the ground level at the Los Angeles
    Street entrance at the Los Angeles Police Department; and one copy on the bulletin
    board located at the Temple Street entrance to the Los Angeles County Hall of

    Records.

     
  2. read most of it, seems like a great idea. Co-ops must follow zoning restrictions, have proper permits, not operate near schools day cares and the like, must provide acceptable security for the premises. Seems like it will go a long way towards legitimizing the business model in the eyes of the public. I don't see a problem, but maybe I missed something.
     
  3. That's a lot of legalese that I can't fathom at the moment. JOV what's your chief points of opposition?
     
  4. #5 Justonevoice, Sep 19, 2009
    Last edited by a moderator: Sep 19, 2009


    Well I think that ASA's Don Duncan nailed with his revised draft. You must also realize that they are doing it in two part whereas the zoning issue's (ie: distance from other collectives & Sensitive use areas and guidelines are not included in this).



    ASA's proposed changes to this piece of crap.
     
  5. An interesting rewrite. However, it lacks much of what makes the draft appalling for building trust with the community. The ASA rewrite is at best an attempt to postpone local restrictions on co-ops and at worst a blatant attempt to continue doing business as usual--lets remember that public opinion to wards co-ops is becoming that they are pot-shops. Some serious changes may be necessary to gain back public support for dispensaries. Up here we can't even trade medicine without fear of prosecution. I think that is due in large part to the legal joke that Cali's co-ops have become. So if LA is willing to clean up their act for them then that might just help people in other states get co-ops.
     


  6. What you need to understand is that the major problem in LA is the clubs that openned during the Interim Control Ordinance. It became the wild west because the city was dragging their feet. About 90 or so of the original 187 collectives are left that conformed with the City and registered are not the one's that complaints are being lodged at. It is dquesstimated that there are around 800 to 1000 clubs in L.A. now when you do the math you can see what the problem is.
     
  7. Yup, the City really screwed the pooch with it's regulations, and now they want to pile on and make it much more difficult to do business. I agree with JOV and the ASA rewrite, though I admit I have to do a bit more thorough reading of both plans. They're both drafts, so I'm sure revisions are forthcoming, this is how bills get legislated.

    What kills me is the original clubs that had authorization to be in business BEFORE the moratorium are dying because they're being undercut by the 800 or so illegal clubs.

    So while I"m definitely for more clubs and easier access, it HAS to be done fairly and legally. The clubs that opened during the moratorium should be shut down, or at least forced to close until the regulations are put in place and then re-opened under the new laws.

    Sigh...
     
  8. Oregon is hopefully going to have the OCTA 2010 on the ballot next year which would setup state run "cannabis stores" modeled on our liquor store system. So i guess that because I'm used to buying my rum/vodka at a state run and regulated store the thought of similar regs at a co-op doesn't seem out of place to me. Just goes to show what a difference a couple hundred miles and a state boarder can make in the way we see things.
     
  9. Off topic here, but if you move the R to the front of Ed Reyes' first name you get Red Eyes. :D :smoke:
     
  10. To have the state run a collective is out of the question because they are so ignorant about Medical Cannabis and let's face it if they can not even write laws and regulations that are clear how the hell are they going to dispence cannabis.

    Besides running a collective is a lot more than just selling cannabis.
     
  11. #12 johnqpublic12, Sep 20, 2009
    Last edited by a moderator: Sep 20, 2009


    I don't know about cali, but Oregon seems to run our liquor stores pretty darn well. And if we get the law passed then we can finally have a store to buy cannabis from in between harvests. Patients and recreational consumers will have the same choice of selection but will pay vastly different amounts. Patients pay cost, rec users pay cost+tax+retail markup to support the system. And the whole system is to be overseen by the newly created OCCC, a panel of "pot-snobs" and two government agents as i recall. Seems like a darn good solution to me. And best of all, it will still be legal to grow your own if you want. :D

     
  12. Sounds like a great plan for your state but here in Cali everything has to be more complicated becuase our politicians are stupid and play politics constantly and just can not committ to real solutions.
     
  13. The PLUM committee meeting is tomorrow, if you can go, you should. I'd love to go, but my wife has forbidden me to do anything MMJ related while I'm taking care of our daughter during the day - that includes going to protests and city hall meetings (but doesn't apply to online activities obviously). She and I both feel that MMJ opponents are pretty low when it comes to playing dirty politics, and we all know that they'll go after patient activists who are parents...which is why you don't see me at protests or meetings.

    But I'll be there in spirit anyway.
     
  14. Totally understand your situation. I am going to attempt to get there if I close a deal today and make a couple of bucks I can afford to go, you know I live in Lancaster noiw so the drive cost some bucks let me tell ya.
     
  15. She is right- you can't risk DSS. Makes me just livid to think of some creep watching the crowd with social services on speed dial :mad:
     
  16. SECTION 46.64 Background Check for all employees
     
    I would like to apply for a permit to operate a Medical Marijuana Clinic. However, back in 1974 and in 1979 I committed similar felonies involving breaking and entering, grand larceny, forgery and fraud. i have not committed any felonies of any kind since 1979. Would a background check on my old convictions disqualify my?
     
    gripoll29
     
  17. This ordinance didn't go into effect.  
     

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