The Wlanc Plum Committee Recommends That The Wlanc Board Consider

The WLANC PLUM Committee recommends that the WLANC Board consider the following resolution relating to Medical Marijuana Clinics. PLUM Vote, October 6, 2009: unanimous BOARD Vote, October 29th, 2009: unanimous A note on Proximity regulations: The WLANC PLUM recommends having a feasibility study done in order to see if proximity regulations are too restrictive and to eventually remove them if the true intent of a regulated MMC is to better the health and safety of the community and reduce adverse secondary effects. 1: Proximity, schools Unless the application review panel in their discretion determines that the location will not impact the peace and order and welfare of the area, no collective shall be located 1000ft from schools, public park, libraries, public beach access points, substance abuse facilities, 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) if the individuals who regularly patronize, congregate or assemble at the establishment are primarily minors. 2: Proximity, other MMC’s No collective shall be located within a 1,000-foot radius of a collective(s) or medical marijuana dispensary.

3: Onsite growing restriction At any given time, no MMC may grow more marijuana or marijuana plants than would reasonably meet the immediate needs of its registered members as defined under Health and Safety Codes 11362.7-11362.83 . 4: Onsite, consumption/sale non-medicine or alcohol restriction No collective shall cause or permit the establishment or maintenance of the sale or dispensing of alcoholic beverages for the consumption on the property or off-site of the property.

5: Signage, interior warnings A sign shall be posted in a conspicuous location inside the structure on the property advising: “The diversion of marijuana for non-medical purposes is a violation of State law. The use of marijuana may impair a person’ ability to drive a motor vehicle or operate heavy machinery. Loitering a the location of a medical marijuana collective for an illegal purpose is prohibited by California Penal Code Section 647(h)”; 6: Litter and graffiti Removal Litter removal shall occur twice per day, graffiti removal within 24 hours, on and in front of the premise, and if necessary, on public sidewalks within 100 feet of the premise. 7: Sale restriction, daily limit The dispensary shall not dispense more than 2 oz. of marijuana per patient per day unless specifically recommended by their physician. 8: Zoning restrictions, commercial and industrial only

Dispensaries should be allowed to operate only in commercial or industrial zones. No dispensary should be allowed to operate at a residential address or in a residential zone. 9: No doctor's recommending onsite No doctor’s may recommend medical marijuana on-site. 10: Age restriction No persons under the age of eighteen should be allowed on the property unless that minor is a qualified patient or person with an identification card or verifiable doctors recommendation, accompanied by his or her licensed attending physician, parent or documented legal guardian. 11: Visibility restrictions i.e. have windows: Windows and roof hatches should 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.

12: Onsite sale of other products restriction i.e. inhalation devices Dispensaries may provide specific devices, contrivances, instruments, or paraphernalia necessary for inhaling medical marijuana, including, but not limited to, rolling papers and related tools, pipes, water pipes, and vaporizers. The above may only be provided to qualified patients or primary caregivers and only in accordance with California Health and Safety Code section 11364.5. 13: Signage, exterior, site addressing only No restriction, again should promote medical, not recreational or illegal use. 14: Advertising restrictions All print and electronic advertisements for medical cannabis dispensaries, including but not limited to flyers, general advertising signs, and newspaper and magazine advertisements, shall include the following language: "Only individuals with legally recognized Medical Marijuana Identification Cards or a verifiable, written recommendation from a physician for medical cannabis may obtain cannabis from medical cannabis dispensaries. The required text shall be a minimum of two inches in height except in the case of general advertising signs where it shall be a minimum of six inches in height. Oral advertisements for medical cannabis dispensaries, including but not limited to radio and television advertisements shall include the same language. 15: Background checks, no felony MMC staff shall submit to and pass a background investigation by the Los Angeles Police Department or DOJ. 16: Business structure MMC 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 Sections11362.5 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 2seq., 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.” 17: Grandfathering of MMC’s 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 MMC 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. In evaluating applications for an MMC 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 MMC shall be approved during the one year extension period if the proposed location is in conflict with the location of an existing qualified MMC. Hardship applicants who filed for hardship exemptions yet were open and operating illegally during the moratorium should be banned from opening an MMC in the City of LA. However, pre-ICO collectives who had to relocate for valid hardship reasons i.e. DEA landlord threats shall be exempt from this requirement. 18: CUP (Conditional Use Permit) Marijuana dispensaries should be required to go through a Conditional Use Permit (CUP) process. Each dispensary should be required to re-apply for a CUP every two years, so that the City and neighborhood can determine if it has created direct threats to public safety and health. The CUP process should pay for itself, with each CUP application requiring a set of fees that make it self-sustaining. UPDATE 11/9/09: According to Alan Bell Senior City Planner for the Department of City Planning, at the LANCC meeting, the CUP process may not be feasible. Other options include using a formula where the amount of MMC’s are determined by amount of patients per district.

