MEETING OF THE CANNABIS COMMISSION City Hall Thursday, November 16, 2017 2180 Milvia Street 2:00 PM Redwood Room (Sixth Floor) AGENDA I. Call to Order A. Roll Call and Ex Parte Communication Disclosures B. Changes to Order of Agenda II. Public Comment III. Approval of Minutes A. October 5, 2017 Draft Action Minutes (Attachment) IV. Planning Staff Report V. Chairperson’s Report VI. Subcommittee Report VII. Discussion and Action Items A. Discuss and identify topics that could be included in new cannabis ordinance. Three attachments: 1. List of topics to consider 2. Existing cannabis regulations 3. Delivery-only dispensary regulations recommended by the Cannabis Commission B. Adopt calendar for 2018 CC meetings. One attachment: 1. Draft 2018 calendar C. Discuss and possibly vote on a cultivation licensing and selection process. One attachment: 1. Overview of Berkeley’s cultivation licensing and selection memos from Charley Pappas 2. Overview of nurseries memos and regulations from other jurisdictions from Charley Pappas D. Ideas for the next meeting. VIII. Information Items (In compliance with the Brown Act, no action may be taken on these items; however, they may be discussed and placed on a subsequent agenda for action): A. Late item for Council Worksession, 10-10-17 B. Planning Commission Open House flyer C. Responses to 7-13-17 Commission questions related to Council cultivation referral 1 of 108
Transcript
MEETING OF THE
CANNABIS COMMISSION
City Hall Thursday, November 16, 2017 2180 Milvia Street 2:00 PM Redwood Room (Sixth Floor)
AGENDA
I. Call to OrderA. Roll Call and Ex Parte Communication DisclosuresB. Changes to Order of Agenda
II. Public Comment
III. Approval of MinutesA. October 5, 2017 Draft Action Minutes (Attachment)
IV. Planning Staff Report
V. Chairperson’s Report
VI. Subcommittee Report
VII. Discussion and Action ItemsA. Discuss and identify topics that could be included in new cannabis ordinance. Three
attachments:1. List of topics to consider2. Existing cannabis regulations3. Delivery-only dispensary regulations recommended by the Cannabis Commission
B. Adopt calendar for 2018 CC meetings. One attachment:1. Draft 2018 calendar
C. Discuss and possibly vote on a cultivation licensing and selection process. Oneattachment:1. Overview of Berkeley’s cultivation licensing and selection memos from Charley
Pappas2. Overview of nurseries memos and regulations from other jurisdictions from Charley
PappasD. Ideas for the next meeting.
VIII. Information Items (In compliance with the Brown Act, no action may be taken on theseitems; however, they may be discussed and placed on a subsequent agenda for action):A. Late item for Council Worksession, 10-10-17B. Planning Commission Open House flyerC. Responses to 7-13-17 Commission questions related to Council cultivation referral
IX. Correspondence A. Daniel Kosmal - Granting temporary adult use licenses for existing manufacturing businesses B. Charley Pappas - e-mail to Councilmember Worthington C. Charley Pappas - Commission recommendations for Council, 11-4-17 D. Charley Pappas – correspondence to Council_11-1-17
X. Late Communications A. Charley Pappas – November Social Events B. CDFA Cultivation – Application training session dates C. 23C.16.060 Zoning Ordinance Language D. Charley Pappas – Local Adult use Permitting E. Charley Pappas – Medical Cannabis Cultivation Licensing & Selection F. Charley Pappas – Delivery-Only Dispensing – Ordinance/Licensing & Selection G. Charley Pappas – Nursery Ordinance – Licensing & Selection H. Rick Kelley Solidarity Nursery Cooperative as Existing Nursery I. BCC to release Cannabis Regulations J. BCC to release Medical & Adult Use Cannabis Regulations Email K. Draft Council Item from Kriss Worthington
XI. Adjournment Berkeley Cannabis Commission website: http://www.cityofberkeley.info/medicalcannabis/ Cannabis Commission Secretary: Elizabeth Greene, 1947 Center Street, 2nd Floor, Berkeley CA 94704 Phone: 510-981-7484, Email: [email protected]
Communications to Berkeley boards, commissions, or committees are public records, and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission, or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, do not include that information in your communication – you may deliver communications via U.S. Postal Service, or in person, to the Commission Secretary. Please contact the Commission Secretary for further information. Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be made available for public inspection at the Department of Planning and Development, Zoning Counter, at the Permit Service Center, 1947 Center Street, 3rd Floor, Berkeley, and at the Reference Desk, of the Main Library, 2090 Kittredge Street, Berkeley, California, during regular business hours. Please contact the Commission Secretary for further information.
This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6418 (V) or 981-6347 (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting.
Absent: Jones (excused), Carlisle (unexcused), Cable (unexcused).
Staff Present: Secretary Elizabeth Greene, Sydney Stephenson, Mark Sproat.
Ex Parte Communications: None.
B. Changes to Order of Agenda
Approval of Minutes moved to end of meeting.
II. Public Comment
No Public Comment.
III. Approval of September 14, 2017 Minutes and June 1, 2017 Minutes
Motion/second to approve the June 1, 2017 minutes (Rice/Lampach). The motion carried 5-0-1-3. (Ayes: Pappas, Ferguson-Riffe, Brewster, Cooper, Rice. Noes: None. Abstain: Lampach. Absent: Carlisle, Cable, Jones.)
Motion/second to approve the September 14, 2017 minutes with Approved changed to Draft Minutes and amend Pappas’ comment about SF moratorium to “SF passed a 45-day moratorium on new MCD applications to update the licensing process”. (Lampach/Brewster). The motion carried 5-0-1-3. (Ayes: Pappas, Lampach, Brewster, Cooper, Rice. Noes: None. Abstain: Ferguson-Riffe. Absent: Carlisle, Cable, Jones.)
IV. Planning Staff Report
There are four late items for this meeting, 3 from Pappas and 1 is a Council
Action from Tuesday, October 3rd meeting.
The Council’s action from Tuesday added language to allow temporary
licenses to existing cannabis businesses.
Reminder of the Council Worksession on Tuesday, October 10.
V. Chairperson’s Report
Reminder of the Council Worksession on Tuesday, October 10.
Vice Chair Pappas heard news of a mobile dispensary on Telegraph Ave.
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Vice Chair Pappas reported that Dan Rush is being sentenced for 3 counts.
VI. Subcommittee Report
There was no subcommittee meeting.
VII. Discussion and Action Items
A. Discussion and vote on additional topics to be included in a supplemental Commission communication to Council for the October 10th work session. Public Comment: No public comments. The Cannabis Commission (CC) discussed the key topics that would be included in the supplemental material given to the Council at the Worksession. They discussed the allowance of for-profit cannabis businesses, equity language, and expansion of cultivation.
Public Comment: Two public comments. The comments mentioned that not having limits on number of permits and not postponing delivery-only regulations will be the most beneficial for the community. In addition, it is important to allow as much access to businesses but to not allow monopolies.
Motion/second to provide a late item for the Council Worksession with the following three topics: (Rice/Ferguson-Riffe) 1. For-profit should be permitted; 2. Expansion of cultivation beyond the M District is necessary; and 3. The Commission supports the development of policies that lead to equity or
diverse ownership for all cannabis license types. The motion carried 6-0-0-3. (Ayes: Pappas, Ferguson-Riffe, Lampach, Brewster, Cooper, Rice. Noes: None. Abstain: None. Absent: Carlisle, Cable, Jones.)
There was general agreement that Chair Lampach would write the late item and represent the Commission at the Worksession.
B. Discussion regarding nursery referral from Councilmember Worthington.
Public Comment. Two public comments. The comments mentioned that existing nurseries should be addressed first because they can provide clones and seeds for personal cultivation. In addition, clones should be allowed at dispensaries. Vice Chair Pappas made a motion to include in the late item for Council a fourth item to emphasize the need for nursery licenses. Motion not seconded; motion failed.
C. Update on State process.
Public Comment: No public comments. Staff presented the State updates on recreational regulations. Medicinal and Adult-use can be located on same property, and multiple license types can be located in the same building.
D. Staff responses to Commission questions from July 2017 meeting Public Comment: No public comments.
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Staff reported that they are developing a list of what youth centers would be included in Berkeley. Places that have actual youth clubs or organizations located at them would count as a youth center, e.g. recreational centers, YMCA, the skate park, etc. Daycare centers will also count, as long as they aren’t a family daycare (less than 14 children in a home). Under state law, nurseries are included as a cultivation license type. Staff also reminded the Commission that staff will be developing the adult-use and medicinal comprehensive regulations, which then will be reviewed and commented on by the Cannabis Commission and the Planning Commission. The goal is to get the regulations finished as quick as possible, thus there might only be a few commission meetings to review the regulations. The Commission asked if Staff could research how many parcels are greater than 15,000 square feet in the M District.
E. Discussion regarding incorporating equity into selection process
Public Comment: No public comments. This topic was already discussed during Item VII.A.
F. Ideas for next meeting. Public Comment: No public comments. The Commission suggested the following items for the next agenda: 1. Discussion of questions from July Commission meeting regarding Council’s
memo on cultivation, with responses from Councilmember Harrison’s office; 2. Information on those uses in the City, particularly the Harrison Homeless Center,
which might be considered a youth center by the State. 3. Discussion regarding Delivery-only dispensaries and cultivation regulations. 4. Discussion regarding the option of combining nurseries and cultivation uses.
X. Adjournment
Motion to adjourn at 3:56. Four late items were distributed at the meeting:
Commissioners in attendance: 6 of 9 Members of the public in attendance: Approximately 16 Public comments: 4 Length of meeting: 1 hour and 46 minutes APPROVED: _________________________________________ Elizabeth Greene Medical Cannabis Commission Secretary
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From: [email protected] on behalf of daniel ! <[email protected]>Sent: Wednesday, October 11, 2017 12:01 PMTo: Greene, ElizabethSubject: Temp Rec Licenses for Existing Manufacturing Business
Elizabeth and Commission,
The presentation before the City Council last night was quite impressive , and I thought taken well, and I commend your obvious hard work.
The City Council seemed to approve the concept of allowing EXISTING MANUFACTURING LICENCEES to be granted temporary or "grandfathered in" COMMERCIAL RECREATIONAL LICENCES so that we would be able to apply for State temporary Recreational Cannabis Manufacturing licences that will become available Jan 1st.
Apparently, temporary commercial licenses have already been approved by the Council for dispensaries, but manufacturing businesses were somehow not included. As I mentioned to the Council, our business and other Berkely manufactureres will be severly disadvantaged if we cannot apply for State rec licence when the program begins Jan 1st. The State license application requires a local license that permits Commercial Recreational sales, and if we were to wait until spring 2018 when the Berkeley Rec ordinances are scheduled to be released, we would not be able to apply for a State Rec licence until after that. It would be very difficult to get our products on the shelves comming into the Rec market so late, and dispensaries that already carry our products, including Berkeley dispensaries, will have to remove our products from Commercial sales because they were not made by a "Commercial Cannabis Manufacturer".
Please let me know if there is anything I can do to make sure this crucial exeption for Berkely to license EXISTING MEDICAL CANNABIS MANUFACTURES to be issued temporary or "grandfathered" in COMMERCIAL RECREATIONAL MANUFACTURING LICESES procedes in a timely manner, so that we can apply for a State licence in November.
Thank you kindly, Daniel Kosmal Doc Greens Healing Collective
On Oct 5, 2017 5:17 PM, "Greene, Elizabeth" <[email protected]> wrote:
Hello –
You are receiving this information because you have expressed interest in cannabis issues in Berkeley.
The City of Berkeley will discuss recreational cannabis at a work session next week:
Tuesday, October 10, 2017
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6:00 PM
Council Chambers, 2134 Martin Luther King Jr. Way
The packet is available on the City’s webpage under the agenda packet for the October 10, 2017 Special meeting: https://www.cityofberkeley.info/Clerk/City_Council/City_Council__Agenda_Index.aspx.
