Laserfiche WebLink
or revenue sharing, to investigate, cite, arrest, prosecute or seize property based on <br />offenses which would be legal under California medical cannabis laws. <br />The restrictions regarding enforcement efforts (18-610 (a)(5)(c) & (d)) impose an <br />operational restraint on the Santa Ana Police Department that will prohibit the <br />investigation of medical marijuana dispensaries which are not operating in conformance <br />with California law. Until an investigation is complete, the operation cannot be <br />confirmed to be a legal cooperative or collective instead of an illegal dispensary. When <br />the Santa Ana Police Department receives a request for assistance from a Federal <br />agency, the officer does not know whether the business will eventually be found to be <br />operating within the Compassionate Use Act. At a minimum, an officer's refusal to <br />provide assistance not only puts the City at odds with the Federal agency, it also <br />jeopardizes the safety of the federal personnel who will be required to investigate <br />without the assistance a uniformed presence. If the operation eventually uncovers an <br />illegal marijuana distribution, the City's refusal to cooperate would also be a violation of <br />the Controlled Substances Act. <br />Section 18-610 (a) 6 (e): prohibits the City from requiring a collective or cooperative to <br />obtain any special use or conditional use permit. Establishes a purely ministerial <br />process which severely inhibits police and code enforcement staff from incorporating <br />additional mitigation measures which would be designed to address known public safety <br />and public nuisance problems. <br />Section 18-615 (5): requires a "plan" for security with no set minimum standards or <br />description of what the plan is intended to mitigate. The initiative does not allow for <br />police department oversight in order to mitigate known public safety and public nuisance <br />problems or issues. <br />Section 18-615 (6) (E): requires a list of any felony convictions for any crimes of <br />violence, larceny, or fraud which shall be grounds for disqualification as shall failure to <br />disclose. Since the ordinance is administered by the Planning and Building Agency, no <br />process is outlined as how to verify the information provided by the applicant which is <br />normally a law enforcement function. Typically this is handled through a live scan <br />process3; however, the planning and building department is not equipped with Live <br />Scan and the initiative is silent in this regard. <br />Section 18-618 Operating Standards: States in part that "[v]iolation of any of the <br />following standards that rises to the level of a persistent public nuisance in fact that <br />cannot be abated through feasible conditions of operation shall be grounds for <br />abatement...". The initiative provides no guidelines or standards to define either <br />s Live Scan is an automated inkless fingerprinting process. Fingerprints are electronically transmitted to <br />the California Department of Justice (DOJ) for processing. The DOJ conducts a search of their statewide <br />criminal database for convictions. If a Federal Bureau of Investigations (FBI) clearance is required, the <br />prints are sent through the FBI's nationwide criminal database as well. Once the fingerprints have been <br />processed, a report from the DOJ is mailed to the requesting agency. When and how the requesting <br />agency receives the report is dependent upon how quickly the DOJ is able to process the fingerprints. <br />17 <br />65A-23