City of Berkeley

Regulations for Marijuana Related Commercial Activity

Alameda County –> City of Berkeley

City Description

Berkeley (/ˈbɜːrkliː/ BURK-lee) is a city on the east shore of San Francisco Bay in northern Alameda County, California. It is named after the 18th-century Anglo-Irish bishop and philosopher George Berkeley. It borders the cities of Oakland and Emeryville to the south and the city of Albany and the unincorporated community of Kensington to the north. Its eastern border with Contra Costa County generally follows the ridge of the Berkeley Hills. The 2010 census recorded a population of 112,580.

Berkeley is home to the oldest campus in the University of California system, the University of California, Berkeley, and to the Lawrence Berkeley National Laboratory, which is managed and operated by the University. It also has the Graduate Theological Union, one of the largest religious studies institutions in the world. It is one of the most politically liberal cities in the United States.

Berkeley is home to some of the oldest, continuously running, medical cannabis dispensaries in the county, having formed as collectives after Prop-215 passed in California in 1996. While many Californian cities and counties still lack dispensary storefronts, the City of Berkeley has been providing safe access for medical patients for over 20 years.

12.24.010 Purpose.

The unjust laws restricting the cultivation and use of marijuana must be repealed. The much publicized paraquat poison scare in 1978 revealed again how the government’s efforts to stop the use of marijuana are more likely to harm our citizens than to protect them. The people of Berkeley have supported decriminalization efforts on the ballot in 1972 and 1973, and through this initiative intend to do so again. It has been six years since the last such ballot measure passed, and still the laws against marijuana remain on the books and continue to be enforced. We are impatient for reform of the marijuana laws, and the return of our basic freedoms of life, liberty and the pursuit of happiness.

The ordinance codified in this chapter will:

A.    Allow the people of Berkeley to become more economically self-reliant as increased cultivation of marijuana for personal use reduces the current expenditure of millions of dollars for marijuana grown outside Berkeley;

B.    Reduce the current expenditure of public funds for senseless enforcement of marijuana laws; available funds should be used for needed community services, not harassment;

C.    Remove the fear of prosecution from people who need to use marijuana for treatment of glaucoma, chemotherapy side effects and other medical problems;

D.    Decrease tension between the police and members of the community who are made to feel like criminals as a result of marijuana law enforcement;

E.    Reduce the theft of marijuana plants by making it possible to report such thefts to the police; and

F.    Instruct the City government to support all efforts toward the reform of marijuana laws. Therefore, the purpose of this chapter is to establish the marijuana policy for the City. (Ord. 5137-NS § 1, 1979)

12.24.020 Efforts to decriminalize and/or legalize marijuana in California.

It is the desire of the people of Berkeley that marijuana be legalized in California. In this context, the people of Berkeley fully support the present statewide efforts to further decriminalize and/or legalize marijuana. The City Council is directed to lobby in favor of the decriminalization and legalization of marijuana, and shall seek to ensure that the Berkeley Police Department undertakes similar lobbying. (Ord. 5137-NS § 5, 1979)

12.24.030 Law enforcement priority of marijuana statutes.

The City Council shall seek to ensure that the Berkeley Police Department gives lowest priority to the enforcement of marijuana laws. (Ord. 5137-NS § 2, 1979)

12.24.040 Arrests and citations for violations of marijuana statutes.

The City Council shall seek to ensure that the Berkeley Police Department makes no arrests and issues no citations for violations of marijuana laws. (Ord. 5137-NS § 3, 1979)

Berkely Municipal Code 9.04.136 Cannabis businesses.

A. 1. Every Medical Cannabis Business that is not a Nonprofit Organization as defined in Section 9.04.305, and every Non-Medical Cannabis Business, shall pay an annual tax for each thousand dollars of gross receipts as provided in Section 9.04.240. If the “Regulate, Control and Tax Cannabis Act of 2010” on the November 2010 state ballot passes and takes effect, the maximum gross receipts rate that may be applied to medical cannabis businesses shall be reduced to 1.8%, or $18 per $1000.