Sincerely,
Elizabeth Ruess Greene, AICP
Senior Planner
City of Berkeley Planning and Development Department
Kate; Droste, Lori; Maio, Linda; Sophie Hahn; Cheryl District 2 Davilla; Charles PappasCc: Greene, Elizabeth; David Lampach; Karen M. RICE; Elgstrand, StefanSubject: Mayor / BCC Workshop- Comprehensive Cannabis Regulations, Oct. 10, 2016Attachments: D LETTER.odt; BCC LETTERS.odt; DEL SF TF BK.odt; SF TL DIS DEL.odt; CA TR DEL.odt; BK
CULT REGS CP.odt; DEL ORD CONS.pdf; JUNE JULY.odt
Preface:
As a 15 year local medical cannabis activist, serving on the medical cannabis (now just cannabis) commission since 2011, I welcome the opportunity provided by the Mayor's requested workshop for comprehensive cannabis regulations. Indeed, the commission has responded with a letter of further recommendations; in the short 3 minutes allotted, our commission chairman David Lampach will attempt to offer a brief presentation involving complicated issues, some too long overlooked, delayed. Besides resolving adult use regulations, I hope as our elected officials you can finally complete equally comprehensive cultivation licensing delivery only dispensary and nursery ordinance / licensing.
re: BCC ACTION CALENDAR July 25, 2017 To: Honorable Members of the City Council From: Mayor Jesse Arreguín Subject: Commercial Cannabis Regulations and Licensing RECOMMENDATION: Refer to City Manager & Cannabis Commission- proposed local ordinances- establish process, Commercial Cannabis operations licensing process, permitted by Prop 64, Adult Use of Marijuana Act. Council requests- City Manager & Cannabis Commission report to City Council on its recommendations on regulations & commercial cannabis businesses licensing before end of 2017. BACKGROUND: Existing Berkeley law contains no provisions for non-medical cannabis business structure. Prop 64, Adult Use of Marijuana Act, passed statewide 57% of- vote, & Berkeley 83.5%, permits local governments- establish licensing in advance of state regulations for recreational cannabis. The proposed ordinances, based in large part on current Berkeley medical rules, would: etc. ... Opposed by Cannabis Commission- see Recommendations for Comprehensive Cannabis Regulation in Berkeley / letter from Cannabis Commission- Mayor BCC, October 6, 2017 - Empower the City Manager to determine if the Commercial Cannabis Organization is incompliance with Berkeley rules. - Prohibit City from issuing new dispensary licenses until January 1, 2020, to ascertain demand.- Prohibit smoking on site & within 50 ft Dispensary but, to extent State law permits, permit ingestion, smoking or vaporizingon site if restricted to persons over 21, not visible from any other public place, & so long as alcohol and tobacco sales orconsumption are not permitted on site.
Considerations:
Please accept a few overview statements beyond legalization regulation. There is an unfortunate lack of licensing for voter mandated (2010) medical cannabis cultivation, an absence of delivery only dispensary ordinance / licensing (requested by Mayor Bates- June 2016), nursery considerations, and the unacceptable continuance of status quo with 3 monopolistic dispensaries in 15 year operation. With the only true locally owned new dispensary Amoeba's, Berkeley Compassionate Care Collective, opening perhaps by next spring (2018!), I can only judge the March 2015 application process as a failure. For the sake of medical cannabis patients, Berkeley citizens, community and voters change must occur! A cultivation
licensing process, which should have happened years ago, will eventually provide lower priced, quality medicine, and revenue from so many currently existing underground cultivation operations, many of whom have attended and expressed their opinions at numerous commission and subcommittee meetings. Equal participation has come from a dozen locally operating delivery only dispensary and nursery operators, expressing valuable input and insights regarding ordinance and licensing. To me, it speaks loudly at our commission meetings, the attendance and public comment from the un permitted underground
cannabis business' versus the absence of local and recently (1 yr + ) newly approved MCD owners / representatives.
Hopefully tomorrow night's workshop will accomplish comprehensive legalization regulation as well as at least beginning to solve / resolve the other issues above certainly worth your further review and action. I will provide (attached) several relevant documents. Thank you for your attention and consideration.
Yours truly, Charley Pappas
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To: Berkeley Cannabis Commissioners From: Charley Pappas – vice chairman Subject: Commission Meeting Agenda 11/17/17 Date: November 4, 2017
Concerns: Cultivation licensing, delivery only dispensary/nursery ordinance & licensing, existing permitted cannabis businesses wholesale recreational product distribution & permitting; commission recommendations for Mayor & Council for possible December approval
My Dear Fellow Commissioners, After several ex parte conversations with Council member Worthington, I am of the opinion that there is enough interest and direction from himself and other council members to discuss review and adopt finally cultivation licensing, as well as delivery only/nursery ordinances and licensing, and make provisions for existing cannabis businesses recreational transition. Also, I believe chairman David has been told by the Mayor that he would prefer comprehensive cannabis regulation before next Spring, which time frame staff and the city manger had suggested. Of course I feel the above possibilities to be exciting, perhaps equally as our existing dispensaries to service recreational clients by January 1, 2018. We have been successful regarding the latter; to achieve the former, due diligence on our part will be required. I hope to include enough material (ordinance/licensing regulations) in our meeting packet so that our commission approve recommendations for the council. Please make your best efforts to review thoroughly the packet before hand, and your additional input as late items could help and would be appreciated. Council member Worthington has said he will review packet language for what he plans to include in his agenda considerations for the council, and that way it would be indeed possible for ordinance and licensing approval before January 1, 2018. Let's hope so!
Best regards, Charley Pappas
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From: Charles Pappas To: Jesse Ar ; Berkeley Mayor's Office ; Kate Harrison ; Susan Wengraf ; Ben District 3 Bartlett ; Councilmember Linda Maio ; Lori Droste ; Sophie Hahn ; Kriss Worthington ; Kriss Worthington ; Jesse Ar Assistant Stefan Elgstrand ; City Manager ; "[email protected]"; Cheryl ; C. Manager Sent: Wednesday, November 1, 2017 Subject: My public comment- BCC meeting 10/31/17, item #30 moved to consent
30. Short-Term Referral to the City Manager, a Process for Relocation of a Permitted Cannabis DispensaryFrom: Councilmember WorthingtonRecommendation: Refer to the City Manager to approve a process for the relocation of Apothecarium, a cannabis dispensary with validpermits.Financial Implications: MinimalContact: Kriss Worthington, Councilmember, District 7, 981-7170
Dear Mayor and Council Members, Thank you for your prompt attention and "consenting" to a speedy consideration of Apothecarium relocation. As a cannabis commissioner, I would approve their relocation and opening with neighborhood and council district support. Indeed, one of this group's local principals has attended and significantly participated for several years in nearly 80- 90% of commission meetings and subcommittee meetings. As a Berkeley citizen and long time cannabis activist, I am certainly looking forward finally to major change in the status quo when a new dispensary opens. In conclusion, again as a cannabis commissioner, I urge our elected officials to continue your focus on cannabis issues, particularly before this year ends- passing delivery only dispensary ordinance/licensing, nursery ordinance/licensing, cultivation licensing process and licensing for existing permitted cannabis businesses to facilitate recreational wholesale distribution of their products (topicals, tinctures, edibles, oils). Hopefully, the cannabis commission can discuss and produce language and recommendations for the above at our November meeting to provide for your consideration and approval. Best regards, Charley Pappas- vice chairman Berkeley Cannabis Commission
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TO: Medical Cannabis Commission
FROM: Elizabeth Greene, Medical Cannabis Commission Secretary
SUBJECT: Points for Discussion: Cannabis Ordinance Topics
DATE: November 16, 2017
The Cannabis Commission will review draft cannabis ordinance(s) at the beginning of
the year. Below are categories of major topics that will be in the ordinance(s).
Staff recommends that the Commission use this list to generate a discussion of issues
that the Commission feels are important to consider in the ordinance(s). This list is not
meant to be inclusive; topics not included on this list can also be discussed.
C. Medical Cannabis and Medical Cannabis Products shall be tested for contaminants as set forth in the
following table. Medical Cannabis and Medical Cannabis Products that contain more than the permissible levels
may not be provided to any Member or any other person, and shall either be destroyed or returned to their
source(s) at the option of the owner.
Contaminant Testing methodologyPermissible
amount
EPA-controlled Any methodology that the City determines is 100 ppb (total of
The Berkeley Municipal Code is current through Ordinance 7569-NS, and legislation passed through September 12, 2017.
Berkeley Chapter 12.25 MEDICAL CANNABIS CULTIVATION Page 11 of 39
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pesticides
commonly used
in cannabis
cultivation
sufficiently sensitive to determine that the
permissible amount has not been exceeded, using
EPA-or FDA-accepted methodologies for
pesticides, including, not limited to, GC-MS1,
Elisa2
all quantitated
pesticides)3
Microbiological
contaminants
Any methodology approved by any U.S. or
recognized international standards organization• APC4 <
100,000 CFUs5
• Yeast/Mold =
APC<10,000
CFUs
• Coliform ≤
1,000 CFUs
• Pseudomonas
≤ 1,000 CFUs6
• Salmonella = 0
CFU
• E. coli = 0 CFU
Residual
flammable
solvents
(concentrates
only)
Head space analysis 400 ppm (total of
all solvents)7
1 Gas chromatography-mass spectrometry2 Enzyme-linked immunosorbent assay3 Parts per billion4 Aerobic plate count5 Colony-forming unit6 This limit shall apply as of July 1, 2016. Prior to that date, the limit for Pseudomonas
shall be 10,000 CFU.7 Parts per million
D. Cultivation Businesses shall maintain a written or computerized log documenting:
1. the date, type, and amount of Product tested;
The Berkeley Municipal Code is current through Ordinance 7569-NS, and legislation passed through September 12, 2017.
Berkeley Chapter 12.25 MEDICAL CANNABIS CULTIVATION Page 12 of 39
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2. the source(s) of any contaminated Medical Cannabis or Medical Cannabis Products;
3. the report containing the results of the testing, including the name and level of the substance detected;
and
4. the disposition of the Medical Cannabis or Medical Cannabis Product from which the contaminated
sample was obtained, including the amount and the date and manner of disposition.
Such logs shall be maintained for at least one year and made available to the City upon request.
E. Packaging and Labeling for Medical Cannabis and Medical Cannabis Products.
1. Medical Cannabis and Medical Cannabis Products shall be contained in packaging that bears labels
containing the following information, in addition to any other information that a Cultivation Business may
choose to provide or that may be required by law:
a. the name and contact information for the Facility;
b. the weight;
c. the quantity of compounds as set forth in subdivision B;
d. the date of manufacture or production; and
e. a complete list of ingredients.
2. Scales and weighing mechanisms must be able to weigh to within 1/100th of a gram, shall be
maintained in good working order and shall be subject to annual inspection by either the Alameda County
Department of Agriculture/Weights and Measures or a licensed scale company.
F. This Section shall be deemed repealed and of no further force or effect once testing as set forth in Article
10 of Chapter 3.5 of the Business and Professions Code is available. (Ord. 7529-NS § 1 (part), 2017)
12.25.080 Energy use
A. Facility may not be approved unless it includes all feasible (under the current Title 24, Part 6) cost-effective
water and energy efficiency measures, including but not limited to natural daylighting, high efficiency lighting,
networked lighting and mechanical controls, and natural cooling.
B. Additionally, the following systems should be included as feasible: on-site renewable energy generation;
energy storage batteries; water collection, filtration and reuse; and rainwater harvesting.
C. The application for a Facility shall include a description of all energy and water systems, measures
employed to maximize efficient resource use, and the following metrics, with supporting documentation:
The Berkeley Municipal Code is current through Ordinance 7569-NS, and legislation passed through September 12, 2017.
Berkeley Chapter 12.25 MEDICAL CANNABIS CULTIVATION Page 13 of 39
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1. Planned lighting power density (watts/sf)
2. Planned lighting Energy Utilization Index (kBtu/sf/year)
3. Planned total site Energy Utilization Index (kBtu/sf/year)
4. Planned potable water consumption (gallons/sf/year)
D. A Cultivation Business shall mitigate the carbon dioxide emissions caused by the generation of electrical
energy delivered to its Facility by participating in East Bay Community Energy’s EBCE) 100% renewable content
option for electricity or equivalent. Until businesses have the option to purchase power through EBCE, the offset
will be achieved through purchase of renewable energy certificates certified by the Center for Resource
Solutions.
E. If a Facility uses natural gas to generate electricity for consumption at the site, the Cultivation Business
shall offset the carbon content of all electrical energy delivered to the Facility by participating in a program that
is included in one of the Offset Project Registries approved by the California Air Resources Board and consists
of a project or projects that are solely located in the United States and are ether producing energy or reducing
energy consumption.
F. For purposes of calculating carbon emissions, the carbon dioxide content of natural gas shall be 5.302
metric tons per 1,000 therms and the carbon dioxide content for electricity shall be the value, at the time of
filing, from the most recent Power Content Label published by the California Energy Commission.
G. The Cultivation Business shall be responsible for demonstrating compliance on a calendar-year basis.
Documentation shall include copies of energy and water bills, as well as an authorization to energy and water
providers to disclose energy and water consumption at the Facility directly to the City. All parties that are
responsible for energy and water bills shall also be responsible for providing such documentation and
authorization.
