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75A - PH - CANNABIS UPDATE
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75A - PH - CANNABIS UPDATE
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7/11/2019 5:57:57 PM
Creation date
7/11/2019 5:55:58 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75A
Date
7/16/2019
Destruction Year
2024
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Ordinance Amendment No <br />July 16, 2019 <br />Page 8 <br />2019-01 — Commercial Cannabis Ordinance Updates <br />Medicinal Cannabis Purchasing Age <br />SAMC Section 18-613 (1) restricts access to medicinal cannabis to those aged 21 and older <br />unless accompanied by a primary caregiver, physician, parent, or documented legal guardian. <br />Amending this restriction to allow individuals age 18 and older to access medicinal cannabis will <br />ensure consistency with Proposition 64, which was approved by California voters in November <br />2016, and will assist with ensuring the long-term viability of medicinal cannabis sales. Adult -use <br />(recreational) cannabis sales will remain restricted to those aged 21 and older. <br />Badges <br />SAMC Sections 18-613 (k) and 40-8 (3) (o) require all agents, private security officers or other <br />persons acting for or employed by a commercial cannabis business to display a laminated <br />identification badge. Moreover, the State of California requires that all commercial cannabis <br />businesses produce badges, subject to inspection by the State. As written, the ordinances <br />indicate that the badges are issued by the business, but the City has produced the badges for all <br />commercial cannabis businesses. The amendment would reinforce that the badges are produced <br />and issued by City of Santa Ana. The amendment would also allow an individual who has <br />previously had a background check performed through the Live Scan process to work at an <br />additional commercial cannabis business without having to order a new Live Scan. The <br />amendment would streamline staff procedures and reduce staff time required to produce badges, <br />and would create flexibility within the cannabis industry to hire individuals who have already been <br />background checked. <br />Non -Volatile and Volatile Manufacturing Requirements <br />Immediately following the passage of Proposition 64, the State created two commercial cannabis <br />manufacturing categories: non-volatile (Type 6 license) and volatile (Type 7 license). Since the <br />two categories were established, the list of chemicals considered "volatile" has been reduced as <br />changes to Fire and Building safety policies have been adopted across local jurisdictions, <br />including the Orange County Fire Authority (OCFA). Existing Fire and Building safety policies for <br />other industrial activities of a similar nature that are already allowed in the industrial zoning <br />districts will be applied to non-volatile and volatile cannabis manufacturing activities. <br />Eliminating the non-volatile and volatile manufacturing distinctions in Santa Ana's local ordinance <br />will also help the City retain its competitive edge by aligning the ordinance with State <br />requirements, and will ensure that all commercial cannabis manufacturing businesses comply <br />with up-to-date Building Code and OCFA policies, as updated and adopted from time to time. <br />Administration and Implementation Amendments <br />Various updates to the City's commercial cannabis ordinances in Chapters 18 and 40 of the <br />SAMC are required to keep pace with changes to State law, create internal consistency, and <br />ensure that Santa Ana maintain its competitive position in the statewide commercial cannabis <br />industry. These amendments will: <br />75A-8 <br />
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