2. Except as provided in paragraph 1 of this subdivision, the tax on Medical Cannabis Businesses that is imposed by this Section shall be phased in as follows:

a. The tax payable in 2011 shall be $18 per $1000 of gross receipts after June 30, 2010.

b. The tax payable in 2012 shall be $25 per $1000 of gross receipts after January 1, 2011.

c. The tax payable in subsequent years shall be $25 per $1000 of gross receipts during the preceding calendar year.

B. For purposes of this Chapter:

1. “Medical Cannabis Business” means any activity regulated or permitted by Chapter 12.26 or Title 23 that involves planting, cultivating, harvesting, transporting, dispensing, delivering, selling at retail or wholesale, manufacturing, compounding, converting, processing, preparing, storing, packaging, or testing, any part of the plant Cannabis sativa L. or any of its derivatives, pursuant to Health & Safety Code sections 11362.5 and 11362.7-11362.83.

2. “Non-Medical Cannabis Business” means any of the activities described in the preceding paragraph that are not conducted pursuant to Health & Safety Code sections 11362.5 and 11362.7-11362.83, but are otherwise authorized by state law.

3. “Cannabis Business” includes both Medical Cannabis Businesses and Non-Medical Cannabis Businesses.

4. A Cannabis Business shall be deemed a “Business” under Section 9.04.010 and as that term is used in this Chapter.

C. For purposes of this Section and Section 9.04.305.A.2, “gross receipts” includes any monetary consideration for medical cannabis whatsoever, including but not limited to: membership dues; reimbursement pursuant to Health & Safety Code sections 11362.5 and 11362.7-11362.83; and any money received for wholesale or retail sales.

D. 1. The annual tax rate imposed by Section 9.04.240 on Non-Medical Cannabis Businesses shall apply to the sum of gross receipts as defined in Section 9.04.025 and this Section.

2. The City Council may impose the tax authorized by this Section at a lower rate, and may establish an exemption for Cannabis Businesses whose gross receipts are below a specified amount. The Council may adopt different rates and exemption levels for Medical and Non-Medical Cannabis Businesses. No action by the Council under this paragraph shall prevent it from subsequently increasing the tax rate for any type of Cannabis Business to the maximum specified in this Section and Section 9.04.240 or from modifying or eliminating any exemption.

E. In order to aid in the City’s collection of taxes due under this Chapter and ensure that all Cannabis Businesses are taxed consistently to the best of the City’s ability, beginning January 1, 2011, in any Cannabis Business, that obtains any product containing Cannabis sativa L. or any of its derivatives for monetary consideration that constitutes gross receipts under subdivision (C) for the provider of that Cannabis sativa, shall either:

1. Report quarterly to the City all such transactions, the monetary consideration involved, and the identity and contact information of the person or entity to whom or to which monetary consideration was provided; or

2. Collect the tax that would be payable as a result of the transaction from the person or entity to whom monetary consideration was provided and remit it to the City.

F. The City Manager may promulgate regulations to implement and administer this Section, including allowing Medical Cannabis Businesses to remit taxes more frequently than annually. (Ord. 7160-NS § 1, 2010)

CULTIVATION

APPROVED

Section 12.25.040 Information requirements

Every Cultivation Business shall provide the following information to the City, and shall update it annually and whenever there is any material change.

A. A description of each Facility operated by the Cultivation Business and its location, which shall include such information as the City may require that demonstrates compliance with applicable provisions of this Chapter.

B. The name, address and 24-hour contact information for each Principal, including a photocopy of at least one primary form of photo identification, such as a California Drivers License or US Passport. This information shall also include any aliases, maiden or married names or other former legal names.

