Below is the text of the County’s draft of Phase I of the medical marijuana ordinance. Phase I deals with strictly with dispensaries and indoor, personal-medical use in residential areas. Phase II will provide exemptions to indoor and outdoor personal-use gardens as well as regulate and permit member-cultivator and collective/cooperative cultivation.
What this means is that if you are in a residential area and want to grow personal use medical marijuana outdoors, this will be covered in Phase II (so stay tuned and make your concerns known when this process begins). If you are cultivating collectively (i.e. for more than yourself) or if you want an exemption to the Phase I indoor limits for personal use in residential areas or the Phase II limits for outdoor personal use, this will be covered in the Phase II process.
While a bit confusing, this two-phase process has allowed the County to move rapidly to define personal use and regulate indoor residential cultivation, thereby beginning the process of resolving the long-standing “grow-house” controversies. Phase I includes dispensary regulation in order to streamline the stack of Conditional Use Permits now on the County’s plate by defining where a dispensary can be located and how it can operate. Phase II issues—exemptions for larger personal cultivation in residential areas and collective/cooperative cultivation in rural areas—require their own type of regulation, so are best addressed in a separate process.
Both HuMMAP and the Humboldt Growers Association (HGA) are hopeful that Phase II can proceed quickly and be in place in time for the 2012 cultivation season. Humboldt would then be one of only two counties in California (Mendocino being the other) to have fully-permitted medical cannabis, giving Humboldt growers who wish to be in the fully-legal marijuana market an advantage with dispensaries and other cannabis businesses in the state who need to only handle such fully-permitted medicine. It will also make us a leader in the industry and put permitted growers in a prime position to take advantage of legalized social/recreational marijuana use if one of the ballot initiatives passes in the November, 2012 statewide election.
This ordinance is not without its controversy, but the obvious problems have been brought up in conversations between the grower community and County Counsel and Planning staff and are being addressed. The draft below along with the staff report was sent to the printers two weeks ago so as to be available to officials in time for the August 18th, 2011 Planning Commission meeting. It therefore does not reflect recommended changes that will be presented by County Counsel at the meeting. These recommended changes came about largely through recent discussions between HGA and County Counsel and County Planning staff, with some consultation between HGA and HuMMAP as well, to be sure we are all moving forward in agreement.
The key recommended changes that will be presented by County Counsel and supported by HGA and HuMMAP to the Planning Commission are:
1) Page 6; definition of a School – This definition will be stricken from the draft prior to submittal to the Board of Supervisors.
2) Section 8, (B), pg. 11 – States that a medical marijuana CCDF may not be operated by or employ any persons who have been convicted of a felony or who are currently on probation. This will be amended to allow an exemption for persons convicted of a marijuana-related felony or those who are currently on probation for a marijuana-related felony that occurred before SB 420 was adopted.
3) Section 8, (C), pg. 11 – States that no medical marijuana may be dispensed to an individual qualified patient more than once per day. This will be amended to allow CCDFs to dispense medical marijuana no more than two (2) times per day to an individual qualified patient. This amendment will create consistency throughout the county, since both Eureka and Arcata allow CCDFs to dispense two (2) times per day to an individual qualified patient.
4) Section 55.1.21 Medical Marijuana Research Laboratories and Testing Facilities – Additional language will be added to this section to clarify that these facilities shall only have minimal amounts of medicine on site at any given time.
Additionally, County Counsel Davina Smith and HGA are working on a recommendation that that other felonies should have a sunset clause, allowing convicted felons to still acquire a dispensary or collective cultivation permit after a certain amount of time has passed. HuMMAP also supports this, believing that one’s past mistakes should not follow them forever. We’ll post the details here when the language gets finalized.
Below are a few clarifications on the Phase I draft to help the public better understand the process and intent:
1) Code Enforcement penalties – The current draft is still a nuisance-based penalty system. The current policy is to treat marijuana-based nuisance complaints the same way as any other nuisance complaint. The initial response to such a complaint is to notify the landowner/resident of the complaint via mail. If no response is received after the issuance of two letters, a Code Enforcement officer may be dispatched to the location of the complaint in order to speak with the resident at that location in an attempt to verify whether a code violation is taking place. If so, Code Enforcement is committed to working with the resident on solutions to bring that residence into compliance.
