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Ordinance No. NS-XXX
<br />Page 52 of 73
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<br />and copying of private medical records shall be made available to the police department
<br />only pursuant to a properly executed search warrant, subpoena, or court order. It is
<br />unlawful for any owner, responsible person, landlord, lessee, member (including but not
<br />limited to a member engaged in the management), or any other person having any
<br />responsibility over the operation of the collective to refuse to allow, impede, obstruct or
<br />interfere with an inspection, review or copying of records and closed-circuit monitoring
<br />authorized and required under this article, including but not limited to, the concealment,
<br />destruction, and falsification of any recordings, records, or monitoring.
<br />Sec. 40-109. 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,
<br />dispensary, operator, establishment, or provider shall not be entitled to claim legal
<br />nonconforming status.
<br />Sec. 40-110. Compliance with this article and state law.
<br />(a) It is unlawful for any person to:
<br />i. Cause, permit or engage in the giving away of marijuana, or
<br />ii. Own, establish, operate, use or permit the establishment or operation of a medical
<br />marijuana collective or cooperative, or to participate as an employee, contractor,
<br />agent, responsible person or volunteer of a collective or cooperative, except as
<br />provided in this article, and pursuant to any and all other applicable local and state
<br />laws.
<br />iii. The prohibition in subsection (ii) above includes, renting, leasing, or otherwise
<br />permitting a medical marijuana business to occupy or use a location, vehicle, or
<br />other mode of transportation.
<br />(b) It is unlawful for any person to cause, permit or engage in any activity related to
<br />medical marijuana except as provided in Health and Safety Code § 11362.5 et seq.,
<br />and pursuant to any and all other applicable local and state laws.
<br />(c) It is unlawful for any person to knowingly make any false, misleading or inaccurate
<br />statements or representations in any forms, records, filings or documentation required
<br />to be maintained, filed or provided to the City under this article, or to any other local,
<br />state or federal government agency having jurisdiction over any of the activities of
<br />collectives.
<br />Exhibit 1
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