Read some of the “best” parts yourself. It’s fairly obvious the “Medical Marijuana Taskforce” has picked San Jose as it’s new front of the war against Medical Marijuana!

Please join the SJCBC LLC (San Jose Cannabis Buyers Collective), Pharmers Health Center Cooperative, Silicon Vally ASA and Union Local 13 in our protest to protect all medical cannabis in San Jose.

More info | Join the Facebook event

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Land Use Urgency Ordinance

http://www.sanjoseca.gov/clerk/Agenda/20100622/20100622_0310bord.pdf

SECTION 1.

1.13.050 – Public nuisance defined…

SECTION 4.

20.80.775 – Maximum Number

No more than a maximum of ten (10) Medical Marijuana Collectives shall be allowed to operate in the City.

20.80.780 – Restrictions and Conditions

The location and operation of Medical Marijuana Collectives shall be subject to and shall comply with all of the following restrictions and conditions set forth in this Section, in addition to those restrictions and conditions that may be imposed on a Medical Marijuana Collective under or pursuant to other provisions of the San José Municipal Code or other applicable state or local laws, regulations or policies. Anyone operating, or allowing or suffering the operation of, a Medical Marijuana Collective shall comply with, or shall cause the compliance with, all of the following restrictions and conditions set forth in this Section, in addition to those restrictions and conditions that may be imposed on a Medical Marijuana Collective under or pursuant to other provisions of the San José Municipal Code or other applicable state or local laws, regulations or policies, at all times at the Medical Marijuana Collective:

1. At the time of issuance of a zoning code compliance certificate, no Medical Marijuana Collective shall be located on a parcel of real property that is closer than a minimum of five hundred (500) feet from any parcel on which any of the following uses exist: a residential use, school, child day care center, church that includes a school or child day care use, community or recreation center, park, trail, library, substance abuse rehabilitation center or another Medical Marijuana Collective, and distances under this subsection shall be measured from boundary lines of the parcels that are closest to one another; and
2. All activities conducted at a Medical Marijuana Collective shall at all times fully comport with the provisions of California Health & Safety Code Sections 11362.5, et. seq. through Section 11362.83, as amended from time to time; and
3. No retail sales of any products shall occur or be allowed at the Medical Marijuana Collective; and
4. The hours within which a Medical Marijuana Collective may choose to operate shall be within the hours of 9:00 a.m. and 8:00 p.m.
5. Cultivation of Medical Marijuana on the site of a Medical Marijuana Collective is allowed as a part of the Medical Marijuana Collective use. …………

SECTION 7.

This Ordinance is declared by the City Council to be an urgency measure necessary for the immediate preservation of the public peace, health or safety. The facts constituting such urgency are:

1. there is an urgent need to establish regulations pertaining the types and numbers of Medical Marijuana Collectives that may operate in the City in order to facilitate the ability of the City to address currently, illegally-operating facilities that are dispensing marijuana for allegedly medical purposes without any authority or approval from the City;
2. there exists an essential need to enact land use regulations pertaining to the appropriate siting of Medical Marijuana Collectives in order to address land use incompatibility issues that have arisen in connection with the currently, illegally-operating facilities, and
3. there is an immediate need to remove any confusion or ambiguity that exists about what sort of Medical Marijuana Collective may operate in the City, and where, in order to retard the proliferation of illegally-operating facilities in the City that are dispensing marijuana for allegedly medical purposes.

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Title 6 Urgency Ordinance

http://www.sanjoseca.gov/clerk/Agenda/20100622/20100622_0310aurgord.pdf

6.88.250 – Overhead Expenses

“Overhead expenses” means the actual costs of cultivating medical marijuana incurred by the collective including mortgage payments, rent, utilities, business and property taxes, property insurance, and cultivation materials and equipment. Overhead expenses does not include or mean salaries, wages or benefits paid to members by the collective. –

6.88.280 – Private Medical Record

“Private medical record” means documentation of the medical history of a qualified patient. “Private medical record” shall not include the recommendation of an attending physician or doctor for the medical use of marijuana, an identification card, or the designation of a primary caregiver by a qualified patient –

6.88.325 – Eligibility to Participate in Lottery

A collective may not participate in the lottery if the collective has either failed to submit or confirm the information required by Section 6.88.320 above, or if one or more of its owners or members engaged in the management of the collective are on parole or probation for the possession, sale, distribution or transportation of a controlled substance, were convicted of a crime of moral turpitude, or were convicted of any of the following: A misdemeanor or felony within the last ten (10) years that involves the following:

1. The use of violence, force, fear, fraud or deception;
2. The unlawful possession, sale, distribution or transportation of a controlled substance; or
3. The use of money to engage in criminal activity.