We have been assured that this ordinance will not be used as an excuse for Code Enforcement to show up on private property and kick doors in. Davina Smith, Deputy County Counsel, has informed us that if anyone has questions about Code Enforcement’s policy or procedures, she is happy to answer them. Her contact number is 707. 445.7236.
2) Conditional Use Permit – While this latest draft still requires that dispensing facilities apply for a Conditional Use Permit (CUP), the Planning Department has delegated a second planner to help streamline the process. They estimate that with this additional help the CUP process will take approximately four (4) months, which should be a significant improvement over the twelve to eighteen (12-18) months that it is currently taking.
3) Permitted medicine – While both the HGA and HUMMAP feel that it is important that CCDFs be mandated to only obtain and dispense permitted medicine, we have been assured that this language will be adopted once the Phase 2 Cultivation Exemptions are approved.
4) Indoor/outdoor — While this ordinance seems to imply that residential personal-use cultivation must be in a structure as defined in the draft, this is because Phase I is only dealing with personal-use indoor-residential. Phase II will define personal-use-outdoor in residential areas and will likely maintain the current 100 ft/sq. personal-use limit. Neither Phase I nor Phase II will mandate indoor-only cultivation, as some have taken the present wording to mean. No permit will be required for personal-use cultivation within the Phase I indoor or Phase II outdoor guidelines. For personal-use cultivation over these amounts, an exemption will be required. The details of this exemption process will be worked out in the language of Phase II.
5) Code compliance — The Phase I personal-use cultivation language seems, on a casual reading, to require that structures (residences and detached structures) be brought into compliance with building codes, something that will raise the hackles of many owner-builders in the County, especially in rural areas. We’ve been assured by County Counsel that this language is necessary boilerplate ordinance language to protect the County from liability. Since they are specifically saying that growing marijuana indoors (within the guidelines) is okay, they could be held liable if someone burns a building down. By putting in the requirement that growing operations be up to code (and it’s unclear if that means the entire building or just the part involved in the cultivation area), it frees the County from liability if someone causes a fire by using non-code-compliant wiring. The County feels that if the electrical is up to code, plugging in a 1200-Watt light will not pose any threat to health or safety of the occupants. Remember, this applies to apartment buildings in Garberville as well as to single-family residences in Briceland, so it is important that anything specifically permitted by the County in this ordinance has some protection from liability. Most people would not want to live in an apartment building knowing that other residents are hooking 1200 Watt lights into non-compliant wiring.
Since no permit is required for personal-use-indoor cultivation, it is unlikely that the County will ever know either way if a grow operation is up to code or not (though we encourage you to only use safe, code-compliant wiring and lighting for the sake of your safety and the industry’s image). We have also been assured that this is not a back-door attempt at forcing code-compliance.
6) Landlords’ rights vs. patients’ rights — the ordinance allows landlords to prohibit cultivation indoors in residential structures. While this will limit the ability of some renter-patients to grow their medicine, these patients have ample opportunities in Humboldt County to purchase medical marijuana from dispensaries (with many more opening in the next year) and to become involved with one of the abundant cultivation collectives/cooperatives.
There has been incredible and unprecedented cooperation between the grower community and Planning, County Counsel, the D.A., and the Sheriff in this ordinance process. It has been a long time coming, but we’re in a new era of cooperation in the marijuana industry in Humboldt County. We believe that both the grower community and the County officials have to take each other as having the best intentions in moving forward cooperatively to make this work for everyone. The past should be left behind in favor of positive attitudes and finding solutions.
314-55.1 MEDICAL MARIJUANA LAND USES: INLAND
55.1.1 Authority and Title
Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code section 25845 and California Health and Safety sections 11362.83, and 11362.768 (f) the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code”.