H. The annual amount paid by a Cultivation Business to both mitigate carbon dioxide emissions caused by the
generation of electrical energy to its Facility and to offset the carbon content of all electrical energy delivered to
its Facility shall not exceed 10% of the Facility’s annual energy bill. This fee shall be reconsidered after five
years to determine whether it should be readjusted to reflect lower energy rates or higher costs of renewable
A. No Principal of any Dispensary may be a Principal for any other Dispensary in Berkeley. (Ord. 7532-NS
§ 3, 2017: Ord. 7360-NS § 1 (part), 2014)
12.27.040 Information requirements
Every Dispensary shall provide the following information to the City, and shall update it annually and whenever
there is any material change.
A. A description of the Dispensary and its location, which shall include such information as the City may
require that demonstrates compliance with applicable provisions of this Chapter.
B. The name, address and 24-hour contact information for each Principal, including a photocopy of at least one
primary form of photo identification, such as a California Drivers License or US Passport. This information shall
also include any aliases, maiden or married names or other former legal names.
C. Proof of each Principal’s status as a qualified patient or primary caregiver.
D. For each Principal, a signed consent for the City to conduct a background check, including criminal history.
E. Proof of the nature of the Dispensary’s organizational status, such as articles of incorporation, by-laws,
partnership agreements, and other documentation as may be appropriate or required by the City. (Ord. 7360-NS
§ 1 (part), 2014)
12.27.050 Operating Standards
Dispensaries shall also comply with the operating standards set forth in this Section.
A. Membership.
1. No person other than a Member may Cultivate Medical Cannabis on behalf of a Dispensary.
2. The scale of Cultivation by or on behalf of a Dispensary shall be proportional to its Member load.
3. No physician recommendations for Medical Cannabis may be provided on site.
4. All prospective members must be advised in writing, prior to accession to membership, as follows:
"WARNING: Medical cannabis products including edibles are not tested by local, state or federal
governmental agencies for health, safety, or efficacy. There may be health risks associated with the
The Berkeley Municipal Code is current through Ordinance 7569-NS, and legislation passed through September 12, 2017.
Berkeley Chapter 12.27 MEDICAL CANNABIS DISPENSARIES AND COLLECTIVES Page 26 of 39
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consumption of these products."
B. Non-diversion. Dispensaries shall take all practicable steps necessary to prevent and deter diversion of
Medical Cannabis to non-Members. Dispensaries must limit access to Medical Cannabis to authorized
personnel only, and must maintain an inventory management system that:
1. Accounts for all Medical Cannabis;
2. Tracks each Batch of Medical Cannabis received by the Dispensary from its source, including each
Batch’s approximate content of Active Ingredients and Cannabis By-Products as a percentage of weight;
3. Retains all information listed in paragraphs 1 and 2 above for a period of at least 120 days from receipt
of the Batch; and
4. Is capable of producing a summary showing the information necessary to verify non-diversion.
C. Dispensing.
1. Dispensaries may not dispense to any person who is not a Member, and may not dispense without
first verifying membership.
2. Dispensaries may not provide more Medical Cannabis for a Member than is necessary for the
personal medical use of the Qualified Patient for whom the Medical Cannabis is intended, and may not
dispense more than one ounce of dried Medical Cannabis in leaf form per day per Qualified Patient as
defined in state law; provided that:
a. if a Qualified Patient has a physician’s recommendation that this quantity does not meet his or her
medical needs, the Qualified Patient or his or her Primary Caregiver may possess, and the Dispensary
may dispense to him or her, an amount of Medical Cannabis consistent with those needs;
b. a Dispensary may provide more than one ounce of dried Medical Cannabis if the excess amount
is low concentration Medical Cannabis that would not normally be sold for consumption, and is only
used for preparation of Medical Cannabis Products or Edibles by a Member; or
c. a Qualified Patient needs a greater quantity due to a planned absence from the area.
3. Retail Dispensaries may not distribute free samples for promotional purposes outside of the
Dispensary premises.
4. If a Member has an identification card issued pursuant to Health & Safety Code Section 11362.71 or
11362.735, a Dispensary shall use the number from that card to ensure compliance with this subdivision.
5. No physician recommendations for Medical Cannabis may be provided on site.
The Berkeley Municipal Code is current through Ordinance 7569-NS, and legislation passed through September 12, 2017.
Berkeley Chapter 12.27 MEDICAL CANNABIS DISPENSARIES AND COLLECTIVES Page 27 of 39
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6. All prospective members must be advised in writing, prior to accession to membership, as follows:
"WARNING: Medical cannabis products including edibles are not tested by local, state or federal
governmental agencies for health, safety, or efficacy. There may be health risks associated with the
consumption of these products."
D. Members and employees.
1. All employees and volunteers must be Members who are at least 18 years of age.
2. Dispensaries may not admit any person under 18 years of age to membership without written
authorization of a parent or legal guardian. Any Member under 18 years of age shall be accompanied by a
parent or legal guardian at all times that such person is at the Dispensary.
E. Security.
1. Dispensaries shall provide adequate security and lighting on-site to ensure the safety of persons and
protect the premises from theft at all times. Lighting shall be of sufficient intensity to illuminate all areas of
the lot.
2. Dispensaries must maintain security guards and camera coverage of their entire grounds to an extent
sufficient to ensure the safety of persons and deter crime. Cameras must be maintained in good condition,
and use a format approved by the City Manager, which is of adequate quality, color rendition and resolution
to allow the ready identification of any individual committing a crime. The cameras shall be in use 24 hours
per day, seven (7) days per week. The areas to be covered by the security cameras include, but are not
limited to, dispensing areas, storage areas, cultivation areas, all doors, parking lots, and any other area
determined by the City Manager. Surveillance footage must be retained for a period of 90 days and made
available to the Berkeley Police Department for purposes of investigation of alleged crimes, promptly upon
request without the necessity of a warrant or subpoena. Retention and maintenance of security camera
recordings shall comply with Section 12.27.110.
3. Dispensaries must be equipped with an alarm system that is operated and monitored by a security
company licensed by and in good standing with the California Department of Consumer Affairs. Alarms
shall be maintained and in good working condition at all times.
4. In order to prevent unauthorized entry during non-business hours, a Dispensary shall either secure all
exterior windows and roof hatches from the inside with bars, retractable, folding or sliding metal gates, or
metal rollup or accordion doors, or provide at least one security guard during those hours.
5. Any security guards employed by Dispensaries shall be licensed and possess a valid Department of
Consumer Affairs "Security Guard Card" at all times. Security personnel may not be armed.
6. All Medical Cannabis except for limited amounts used for display purposes, samples or immediate
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sale, shall be securely stored at all times, and the entrance to all storage areas shall be locked and under
the control of staff.
7. Dispensaries shall make transactions with payment methods other than cash whenever feasible. All
cash received, except that needed for retail customer transactions shall be kept in a secure receptacle
such as a drop safe or other type of safe.
F. Neighborhood compatibility.
1. Dispensaries shall be operated to ensure neighborhood compatibility, and shall take all steps
necessary to ensure that Members do not create neighborhood disturbances. Such measures shall include,
but not be limited to, providing a security guard to patrol the area surrounding the Dispensary during all
hours of operation.
2. Dispensaries shall provide the Police Department and all residents and property owners within 100 feet
with the current name, phone number, secondary phone number and e-mail address of an on-site
community relations staff person to whom notice of any operating problems associated with the
establishment may be reported. This information shall be updated as necessary to keep it current.
Dispensaries shall encourage neighbors to call this person to try to solve any operating problems.
3. All Dispensaries shall have an on-site manager responsible for overall operation at all times they are
open, and shall provide the Police Department with contact information for all such persons, including
telephone number and e-mail address. Dispensaries shall also provide the Police Department with the
current name and phone numbers of at least one 24-hour-on-call manager. This information shall be
updated as necessary to keep it current.
4. Dispensaries shall take all reasonable steps to discourage and correct objectionable conditions that
constitute a public or private nuisance in parking areas, sidewalks, alleys and areas surrounding the
premises and adjacent properties. Such conditions include, but are not limited to: smoking; creating a noise
disturbance; loitering; littering; and graffiti.
5. Dispensaries shall ensure all graffiti is removed from property and parking lots under their control
within 72 hours of its appearance.
6. Dispensaries shall operate only between the hours of 9:00 a.m. and 9:00 p.m.
G. Consumption of Medical Cannabis, Tobacco and Alcohol.
1. Smoking of Medical Cannabis is prohibited at Dispensaries and within 50 feet of Dispensaries on the
public right of way. For purposes of this subdivision, the term "smoking" does not include the use of an
electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to
deliver an inhaled dose of Medical Cannabis, including but not limited to any device manufactured,
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distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an
electronic pipe, an electronic hookah, or any other product name or descriptor.
2. Sale or consumption of tobacco is prohibited at Dispensaries.
3. Sale, service and consumption of alcoholic beverages at Dispensaries is prohibited, and Dispensaries
shall prohibit any person in possession of an alcoholic beverage from entering or remaining on the
premises.
H. Accessibility. Dispensaries shall comply with all physical accessibility requirements that would be
applicable to a newly-constructed building, except that pre-existing Dispensaries permitted under Ordinance No.
6826-N.S. shall not be required to comply with such requirements as long as they remain in the same location
as when this Chapter became effective, except as may be required by other laws.
I. Termination of Membership.
A Dispensary shall terminate the membership of any Member of whom it is aware who purposely or repeatedly
violates the limitations in this Section or who operates a motor vehicle after ingesting any Medical Cannabis
Product at that Dispensary. Prompt termination of membership under this subdivision shall be considered in any
enforcement proceeding against a Dispensary. (Ord. 7532-NS § 4, 2017: Ord. 7360-NS § 1 (part), 2014)
12.27.060 Signage
A. A sign shall be posted at the entrance to any Dispensary that includes the following language:
This Dispensary only provides medical cannabis to its members, who must have legally recognized
California Medical Cannabis Identification Cards or a verifiable, written recommendation from a
physician for medical cannabis.
The required text shall be of sufficient size to be easily read from a distance of five feet.
B. A sign shall be posted in a conspicuous location inside the structure at the location advising:
This Dispensary is registered in accordance with the laws of the City of Berkeley. 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 drive a motor vehicle or operate heavy machinery.
C. A sign or signs shall be posted in a location or locations conspicuous from all sales areas inside the
structure that state:
WARNING: Medical cannabis products, including edibles are, not tested by local, state or federal
governmental agencies for health, safety, or efficacy. There may be health risks associated with the
consumption of these products.
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The required text shall be of sufficient size to be easily read from a distance of five feet. (Ord. 7532-NS § 5,
2017: Ord. 7360-NS § 1 (part), 2014)
12.27.070 Product Safety, Quality Assurance and Labeling
Medical Cannabis shall be tested, and specified compounds shall be quantitated, as set forth in this Section.
A. The following compounds shall be quantitated as set forth in the following table, using equipment and
methodologies with limits of detection for all compounds no greater than 0.1% by weight, or 1 mg/g.
Constituent Equipment/Methodology
THCA HPLC1, or GC2 with derivatization or other
methodology approved by a state or the
federal government as meeting a limit of
quantitation of 0.1% by weight
THC
CBDA
CBD
CBN
1 High-performance liquid chromatography2 Gas chromatography
B. The quantitative information required by subdivision A shall be printed on labels for all Medical Cannabis as
set forth in the following table.
Product type Label information
Cannabis (flowers, leaf and concentrates,
including water processed concentrates)
% by weight and mg/g
Edibles (other than beverages) mg/package or mg/serving if applicable;
nutritional and allergen information as
required by the CDPH for cottage foods
Capsules/pills mg/capsule
Oils, butters, tinctures (for internal
consumption)
weight/volume
mg/g
Topicals (external application) mg/g or mg/mL, as applicable
Beverages mg/container and mg/serving, if
applicable; nutritional and allergen
information as required by the CDPH for
cottage foods.
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C. Medical Cannabis shall be tested for contaminants as set forth in the following table. Medical Cannabis that
contains more than the permissible levels may not be provided to any Member or any other person, and shall
either be destroyed or returned to their source(s) at the option of the owner.
ContaminantTesting
methodologyPermissible amount
EPA-controlled
pesticides
commonly used in
cannabis cultivation
Any methodology that the
City determines is
sufficiently sensitive to
determine that the
permissible amount has
not been exceeded using
EPA- or FDA-accepted
methodologies for
pesticides, including, not
limited to GC-MS1, Elisa2
100 ppb (total of all quantitated pesticides)3
Microbiological
contaminants
Any methodology
approved by any
U.S. or recognized
international
standards
organizations
• APC4 < 100,000 CFUs5
• Yeast/Mold = APC<10,000 CFUs
• Coliform ≤ 1,000 CFUs
• Pseudomonas ≤ 1,000 CFUs6
• Salmonella = 0 CFU
• E. coli = 0 CFU
Residual flammable
solvents
(concentrates only)
Head space analysis 400 ppm (total of all solvents)7
1 Gas chromatography-mass spectrometry2 Enzyme-linked immunosorbent assay3 Parts per billion4 Aerobic plate count5 Colony-forming unit6 This limit shall apply as of July 1, 2016. Prior to that date, the limit for Pseudomonas
shall be 10,000 CFU.7 Parts per million
D. Baked goods, such as cookies and brownies, shall be exempt from testing for contaminants. These
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products are still subject to testing for potency, as required for the label information in Section 12.27.070.B, and
must use medical cannabis that has been tested for contaminants.