C. Proof of each Principal’s status as a qualified patient or primary caregiver.

D. For each Principal, a signed consent for the City to conduct a background check, including criminal history.

E. Proof of the nature of the Cultivation Business’s organizational status, such as articles of incorporation, by-laws, partnership agreements, and other documentation as may be appropriate or required by the City. (Ord. 7529-NS § 1 (part), 2017)

Section 12.25.050 Operating Standards

A. General operating standards.

1. A Principal or designated Member of the Board of a Cultivation Business must be a member of the Dispensary or Collective that the Cultivation Business supplies.

2. No physician recommendations for Medical Cannabis may be provided on site.

B. Non-diversion. Cultivation Businesses shall take all practicable steps necessary to prevent and deter diversion of Medical Cannabis or Medical Cannabis Products to non-Members. Cultivation Businesses must limit access to Medical Cannabis and Medical Cannabis Products to authorized personnel only, and must maintain an inventory management system that:

1. Accounts for all Medical Cannabis and Medical Cannabis Products;

2. Tracks each Batch of Medical Cannabis and Medical Cannabis Products produced by the Cultivation Business from each Facility, including each Batch’s approximate content of Active Ingredients and Cannabis By- Products as a percentage of weight;

3. Retains all information listed in paragraphs 1 and 2 above for a period of at least 120 days from production of the Batch; and

4. Is capable of producing a summary showing the information necessary to verify non-diversion.

C. Product Distribution.

Cultivation Businesses may only provide Medical Cannabis or Medical Cannabis Products to other Medical Cannabis Organizations that are permitted by local authorities or permissible under local law.

D. Members and employees. All employees and volunteers must be Members who are at least 18 years of age.

E. Security.

1. Cultivation Businesses shall provide adequate security and lighting at each Facility to ensure the safety of persons and protect the premises from theft at all times. Lighting shall be of sufficient intensity to illuminate all areas of the lot.

2. Cultivation Businesses must maintain security guards and camera coverage of the entire grounds of each Facility to an extent sufficient to ensure the safety of persons and deter crime. Cameras must be maintained in good condition, and use a format approved by the City Manager, which is of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime. The cameras shall be in use 24 hours per day, seven (7) days per week. The areas to be covered by the security cameras include, but are not limited to, distribution areas, storage areas, cultivation areas, all doors, parking lots, and any other area determined by the City Manager. Surveillance footage must be retained for a period of 90 days and made available to the Berkeley Police Department for purposes of investigation of alleged crimes, promptly upon request without the necessity of a warrant or subpoena. Retention and maintenance of security camera recordings shall comply with Section 12.25.110.

3. Facilities must be equipped with an alarm system that is operated and monitored by a security company licensed by and in good standing with the California Department of Consumer Affairs. Alarms shall be maintained and in good working condition at all times.

4. In order to prevent unauthorized entry to a Facility during non-business hours, a Business shall either secure all exterior windows and roof hatches from the inside with bars, retractable, folding or sliding metal gates, or metal rollup or accordion doors, or provide at least one security guard during those hours.

5. Any security guards employed by Cultivation Businesses shall be licensed and possess a valid Department of Consumer Affairs “Security Guard Card” at all times. Security personnel may not be armed.

6. All Medical Cannabis- and, Medical Cannabis Products shall be securely stored at all times, and the entrance to all storage areas shall be locked and under the control of staff.

7. Cultivation Businesses shall make transactions with payment methods other than cash whenever feasible. All cash received, except that needed for retail customer transactions shall be kept in a secure receptacle such as a drop safe or other type of safe.

F. Neighborhood compatibility.

1. Facilities shall be operated in a manner that ensures neighborhood compatibility, and shall take all steps necessary to ensure that they do not create neighborhood disturbances. Such measures shall include, but not be limited to, providing a security guard to patrol the area surrounding the Facility during all hours of operation.

2. Facilities shall provide the Police Department and all residents, businesses and property owners within 100 feet with the current name, phone number, secondary phone number and e-mail address of an on-site community relations staff person to whom notice of any operating problems associated with the Facility may be reported. This information shall be updated as necessary to keep it current. Cultivation Businesses shall encourage neighbors to call this person to try to solve any operating problems.