55.1.2 Purpose and Intent
The purpose and intent of the Medical Marijuana Land Use Code (“MMLUC” or “this Code”) is to regulate medical marijuana collective or cooperative dispensing facilities (CCDF) and the cultivation of medical marijuana for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation, processing, and transfer of medical marijuana; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany marijuana cultivation.
Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.
The Board of Supervisors of the County of Humboldt hereby finds and declares the following:
1. In 1996, California voters approved Proposition 215 (codified as Health and Safety Code section 11362.5, and entitled “The Compassionate Use Act of 1996”).
2. The intent of the Compassionate Use Act is to permit the cultivation and possession of medical marijuana for the personal use of a seriously ill patient without fear of criminal prosecution against the patient, the patient’s caregiver or the physician who recommended medical marijuana for the patient. The Act further provides that “nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes.”
13. In 2004, Senate Bill 420 (codified as Health and Safety Code sections 11362.7 et seq. and known as the “Medical Marijuana Program Act” or “MMPA”) was enacted to clarify the scope of the Compassionate Use Act. It also specifically permits patients and their primary caregivers to associate in order to collectively or cooperatively cultivate marijuana and provides these individuals with a limited defense to certain specified California criminal statutes (codified at Health and Safety Code section 11362.775).
4. Neither the Compassionate Use Act nor the Medical Marijuana Program Act address land use or building code issues that may arise from the cultivation, processing, or distribution of medical marijuana within the County. A provision of the Medical Marijuana Program Act (codified as Health and Safety Code section 11362.83) expressly allows cities and counties to adopt and enforce ordinances that are consistent with Senate Bill 420.
5. The County has experienced a number of negative impacts due to the cultivation, processing and distribution of medical marijuana. These impacts include criminal activity, fires, environmental degradation, excessive energy consumption, a loss of rental housing stock, and nuisance impacts on neighborhoods.
6. Processing, distribution, or transfer of medical marijuana through CCDF create negative impacts to the surrounding community such as traffic problems, neighborhood compatibility issues, lighting, aesthetics, public health, safety and security issues, and other nuisance-related problems. Additionally, one kind of CCDF, medical marijuana delivery services, may have an additional disproportionate negative impact to the neighborhood because they frequently have their address of convenience in a residential zone and bring commercial-type activities to residential neighborhoods.
7. The rights of qualified patients and their primary caregivers under state law to cultivate marijuana plants for personal medical purposes does not confer upon them a right to create or maintain a nuisance. By adopting this Code, which regulates the land use aspects of indoor medical marijuana cultivation for personal use and the distribution of medical marijuana by CCDF, the County anticipates a significant reduction in complaints regarding medical marijuana-related odors and residential mold and moisture issues affecting rental housing stocks, as well as a decrease in crime and fires related to the indoor cultivation and distribution of medical marijuana.
8. The County finds that while the need for qualified patients and/or their caregivers to use and cultivate marijuana is authorized by State law, the potential land use impacts to the environment and to public health, safety and welfare as identified, necessitates that the County create regulations, such as the MMLUC, to govern CCDF and the cultivation of medical marijuana in a residence for personal use in the County of Humboldt.
9. The County finds that the indoor cultivation of more than fifty (50) square feet of medical marijuana that is more than ten (10) feet tall per residence or detached accessory building, as defined herein, within the unincorporated area of the County will result in an unreasonable risk of crime, fire and other nuisance-related impacts such as odors
offensive to people living or working or recreating nearby, as well as resulting in excessive energy consumption and carbon dioxide emissions, along with the potential for diesel fuel and oil pollution.
10. Therefore, the County finds that the indoor cultivation of fifty (50) square feet or less of medical marijuana that is ten (10) feet tall or less per residence or detached accessory building, which is subordinate, incidental, and accessory to the residential use, within the unincorporated area of the County will achieve the goals of allowing qualified patients the ability to cultivate medical marijuana in their residence for their personal use, while minimizing, to the extent possible, the negative impacts on the neighbors, local businesses, and the community from medical marijuana cultivation and processing.
