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Item 25 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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Item 25 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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Agenda Packet
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Clerk of the Council
Item #
25
Date
9/20/2022
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Ordinance No. NS-XXX <br />Page 46 of 66 <br /> <br /> <br />(c) The full name, address, and telephone number(s) of all patient members to whom the <br />collective provides medical marijuana, a copy of a government-issued identification <br />card for all patient members; <br />(d) The full name, address, and telephone number(s) of all primary caregiver members to <br />whom the collective provides medical; <br />(e) All receipts of the collective, including but not limited to all contributions, <br />reimbursements, and reasonable compensation, whether in cash or in kind, and all <br />expenditures incurred by the collective for the cultivation of medical marijuana; and <br />(f) Proof of compliance with the California Attorney General Guidelines for the Security <br />and Non-Diversion of Marijuana Grown for Medical Use. <br />These records shall be maintained by the collective for a period of five (5) years and shall <br />be made available by the collective to the police department and/or community <br />preservation division upon request. If they are not produced as requested the city may <br />seek a search warrant, subpoena, or court order. In addition to all other formats that the <br />collective may maintain, these records shall be stored by the collective at the location in <br />a printed format in its fireproof safe. Any loss, damage or destruction of the records shall <br />be reported to the police department within twenty-four (24) hours of the loss, destruction <br />or damage. <br />Sec. 40-106. Audits – Cooperatives/Collectives. <br />Annual audits. No later than September 30 of every year, each licensed medical <br />marijuana collective shall be liable to file with the city an independent audit or financial <br />review of its operations of the previous calendar year. Provided, however, that licensed <br />collectives which operate on a vertically or horizontally integrated basis as established in <br />Chapter 21, Article XII of this Code, or that are co-located on shared premises may file a <br />consolidated audit or independent financial review. The form and contents of the <br />document shall be specified by the executive director of finance and management <br />services, or his/her designee(s). The Executive Director of Finance and Management <br />Services, or his or her designee(s) may waive this requirement for certain licensed <br />collectives in accordance with guidelines established by the Finance and Management <br />Services Agency. <br />Sec. 40-107. Applicability to existing medical marijuana operations. <br />Any existing medical marijuana collective, dispensary, operator, establishment, or <br />provider that does not comply with the requirements of this article must immediately cease <br />operation until such time, if any, when it complies fully with the requirements of this article. <br />No medical marijuana collective, dispensary, operator, establishment, or provider that <br />existed prior to the enactment of this article shall be deemed to be a legally established <br />use under the provisions of this article, and such medical marijuana collective,
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