6.88.330 – ,Registration Process

1. Registration Review.
   1. Each collective shall file a registration form with the Chief of Police. The registration form shall require and the collective shall provide to the Chief of Police the following accurate and truthful information
      1. The legal name under which the collective will be operating;
      2. The physical address and physical description (e.g., one story commercial building, etc.) of the premises;
      3. The onsite telephone number for the collective;
      4. Proof that the location and the premises are in compliance with the requirements of Title 20 of the Code, including but not limited to Part 9.5 of Chapter 20.80 and Part 13 of Chapter 20.100;
      5. The name, telephone number, and address of the person authorized to accept service of process for the collective;
      6. The following information concerning each member who is an owner or manager of the collective:
         1. Complete legal name, and any alias(es);
         2. Date of birth;
         3. Current residential address (post office boxes will not be deemed to satisfy this requirement);
         4. A copy of a valid government issued photo identification card or license;
         5. A copy of the member’s identification card or a copy of the physician’s recommendation for the member;
         6. The name, address and telephone number of the attending physician who provided the member with a physician’s recommendation (post office boxes are not deemed to satisfy this requirement);
         7. If the member is a primary caregiver, a copy of the written documentation provided by each qualified patient member designating the member as their primary caregiver.
         8. Telephone number(s) where the owner or manager can be reached 24 hours a day;
         9. A list of all criminal convictions, other than infraction traffic violations, the jurisdiction of the, conviction(s) and, the circumstances thereof;
         10. One set of fingerprints in a form acceptable to the Chief of Police; and
         11. A detailed explanation of the member’s involvement with any other collective including, but not limited to: the name and address of the collective; the capacity in which the member was involved with the collective; whether the collective is or was the subject of any criminal investigation or prosecution, civil investigation, administrative action or civil lawsuit whether the member or the collective with which the member is or was associated has ever been denied, or is in the process of being denied registration, a permit, a license or any other authorization required to operate a collective in any other city, county or state; and whether the member or the collective with which the member is or was associated has ever had a registration, license, permit or any other authorization required to operate a collective in any other city, county or state suspended or revoked, and the reasons therefor;
      7. ….
      8. ….
      9. Identifying information for all savings accounts, checking accounts, investment accounts and trusts associated with the operation of the collective;
      10. Authorization for the Chief of Police to: (1) Seek other information that the Chief of Police deems necessary for a complete review of the registration form; and (2) Conduct an investigation into the truthfulness of the statements set forth in the registration form, including, but not limited to, a criminal history investigation with the California Department of Justice and any other law enforcement agencies;
      11. Written consent by each owner and manager member of the collective to provide the Chief of Police with the information and authorization described in this Section and written consent by each member of the collective for the inspection and copying of records as specified in Subsection 6.88.330B;
      12. …..
      13. …. and
      14. Any other information reasonably required by the Chief of Police to show that the collective complies with the provisions of this Chapter.
2. Consent For Inspection of Records and Location.
   1. Required Consent for Inspection and Copying of Record
      1. As part of the registration process the collective shall provide written consent for the inspection and copying by the Chief of Police, and any other City official charged with enforcing the provisions of this Code, of any recordings and records required to be maintained under this Chapter without requirement for a search warrant, subpoena or court order.
      2. The collective shall be subject to the inspection and copying set forth in Subsection 6.88.330B1(a) at any time and without notice during the collective’s hours of operation and at any other time upon reasonable notice.
      3. Nothing in this Chapter requires the disclosure of any member’s private medical record.
   2. Required Consent for Inspection of Location and Premises
      1. As part of the registration process the collective shall provide written consent for the inspection of the location and the premises by the Chief of Police, and any other City official charged with enforcing the provisions of this Code, without requirement for a search warrant or court order.
      2. The collective location and premises shall each be subject to the inspection set forth in Subsection 6.88.330B2(a) at any time and without notice during hours of operation and at any other time upon reasonable notice.