11. The County finds that CCDF may be allowed pursuant to a conditional use permit in certain specified zones where the potential impacts of the proposed land use on the surrounding community, including traffic, lighting, aesthetics, security, neighborhood compatibility, and other issues are evaluated by the permitting authority to insure that the proposed land use has minimal negative impacts on the local residents, businesses, and the community as a whole.
55.1.4 Applicability and Interpretation
1. The indoor cultivation and processing of medical marijuana for personal use in a residence or detached accessory building and the distribution of medical marijuana by a CCDF within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation, processing, or distribution existed or occurred prior to the adoption of this Code.
2. All indoor cultivation and processing of medical marijuana for personal use in a residence or detached accessory building and the distribution of medical marijuana by a CCDF, as defined herein, regardless of whether the use was previously approved by the Humboldt County Planning Commission or the Humboldt County Board of Supervisors, shall come into full compliance with the MMLUC within one (1) year of the ordinance establishing this Code.
3. Nothing in this Code is intended, nor shall it be construed, to exempt any indoor cultivation of medical marijuana for personal use or the distribution of medical marijuana by a collective, cooperative, or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, or compliance with any applicable state laws.
4. Nothing in this Code is intended, nor shall it be construed, to exempt any indoor residential cultivation and processing of medical marijuana for personal use or distribution of medical marijuana by a CCDF as defined herein, or other marijuana- related activities regulated by the MMLUC from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
5. Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
6. The definitions in this Code are intended to apply solely to the MMLUC. Applicable definitions in Humboldt County Code section 314-135 et seq. and section111-1 et seq. may also apply to this Code.
If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.
55.1.6 Release of Liability and Hold Harmless
As a condition of approval for any conditional use permit approved for a medical marijuana CCDF, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of the medical marijuana CCDF and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or distribution of medical marijuana.
All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.
Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable state and county laws.
Except as otherwise provided, when used in this Code, the following terms shall have the following meanings:
Church: a non-profit organization that operates exclusively for religious purposes and is an organization as described in section 501(c) (3) of the Internal Revenue Tax Code, as amended. For purposes of this Code, “church” includes a church, synagogue, temple, mosque, or other place of worship and related church property, such as a school or a youth camp.
Collective or Cooperative Dispensing Facility (CCDF): a medical marijuana collective, cooperative or delivery service, as defined herein, operating in compliance with all applicable state and local laws.
Cultivation of Medical Marijuana for Personal Use: cultivation and processing of medical marijuana indoors in a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or exceed ten (10) feet in height.
Detached Accessory Building – Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same lot, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. A greenhouse may be considered a Detached Accessory Building if it is a fully enclosed, secure and lockable structure that has a roof supported by connecting walls extending continuously to a perimeter foundation or equivalent base to which the connecting walls are securely attached.
Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Medical Marijuana Collective: an organization that is jointly owned and operated by its members in order to facilitate and coordinate the processing and distribution of medical marijuana to its members from a “store-front” as a collaborative effort.
Medical Marijuana Cooperative: a democratically-controlled entity organized under the laws of the State of California, which includes filing articles of incorporation with the State and conducting its business, the distribution of medical marijuana to its members, as a collaborative effort for the benefit of its members from a “store-front”.
Medical Marijuana Delivery Service: a medical marijuana collective or cooperative, as defined herein, that delivers medical marijuana to its members from a “store-front” base of operations located in a commercial or industrial zone within the unincorporated area of Humboldt County. A medical marijuana delivery service shall not be operated from a residential-zoned parcel and is not eligible for an address of convenience.
Personal Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s use.
Place Where Children Congregate: may include, but is not limited to, a school bus stop, park, playground, a school as defined herein, tutoring facility, or any establishment that either advertises in a manner that identifies it as providing services primarily intended for minors or the individuals who regularly patronize, congregate, or assemble at the establishment are primarily minors.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a licensed physician and is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone, that was permitted under the Building Code in effect at the time it was constructed, as adopted by the County of Humboldt.
Residential Cultivation: the growing of up to fifty (50) square feet that is ten (10) feet or less in height of medical marijuana indoors within a residence or detached accessory structure, as defined herein. Such cultivation is for a qualified patient’s personal use and must be subordinate, incidental, and accessory to the residential use.