3. All Cultivation Businesses shall have an on-site manager at each Facility who is responsible for overall operation at all times that employees are conducting operations, and shall provide the Police Department with contact information for all such persons, including telephone number and e-mail address. Cultivation Businesses shall also provide the Police Department with the current name and phone numbers of at least one 24-hour-oncall manager. This information shall be updated as necessary to keep it current.

4. Cultivation Businesses shall take all reasonable steps to discourage and correct objectionable conditions that constitute a public or private nuisance in parking areas, sidewalks, alleys and areas surrounding a Facility and adjacent properties. Such conditions include, but are not limited to: smoking; creating a noise disturbance; loitering; littering; and graffiti.

5. Cultivation Businesses shall ensure all graffiti is removed from property and parking lots under their control within 72 hours of its appearance.

G. Dispensing and Consumption of Medical Cannabis, Tobacco and Alcohol.

1. Dispensing of Medical Cannabis or Medical Cannabis Products to end users at a Facility is prohibited.

2. Sale or consumption of tobacco is prohibited at Facilities.

3. Sale and/or service of alcoholic beverages at Facilities is prohibited.

4. This subdivision does not prohibit the use of non-combustible Medical Cannabis, Medical Cannabis Products or Edibles on the premises of the facility by persons for whom such use is not a crime under California law, for treatment of medical conditions pursuant to a recommendation by a physician.

H. Accessibility. Facilities shall comply with all physical accessibility requirements that would be applicable to a newly-constructed building. (Ord. 7529-NS § 1 (part), 2017)

Section 12.25.060 Signage

No signage is required. Signage is discouraged. (Ord. 7529-NS § 1 (part), 2017)

Section 12.25.070 Product Safety

Quality Assurance and Labeling Medical Cannabis and Medical Cannabis Products shall be tested, and specified compounds shall be quantitated, as set forth in this Section.

A. The following compounds shall be quantitated as set forth in the following table, using equipment and methodologies with limits of detection for all compounds no greater than 0.1% by weight, or 1 mg/g

B. The quantitative information required by subdivision A shall be printed on labels for all Medical Cannabis and Medical Cannabis Products as set forth in the following table.

C. Medical Cannabis and Medical Cannabis Products shall be tested for contaminants as set forth in the following table. Medical Cannabis and Medical Cannabis Products that contain more than the permissible levels may not be provided to any Member or any other person, and shall either be destroyed or returned to their source(s) at the option of the owner.

D. Cultivation Businesses shall maintain a written or computerized log documenting:

1. the date, type, and amount of Product tested;

2. the source(s) of any contaminated Medical Cannabis or Medical Cannabis Products;

3. the report containing the results of the testing, including the name and level of the substance detected; and

4. the disposition of the Medical Cannabis or Medical Cannabis Product from which the contaminated sample was obtained, including the amount and the date and manner of disposition. Such logs shall be maintained for at least one year and made available to the City upon request.

E. Packaging and Labeling for Medical Cannabis and Medical Cannabis Products.

1. Medical Cannabis and Medical Cannabis Products shall be contained in packaging that bears labels containing the following information, in addition to any other information that a Cultivation Business may choose to provide or that may be required by law:

a. the name and contact information for the Facility;

b. the weight;

c. the quantity of compounds as set forth in subdivision B;

d. the date of manufacture or production; and

e. a complete list of ingredients.

2. Scales and weighing mechanisms must be able to weigh to within 1/100th of a gram, shall be maintained in good working order and shall be subject to annual inspection by either the Alameda County Department of Agriculture/Weights and Measures or a licensed scale company.

