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Thursday, October 29, 2009

Just sent my thoughts on a marijuana ordinance to City Attorney

I am down in San Diego attending a quarterly meeting of the California Medical Board on which I serve. Taking a break and just sent a list of items I would like included in any ordinance regulating marijuana collectives/cooperatives. Because Long Beach -- and most other cities in California never regulated these businesses, they are taking advantage of a loop-hole in the law.

I would prefer that we don't have any in Long Beach (yes, as a health care professional I know people swear by the wonders of marijuana).

This is an illegal substance that is totally unregulated in terms of its quality. We don't even know what has been sprayed on the product. We don't know the strength of the product is. For god sakes, we don't let people sell hot dogs at a baseball game unless they follow Health Department regulations.

My constituents are angry as they watch one after another of these facilities open on the eastside. They find it incredible that the city gets no notice when these shops open or that we don't regulate them at all.

So while I'd rather Long Beach didn't have them at all -- I don't know that we have the votes on the Council to make that happen. So I am submitting a number of items that should provide public protection:


Marijuana Collectives/cooperatives ordinance provisions (among others being suggested by City Attorney and City Prosecutor, I would add:)

1. City council shall authorize no more than 3 collectives/cooperatives – no closer than 5 miles from each other.
2. 65% or more of residents within 2,000 feet of proposed facilities must approve the facility being located there.
3. Must not be located less than 1,000 feet from residential zone; pre-school, child care facility, k-12 school; public library; park or playground where children are present
4. Police dept shall conduct criminal background checks on owner and all employees.
5. Employees must be 21 years of age or older.
6. Physicians may not be employed and/or compensated by collective/cooperative. On site medical exams to qualify a person for referral for medical marijuana shall not be permitted.
7. Allowable square footage of facility shall be established by City Council.
8. Registered members must show state issued cards
9. The number of registered members must be reported semi-annually to Police Dept.
10. Security shall be provided constituent with a plan approved by Police Dept. Guards may carry guns.
11. Facility must be fully compliant with requirements of Americans with Disabilities Act – including door widths, counter heights, parking lots, signage for blind, etc.
12. Edible products are subject to Health Department regulations.
13. There shall be no sales of delivery devices – pipes, papers, etc.
14. Trash disposed of by facility shall be considered medical waste and disposed of accordingly after permits are obtained. The discovery of cannabis or any product or delivery device containing any cannabis in the regular trash by the Police shall result in closure of the facility.
15. Cultivation is restricted to industrial zones. Site must have proper permits for disposal of water and any run off from the cultivation. Health Dept shall inspect and provide permits regarding ventilation, water, etc.
16. The number of plants cultivated shall be reported semi-annually to the Police Dept.
17. Daily transactions of cannabis by collective shall not exceed 1 oz. Reports of all transactions shall be made to the Police Dept on semi-annual basis.
18. Signage at collectives: there shall be external and internal signage in not less than 14 point type with following: Notice: The California Compassionate Use Act and the Medical Marijuana Program Act requires that only registered members of this collective/cooperative shall obtain cannabis for medical purposes. Registered members must have a verified physician referral and a state issued card. No cannabis may be used or consumed on premises or within 2,000 feet of any residence, child care, school, library, playground or park.
20. The name of the business shall only state that it is a medical marijuana collective or cooperative. No artwork or photographs will be displayed.
21. These facilities are not medical clinics and therefore no patient-doctor relationship exists.
22. Because these facilities are operated by non-profit organizations they cannot be taxed.
23. Transportation of cannabis, cannabis products and/or cannabis delivery products (papers, pipes, etc) by a collective/cooperative to a registered member’s residence is illegal.

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