Residential Treatment Facility: a facility, whether residential or non-residential, providing treatment for drug or alcohol dependency.
School: public or private institution of learning for minors offering a regular course of instruction as required by the California Education Code, or any child or day care facility licensed by the State of California. This includes a nursery school, kindergarten, Head Start program, elementary school, middle school, high school, continuation or vocational school for minors, or any special institute of education, but it does not include a vocational or professional institution of higher education primarily intended for students over eighteen (18), such as a community or junior college, college, or university.
55.1.9 Indoor Residential Cultivation for Personal Use
An individual qualified patient shall be allowed to engage in indoor residential cultivation of medical marijuana for the patient’s personal use, as long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor residential medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
1. Medical marijuana cultivation in a residence shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
2. Medical marijuana cultivation in detached accessory buildings shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
3. A total of fifty (50) square feet of indoor medical marijuana cultivation for personal use, which does not exceed ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than fifty (50) square feet or more than ten (10) feet in height of medical marijuana cultivation area per residence on the parcel.
4. The medical marijuana cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, posted with a legible copy of the individual patient’s medical marijuana recommendation, secured against unauthorized entry, and maintained for the exclusive use of the qualified patient; and
5. Grow lights for medical marijuana cultivation for personal use in a residence or a detached accessory building shall not exceed 1200 watts total; and
6. All electrical equipment used in the indoor cultivation of medical marijuana in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the cultivation of medical marijuana is prohibited; and
7. The use of gas products (CO2, butane, etc.) for indoor medical marijuana cultivation or processing in a residence or a detached accessory building is prohibited; and
8. No toxic or flammable fumigant shall be used for indoor cultivation of medical marijuana in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and
9. On parcels that contain more than one residence, no odor of medical marijuana shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one residence, no odor of medical marijuana shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the medical marijuana cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of marijuana from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community; and
10. From a public right of way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor medical marijuana cultivation at the residence or detached accessory building that is detectable by a person of ordinary senses; and
11. Medical marijuana cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a Cottage Industry or a Home Occupation, and are not eligible for an address of convenience; and
12. No sale, trading, or dispensing of medical marijuana is allowed on the parcel where medical marijuana is cultivated indoors for personal use; and
13. The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence or detached accessory building within the jurisdiction of the County of Humboldt; and
14. The residence where medical marijuana is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedrooms shall not be used primarily for medical marijuana cultivation; and
15. No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor medical marijuana cultivation for personal use in a residence or detached accessory building; and
16. The indoor cultivation of medical marijuana for personal use in a residence or detached accessory building shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and
17. The indoor cultivation of medical marijuana for personal use in a residence or detached accessory building must comply with all applicable state and county laws, including fire and building codes.
(314-55.1.10 to 314-55.1.19: Sections Reserved for Future Use)
55.1.20 Medical Marijuana Cooperative or Collective Dispensing Facilities (CCDF)
This section applies to all medical marijuana cooperative or collective dispensing facilities (CCDF), as defined in this Code.
1. All medical marijuana dispensing facilities shall operate in compliance with this Code, as well as all applicable state and local laws.
2. CCDF shall only be allowed in specifically enumerated zones with a conditional use permit, and a valid business license. Zoning districts where a CCDF may be located are C-1, C-2, C- 3, CG, CH, CN, MB, ML, MH, and MG.
3. The fact that an applicant possesses other types of state or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a conditional use permit from the County of Humboldt to operate a medical marijuana CCDF within the jurisdiction of the County.
4. Notwithstanding any other provision of the County code, an existing CCDF operating with a conditional use permit and a valid business license approved by the County as of the effective date of this ordinance shall be brought into full compliance with the provisions of this Code within one (1) year of the effective date of the ordinance establishing this Code.
5. In addition to all other requirements for a conditional use permit, all of the following specific requirements must be met in order for the Planning Commission to consider granting a CCDF a conditional use permit:
(A) Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.
