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SUMMARY OF PROVISIONS OF DRAFT MEDICAL MARIJUANA ORDINANCE

This memo will summarize the key points of the draft medical marijuana ordinance that is submitted for your consideration:

•	The ordinance defines medical marijuana collectives exactly the same way that those enterprises are defined by state law—“a facility or location at which qualified patients, persons with identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, associate within the unincorporated area of the County of San Mateo in order collectively or cooperatively to cultivate and/or store marijuana for medical purposes.”

•	The ordinance uses the state law definition of a “primary caregiver”—a person who has consistently assumed responsibility for the housing, health or safety of the person or patient using marijuana. Recent case law clarifies that the care must have been provided consistently, must extend to areas other than the use of marijuana, and must have been provided even before the use of marijuana.

•	Primary caregivers are required to maintain a list of the persons to whom they provide care.

•	Medical marijuana collectives located in the unincorporated area would be required to have a County license.

•	The license would need to be approved by the County License Board.

•	The application for the license would include a warning that the owner, operator and collective members may be subject to prosecution under federal law.

•	The applicant would be required to hold the county harmless for any liability related to the license.

•	Before issuing a license, the Licensing Board would be required to find that the collective will not adversely impact the economic welfare of the community; will not adversely affect the use of any property used for a school, playground, park, youth facility, child care facility, place of religious worship or library; is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area; and that the exterior appearance of the structure is compatible with the exterior appearance of structures already constructed or under construction within the immediate area, and shall be maintained so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the immediate area.

•	Issuance of the license would require the following findings:

	1. The requested use at the proposed location will not adversely affect the economic welfare of the nearby community;

	2. That the requested use at the proposed location will not adversely affect the use of any property used for a school, playground, park, youth facility, child care facility, place of religious worship, or library;

	3. That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area; and

	4. That the exterior appearance of the structure is compatible with the exterior appearance of structures already constructed or under construction within the immediate area, and shall be maintained so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the immediate area.


•	The license would include certain conditions:

	1. Only qualified patients, persons with identification cards, and primary caregivers may cultivate medical marijuana collectively or associate for the purpose of doing so.

	2. Absolutely no advertising of marijuana is allowed at any time.

	3. Exterior signage is limited to site addressing only.

	4. The collective site will include an alarm system that is monitored at all times for security purposes.

	5. A centrally monitored alarm system is required.

	6. Interior building lighting, exterior building lighting and parking area lighting will 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 of no less than forty feet.

	7. Windows and roof hatches will 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.

	8. No cultivated marijuana or dried marijuana product may be visible from the building exterior.

	9. The activities that may be conducted at a licensed collective are limited to cultivation and storage of marijuana for personal use and preparation of cultivated marijuana for personal use, such as drying and processing.

	10. No cooking, sale, preparation, or manufacturing of marijuana enhanced or edible or drinkable products, including but not limited to cookies, candy, drinks, or brownies is allowed.

	11. No sales of cultivated marijuana are allowed on site.

	12. No persons under the age of eighteen are allowed on site, unless such individual is a qualified patient and accompanied by their licensed attending physician, parent or documented legal guardian.

	13. The quantity of marijuana located at the facility where medical marijuana is collectively cultivated may not exceed the maximum quantity per patient of medical marijuana authorized by state law, multiplied by the number of participants who are served by the collective, consistent with the regulations set forth in the ordinance.

	14. The Sheriff may inspect the collective at any reasonable time to ensure that the amounts of medical marijuana on site conform to the ordinance and state law.

	15. No individual or group may cultivate or distribute marijuana for profit.

	16. No money or any other thing of value shall be exchanged for medical marijuana, with the sole exception that a primary caregiver, as defined herein, who receives compensation for actual expenses, including reasonable compensation incurred for services provided to an eligible qualified patient or person with an identification card to enable that person to use marijuana under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, shall not, on the sole basis of that fact, be subject to prosecution or punishment under the ordinance.

	17. Marijuana cultivated in a licensed collective must be secured from public access, and not be visible to the public domain. All cultivated marijuana must be secured in structures consisting of at least four walls and a roof, and conform to specified Security Standards, as to locks, deadbolts and additional security measures.

	18. The ordinance does not authorize the consumption, use, or smoking of marijuana in the parking areas of a collective, or in vehicles located at or near or under said collective, or under any circumstances in which the consumption, use, or smoking of marijuana is prohibited by state law.

	19. The medical marijuana collective shall comply with the all applicable building, zoning, and environmental requirements set forth in the ordinance code or state law.

	20. The medical marijuana collective may not be operated or located in or within 1000 feet of the grounds of a school, recreation center, or youth center.

	21. The medical marijuana collective may not employ any persons who are felons or who are currently on probation to work at or for the collective.

•	The Sheriff would be authorized to enforce the ordinance.

•	Violation of the ordinance would be a misdemeanor.

•	The ordinance would not apply to individual cultivation or use of medical marijuana at a person’s residence to the extent it is consistent with state law.