6.88.390 – Effect of Approved Registration – No Vested Right

A registration deemed complete by the Chief of Police is merely an acknowledgement of the collective’s compliance with the registration requirements of this Code. An approved registration does not grant the collective any right to operate in the City of San Jose. Any collective submitting a registration form should have no expectation that a registration will ultimately be deemed complete, nor that once so deemed, will continue.

6.88.420 – Security

1. The premises or location shall be equipped with, and at all times be monitored by, a web-based closed-circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a cdme anywhere on or adjacent to the premises or location. The system shall be fully functional prior to processing or cultivating medical marijuana at the premises or location. The recordings of the monitoring shall be maintained for a period of not less than ninety (90) days and shall be made available and accessible to the Police Department and any other City official charged with enforcing the provisions of this Code immediately upon request for review and copying, without the need for a search warrant, subpoena or court order. The collective shall also provide the Police Department with the URL address of any on-site web-based video surveillance to monitor remotely at any time without a warrant, subpoena or court order.
2. B…. C…. D…. E…. F…. G…. H….

1. The Chief of Police is hereby authorized to impose additional standards for internal and external security and increase the number of security personnel required to be on duty at any time if he or she deems the additional standards for internal and external security and/or the increase in security personnel required to be on duty to be necessary to protect the public health, safety and welfare; and the collective shall comply with such requirements. The Chief of Police is hereby authorized to impose additional standards for internal and external security and increase the number of security personnel required to be on duty at any time if he or she deems the additional standards for internal and external security and/or the increase in security personnel required to be on duty to be necessary to protect the public health, safety and welfare; and the collective shall comply with such requirements.

6.88.430 – Cultivation of Medical Marijuana

1. No cultivation of medical marijuana at the location shall be visible with the naked eye from any public or other private property, nor shall cultivated or dried medical marijuana be visible from the exterior of any building used by the collective.
2. All areas devoted to the cultivation of medical marijuana shall be secured from public access by means of a locked gate and any other security measures necessary to prevent unauthorized entry.
3. No manufacture of concentrated cannabis in violation of California Health and Safety Code section 11379.6 is allowed.
4. No collective shall possess more dried medical marijuana or plants per member other than the amounts permitted pursuant to State law.
5. No collective shall possess or provide medical marijuana other than the medical marijuana that was cultivated by the collective at the collective’s location and in strict accordance with State Law and this Chapter.
6. If medical marijuana is grown out of doors at the location, the area where the growing occurs must be immediately adjacent to the premises and proper security measures must be in place to prevent non-members from accessing the medical marijuana growing outdoor

6.88.440 – Collective Operations

1. No collective shall be open between the hours of 8:00 p.m. and 9:00 a.m. on any given day.
2. No collective shall operate for profit.
3. No sale of any products, including medical marijuana and products containing medical marijuana, shall be allowed; nor shall the manufacture of medical marijuana products for sale be permitted.
4. In-kind contributions, .monetary contributions and property contributions provided by members towards the collective’s overhead expenses shall be in strict compliance with State law. All contributions (whether in-kind, monetary or property) shall be fully documented, in writing, at the time of their receipt by the collective and in accordance with Part 5 of this Chapter.
5. On the fifteenth day of each month, the collective shall provide a detailed accounting of overhead expenses to its membership. Contributions for overhead expenses shall be made through direct billing or through in-kind contribution. Monetary contributions shall be made by personal check, cashier’s check or credit card. All accountings, billings, and contributions (whether in-kind, .monetary or property) shall be fully documented, in writing and in accordance with Part 5 of this Chapter, and shall be submitted to the Chief of Police on a quarterly basis.
6. F… G…. H…. I…. J….