F. This Section shall be deemed repealed and of no further force or effect once testing as set forth in Article 10 of Chapter 3.5 of the Business and Professions Code is available. (Ord. 7529-NS § 1 (part), 2017)

Section 12.25.080 Energy use

A. A Facility may not be approved unless it includes all feasible cost-effective water and energy efficiency measures, including but not limited to natural daylight, high efficiency task lighting, natural ventilation, on-site renewable generation, automatic controls, water collection, filtration and reuse, and rainwater harvesting. The application for a Facility shall include a description of all energy and water systems, measures employed to maximize efficient resource use, and the following metrics, with supporting documentation:

1. Planned lighting power density (watts per square foot)

2. Planned lighting Energy Utilization Index (kBtu/sf/year)

3. Planned total site Energy Utilization Index (kBtu/sf/year)

4. Planned potable water consumption (gallons/sf/year)

B. A Cultivation Business shall mitigate the carbon dioxide emissions caused by the generation of electrical energy delivered to its Facility through either:

1. purchase of renewable energy certificates certified by the Center for Resource Solutions;

2. a local carbon offset fund established by the City of Berkeley.

C. If a Facility uses natural gas to generate electricity for consumption at the site, the Cultivation Business shall offset the carbon content of all electrical energy delivered to the Facility through either:

1. a program that is included in one of the Offset Project Registries approved by the California Air Resources Board and consists of a project or projects that are solely located in the United States and are ether producing energy or reducing energy consumption;

2. a local carbon offset fund established by the City of Berkeley.

D. For purposes of calculating carbon emissions, the carbon dioxide content of natural gas shall be 5.302 metric tons per 1,000 therms and the carbon dioxide content for electricity shall be the value, at the time of filing, from the most recent Power Content Label published by the California Energy Commission.

E. The Cultivation Business shall be responsible for demonstrating compliance on a calendar-year basis. Documentation shall include copies of energy and water bills, as well as an authorization to energy and water providers to disclose energy and water consumption at the Facility directly to the City. All parties that are responsible for energy and water bills shall also be responsible for providing such documentation and authorization.

F. The annual amount paid by a Cultivation Business to both mitigate carbon dioxide emissions caused by the generation of electrical energy to its Facility and to offset the carbon content of all electrical energy delivered to its Facility shall not exceed 10% of the Facility’s annual energy bill. This fee shall be reconsidered after five years to determine whether it should be readjusted to reflect lower energy rates or higher costs of renewable energy certificates. (Ord. 7529-NS § 1 (part), 2017)

Section 12.25.090 Records

A. General. All Cultivation Businesses and Facilities shall maintain contemporaneous financial and operational records sufficient to show compliance with this Chapter, Chapter 12.26, and applicable California law, as well as satisfaction of commitments made in the Cultivation Business’s application and during the ranking and allocation process, if any. Such records shall be maintained in a secure location under the control of the Cultivation Business within the City of Berkeley, and shall be subject to inspection by the City upon reasonable notice during regular operational hours or by appointment.

B. Finances.

1. Cultivation Businesses shall operate on a Not-for-Profit basis. Sale of Medical Cannabis to cover anything other than reasonable compensation and reasonable out-of-pocket expenses is explicitly prohibited. To the extent they provide goods or services not related to Medical Cannabis, Cultivation Businesses need not operate on a Not-For-Profit basis.

2. Cultivation Businesses shall make their financial records available to the City on an annual basis. Such audited records shall be limited to information necessary for the City to determine the not-for-profit status of the organization and shall include information on staff/principal compensation.

C. Qualified Patient or Primary Caregiver status. Cultivation Businesses shall keep an accurate roster of all Principals and employees, which shall include either the State of California Medical Marijuana Identification Card number issued by a county pursuant to Health & Safety Code Sections 11362.7 et seq. or a copy of a physician’s referral and, if any such person is a Primary Caregiver, a written authorization from the Qualified Patient to be represented by such Primary Caregiver. Such records shall be maintained in a manner that protects the confidentiality of all persons identified therein.

D. Operations. Cultivation Businesses shall maintain the following information and make it available to the City within 30 days of the end of each calendar year.

