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Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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Item 35 - 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 #
35
Date
5/3/2022
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Ordinance No. NS-XXX <br />Page 42 of 73 <br /> <br /> <br />Use of Cannabis Regulation and Safety Act, and any subsequent State of <br />California legislation regarding the same. <br />(v) "Testing Facility" or "Testing Laboratory" defined in the Business and Professions <br />Code § 26001, as amended from time to time, means a laboratory, facility, or entity <br />in the State that offers or performs tests of cannabis or cannabis products and that <br />is both of the following: <br />(1) Accredited by an accrediting body that is independent from all other persons <br />involved in commercial cannabis activity in the State; and, <br />(2) Licensed by the Bureau of Cannabis Control. <br />Sec. 40-102. Scope of article. <br />The operating standards established in this article apply to any site, facility, location, use, <br />cooperative or business currently operating in the City of Santa Ana, or which commences <br />operations after the effective date of this article, that distributes, dispenses, stores, sells, <br />exchanges, processes, delivers, or gives away, medical marijuana to qualified patients, <br />health care providers, patients' primary caregivers, or physicians, pursuant to Health & <br />Safety Code § 11362.5 (adopted as Proposition 215, the "Compassionate Use Act of <br />1996") or any state regulations adopted in furtherance thereof. Any collective in the City <br />of Santa Ana shall operate in conformance with the operating standards set forth in <br />section 18-613 40-103 of this Code to assure that the operations of the collective are in <br />compliance with California law and to mitigate the adverse secondary effects from <br />operations of dispensaries. <br />Sec. 40-103. Operating Standards. <br />(a) At all times the collective is open, a collective shall provide at least one (1) security <br />guard who is licensed as a security/private patrol service, possesses a valid <br />department of consumer affairs "security guard card", and has a valid Santa Ana <br />Business License. In the event that the security guard is employed by an outside <br />security guard company; such security guard company shall maintain a valid Santa <br />Ana Business License as a security/private patrol service. <br />(b) The security guard and collective personnel shall monitor the site and the immediate <br />vicinity of the site to assure that patrons immediately leave the site and not consume <br />medical marijuana in the vicinity of the collective or on the property or in the parking <br />lot., except as permitted by Section 40-8 (10) of the Santa Ana Municipal Code. <br />(c) Exterior signage shall comply with Article XI of Chapter 41. Interior signage or <br />advertising may not be visible from the exterior. Collectives and dispensaries must <br />comply with the advertising and marketing provisions of Business and Professions <br />Code §§ 26150—26155. <br />(d) No recommendations from a doctor for medical marijuana shall be issued on-site. <br />Exhibit 1
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