1. Each collective shall operate and maintain an onsite 24-hour telephone number at the location for receiving complaints and other inquiries regarding the collective. A member engaged in the management of the collective shall be responsible for receiving, logging, and responding to these complaints and other inquires. The log shall be maintained in the records of the collective and in accordance with Part 5 of this Chapter
2. At no time shall any collective or any of its members have any of the following items at the location:
   1. Any controlled substances;
   2. Any paraphernalia used for the ingestion of any type of controlled substance; or
   3. Alcoholic beverages.
3. A sign shall be posted in a conspicuous location inside the premises advising:-”Both the sale of marijuana and the diversion of marijuana for non-medical purposes are violations of State law. The use of marijuana may impair a person’s ability to operate a motor vehicle or heavy machinery. Loitering at the location of a medical marijuana collective for an illegal purpose is prohibited by California Penal Code Section 647(h). This collective is registered in accordance with the laws of the City of San Jose

6.88.460 – Packaging of Medical Marijuana

1. No medical marijuana shall be provided by the collective or any of its members to any other collective member more than once per day.
2. All medical marijuana shall be packaged in a childproof container that clearly states the following:
   1. The complete legal name of the qualified patient who will be using the medical marijuana;
   2. If the person obtaining the medical marijuana is a primary caregiver obtaining medical marijuana on behalf of a qualified, the complete legal name of the primary caregiver and the name of the qualified patient for whom he or she serves as a primary caregiver;
   3. The name, address and onsite telephone number of the collective;
   4. The amount of medical marijuana in the container;
   5. The name of the attending physician recommending the use of medical marijuana for the qualified patient;
   6. The date the medical marijuana was provided;
   7. What chemicals and or substances were used during the processing of the medical marijuana;
   8. All necessary health and safety warnings, including, but not limited to direction that the medical marijuana be stored in a clean and dry place and out of the reach of children; and
   9. A statement that the City of San Jose neither warrants nor guarantees the safety of the medical marijuana contained therein.

6.88.700 – Inspection And Enforcement

1. The Chief of Police and any other City official charged with enforcing the provisions of this Code may enter and inspect the location of any collective and the recordings and records maintained pursuant to this Chapter in accordance with Subsection 6.88.330B.
2. It is unlawful for any owner, landlord, lessee, member (including but not limited to a member engaged in the management of the collective), or any other person having any responsibility over the operation of the collective to refuse to allow, impede, obstruct or interfere with an inspection, review or copying of records and closed-circuit monitoring authorized and required under this Chapter, including but not limited to, the concealment, destruction, and falsification of any recordings, records, or monitoring.
3. The Chief of Police and any other City official charged with enforcing the provisions of this Chapter may enter the location at any time during the hours of operation and without notice to obtain samples of the medical marijuana to test for law enforcement and/or public safety purposes. At all other times, the Chief of Police and any other City official charged with enforcing the provisions of this …

6.88.820 – Violation And Enforcement

1. Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code. Additionally, as a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, the collective’s registration being deemed null and void, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under State and local laws for any violations committed by the collective and persons related to, or associated with, the collective.

6.88.830 – Release Of Liability And Hold Harmless

The collective and its members shall release the City of San Jose, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution of the collective or its members for violation of State or federal laws and from any and all legal liability related to or arising from the application for registration, the issuance of an approved registration, or the enforcement of the provisions of this Chapter, in a form satisfactory to the City’s Risk Manager. In addition the collective and its members shall indemnify and hold harmless the City of San Jos~ and its agents, officers, elected officials, and employees for any claims, damages, or liabilities arising from claims filed by third parties due to the operations at the location or premises or arising from claims filed by the collective’s members arising out of the possession, cultivation or dispensing and/or on- or off-site use of medical marijuana provided at the location or premises, in a form satisfactory to the City’s Risk Manager. …

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“Supplemental – Memo from the Office of the City Manager and the Police Chief”

http://www.sanjoseca.gov/clerk/Agenda/20100622/20100622_0310sup.pdf

Administrative Citation Schedule of Fines

The Administration’s June 15, 2010 Memorandum, titled, Medical Marijuana, includes the following standard amendment language for the Administrative Citation Schedule of Fines for violations related to the draft medical marijuana ordinance (Chapter 6.88, Medical Marijuana). Attachment F, which was released separately by the City Attorney’s Office and can be found on the City Clerk’s website, is the proposed resolution to amend the Administrative Citation Schedule of Fines so that violations to the Medical Marijuana Ordinance can be imposed. The proposed fine amounts are aimed to ensure compliance and serve as a deterrent for potential offenses pertaining to:

• Failure to Register;
• Operation and Regulatory Conditions;
• Collective Operations;
• Collectives Operating For Profit, Engaging in Sales and Attempting to Illegally Transfer Registration; and,
• Personal Use Requirements and Regulations.