1. The Collectives and /or Dispensaries of which the Principals and employees are Members.

2. The total amount of revenue collected during the year;

3. The consideration received for each Batch;

4. Monetary and non-monetary contributions;

5. Total monetary and non-monetary distributions to Members of any of the Dispensaries and/or Collectives of which the Principals or employees are Members, other than Medical Cannabis, Medical Cannabis Products or Edibles provided for monetary consideration;

6. Salaries and overhead; and

7. A complete list of the types of Medical Cannabis, Medical Cannabis Products and Edibles available, and the prices thereof.

E. Convictions. Cultivation Businesses shall immediately report any conviction of a person subject to Section 12.28.030.A that would cause him or her to be ineligible to be a Principal or employee.

12.26

D.    Amount of Dried Cannabis and Plants.

1.    Medical Cannabis Collectives may possess a reasonable quantity of dried cannabis and cannabis plants to meet the needs of their patient members. Medical Cannabis Collectives shall not accumulate more cannabis than is necessary to meet the personal medical needs of their Qualified Patients.

2.    Except as permitted in Title 23, cultivation of medical cannabis by a medical cannabis collective that is not a Medical cannabis dispensary may only be incidental to a residential use. Cultivation occupying more than the lesser of 200 square feet or 25% of building square footage shall not be considered incidental, and is prohibited.

3.    For purposes of this subdivision, “square feet” and “square footage” means the horizontal areas of all floors, including usable basement and cellars, below the roof and within the outer surface of the main walls of buildings (or the center lines of party walls separating such buildings or portions thereof).

E.    Size of Visible Cannabis Gardens. The City of Berkeley recognizes that large scale outdoor cultivation of medical cannabis will create a risk of theft and violence due to the high monetary value of a large number of cannabis plants and the relative ease of theft by trespassing. Large-scale outdoor cannabis cultivation will also unfairly create tension and fear among the surrounding residents of trespassing, thefts, and violence. Accordingly, any medical cannabis collective or Collectives that cultivate medical cannabis plants outdoors (excluding secure rooftops or balconies that are not visible from other buildings or land) or in any place that is visible with the naked eye from any public or other private property, can only cultivate 10 such plants at one time on a single parcel or adjacent parcels of property.

F.    Restriction on Excessive Cultivation and Possession. Nothing in this Section shall authorize any individual, organization, affiliation, collective, cooperative or other entity to (1) cultivate or possess a quantity of medical cannabis that is inappropriate for the personal medical need of the patient(s) for whom it is intended; or (2) cultivate or possess any quantity of cannabis for non-medical purposes. (Ord. 7161-NS § 2, 2010; Ord. 7068-NS § 3 (part), 12/08/08: Ord. 6620-NS § 1, 2001)

MANUFACTURING

APPROVED

RETAIL

APPROVED

12.26.040 Medical cannabis collectives.

A.    Pooling of Resources Recognized. The City of Berkeley recognizes that some qualified patients may not have primary caregivers and also may not be able to undertake all the physical activities necessary to cultivate cannabis for personal medical use. Accordingly, this section recognizes that qualified patients may join together with or without their primary caregivers to form medical cannabis collectives for the purpose of acquiring or cultivating and manufacturing medical cannabis solely for the personal medical use of the members who are qualified patients. The City recognizes that not all members of a medical cannabis collective will perform the same tasks or contribute to the collective in an equal manner. Accordingly, medical cannabis collectives are free to decide how to best pool their resources and divide responsibilities in cultivating medical cannabis for the personal medical use of their members who are qualified patients.

B.    Restriction on Membership. Membership in a medical cannabis collective must be restricted to qualified patients and their primary caregivers. However, primary caregivers shall not be allowed to obtain cannabis for their own personal use. In addition, a primary caregiver cannot be a member of a medical cannabis collective, unless the primary caregiver’s qualified patient is also a member.

C.    Restriction on Distribution to Non-Members. Medical cannabis collectives and each member thereof, shall not sell, barter, give away, or otherwise distribute cannabis to non-members of the medical cannabis collective.