E. Dispensaries shall maintain a written or computerized log documenting:
1. the date, type, and amount of Product tested;
2. the source(s) of any contaminated Medical Cannabis;
3. the report containing the results of the testing, including the name and level of the substance detected;
and
4. the disposition of the Medical Cannabis from which the contaminated sample was obtained, including
the amount and the date and manner of disposition.
Such logs shall be maintained for at least one year and made available to the City upon request.
F. Packaging and Labeling for Medical Cannabis.
1. Medical Cannabis that is made available to members shall be contained in packaging that bears labels
containing the following information, in addition to any other information that a Dispensary may choose to
provide or that may be required by law:
a. the name and contact information for the Dispensary;
b. the weight;
c. the quantity of compounds as set forth in subdivision B;
d. the date of manufacture or production; and
e. a complete list of ingredients.
2. Scales and weighing mechanisms must be able to weigh to within 1/100th of a gram, shall be
maintained in good working order and shall be subject to annual inspection by either the Alameda County
Department of Agriculture/Weights and Measures or a licensed scale company.
G. Preparation, Packaging and Labeling of Edibles.
1. Edibles. Edibles shall be limited to those items approved in the California Homemade Food Act,
Chapter 6.1 (commencing with Section 51035) of Part 1 of Division 1 of Title 5 of the Government Code.
2. Compliance with State Food Safety Requirements. A Dispensary that prepares, dispenses, or in any
manner distributes Edible Medical Cannabis Products must comply with the relevant provisions of all State
and local laws specified by the City Manager regarding the preparation, distribution, labeling and sale of
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food, even if those laws are not directly applicable to Edibles. Any facility used by a Dispensary to produce
Edibles shall be constructed, operated and inspected in accordance with the applicable building code and
applicable food safety requirements.
3. Preparation of Edibles.
a. Individuals involved in the production or distribution of Edibles containing Medical Cannabis shall
thoroughly wash their hands before commencing production and before handling the finished product.
Gloves must be worn when packaging edible products containing Medical Cannabis.
b. In order to reduce the likelihood of foodborne disease transmission, individuals who are suffering
from symptoms associated with acute gastrointestinal illness or are known to be infected with a
communicable disease that is transmissible through foodstuffs are prohibited from preparing edible
products containing Medical Cannabis until they are free of that illness or disease, or are incapable of
transmitting the illness or disease through foodstuffs. Individuals who have sores or cuts on their
hands must use gloves when preparing and handling edible products containing Medical Cannabis.
c. Edibles that are produced or distributed at a Dispensary may only be prepared by a Member of
that Dispensary and, if prepared in Berkeley, shall only be prepared in a facility permitted and
inspected for the production of food by a government agency, such as a commercial kitchen or a
facility operating in accordance with the California Homemade Food Act.
d. Certified Food Handler. A Member who produces Edible Medical Cannabis Products must be a
State certified food handler. The valid certificate number of such Members must be on record at each
Dispensary where the edible product is distributed, and a copy of the certificate kept either on-site, or
made available during inspections if kept off-site.
e. Hand-washing Facilities. Hand-washing facilities shall be adequate and convenient and be
furnished with running water at a suitable temperature. Handwashing facilities shall be located in the
facility in Edible preparation areas and where good sanitary practices require employees to wash
and/or sanitize their hands, and provide effective hand-cleaning and sanitizing preparations and
sanitary towel service or suitable drying devices.
4. Packaging of Edibles.
a. All Edibles shall be individually wrapped at the original point of preparation. A label indicating the
nature of the product shall be distinctly and clearly legible on the front of the package. Additional label
information must include: (i) a warning if nuts or other known allergens are used; (ii) a warning that the
item is a medication containing Medical Cannabis and the total weight (in ounces or grams) and
amount of Active Ingredients in the package; (iii) the date of manufacture; (iv) a statement that the
contents are not a food product; and (v) information indicating any caloric impact on the patient. The
package label must have a warning clearly legible emphasizing that the product is to be kept away
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package label must have a warning clearly legible emphasizing that the product is to be kept away
from children.
b Labels of Edibles that are not tested for contaminants (baked goods) shall include a statement that
the cannabis used in the product was tested for contaminants.
c. Packaging of Edibles shall be opaque, and may not make it appear as if the Edible is a food
product. Packaging that makes the product attractive to children or imitates candy is not allowed.
d. Packaging of edibles shall be tamper-evident.
5. Producers of Edibles that are not tested for contaminants shall maintain a written or computerized log
documenting:
a. The source of the cannabis used in each batch of product;
b. The contaminant testing date; and
c. The testing facility for the cannabis.
H. Section 12.27.070 shall be deemed repealed and of no further force or effect once testing as set forth in
Article 10 of Chapter 3.5 of the Business and Professions Code is available. (Ord. 7532-NS § 6, 2017: Ord.
7360-NS § 1 (part), 2014)
12.27.080 Medical cannabis for low income Members
A. At least 2% (by weight) of the annual amount of Medical Cannabis in dried plant form provided by a
Dispensary to all Members, shall be provided at no cost to very low-income Members who are Berkeley
residents. This amount shall be calculated every six months, based on the amount dispensed during the
immediately preceding six months. Medical Cannabis provided under this Section shall be the same quality on
average as Medical Cannabis that is dispensed to other members.
B. For purposes of this Section, income shall be verified using federal income tax returns or other reliable
method approved by the City Manager.
C. For purposes this Section, "very low income" shall mean the household income established by the most
recent annual City Council resolution that establishes the maximum income levels for qualification for exemption
from specified local taxes and fees. (Ord. 7532-NS § 7, 2017: Ord. 7360-NS § 1 (part), 2014)
12.27.090 Records
A. General. All Dispensaries shall maintain contemporaneous financial and operational records sufficient to
show compliance with this Chapter, Chapter 12.26, and applicable California law, as well as satisfaction of
commitments made in the Dispensary’s application and during the ranking and allocation process. Such records
shall be maintained in a secure location under the control of the Dispensary within the City of Berkeley, and shall
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be subject to inspection by the City upon reasonable notice during regular operational hours or by appointment.
B. Finances.
1. Dispensaries shall operate on a Not-for-Profit basis. Sale of Medical Cannabis to cover anything other
than reasonable compensation and reasonable out-of-pocket expenses is explicitly prohibited. To the
extent they provide goods or services not related to Medical Cannabis, Dispensaries need not operate on a
Not-For-Profit basis.
2. Dispensaries shall make their financial records available to the City on an annual basis. Such audited
records shall be limited to information necessary for the City to determine the not-for-profit status of the
organization and shall include information on staff/principal compensation.
C. Membership. Dispensaries shall keep an accurate roster of Members, which shall include either the State
of California Medical Marijuana Identification Card number issued by a county pursuant to Health & Safety Code
Sections 11362.7 et seq. or a copy of a physician’s referral and, if using a primary caregiver, a written
authorization from the qualified patient to be represented by such primary caregiver. Such records shall be
maintained in a manner that protects the confidentiality of the Dispensary’s Members.
D. Operations. Dispensaries shall maintain the following information and make it available to the City within 30
days of the end of each calendar year.
1. The total number of members during the year;
2. The total amount of revenue collected during the year;
3. The consideration paid for each Batch;
4. Monetary and non-monetary contributions from Members;
5. Total monetary and non-monetary distributions to Members other than Medical Cannabis Products or
Edibles dispensed for monetary consideration;
6. Salaries and overhead; and
7. A complete list of the types of Medical Cannabis, Medical Cannabis Products and Edibles available,
and the prices thereof.
E. Convictions. Dispensaries shall immediately report any conviction of a person subject to Section
12.27.030.A that would cause him or her to be ineligible to have a position other than that of Member. (Ord.
7360-NS § 1 (part), 2014)
12.27.100 Ranking and allocation procedure and criteria
The Council may by resolution establish procedures and criteria for accepting applications to operate
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Dispensaries and determining which, if any, to approve. (Ord. 7360-NS § 1 (part), 2014)
12.27.110 Confidentiality of information
A. The City’s review of information submitted or maintained pursuant to this Chapter shall preserve the
confidentiality of all information about Principals and Members to the maximum extent consistent with state and
local law. The City shall incur no liability for the inadvertent or negligent disclosure of such information.
Disclosure of any Principal or Member information to the City for purposes of this Chapter shall not be deemed a
waiver of confidentiality. Financial information provided to the City pursuant to Section 12.27.090 shall be
deemed to be "financial information" covered by Chapter 7.26.
B. The information required by Section 12.27.040 and recordings from security cameras, shall be confidential
and shall not be subject to public inspection or disclosure except to City employees for purposes of law
enforcement.
C. In order to protect confidentiality, Dispensaries shall not collect or maintain Protected Health Information.
Dispensaries shall maintain membership records and information about members in a manner that ensures that
the information will not be disclosed except as required by this Chapter or other laws. If a Dispensary maintains
information conveyed by a Member to a Dispensary regarding such Member’s medical condition, information
conveyed by a Member to a Dispensary regarding efforts to ameliorate or otherwise address symptoms
associated with such Member’s medical condition, or information regarding Medical Cannabis, Medical Cannabis
Products and/or Edibles provided to a Member, such information shall be kept in a manner that is in compliance
with the Confidentiality of Medical Information Act. Membership lists shall be available to City employees
charged with the administration of this Chapter for inspection on site without a warrant during business hours or
by appointment. (Ord. 7360-NS § 1 (part), 2014)
12.27.120 Limitations on Collective operations
As a use that is incidental to the residential use of property in residential zoning districts, Collectives shall
comply with the following operating limitations:
A. A Collective may not generate more than 5 Member trips per day per location, excluding trips by residents
of the Collective location.
B. Cash on hand shall be minimized, and no more than $1000 may be retained overnight per location.
C. Collectives may not operate at more than four (4) locations in Berkeley, and may not store or maintain at
any site at any time more than a combined total of 10 pounds of dried Medical Cannabis and concentrates, of
which no more than 1 pound may be concentrates.
D. Collectives may not have Member visits to obtain Medical Cannabis except for social purposes before 8:00
a.m. or after 9:00 p.m.
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E. No alcohol may be served for consideration.
F. No consideration may be charged for entry into the Collective or any part of the residence in which the
Collective is located, no live entertainment may be provided, and no entertainment of any sort may be provided
for consideration.
G. Smoking of Medical Cannabis by non-residents is prohibited in all exterior areas of Collectives and within
50 feet of Collectives on the public right of way.
H. Collectives may not have any exterior display identifying them as such.
I. Establishment and maintenance of a Collective may not involve any changes in utility service or exterior
modifications beyond those that would be customary for a residence.
J. Collectives may not have any impacts on adjoining properties, such as, but not limited to, excessive noise,
glare, smells, smoke, etc., beyond those that are normal for residential use. (Ord. 7360-NS § 1 (part), 2014)
12.27.130 Operating standards for all Collectives
Collectives shall comply with the following provisions of this Chapter.
A. Section 12.27.050, subdivisions A, B and C.
B. Section 12.27.070 subdivisions A-F. Subsection 12.27.070.C shall only apply to collectives with 25 or more
members.
C. Section 12.27.090, subdivisions B and D. Subsection 12.27.090.B.2 shall only apply to collectives with 25
or more members.
D. Section 12.27.110, to the extent applicable.
E. Before it may obtain a business license pursuant as required by Chapter 9.04, a Collective must obtain an
inspection from the City that any cultivation or processing of Medical Cannabis that it intends to undertake at a
given site will not pose a fire hazard. (Ord. 7360-NS § 1 (part), 2014)
12.27.140 Fees.
The City Council may establish by resolution the fees that shall be charged for administration and
implementation of this Chapter. The adoption of such fees shall not prevent the City from recovering
enforcement costs not specified in such resolution. (Ord. 7532-NS § 8, 2017: Ord. 7360-NS § 1 (part), 2014.