(B) The Planning Commission shall specifically regulate the location of the CCDF by considering the potential impacts and cumulative impacts of the proposed medical marijuana CCDF to the community area as a whole and specifically on the following existing uses located within a 500 foot radius of the proposed CCDF, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit for any proposed medical marijuana CCDF within 500 feet of the following uses if the Commission determines that the impacts of the proposed CCDF have the potential to be significant on the following uses:
i. Residential neighborhoods and their inhabitants;
ii. Churches, as defined herein;
iii. Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;
iv. Residential treatment facilities, as defined herein; and
v. The cumulative impacts resulting from the addition of another marijuana collective, cooperative, delivery service or other distribution or transfer facility when there are others within a 500 foot radius of the proposed new facility.
(C) No medical marijuana CCDF, operator, establishment, or provider who possesses, cultivates, or distributes medical marijuana shall be located within a 600-foot radius of a school [Health & Safety Code section 11362.768 (b)]. This distance shall be measured in a straight line from the property line of the school to the property line of the medical marijuana dispensing facility, operator, establishment, or provider.
(D) The CCDF shall at all times be operated in such a way as to ensure the safety of patients and staff; to ensure the security of the medical marijuana; and to safeguard against the diversion of medical marijuana for non-medical purposes. Pursuant to Health & Safety Code Section 11362.765, no profit may be made by a CCDF.
(E) Submission of an Operations Manual and compliance with the Operating Standards, as presented below.
7. Operations Manual
Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit, a medical marijuana CCDF shall submit to the Planning Commission an Operations Manual which provides for the following:
(A) Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit application, the Operations Manual, and the Operating Standards at any time before or after the conditional use permit is issued; and
(B) CCDF shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual must be conveyed to Community Development Services in writing within 30 days of the change; and
(C) A description of the staff screening processes, which shall include a requirement for criminal background checks; and
(D) The hours and days of the week the medical marijuana CCDF will be open; and
(E) Text and graphic materials showing the site, floor plan and facilities of the medical marijuana CCDF. The material shall also show structures and land uses within a 500 foot radius; and
(F) A description of the security measures located on the premises, including but not limited to, lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and members and secure the medical marijuana against diversion for non-medical purposes; and
(G) A description of the screening, registration and validation process and procedures for qualified patients and caregivers; and
(H) A description of qualified patient records acquisition and retention procedures and policies; and
(I) A description of the processes, procedures and inventory controls for tracking the disparate strains, who they were grown by, and amounts of medical marijuana that come in and go out of the CCDF; and
(J) Description of measures taken to minimize or offset the carbon footprint from the activities of the CCDF; and
(K)Description of chemicals stored, used and any effluent discharged as a result of the activities of the CCDF; and
(L) The procedure, documentation, and notice process for assuring the quality and safety of all medical marijuana distributed by the CCDF; and
(M) The procedure and documentation process for determining patient dosage, including any testing for the major active agents in medical marijuana offered to members, such as cannabinoids tetrahydrocannabinol (THC), Cannabidiol (CBD), and Cannabinol (CBN); and
(N) Any other information as may be requested by the County, its employees, and/or by the Planning Commission.