D.    Amount of Dried Cannabis and Plants.

1.    Medical Cannabis Collectives may possess a reasonable quantity of dried cannabis and cannabis plants to meet the needs of their patient members. Medical Cannabis Collectives shall not accumulate more cannabis than is necessary to meet the personal medical needs of their Qualified Patients.

12.27.050 Operating Standards

Dispensaries shall also comply with the operating standards set forth in this Section.

A.    Membership.

1.    No person other than a Member may Cultivate Medical Cannabis on behalf of a Dispensary.

2.    The scale of Cultivation by or on behalf of a Dispensary shall be proportional to its Member load.

3.    No physician recommendations for Medical Cannabis may be provided on site.

4.    All prospective members must be advised in writing, prior to accession to membership, as follows: “WARNING: Medical cannabis products including edibles are not tested by local, state or federal governmental agencies for health, safety, or efficacy. There may be health risks associated with the consumption of these products.”

B.    Non-diversion. Dispensaries shall take all practicable steps necessary to prevent and deter diversion of Medical Cannabis to non-Members. Dispensaries must limit access to Medical Cannabis to authorized personnel only, and must maintain an inventory management system that:

1.    Accounts for all Medical Cannabis;

2.    Tracks each Batch of Medical Cannabis received by the Dispensary from its source, including each Batch’s approximate content of Active Ingredients and Cannabis By-Products as a percentage of weight;

3.    Retains all information listed in paragraphs 1 and 2 above for a period of at least 120 days from receipt of the Batch; and

4.    Is capable of producing a summary showing the information necessary to verify non-diversion.

C. Dispensing.

1.    Dispensaries may not dispense to any person who is not a Member, and may not dispense without first verifying membership.

2.    Dispensaries may not provide more Medical Cannabis for a Member than is necessary for the personal medical use of the Qualified Patient for whom the Medical Cannabis is intended, and may not dispense more than one ounce of dried Medical Cannabis in leaf form per day per Qualified Patient as defined in state law; provided that:

a.    if a Qualified Patient has a physician’s recommendation that this quantity does not meet his or her medical needs, the Qualified Patient or his or her Primary Caregiver may possess, and the Dispensary may dispense to him or her, an amount of Medical Cannabis consistent with those needs;

b.    a Dispensary may provide more than one ounce of dried Medical Cannabis if the excess amount is low concentration Medical Cannabis that would not normally be sold for consumption, and is only used for preparation of Medical CannabisProducts or Edibles by a Member; or

c.    a Qualified Patient needs a greater quantity due to a planned absence from the area.

3.    Retail Dispensaries may not distribute free samples for promotional purposes outside of the Dispensary premises.

4.    If a Member has an identification card issued pursuant to Health & Safety Code Section 11362.71 or 11362.735, a Dispensary shall use the number from that card to ensure compliance with this subdivision.

5.    No physician recommendations for Medical Cannabis may be provided on site.

6.    All prospective members must be advised in writing, prior to accession to membership, as follows: “WARNING: Medical cannabis products including edibles are not tested by local, state or federal governmental agencies for health, safety, or efficacy. There may be health risks associated with the consumption of these products.”

D.    Members and employees.

1.    All employees and volunteers must be Members who are at least 18 years of age.

2.    Dispensaries may not admit any person under 18 years of age to membership without written authorization of a parent or legal guardian. Any Member under 18 years of age shall be accompanied by a parent or legal guardian at all times that such person is at the Dispensary.

E.    Security.

1.    Dispensaries shall provide adequate security and lighting on-site to ensure the safety of persons and protect the premises from theft at all times. Lighting shall be of sufficient intensity to illuminate all areas of the lot.

2.    Dispensaries must maintain security guards and camera coverage of their entire grounds to an extent sufficient to ensure the safety of persons and deter crime. Cameras must be maintained in good condition, and use a format approved by the City Manager, which is of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime. The cameras shall be in use 24 hours per day, seven (7) days per week. The areas to be covered by the security cameras include, but are not limited to, dispensing areas, storage areas, cultivation areas, all doors, parking lots, and any other area determined by the City Manager. Surveillance footage must be retained for a period of 90 days and made available to the Berkeley Police Department for purposes of investigation of alleged crimes, promptly upon request without the necessity of a warrant or subpoena. Retention and maintenance of security camera recordings shall comply with Section 12.27.110.