Formerly 12.27.170)
12.27.150 Authority of City Manager
The City Manager may promulgate regulations for the administration and implementation of this Chapter,
including, but not limited to, regulations relating to non-diversion, record-keeping, and tracking and tracing
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Proposed changes to the Berkeley Municipal Code related to Delivery-Only Dispensaries
June 1, 2017
12.23.020 Definitions H. 1. “Dispensary” means both Retail Dispensaries and Delivery-Only Dispensaries.
2. "Retail Dispensary" shall mean an organization that is authorized underChapter 12.27 and Title 23 to dispense Medical Cannabis at a lawfully established non-residential location. A Dispensary may also provide other incidental services to its Members to the extent permitted by state law, such as cultivating, acquiring, baking, storing, processing, testing, transporting and delivering Medical Cannabis. In dispensing Medical Cannabis to its Members, a Dispensary may be reimbursed for the cost of its services and materials. A Dispensary may be organized as any statutory business entity permitted under California law, provided it operates in a Not-For-Profit manner as defined in Chapter 12.27.
3. “Delivery-Only Dispensary” is a Dispensary that is limited to acquiring MedicalCannabis and related products, and delivering it to its Members, and does not have a location to which Members may come to acquire Medical Cannabis or any other good or service.
12.27.115 Delivery-Only Dispensaries – Delivery requirements A. In addition to the six existing Retail Dispensaries, under Berkeley Municipal Code
Section 12.26.130 and any Retail Dispensaries selected under Section 12.27.100, an unlimited number of Delivery-Only Dispensaries shall be permitted, on a first-come-first-served basis.
B. Delivery-Only Dispensaries shall comply with the requirements of Chapter 12.23and this Chapter that are applicable to Dispensaries except those that are determined by the City Manager to be inapplicable to Delivery-Only Dispensaries because of the nature of their operation as distinct from Retail Dispensaries.
C. Delivery-Only Dispensaries shall only be allowed under this Section in zoningdistricts where they are specifically permitted.
D. All Dispensaries that provide delivery services to their members shall comply withthe following requirements, as well as all applicable requirements of state law. In the event of a conflict, state law shall prevail.
1. All vehicles used for delivery shall be maintained and operated in a mannerand in a condition required by law and applicable regulations.
2. The following persons may not drive delivery vehicles:a. a person who does not possess a valid driver’s license;b. a person who has been at fault within the two years immediately preceding
the application in any motor vehicle accident causing death or personal injury; c. a person who has been at fault in three or more motor vehicle accidents
within the previous 12 months. d. a person who has been under suspension, revocation or probation within
the last five years by the Department of Motor Vehicles for a cause involving the safe operation of a motor vehicle;
e. a person who has been convicted of any of the following misdemeanoroffenses within the past five years: driving under the influence or reckless driving involving alcohol or reckless driving involving bodily injury;
f. a person who has been convicted of any of the following offenses: a secondor subsequent conviction for driving under the influence, or any felony conviction for driving under the influence (with or without injury), or vehicular manslaughter, or habitual traffic offender.
3. The following persons may not be involved in making deliveries:a. any person who is required to register as a sex offender under Section
290 of the California Penal Code; b. any person within the past ten years who has been convicted of any felony
offense involving moral turpitude. 4. Persons involved in making deliveries must have in their possession a copy of
the document memorializing the City’s approval of the delivery service. 5. Persons involved in making deliveries may not be armed.6. Delivery vehicles may not advertise any activity related to Cannabis or
advertise the name of the Dispensary. 7. Delivery of the Medical Cannabis shall be directly to the residence or
business address of the Member unless said residence or business is in a park, school or hospital. Deliveries to any other locations are prohibited.
8. Deliveries may occur only between the hours of 8:00 a.m. and 11:00 p.m.9. The delivery vehicle shall not carry or transport at any one time more than a
total of $3,000 worth of medical cannabis, in any combination. 10. All orders to be delivered shall be packaged by the name or identification
number of the Member for whom the delivery is intended. 11.In addition to the requirements of Section 12.27.050 subdivisions A and B, the
person responsible for making deliveries shall have a copy of the record of all delivery requests while making deliveries.
12. Signage advertising the Delivery-Only Dispensary or referencing cannabis,including symbols such as a cannabis leaf or a green cross, is prohibited at the Delivery-Only Dispensary.
13. Signage advertising the dispensary or referencing cannabis, includingsymbols such as a cannabis leaf or a green cross, is prohibited on any delivery vehicle.
14. All Dispensaries that provide delivery service shall maintain at all timesCommercial General Liability providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury with limits of not less than One Million Dollars ($1,000,000) per occurrence and Comprehensive Automobile Liability (owned, non-owned, hired) providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000). The Commercial General Liability policy shall provide contractual liability, shall include a severability of interest or equivalent wording, shall specify that insurance coverage afforded to the City shall be primary, and shall name the City, its officials and employees as additional insured. Failure to maintain insurance as required herein at all times shall be grounds for immediate suspension of the privilege of providing delivery service.
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PROPOSED 2018 Commission Meeting Dates
Name of Commission: Medical Cannabis Commission
Commission Secretary: Elizabeth Greene
2017 Meeting Dates
Month Meeting Day and Date Time Month Meeting Day and Date Time
January 2018 Thursday, 1/18/18 2:00 PM July 2018 Thursday, 7/5/18 OR 2:00 PM
Thursday, 7/12/18
February 2018 Thursday, 2/1/18 2:00 PM August 2018 NO MEETING
March 2018 Thursday, 3/1/18 2:00 PM September 2018 Thursday, 9/6/18 OR 2:00 PM
Thursday, 9/13/18
April 2018 Thursday, 4/5/18 2:00 PM October 2018 Thursday, 10/4/18 OR 2:00 PM
Thursday, 10/11/18
May 2018 Thursday, 5/3/18 2:00 PM November 2018 Thursday, 11/1/18 OR 2:00 PM
Thursday, 11/8/18
June 2018 Thursday, 6/7/18 2:00 PM December 2018 NO MEETING
January consideration – Martin Luther King Jr. Day is on Monday, 1/15/18.
March consideration – Purim is on Thursday, 3/1/18.
April consideration – Passover is on Saturday, 3/31/18, Easter Sunday is on Sunday, 4/1/18, and Orthodox Easter is on Sunday, 4/8/18.
June consideration – Memorial Day is on Monday, 5/28/18.
July consideration – July 4th is observed on Wednesday, 7/4/18.
September consideration – Labor Day is on Monday, 9/3/18. Yom Kippur is on Wednesday, 9/19/18.
October consideration – If September meeting is held on 9/13, then there will only be three weeks between that and an 10/4 meeting. Indigenous People’s Day is Monday, 10/8/18.
November consideration – If October meeting is held on 10/11, then there will only be three weeks between that date and a 11/1 meeting. Veteran’s Day is observed on Monday, 11/12/18.
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To: Mayor and Berkeley City Council From: Berkeley Cannabis Commission Subject: Medical Cannabis Cultivation Licensing & Selection Date: November 17, 2017
Considerations
from: BMCC Letter to: BCC, February 23, 2016 Meeting, subject: Planning Commission Recommendations Writing on behalf of Medical Cannabis Commission to express Commission’s unanimous support for Planning Commission’s recommended changes to Zoning Ordinance Section 23E.72.040, related to medical cannabis cultivation. The Medical Cannabis Commission support for these changes based on following reasons:
1. Many changes necessary – address compatibility w/ new State laws, passed Oct. 2015, related to medical cannabisregulations, specifically max. indoor cultivation area (22,000 sq.ft.), 600 ft. school buffer zone – cultivation sites.
2. Identifying total sq.ft – for cultivation w/ numeric limit (180,000 sq.ft.) mirrors current 6 limit locations each w/max. size 30,000 sq.ft., restates, maximizes production area, therefore increasing taxation revenue.
3. Removing limit on cult. Locations # - allows more opportunities for smaller businesses to be established, newState laws mention specifically: Vertical Integration- Complicated restrictions to prevent vertical integration (AB 266,19328). In general, licensees can only hold licenses- 2 separate categories. These smaller businesses will have own Statelicensing category under new State regs.
Commission believes these changes will make the City’s existing medical cannabis cultivation ordinance morecompatible with new State law, and certainly more favorable to smaller cultivation businesses which we considerto be the best suited and most likely to locate in Berkeley.
In addition, commission cultivation selection process will have significant input from West Berkeley Artisans & Industrial Companies (WEBAIC), we began conversation w/ one of their members at planning commission hearings, which will continue.
Thank you for your careful, serious consideration of this important issue, which should improve the quality of medicine and lower the cost to qualified medical cannabis patients, as well as provide employment and tax revenue for our community in general.
Date: January 2017from: Councilmember Hahn: What was the rationale for allowing medical cannabis sites to be permitted by-right? I know that was in Measure T, but given that everything in T is subject to change by the Council (& it looks like much of it has been or will be changed), why was that carried forward? Staff A: Measure T was a Berkeley ballot measure that passed in 2010. It stipulated that “four medical cannabis dispensaries shall be permitted as of right with a Zoning Certificate in C prefixed zones if they comply with the parking requirements applicable to the uses they include, and any security requirements promulgated by the Chief of Police”. For cultivation businesses, Measure T specified that they “shall be permitted as a matter of right with a Zoning Certificate at 6 locations in the M District, subject to the following limitations…”. City staff carries regulations forward as specified in a ballot measure unless modified by the City Council. Historically, the Council does not modify direction from ballot measures. The City Council modified the 6 cultivation location limit in 2016.
Cannabis Cultivation Ordinance/Licensing – from CC Vice Chair Pappas – Opposing Proposed 6 Location Limit – BCC Meeting, June 27, 20171. Tax revenues- 180k sq ft (measure T, BCC- 3.15.16)- $1 million median estimate (low $658k to high $1.3 million),annual taxes - 180k sq ft cultivated vs. 132k sq ft (6 locations x 22k sq ft- new state regulation), only $165k in annualtaxes if cultivation limited- 6 locations, & average each site- 5k sq ft.Lost potential tax revenue to the City- $835k- 6 cultivation sites total 30k sq ft.2. Unnecessary restriction- locations for cultivation. Retain maximum of 180k sq ft cultivation in city. To label 6location limit solution to “unlimited locations” is a negative connotation not applied to other 35+ use categories inWest Berkeley, none have restriction on location number. Singling out this category does not recognize importance ofmedical cannabis cultivation regarding quality & cost for patients.
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Cultivation Licensing and Selection – Page 2
3. Encourage small businesses (under 5k sq ft area). These businesses have own licensing category under new statelaw & are better suited for Berkeley considering rentals available, lease rates & energy costs for indoor growing.Furthermore, with Berkeley’s # of parcels less 5k sq ft, city has opportunity to offer diverse group of small-businesscultivators, ideal for entry level businesspersons- including African Americans & Latinos significantly hurt by War onDrugs. In Oakland, community equity considerations & ownership in cannabis business currently mandated.4. Land Use. M Zone: 72 parcels, 61 under 5k sq. ft. 85% parcels in M + MM + MU-LI Districts, less than 5k sq. ft.Only 3.5% of 4 Manufacturing Districts’ inventory used if 180k sq. ft. cultivated. Only, 0.7% of ManufacturingDistricts’ land area & 0.03% of total city land area for cultivation of medical cannabis.5. Rental Market Impact Considerations. Some new spaces not needed when current Berkeley undergroundcultivators seek licenses. Other vacancies - not leased for cultivation due to reluctant landlords. Communities -cannabis cultivators “gobble up” space & increase rents (e.g., Colorado Springs, Denver, Oakland) DO NOT HAVESQ FT MAXIMUM. Therefore highly improbable, 3.5% of rentals in Manufacturing Districts- significantly increasecosts, other 96.5% rental inventory.6. Current Statewide Cultivation Proposals. Localities encouraged- initiate cultivation regulation. CannabisCultivation Prgm now Cal Cannabis Cultivation Licensing - preference local ordinances & regs prior Jan 1, 2018.Local Permits Required Commercial activity- BOTH state & local , permit . Grandfathering Facilities operating in compliancewith local ordinances before Jan 1, 2018- operate until- license, approved or denied. Facilities operation before Jan 1, 2016 receivepriority. Existing local licenses fast tracked for state license- possible local tax revenue delay avoided.7. Medical cannabis commission, Planning commission, Staff. In agreement with lack of fundamental basis &reasoning for 6 cultivation location limiting.8. BCC & mayor – lack - sensible/knowledgeable reasoning, 6 location limit, existing cultivation operations to acceptregulations/taxation, reduction/ elimination residential collective cultivation. Long previous unnecessary delays.
from: Cannabis Commission Opposing 6-Location Cultivation Limit - Land Use Cultivation Cannot Overwhelm the Manufacturing Districts: • Only 3.5% of the four Manufacturing Districts’ inventory would be used if all allowable 180,000SqF were cultivated.• Similarly, only 0.7% of the Manufacturing Districts’ land area and 0.03% of total city land area would be used forcultivation of medical cannabis.• Some Manufacturing District Inventory (including warehouses) is protected solely for manufacturing businesses and,therefore, could not be used for cultivation.• Some cannabis leases will not take new space because some current underground cultivators in Berkeley will seeklicenses.• Not all vacancies will be leased for cannabis because of reluctant landlords.• Oft-cited communities in which cannabis cultivators “gobble up” space and drive up rents (e.g., Colorado Springs,Denver, Oakland) DO NOT HAVE AN AGGREGATE SQUARE FOOT MAXIMUM.• It is highly improbable, therefore, that rents on 3.5% of inventory in the Manufacturing Districts would drive uprents for the other 96.5% of the inventory.