The Police Department recommends the fine for the first violation for the failure to register be set at $100,000, slightly above the $95,016 Registration Fee, to deter operators from engaging in illegal and/or unauthorized operations of cannabis distribution activities in the City of San Jose. The proposed fines also have escalators built in that progressively increase the fines for subsequent violations of the Medical Marijuana Ordinance. For example, the fine for a second violation, within a 12 month period from the date of the previous violation, is 1 ½ times higher than the fine for first violation ($150,000); and, third and subsequent violations are double the amount of the first violation ($200,000). It is staff’s opinion that setting the fine amount above the nature and cost of registering as a Medical Marijuana Collectives reduces the likelihood of cannabis operations opting to pay the fines for the sake of operating and as a “cost of business,” instead of complying with the City’s Ordinance. The Administrative Citation Schedule of Fines for violations of operations or regulatory conditions are generally consistent with Title 6, Business Licenses and Regulations, fines for non-compliance. Lastly, fines for violations of personal use requirements and regulations have been developed sufficiently low to ensure relative consistency with the spirit of the Compassionate Use Act, but to deter the operation of “grow houses” in the City.

Proposed Schedule of Fines for Medical Marijuana Ordinance

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Section(s):

6.88.300 (A,B) — Medical Marijuana Registration Process

Fines:

1. First Violation……………………………………… $100,000
2. Second Violation………………………………… $150,000 (within 12 month period)
3. Third and Subsequent Violations……… $200,000 (within 12 month period)

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Section(s):

6.88.360 – (A-D) Medical Marijuana Updated Registration Form Required
6.88.400C — Medical Marijuana Operating Regulations and Conditions
6.88.410 – Medical Marijuana – Compliance with the Code
6.88.420 – Medical Marijuana – Security
6.88.430 – Cultivation of Medical Marijuana
6.88.440 – (A, D-M): Medical Marijuana Collective Operations

Fines:

1. First Violation …………………………………… $5,000
2. Second Violation ……………………………… $7,500 (within 12 month period)
3. Third and Subsequent Violations …… $10,000 (within 12 month period)

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Section(s):

6.88.440 – (B, C): Medical Marijuana Collective Operations

Fines:

1. First Violation …………………………………… $10,000
2. Second Violation ……………………………… $25,000 (within 12 month period)
3. Third and Subsequent Violations …… $50,000 (within 12 month period)

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Section(s):

6.88.450 – Medical Marijuana Owner, Manager and Membership Requirements
6.88.460 – Medical Marijuana Packaging of Medica Marijuana
6.88.470 – Medical Marijuana – Public Safety and Safety of Location
6.88.500 – Medical Marijuana – Maintenance of Record
6.88.600 – Medical Marijuana – Audits
6.88.700B – Medical Marijuana – Inspection and Enforcement
6.88.810 – (A-C) Medical Marijuana – Compliance with Chapter and State Law

Fines:

1. First Violation …………………………………… $5,000
2. Second Violation ……………………………… $7,500 (within 12 month period)
3. Third and Subsequent Violations …… $10,000 (within 12 month period)

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Section(s):

6.88.840 – Medical Marijuan Registration Nontransferable
6.88.850 – Medical Marijuana – Cease Operations afte Sunset of Chapter

Fines:

1. First Violation …………………………………… $10,000
2. Second Violation ……………………………… $25,000 (within 12 month period)
3. Third and Subsequent Violations …… $50,000 (within 12 month period)

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Section(s):

6.88.900 – Medical Marijuana Personal Use Requirements and Regulations

Fines:

1. First Violation …………………………………… $2,500
2. Second Violation ……………………………… $5,000 (within 12 month period)
3. Third and Subsequent Violations …… $7,500 (within 12 month period)