8. Operating Standards
Notwithstanding any other regulations or requirements, medical marijuana CCDF shall comply with all of the following operating standards:
(A) A CCDF that functions as medical marijuana delivery service shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Medical marijuana delivery services shall only operate from a “store-front” facility in a commercial or industrial zone with an approved conditional use permit; and
(B) Medical marijuana CCDF may not be operated by or employ any persons who have been convicted of a felony or who are currently on probation; and
(C) No dispensing of medical marijuana to an individual qualified patient shall be permitted more than once a day; and
(D) The hours of operation of a medical marijuana CCDF shall be no earlier than 10 a.m. and no later than 7 p.m.; and
(E) Medical marijuana CCDF shall only provide medical marijuana to an individual qualified patient who has a valid, verified physician’s recommendation issued in the State of California. The CCDF shall verify on an annual basis that the physician’s recommendations of their members are current and valid; and
(F) Medical cooperatives or collectives shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the cooperative or collective. A copy of the client rules and/or regulations shall be provided to the qualified patient by the medical marijuana delivery service; and
(G) Each building entrance to a medical marijuana CCDF shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming medical marijuana or medical marijuana edibles on the premises or in the vicinity of the CCDF is prohibited; and
(H) Each building entrance to a medical marijuana CCDF shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and
(I) No medical marijuana delivery service shall provide medical marijuana to any qualified patient or holder of a medical marijuana recommendation who is under 18 unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of medical marijuana; and
(J) Every medical marijuana CCDF shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and
(K) All medical marijuana dispensed by a CCDF must be obtained solely from their members in accordance with state law and the California Attorney General’s Guidelines; and
(L) All signs for medical marijuana CCDF must comply with sections 313-87.3 and 314- 87.2 of the County Zoning Regulations; and
(M) The cultivation of marijuana by a CCDF to the flowering stage is prohibited. However, a CDDF may distribute pre-flowering live plants to their members only if allowed by an approved conditional use permit; and
(N) An up-to-date inventory of all hazardous materials stored and used onsite shall be maintained on the premises of the medical marijuana dispensing facility with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
(O) Medical marijuana CCDF shall maintain all necessary permits, and pay all required taxes and fees. CCDF shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and
(P) Medical marijuana CCDF shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual or in the Operating Standards must be conveyed to Community Development Services in writing within 30 days of the change; and
(Q) Medical marijuana CCDF shall comply with any and all conditions of their conditional use permit.
9. Performance Review Reports
(A) Medical marijuana CCDF shall submit a “Performance Review Report” on an annual basis from their initial date of operation for review and approval by the Planning Commission. This annual “Performance Review Report” is intended to identify the effectiveness of the approved conditional use permit, Operations Manual, Operating Standards, and conditions of approval, as well as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with the medical marijuana CCDF that could potentially lead to revocation of the conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
(B) The medical marijuana CCDF shall be inspected by the Humboldt County Sheriff or his/her designee, and/or employees of Community Development Services and/or the Code Enforcement Investigator on an annual basis, or more frequently as requested by the Planning Commission, to determine if the cooperative, collective or delivery service is in compliance with its conditional use permit, Operating Standards, and Operations Manual. After payment of the inspection fees as indicated in the following section, a copy of the results from this inspection shall be given to the CCDF for inclusion in their “Performance Review Report” to the Planning Commission.
(C) Inspection and review fees pursuant to the County’s adopted schedule of fees and charges, as amended from time to time by the Board of Supervisors, shall be paid by
the medical marijuana CCDF and accompany the “Performance Review Report” for costs associated with the inspection and the review of the report by County staff.
(D) Non-compliance by the medical marijuana CCDF in allowing the inspection by the above-mentioned County personnel, or refusal to pay the required fees, or non- compliance in submitting the annual “Performance Review Report” for review by the Planning Commission shall be deemed grounds for a revocation of the conditional use permit and/ or subject the holder of the conditional use permit to the penalties outlined in this Code, above.
10. A conditional use permit shall be revoked or modified according to Humboldt County Code Section 312-14 (Revocation Procedures). Permit revocation or modification shall be sought for non-compliance with one or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1.
11. A conditional use permit to operate a CCDF may be transferred to another upon approval by the Planning Commission after a noticed public hearing.
55.1.21 Medical Marijuana Research Laboratories and Testing Facilities
1. Research laboratories and testing facilities at which no cultivation, processing, or distribution of medical marijuana occurs shall be allowed in any zone in which medical laboratories and medical testing facilities are permitted. Medical marijuana laboratories and medical marijuana testing facilities shall be subject to all the regulations and standards applicable to medical laboratories and medical testing facilities in the Humboldt County Code.
55.1.22 Medical Marijuana Business Offices
1. Business offices for a medical marijuana CCDF at which no cultivation, processing, storage, handling, or distribution of marijuana in any form occurs shall be allowed in any zone in which business offices are allowed. Medical marijuana business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code.