Previous discussion
from: MCC subject: Recommendation – removing numeric cultivation limitdate: Nov 5, 2015 meeting, CC recommended removing numeric limit, & capping area cultivation permitted in City to 180,000 sq. ft. Numeric limit - result loss of potential space for cultivation - each location, not large as possible. Removing limit allow smaller sites established in M District w/o reducing overall area for cultivation. 180,000 sq ft limit – max. based on assumed total from existing ZO language - 6 sites with maximum of 30,000 sq ft each.
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Cultivation Licensing and Selection – Page 3from: Councilmember Harrison subject: Compromise Suggestion – Cannabis Cultivation Ordinance Revisions – BCC Action Item 44, date: 6/27/17 Based on description in item Planning Commission considered, can City Council adopt 3rd option without returning to Planning Commission? Whatever Council decides – be noticed for another meeting for actual vote? Planning Commission Action: Planning Commission considered cultivation location quotas of 6+ at its 3-15-17 meeting. Commission voted to not recommend any specific quota number for cultivation locations to Council. Commission requested Council base any number it adopts on additional research, desire to encourage small “clean & green” businesses. (8-0-0-0, planning commission vote)
from: Cannabis Commissiondate: July 2017 Cannabis Commission (CC) recommends Berkeley City Council (BCC) oppose a 6-location limit to the number of medical cannabis cultivation sites. No other uses in West Berkeley are restricted to specific number of locations. A 6-location limit, because of recent changes in State law (22,000 sq.ft. indoor limitation), would reduce by 27% the maximum aggregate square feet allowed for cultivation, as approved by voters in 2010 & reaffirmed by BCC in February 2016. In addition, because 85% of parcels in the M + MM + MU-LI Districts less than 5,000 sq.ft., a highly likely
reality is limiting location number would result in smaller cultivation amount (%) of allowable square feet. Additional consideration, Berkeley’s number of small parcels (up to 5,000 sq.ft, BMCR Type 1a, CDFA Article
3.b, “Specialty Cottage Indoor”) are ideal for entry-level, aspiring cultivation businesspeople - many of whom,judging from public comment at monthly MCC meetings, will be African Americans & Latinos, disproportionatelyaffected by War on Drugs. Berkeley has an opportunity to take a step to address this inequity.
A limit on number of locations, & thereby significant reduction in potential square footage cultivated, will sharply limit City’s ability to raise from $658,000 to $1,322,800 in new annual tax revenue. Other cities & counties are lifting cultivation bans, thereby successfully directing taxes gained from cannabis operations toward municipal problems. Here in Berkeley, from homelessness, community funding, and potholes.
Thus, after 2+ years of extensive research, MCC recommends the BCC continue to support & not alter or amend its February 2016 decision & that BCC:
adopt & finalize MCC & staff cultivation ordinance & licensing recommendations maintain an effective control factor of an 180,000 aggregate square foot maximum for medical cannabis
cultivation in Berkeley, oppose limiting number of cultivation locations, for the sake of cottage industry, patient medicine quality &
price, community tax revenue benefits We urge you to read and review the carefully prepared enclosed documents. The first page provides a more
detailed explanation of MCC’s reasoning on this matter. The second page provides further background & information. The two attachments provide sources & supporting material for information & data on the first two pages. A final document is in response to concerns and questions expressed at the January 31, 2017 BCC meeting. Please contact any member of the MCC for further inquiry or questions on this topic. Your appointees on the
MCC should contact you on this matter. Sincerely, David Lampach, Chair, MCC
Current recommendations/choices
from: staff, in response, recommends Council consider one of two options:A. Maintain existing Zoning Ordinance language (180,000 sq.ft. limit, no quota on # locations); orB. Add quota – no less than 9 locations, allowing for possibility of 180,000 sq.ft. Cultivation; orC. 3rd Council option – direct staff prioritize local growers/cooperatives in permitting process / set aside someallotted sq.ft. specifically for local small growers/cooperatives. Achieved by maintaining all cultivators' 6 locationlimit (using max. of 132,000 of available 180,000 ft.), allocating remaining 48,000 ft. to local cultivators, cooperatives,without specific location limit.
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Cultivation Licensing and Selection – Page 4from: vice chr. Pappas, Berk. cannabis com. subject: Comprehensive Berkeley Cannabis Regulations
Cultivation – Ordinance23E.72.040 Medical Cannabis CultivationA. ...Cultivation of medical cannabis defined, Chapter 12.26, Chapter 12.27 & State’s Medical Marijuana Regulation& Safety Act permitted - matter of right with Zoning Certificate in M District, subject to following limitations:1. Such locations limited to licensed medical cannabis organizations.2. Medical cannabis may not be dispensed, & client, patient/member services prohibited.3. No single location used for cultivation & associated uses by licensee may exceed 22,000 sq.ft., except separatespaces used by different licensees may be aggregated on same location.4. Total area for medical cannabis cultivation not exceed 180,000 sq.ft..B. Locations comply w/ security regulations promulgated by Police Chief, & these requirements, & not locatedwithin 600 ft. of private / public elementary, middle / high school. Locations may include testing, processing,manufacturing & food preparation, if permitted by State’s Medical Marijuana Regulation & Safety Act.C. No medical cannabis uses approved under this Section until City Council adopts licensing process & standardsfor uses. Standards include requirement indoor cultivation uses provide energy offset through program specified byCity to offset net increased energy used by facility compared to a regular industrial facility, & may include whetherproposed facilities provide percentage of all usable product cultivated at no cost to very low income patients & willuse organic methods in cultivation & processing to maximum extent reasonable; & whether their form oforganization, ownership & practices ensure equity & accountability, low prices & adequate supply of high qualitymedical cannabis to members.Cultivation/LicensingA. Two-tier cultivation
1. Larger cultivations – 15,000 to 22,000 sq ft / 6 location limit with UP or ZAB hearingB. Smaller local grower priority
1. Remaining 180,000 sq ft area – (6 x 22,000 sq ft) - 132,000 sq ft = 48,000 sq ft – smaller local cultivators, ora. 180,000 sq ft area – (6 x 15,000 sq ft) -90,000 sq ft = 90,000 sq ft smaller local cultivators
2. Therefore 48,000 sq ft to 90,000 sq ft available to local small grower cooperatives cultivators3. Small grower cooperatives 2,000 to 10,000 sq ft – UP licensing; under 2,000 sq ft – ZC licensing
from: Cannabis Commission subject: Local Cultivator 3rd Option – Response – Additions1. Two-tier cultivation2. Larger cultivations – 15,000 to 22,000 sq ft / 6 location limit with UP or ZAB hearing3. Smaller local grower priority4. Remaining 180,000 sq ft area – (6 x 22,000 sq ft) - 132,000 sq ft = 48,000 sq ft to local cultivatorsor 180,000 sq ft area – (6 x 15,000 sq ft) -90,000 sq ft = 90,000 sq ft local cultivators5. Therefore 48,000 sq ft to 90,000 sq ft available to local small grower cooperatives cultivators6. Small grower cooperatives 2,000 to 10,000 sq ft – UP licensing; under 2,000 sq ft – ZC licensing
To: Mayor and Berkeley City Council From: Berkeley Cannabis Commission Subject: Cannabis Nursery Ordinance – Licensing & Selection Date: November 17, 2017
Considerations CFDA – Proposed Nursery Regulations June 2017 / 3.7 Nursery Activities Nurseries in CDFA regs - cultivation site used solely as cannabis nurseries. Nurseries maintain plants in vegetative stage, growth period between germination & flowering – plant – no flowers/buds. Plants focus on photosynthesis & accumulating resources needed for flowering & reproduction. Some nurseries propagate from seed, most create clones - cuttings from “mother plants.” also produce seeds from mature plants.
Nursery operations - indoors / combination of outdoor, indoor, mixed-light techniques. Proposed Program -licensed nurseries meet cleanliness standards - minimize plant pests & diseases establishment & spread. 3.7.1 General Operations Nursery cultivation process involves following: 1. Preparing cutting materials & growth medium - sterilizing tools to remove cuttings (e.g., razor/sharp scissors) toreduce possibility - fungi, viruses, diseases affecting cuttings, & presoaking growing medium - pH-balanced water.2. Taking cuttings from mother plant - branch tips w/ 3+ nodes (leaves come out of individual stem), cutting off 1-2leaves at nodes (farthest from branch tip), & cutting at 45° angle (0.25” below last node). Branch tips range 2-6”.3. Treating and planting the cuttings - applying rooting product (gel/40 powder) to tip, cutting - stimulate rootgrowth. Cutting placed in growth medium (typically rockwool cubes, possibly other media - perlite & peat moss mix),& multiple cuttings placed in plastic tray. Some cultivators use perlite layer between tray & growing medium - allowspace, roots to grow once emerge from growth medium. Metal shelving units used - hold multiple trays.4. Growing cuttings until roots well established - daily lighting, temperature, moisture adjustments. Once allcuttings & growth medium placed on tray, cuttings & (when used) inside of humidity dome misted w/ water,humidity dome placed over tray. Ideal cutting climate conditions, kept at apprx. 72-80° (F) & covered, humidity domeremoved temporarily 2-3 times /day to mist cuttings & for fresh air under dome. Cuttings watered - prevent growthmedium - drying. Faster root development, heating pads placed underneath trays, if temperatures maintained in idealrange. Cuttings exposed to bright, not intense, light approximately 18-24 hrs. /day. Fluorescent lighting placed withinfew in. of plants, more intense lighting if farther from plants (2-6', depending on bulb wattage)5. Preparing rooted cuttings for transport & distribution final step in cultivation process. Once cuttings establishroots, quality assurance/quality control check completed - verify plant health, check for established roots, & inspectfor pests. Checked final cuttings placed in transport containers, distribution. Distribute within 2-3 days, roots established, some facilities held plants for several wks. - client needs. Once plants available - distribution, generallyprovided to retail dispensaries/directly to cultivators. Total time between planting cutting & distribution - rootedcannabis plant apprx. 10 days - 3 wks. Seed production - time used, cultivate for flowers, based (outdoor, indoor,mixed light). 3.7.2 Typical Equipment Used Nurseries - similar equipment, nutrient/resource, lighting, air ventilation/circulation needs - other cultivation methods. Nurseries - soil/hydroponic growth systems similar to indoor & mixed-light cultivation. Nurseries - similar lighting procedures & techniques to indoor & mixed-light cultivation operations, use more fluorescent lights than HPS. Use similar air ventilation & circulation operations - indoor/mixed-light cultivation operations.
Table ES-1. License Types
Cultivation Category Outdoor Indoor Mixed
Nursery No size Restriction No size Restriction No size restriction
Humboldt County Cannabis Land Use Ordinance Language Permitting RETAIL Cannabis Nurseries “Nursery”: licensee – produces only clones, immature plants, seeds, other agricultural products for retail/wholesale sale, used specifically for medical cannabis planting, propagation, cultivation. 55.4.8.7 Nurseries – producing commercial cannabis nursery products for retail sale, permitted use inside Coastal Zone, zoning districts CG, ML, MG, & MB, subject to Use Permit, Section conditions/limitations. Nurseries producing commercial cannabis nursery products for bulk wholesale sale/to supply retail nursery outlets permitted use in AE zoning district/ RA zoning district on parcels 5+ acres, subject to Special Permit, section conditions/limitations.
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Nurseries – Page 3Sonoma County Nursery DefinitionNursery – Cannabis: establishment produces only clones, immature plants, seeds – wholesale distribution to permitted cultivators/dispensaries – specifically for medical cannabis planting, propagation.Nursery – Retail: establishment – propagation of trees, shrubs, horticultural/ornamental plants grown under cover/outdoors for public sale. Includes commercial scale greenhouses, establishments for plant material, lawn and garden supplies, related items sale. Retail nursery not include cannabis nurseries, classified separately.Nursery – Wholesale: establishment – commercial production - trees, plants, seeds, stock, other vegetation grown on site outdoors in ground/in containers for wholesale distribution to other businesses. Wholesale nursery not include cannabis nurseries, classified separately. Wholesale nursery may include greenhouses up to 2,500 sq.ft. in size.Nursery – Wholesale Greenhouse: establishment – commercial production - trees, plants, seeds, stock, other vegetation grown within commercial greenhouse for wholesale distribution to other businesses. Wholesale greenhouse nursery not include cannabis nurseries, classified separately.