3.    Dispensaries must be equipped with an alarm system that is operated and monitored by a security company licensed by and in good standing with the California Department of Consumer Affairs. Alarms shall be maintained and in good working condition at all times.

4.    In order to prevent unauthorized entry during non-business hours, a Dispensary shall either secure all exterior windows and roof hatches from the inside with bars, retractable, folding or sliding metal gates, or metal rollup or accordion doors, or provide at least one security guard during those hours.

5.    Any security guards employed by Dispensaries shall be licensed and possess a valid Department of Consumer Affairs “Security Guard Card” at all times. Security personnel may not be armed.

6.    All Medical Cannabis except for limited amounts used for display purposes, samples or immediate sale, shall be securely stored at all times, and the entrance to all storage areas shall be locked and under the control of staff.

7.    Dispensaries shall make transactions with payment methods other than cash whenever feasible. All cash received, except that needed for retail customer transactions shall be kept in a secure receptacle such as a drop safe or other type of safe.

F.    Neighborhood compatibility.

1.    Dispensaries shall be operated to ensure neighborhood compatibility, and shall take all steps necessary to ensure that Members do not create neighborhood disturbances. Such measures shall include, but not be limited to, providing a security guard to patrol the area surrounding the Dispensary during all hours of operation.

2.    Dispensaries shall provide the Police Department and all residents and property owners within 100 feet with the current name, phone number, secondary phone number and e-mail address of an on-site community relations staff person to whom notice of any operating problems associated with the establishment may be reported. This information shall be updated as necessary to keep it current. Dispensaries shall encourage neighbors to call this person to try to solve any operating problems.

3.    All Dispensaries shall have an on-site manager responsible for overall operation at all times they are open, and shall provide the Police Department with contact information for all such persons, including telephone number and e-mail address. Dispensaries shall also provide the Police Department with the current name and phone numbers of at least one 24-hour-on-call manager. This information shall be updated as necessary to keep it current.

4.    Dispensaries shall take all reasonable steps to discourage and correct objectionable conditions that constitute a public or private nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties. Such conditions include, but are not limited to: smoking; creating a noise disturbance; loitering; littering; and graffiti.

5.    Dispensaries shall ensure all graffiti is removed from property and parking lots under their control within 72 hours of its appearance.

6.    Dispensaries shall operate only between the hours of 9:00 a.m. and 9:00 p.m.

G.    Consumption of Medical Cannabis, Tobacco and Alcohol.

1.    Smoking of Medical Cannabis is prohibited at Dispensaries and within 50 feet of Dispensaries on the public right of way. For purposes of this subdivision, the term “smoking” does not include the use of an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of Medical Cannabis, including but not limited to any device manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

2.    Sale or consumption of tobacco is prohibited at Dispensaries.

3.    Sale, service and consumption of alcoholic beverages at Dispensaries is prohibited, and Dispensaries shall prohibit any person in possession of an alcoholic beverage from entering or remaining on the premises.

H.    Accessibility. Dispensaries shall comply with all physical accessibility requirements that would be applicable to a newly-constructed building, except that pre-existing Dispensaries permitted under Ordinance No. 6826-N.S. shall not be required to comply with such requirements as long as they remain in the same location as when this Chapter became effective, except as may be required by other laws.

I.    Termination of Membership.

A Dispensary shall terminate the membership of any Member of whom it is aware who purposely or repeatedly violates the limitations in this Section or who operates a motor vehicle after ingesting any Medical Cannabis Product at that Dispensary. Prompt termination of membership under this subdivision shall be considered in any enforcement proceeding against a Dispensary. (Ord. 7532-NS § 4, 2017: Ord. 7360-NS § 1 (part), 2014)

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