65A - RPT - REGARDING MEDICAL MARIJUANA INITIATIVE

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"feasible conditions of operation" or who establishes and enforces those conditions. The failure to address foreseen and potentially preventable issues has the potential to increase Police Department and Code Enforcement activity that, given existing resources, could impact services available to the rest of the community. Section 18-618(a): Collectives and cooperatives shall meet all operating standards pursuant to the 2008 Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use (AG Guidelines). The AG Guidelines state in part: Security. Collectives and cooperatives should provide adequate security to ensure that patients are safe and that the surrounding homes or businesses are not negatively impacted by nuisance activity such as loitering or crime. Further, to maintain security, prevent fraud, and deter robberies, collectives and cooperatives should keep accurate records and follow accepted cash handling practices, including regular bank runs and cash drops, and maintain a general ledger of cash transactions. The initiative's reliance on the AG Guidelines does not address security and non- diversion concerns insofar as the AG Guidelines contains vague terminology such as "adequate" and "should". The AG Guidelines do not mandate or provide any basic standards to follow. The initiative's reliance on the AG Guidelines would allow the collectives to decide, without input from local law enforcement, what is adequate security. Section 18-618 (e): Addresses smoking, ingesting or consuming of medical cannabis within 50 feet of a collective on public property. This section of the initiative does not address the majority of attractive nuisance complaints that the Police Department and Code Enforcement receive regarding smoking, ingesting or consuming on private property within 50 feet of a collective. The failure to address foreseen and potentially preventable issues such as this has the continuing potential to increase Police Department and Code Enforcement staff enforcement activity due to calls for service for nuisance complaints in multi-use commercial centers. Section 18-618 (h): "The collective or cooperative shall provide and maintain adequate security on the premises, including lighting and alarms reasonably designed". This section of the initiative does not provide guidance or standards by which to measure compliance. The provision of the initiative does not establish criteria that should be standardized for the collectives to establish mitigation measures for foreseen and potentially preventable issues. The terms "adequate and reasonable" are ambiguous and open to a wide variety of interpretations. Police Enforcement & Community Preservation Conclusion The initiative as submitted would not provide an adequate enforcement structure through which known and potentially preventable public safety and public nuisance problems could be adequately addressed. To the extent that the initiative places some 18 65A-24