Tentative List of Current Plant Nursery 1. Lee's Florist & Nursery Address: 1420 University Ave, Berkeley CA 94702 District: 42. Berkeley Horticultural Nursery Address: 1310 McGee Ave, Berkeley, CA 94703 District: 53. East Bay Nursery Address:2332 San Pablo Ave, Berkeley, CA 94702 District: 24. Oaktown Native Plant Nursery Address:702 Channing Way, Berkeley, CA 94710 District: 2 (Note: within 300 ft ofDreamland For Kids Playground, but legal)5. Cactus Jungle Nursery and Garden Address: 1509 Fourth St, Berkeley, CA 94710 District: 1 (Note: within 300 ft ofGolden Gate Kids Preschool)6. Westbrae Nursery Address: 1272 Gilman St, Berkeley, CA 94706 District: 1 (Note: within 700 ft of RedwoodGarden Preschool)7. Spiral Gardens Address: 2850 Sacramento St, Berkeley, CA 94702 District: 2 (Note: within 900 ft of San PabloPark)8. FLORA ARTE Address: 2070 M.L.K. Jr Way, Berkeley, CA 94704 District: 4 (Note: within 900 ft of BerkeleyHigh)9. Native Here Nursery Address: 101 Golf Course Dr Tilden Regional Park, Berkeley, CA 94708, Berkeley, CA 94708District: 6?10. Oaktown Native Plant Nursery Address: 2410 Roosevelt Ave, Berkeley, CA 94703 District: 4 (Note: within 900 ftof Walden Center and School)11. Succulent & Cactus Address: 1735 Delaware St, Berkeley, CA 94703 District: 1 (Note: Within 500ft of OhloneDoggy Park)12. The Gardener Address: 1836 Fourth St, Berkeley, CA 94710 District: 1 (Note: Within 300 ft of Golestan CenterFor Language Immersion and Cultural Education)
Previous discussion
To: Honorable Mayor and Members of the City Council From: Councilmember Kriss Worthington - CONSENT CALENDAR July 25, 2017 Subject: Ordinance to Clarify City Policy on Cannabis Nurseries
RECOMMENDATION: Planning Commission & Cannabis Commission create ordinance to clarify city policy on cannabis/existing nurseries.
BACKGROUND: Considering state policies on cannabis regulation, imperative Berkeley follow such trends & clarify city policy on cannabis & existing nurseries. CA passed proposition 64 11-8-16, legalized cannabis use by adults 21 years/older. Chapter 1 of Prop.: cannabis nursery: “licensee that produces only clones, immature plants, seeds, & other agricultural products used specifically for planting, propagation, & cultivation of marijuana,”
Proposition 64 adopted zoning requirement for cannabis business. “No licensee – within 600-foot radius of school providing instruction in kindergarten, any grades 1 through 12, day care center, or youth center existing when license issued, unless a licensing authority/local jurisdiction specifies different radius.”
Chap. 20/Prop.: any CA city – right to adopt, enforce local ordinances to regulate adult use cannabis businesses. Urgent Planning Commission work with Cannabis Commission to adopt ordinances & regulations for adult use cannabis in order to emulate state progress on cannabis policy.
ENVIRONMENTAL SUSTAINABILITY Consistent with Berkeley’s Environmental Sustainability Goals and no negative impact.
Unfortunately, our commission and cultivation subcommittee have neglected to review possible nursery regulations ordinance and licensing
Currently, council member Kriss Worthington has asked (see above) for our commission input on nurseries, because he has spoken with at least 2 nursery operators hoping to be licensed by the city.
Included above: CDFA proposed Nursery Regulations, June 2017. & additional nursery regulation in other jurisdictions.
Nursery Regulation Ordinance Licensing – Berkeley Considerations -Cultivation or cannabis business; presently nurseries not included in cultivation regulation ordinance; in placeexisting permitting for cannabis businesses (planning staff input?)-Zoning locations; cultivation businesses restricted to M-Zone; lower impact of nurseries; possible comparison totesting labs; perhaps even allowed in residential-Wholesale or retail; some nurseries sell only to dispensaries; other nurseries may provide clones, seeds to individuals,private cooperatives; perhaps 2 tier licensing-CDFA nursery considerations; worthy of commission review; provide overview of operations-Public comment, commission/staff discussion; present different aspects for nursery approval-Council member Worthington; willingness for fast-tracking and agendacizing; an incentive and inspiration comparedto years of continuing cultivation regulation ordinance licensing delays-Further input; from research and contacted/questioned interested/knowledgeable parties, possibly a late itemaddition to commission Nov. '17 packet-Staff input; possible pre-meeting research, also as late item; city attorney input
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Date: 10/10/2017
To: Honorable Mayor and City Council From: Cannabis Commission Subject: SUPPLEMENT - Recommendations for Comprehensive Cannabis Regulation in Berkeley
Please accept these late supplemental recommendations of the Cannabis Commission for cannabis regulation in Berkeley.
1 – Permit “For Profit” Businesses – The Cannabis Commission recommends that Berkeley permits cannabis businesses to become for profit, as soon as possible. State law allows cannabis businesses to be “for profit,” and there is no longer any reason to require a not-for-profit status. For-Profit status allows businesses access to capital that might otherwise be unavailable to not-for-profit businesses. This would help Berkeley based businesses be competitive in an increasingly difficult marketplace.
2 – Expansion of Cultivation Beyond the M District is Necessary – Cultivation of cannabis needs to be permitted beyond the M district, which has a near zero vacancy rate. Restrictions stemming from the designation of the skate park as a “youth facility” will exacerbate this problem even further than initially anticipated.
3 – Support Equity – The Cannabis Commission supports the development of policies that lead to equity and diverse ownership in all cannabis business categories.
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ITEM VIII.A CANNABIS COMMISSION
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Open house 2017
You’re Invited!
CITY OF BERKELEY PLANNING DEPARTMENT
PRESENTS:
DECEMBER 6TH, 2017, 3PM–6PM1947 CENTER STREET, 3RD FLOOR
Meet the teaM who helps you build our City
Visit the beautifully reModeled perMit serViCe Center, learn how to subMit projeCt appliCations, and disCoVer how staff reViews your plans. see the work being done to ensure safe rental housing, and learn about the latest green energy prograMs. Meet staff who inspeCt buildings and CoMMerCial sites to ensure safe ConstruCtion and to
address toxiC ContaMination.
Refreshments, Answer Station,
Giveaways, and more!Please Note: This event is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate, including auxiliary aids or services, please contact the Disability Services Specialist at 981-6418 (V) or 981-6347 (TDD) at
least three business days before the event date. Please refrain from wearing scented products to this event.
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TO: Cannabis Commission
FROM: Elizabeth Greene, Medical Cannabis Commission Secretary
SUBJECT: Clarification of Council Referral re Cultivation Selection Process
DATE: November 16, 2017
At the July 13, 2017 meeting, the Commission developed a list of questions aimed to clarify the Council’s referral for a cultivation selection process. Staff discussed these questions with Councilmember Harrison; the questions and answers are below.
1. What is meant by “all forms of cultivators”?A: Indoor, outdoor and mixed light.
2. Can the six larger locations have multiple cultivators?A: Yes
3. Did the Council want a selection process for the six large sites as well as the smallersites? If not, what is the reasoning?A: Yes, there should be a selection process for small and large sites.
4. Do the 6 large cultivators/large cultivator sites need to be established before thesmall cultivators are selected? If so, what is the reasoning?A: No, the selection processes can occur concurrently.
5. Does “specific location limit” mean no limit on the number of cultivators smaller than15,000 sf?A: Yes. The term should have been “specific numeric limit”.
6. Is the area for small cultivators limited to 48,000 sf, or can it increase if the largercultivators do not use the maximum (22,000 sf) area permitted? (ie – if one cultivatoronly takes 15,000 sf, that leaves 7,000 sf that cannot be uses by another largecultivator.)A: The area can increase if larger cultivators do not use the entire 132,000 sf. Thiswill be determined as each individual cultivator is selected.
Staff also took the opportunity to ask why medium cultivators were identified as being between 15,000 sf and 22,000 sf, since the State’s definition includes businesses between 10,000 sf and 22,000 sf. The Councilmember did not know why the 15,000 sf number was used, and did not have a strong feeling about it. She was open to using the State’s figures.
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Cannabis Social Events This November
November 11-12High Times Cannabis CupSan Bernardino
December 9 • 10 AM - 4:30 PMCannabis 411: How To Build a Cannabis Business in California333 Madonna Rd., San Luis Obispo
November 18 • 11 AM - 10 PM3rd Annual Humboldt County CupRedwood Acres Fairground3750 Harris St. Eureka
November 18, 2017Oaksterdam 10 Year Anniversary Celebration & Award ShowScottish Rite Center Oakland, CA OaklandScottishRite.comGraduation Ceremony- 5:00-6:3010 Year Anniversary Celebration & Award Show- 7:00pm-11:00pm
PLEASE JOIN US TO CELEBRATE THE CANNABIS COMMUNITY & RECOGNIZE A DECADE OF QUALITY TRAINING FOR THE CANNABIS INDUSTRY
WHERE: Sacramento Masonic Temple, 1123 J Street, Sacramento CA 95814WHEN: Thursday, November 16, 2017, from 10 a.m. to 4 p.m.LIVE WEBCAST: Bureau to webcast meeting https://thedcapage.blog/webcasts/
Bureau of Cannabis Control (Bureau)- 1st public Cannabis Advisory Committee meeting Meeting Notice & Agenda http://bcc.ca.gov/about_us/committeeMeeting materials on the Bureau website as available.
CDFA Application Training Sessions for Cannabis Cultivation Licensing - 12:30 PM startTuesday, November 28Orange County—Santa AnaMarriott Courtyard8 MacArthur PlaceSanta Ana, CA 92707
Thursday, November 30San Bernardino CountyDouble Tree Inn285 East Hospitality LaneSan Bernardino, CA 92408
Tuesday, December 5Fresno CountyHugh M. Burns State Building2550 Mariposa Mall, Room 1036Fresno, CA 93721
Thursday, December 7Riverside CountyUC Riverside—Palm Desert Center75080 Frank Sinatra Drive, Building B114- B117Palm Desert, CA 92211
Tuesday, December 12Butte County—OrovilleButte College3536 Butte Campus Drive - Black Box TheaterOroville, CA 95965
Tuesday, November 28Yolo County—West SacramentoZiggurat Building707 3rd StreetWest Sacramento, CA 95605
Thursday, November 30Monterey County—SalinasCalifornia State University, Monterey Bay National Steinbeck Center1 Main Street, Salinas, CA 93901
Tuesday, December 5Mendocino County—UkiahUkiah Valley Conference Center200 South School StreetUkiah, CA 95482
Thursday, December 7Alameda County—OaklandElihu M. Harris State Office Building, Room 11515 Clay StreetOakland, CA 94612
Thursday, December 12Humboldt County—Eureka Sequoia Conference Center901 Myrtle AvenueEureka, CA 95501
A. 1. Subject to the licensing requirement of paragraph 3, six medical cannabis dispensaries as defined in
Section 12.26.030 shall be permitted as of right with a Zoning Certificate in C-prefixed zones if they comply with
the parking requirements applicable to the uses they include, and any security requirements promulgated by the
Chief of Police. When applicable, Zoning Certificates for medical cannabis uses shall be issued without undue
delay and following normal and expedient consideration of the permit application.
2. Medical cannabis dispensaries may not be located within 600 feet of another medical cannabis
dispensary or a public or private elementary, middle or high school. It is the intent of the voters that the
Council not adopt buffer zones from additional uses absent a compelling necessity.
3. No new medical cannabis dispensary may be approved under this Section until the City Council adopts
a licensing process and standards for medical cannabis dispensaries. Such standards may include, but
shall not be limited to, whether proposed dispensaries will provide a percentage of all usable product
dispensed at no cost to very low income patients and will provide product that is produced using organic
methods; and whether their form of organization, ownership and practices ensure equity and accountability,
low prices and an adequate supply of high quality medical cannabis to their members.
B. A medical cannabis dispensary existing and authorized as of January 1, 2010, that does not comply with
this Section, may continue at its current medical cannabis dispensing location and shall be considered a legal
nonconforming use. Notwithstanding Section 23C.04.060 or subdivision (A)(2) of this Section, the Zoning Officer
may approve an Administrative Use Permit to allow the expansion of a legal nonconforming medical cannabis
dispensary use on any parcel or on two adjacent parcels where a dispensary was located on one of the parcels
as of July 1, 2010.