19: Criminal Prosecution for illegally operation and operation in violation

Failure to shut down an illegal or unregulated marijuana dispensary should be considered a criminal misdemeanor subject to automatic criminal prosecution, not just a business violation. Any person who owns operates or works at an illegal or unregulated marijuana dispensary should be arrested and charged with a criminal misdemeanor. 20: Unrestricted access by law enforcement, "Hands Off Policy" removed The Department of Building and Safety and the Police Department may enter and inspect the property of ever collective and the records maintained pursuant to Section 45.19.6.5 of this article between the hours of 10:00 a.m. and 8:00 p.m. or at any reasonable time to ensure compliance with the provisions of this article and both Departments, within their respective jurisdictions, are authorized to enforce the provisions of this article. It is unlawful for any owner, landlord, lessee, member or any other person having any responsibility over the operation of the collective to refuse to allow, impede obstruct or interfere with an inspection, review or copying records closed-circuit monitoring authorize and required under his article, including but not limited to the concealment, destruction and falsification of any records or monitoring. NOTE UPDATED 11/6/09 Due to recent superior court ruling declaring the moratorium invalid, this position may change1. 21: Certified Neighborhood Councils part of approval process/application review Certified Neighborhood Councils must be included in the CUP process for dispensaries. Neighborhood Councils are the voice of the people of Los Angeles. Each dispensary should have to make a presentation to its Neighborhood Council, which should then vote on whether to recommend its approval, or its re-approval, under the CUP process. 22: Security, (Store/ Area/ Both), electronic and personnel 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 1

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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 crime on site at a distance no less than forty feet (a distance 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. 23: Hours of operation The MMC may only be open between the hours of 9:00 a.m. and 8:00 p.m. 24: Onsite consumption Medical marijuana may be consumed on-site only as follows: a. The smoking of medical marijuana shall be allowed provided that appropriate seating, restrooms, drinking water, ventilation, air purification system, and patient supervision are provided in a separate room or enclosure. Consumption is subject to a Los Angeles County Health department inspection and issuance of a permit. 25: Doctor recommendation required All MMC’s should require original doctor's recommendation from a physician in good standing, or a State ID Card. 26: In-store cash amount MMC’s shall not store more than $200 in cash reserves overnight on the premises and shall make at least one daily bank drop that includes all cash collected on that business day. 27: Training of dispensary staff by police or regulatory body A regulatory body needs to be created to promote education and implement standardization in the industry. Every member of a collective who assists in the cultivation should be required to take a course mandated by Health and Safety demonstrating proficiency and capability with growing medical

marijuana and related health, safety, fire codes.

28: Edibles 1. Medical marijuana may be provided by an MMC in an edible form, provided that the edibles are prepared in an L.A. County certified kitchen and meet all applicable USDA, FDA and L.A. County health requirements including all medical marijuana related permits. 2. A copy of the date and location of manufacture on a batch to batch basis shall be maintained on site for all edibles. 3. Any beverage or edible produced, provided, or sold at the facility which contains marijuana shall be so identified, as part of descript discrete packaging with a prominent and clearly legible warning advising that the product contains marijuana and that is to be consumed only with a physician’s recommendation. Labeling shall include ingredients and nutrition information as required by the Dietary Supplement Health and Education Act of 1994 (DSHEA). 4. Any marijuana or marijuana derivative i.e. hash, kief, butters, oils, trim, shake, buds etc. used in making edibles must have been extracted in a chemical free method (ice water, pressure or similar methods), absent of butane, wood alcohol, isopropyl alcohol, sulfuric acid and other isomer conversion methods. 5. Any marijuana or marijuana derivative contained in edible must have been grown at the MMC location or another location legally connected and registered with the City by members of the MMC. 6. MMCs shall be required to laboratory test monthly, samples of edibles for cannabinoid content, strength and possible contaminents including mold, bacteria, and pesticides. All lab results will be kept in a book at the MMC to be inspected randomly by Health and Safety. 29: Refinement of product i.e. concentrates/hash restrictions MMC’s may provide concentrates to patients as long as it is NOT extracted by butane, wood alcohol, isopropyl alcohol, isomer conversion/sulfuric acid and preferably by ice water, pressure or other non-chemical means. 30: Onsite, amount restrictions At any given time, no MMC 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 MMC as defined under Health and Safety Codes 11362.7-11362.83 . 31: Non-conforming, time limit to conform

All pre-ICO MMC’s should be given a 1 year time limit to conform. All hardship collectives will be shut down immediately and all hardship applicants will be banned from opening another collective in LA City. This does not apply to hardship MMC’s who were forced to relocate due to DEA landlord threats. 32: Cultivation location requirements i.e. onsite, registered at other location No collective shall possess marijuana that was not cultivated either on the property or at a previous location, registered in accordance the current LA City ordinance by that particular collective. 33: 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 MMC cultivation; (3) the full name, address, and telephone number(s) of all Qualified Patients and Persons with ID Card to whom the MMC 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 MMC 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 MMC Permit pursuant to Section 46.62 of the Los Angeles Municipal Code. 34: Onsite ATM's restriction ATM's are not allowed onsite

Submitted by:

Tim Dagodag, Chair PLUM Committee WLA NC