C. Uses such as, but not limited to, testing, processing, and food preparation, that involve medical cannabis
as defined in Chapter 12.26 but do not involve dispensing, client, patient or member services, or cultivation
(other than for testing), shall be evaluated and regulated under this Title without regard to the fact that they
involve medical cannabis, except that no commercial facility used for medical cannabis food preparation may be
used for the preparation of any other type of food. (Ord. 7501-NS § 1, 2016; Ord. 7161-NS § 6, 2010: Ord. 7068-
NS § 4 (part), 12/08/08)
23E.72.040 Medical Cannabis Cultivation
A. Notwithstanding anything to the contrary in this Chapter, cultivation of medical cannabis as defined in
Chapter 12.26, Chapter 12.27 and the State’s Medical Marijuana Regulation and Safety Act shall be permitted as
The Berkeley Municipal Code is current through Ordinance 7569-NS, and legislation passed through September 12, 2017.
Berkeley 23C.16.060 Medical Cannabis Residential Cultivation Page 1 of 23 of 44
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a matter of right with a Zoning Certificate in the M District, subject to the following limitations:
1. Such locations shall be limited to licensed medical cannabis organizations.
2. Medical cannabis may not be dispensed, and client, patient or member services are prohibited, at such
locations.
3. No single location used for cultivation and associated uses by a licensee may exceed 22,000 square
feet, except that separate spaces used by different licensees may be aggregated on the same location.
4. The total area used for medical cannabis cultivation shall not exceed 180,000 square feet.
B. Such locations shall comply with security regulations promulgated by the Chief of Police, and the
requirements of this Chapter, and shall not be located within 600 feet of a private or public elementary, middle or
high school. Such locations may include testing, processing, manufacturing and food preparation, if permitted by
the State’s Medical Marijuana Regulation and Safety Act.
C. No medical cannabis uses may be approved under this Section until the City Council adopts a licensing
process and standards for such uses. Such standards shall include a requirement that indoor cultivation uses
provide for an energy offset through a program specified by the City to offset the net increased energy that is
used by the facility as compared to a regular industrial facility, and may include, but shall not be limited to,
whether proposed facilities will provide a percentage of all usable product cultivated at no cost to very low
income patients and will use organic methods in cultivation and processing to the maximum extent reasonable;
and whether their form of organization, ownership and practices ensure equity and accountability, low prices and
an adequate supply of high quality medical cannabis to their members. (Ord. 7464-NS § 1, 2016: Ord. 7161-NS
§ 7, 2010)
The Berkeley Municipal Code is current through Ordinance 7569-NS, and legislation passed through September 12, 2017.
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Subject: CANNABIS BUSINESS' – CURRENTLY LICENSED/LOCAL ADULT USE PERMITTING - TO OBTAIN STATE LICENSING To: Mayor and Berkeley City Council From: Berkeley Cannabis Commission Date: November 17, 2017
CONSIDERATIONS
Subject: Commercial Cannabis Regulations and Licensing Meeting Date: July 25, 2017 Item Number: 51 Submitted by: Mayor Jesse Arreguin Revised ordinances updated, reflect recently passed SB 94, Medicinal & Adult Use Cannabis Regulation & Safety Act (MAUCRSA). Trailer bill - Governor Brown 6-27, significant changes to CA commercial cannabis regulatory scheme. New law, combines medical & adult-use cannabis systems into 1 licensing structure w/ same regulatory framework governing medical & adult use facilities. Berkeley’s local licensing regulations must be consistent w/ recently adopted state law...AMENDING CHAPTER 12.23 - BERKELEY MUNICIPAL CODE - GENERAL CANNABIS REGULATION BE IT ORDAINED by Council of City of Berkeley as follows: Section 1. Chapter 12.23 of Berkeley Municipal Code amended to read as follows: Chapter 12.23 Commercial (non-medical) Cannabis General RegulationsSections: 12.23.010 Purpose & Applicability 12.23.020 Definitions 12.23.030 Operating Standards – Eligibility 12.23.040 Authority of City Manager 12.23.050 Abatement of violations 12.23.060 Severability
12.23.010 Purpose & Applicability Purpose – Chapter, collect in 1 location all definitions & general operating standards applicable to all Cannabis Organizations. Intent of Council, adopt regulations consistent w/ CA Health & Safety Code section 11362.5 (Compassionate Use Act), CA Health & Safety Code sections 11362.7-11362.83 (Medical Marijuana Program), Medicinal & Adult-Use Cannabis Regulation & Safety Act (MAUCRSA) - protect public health, safety, & welfare. Nothing in Division intended to reduce rights, qualified patient, primary caregiver, authorized by CA Health & Safety Code sections 11362.5(d) & 11362.765, individuals 21 years of age/older, authorized by AUMA Act. Division interpreted consistent w/ state law. Nothing in Division intended, authorize sale, distribution, possession, planting, cultivation, harvesting, drying, processing, manufacturing, compounding, converting, producing, deriving, or preparing of marijuana, or any other transaction, in violation of state law. Division applies to Commercial Cannabis Organizations as defined in Section 12.2X.020(J). …12.2X.020 Definitions [relevant to Adult Use cannabis business permitting]…C. "Cannabis" - same meaning as Section 26001(f), Business and Professions Code. D. “Cannabis By-Products”: delta-8-THC & cannabinol present in amounts >.2% product’s dry weight. E. “Cannabis Organization”: any licensee required by state, licensed as type “A-license” / type “M-license” pursuant Business & Professions Code & starting w/ Section 26000; CO includes Commercial Cannabis Organization & Medical Cannabis Organization ...G. “Commercial Cannabis Activity”: same meaning set forth, Section 26001(k), CA Business & Professions Code. H. “Cannabis Cultivation Business” / “Cultivation Business”: Cannabis Organization, primary activity Cultivation. I. “Cannabis Cultivation Facility”/“Facility”: building / location Commercial Cannabis cultivated. J. "Cannabis Organization"/“CO”: person req. hold lic. Div. 10 (end Section 26000), Business & Professions Code.
1. All CO’s authorized under Chapter have state lic. under Division 10, Business & Professions Code. 2. With exception - testing laboratory licenses, may be used to test cannabis & cannabis products regardless whether intended for use by individuals possessesing physician's recommendation, all licenses under Chapter bear clear designation by State indicating license for commercial marijuana adult-use cannabis activity, distinct from licensed commercial medical cannabis activity, prominently affixing an "A"/"M," respectively.
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Cannabis Businesses – Page 2...M. “Commercial Cannabis Organization”/“CCO”: licensee required, state, licensed type "A-license" - cultivation, manufacture / distribution of cannabis & cannabis products intended for adults 21+ yrs. age & do not possess physician's recommendations....Q. “Customer”: natural person 21+ yrs. age. ...T. “Edible Cannabis Product” (“Edible”): Commercial Cannabis Product intended, whole/in part, for human consumption. Edible Medical Cannabis Products not considered food, purposes of implementation CA Retail Food Code (Health & Safety Code §§ 113700 et. Seq.)/California Sherman Food & Drug & Cosmetic Act (Health & Safety Code §§ 109875 et. seq.). U. "Primary caregiver": same meaning provided in CA Health & Safety Code Section 11362.7. V. “Principal”: same meaning “Owner” under Section 26001(al)(1) of Chapter 1, Division 10 CA Business & Professions Code & rules/regulations - Bureau Cannabis Control in Department Consumer Affairs. W. “Manufacture”: same as in Section 26001(ag), Chapter 1, Division 10, CA Business & Professions Code . X. “Manufacturer”: same as Section 26001(ah), Chapter 1, Division 10, CA Business & Professions Code. “Medical Cannabis Organization” / “CCO”: any licensee required by state, licensed type "M-license" - cultivation, manufacture /distribution cannabis, cannabis products intended for Qualified Patients/Caregivers....Z. "Solvent": substance, another substance is dissolved in, forming solution. AA."Tincture": extract, Cannabis, solution of such, typically made w/ alcohol. AB."Qualified patient" same as CA Health & Safety Code, Section 11362.7…12.23.030 Operating Standards – Eligibility A. COs comply w/ CA law governing Commercial Cannabis Activity, state laws adopted, Commercial Cannabis, including, not limited to DivisionS 8 & 10 Business & Professions Code, Chapters 12.2X, 12.2X, 12.2X, Title 23 Berk. Municipal Code, any other City laws or regulations, pay all applicable state/ local taxes.
1. To extent Chapter, Chapters 12.2X, 12.2X, 12.2X more restrictive - state law, apply. Extent requirements of Chapter, Chapters 12.2X, 12.2X, 12.2X less restrictive - state law, requirements, state law apply.
B. COs only obtain Cannabis from licensees authorized to distribute cannabis under Division 10, CA Business & Professions Code no later than 2019, or otherwise provided by state law. …E. No person allowed position w/ CCO if <21, except provided State law, Chapter 12.27 / 12.25, or convicted of: 1. homicide; 2. within preceding 10 yrs., any serious/violent felony in Penal Code Section 1192.7(c), Section 667.5(c); 3. within preceding 10 yrs., violation of Penal Code Sec. 243-247, except for subdivision (a) Section 243; 4. within preceding 10 yrs., offense under Section 11361, Articles 1, 3, 5.within preceding 5 years felony violation Health & Safety Code Section 11358, Section 11359, Section 11360. F. All COs maintain contemporaneous financial, operational records sufficient to show compliance Chapter & Chapters 12.2_, 12.2_, 12.2_, state law governing medical cannabis, which records shall subject to city inspection. 12.23.040 Authority of City Manager A. City Manager & designee authority to determine nature of CO/purported CO & whether CO complies w/ any of requirements of Chapter/Chapters 12.26, 12.27, 12.23, to conduct inspections provided in Chapter 1.16. B. City Manager, designee application process. implement Chapter, Chapters 12.2_, 12.2_, 12.2_ ASAP. City Manager, designee issue regs implement Chapter, Chapters 12.2_, 12.2_ , 12.2_. C. City Manager, designee authority enter private property, perform inspections necessary, convenient implement, enforce Chap., adopt regs implement Chapter, Chapters 12.26, 12.27, 12.25. D. City, public interest, not disclosing info. containing names, addresses, SS #, tax info., security details, operating procedures applicants/licensees submitted - Chapter 12.23, 12.24, 12.25, 12.26, 12.27 outweighs public interest disclosing &, all info. submitted, license, application, Cannabis license exempt from disclosure. CA Government Code Sec. 6254. (& BMC 15.12.110 Community right to know; public records.) CA Health & Safety Code Sec. 11362.713, info. containing names, addresses, SS# patients, medical conditions, names primary caregivers, received, contained records DPH, any county DPH deemed “medical information” within meaning Confidentiality Medical Information Act (Civil Code § 56, et seq.) not disclosed by City except in accordance w/ restrictions disclosure individually identifiable indo. - Confidentiality Medical Information Act, CA Government Code Section 6254, other CA law. City finds public interest not disclosing info. w/ names, addresses, SS#, tax info., operating procedures any applicant/ licensee submitted extent Chapter 12.27 outweighs public interest disclosing, all information submitted connection w/ license, app. Medical Cannabis lic. exempt, disclosure. CA Gov. Code Soc. 6254. (see also BMC 15.12.110 Community right to know; public records.) E. City Man., former/existing Berkeley officials, administrators, employees not do w/o court order signed, judge:
Cannabis Businesses - Page 3(2) Respond request, federal agency, personal information, individual authorized Commercial Cannabis Organization possess, cultivate, transport, manufacture, sell, possess for sale Cannabis Products, if request made for investigating/enforcing fed. marijuana law. (3) Provide info., person applied/received license, engage in commercial cannabis/commercial medical cannabis activity this Chapter, MAUCRSA, MCRSA, & AUMA. (4) Transfer individual, fed. law enforcement authorities, purposes marijuana enforcement/detain individual, request federal law enforcement, conduct legal under state law, authorized under this chap.
Purposes sec., following definitions: (1) “AUMA”: Control, Regulate & Tax Adult Use Marijuana Act, approval of Prop. 64 @ 11-8-16, state gen. Election, Division 10 (end Section 26000) Business & Professions Code. (2) “MCRSA” - Medical Cannabis Regulation & Safety Act, Chapter 3.5 (end w/ Section 19300) Div. 8 Business & Professions Code, licensing Cultivators, Manufacturers, Testing Laboratories, Distributors, Dispensaries med. cannabis, Medical Cannabis Products this & Article 2.5 (commencing Sec. 11362.7) REPEALED by MAUCRSA. (3) “MAUCRSA”, Medicinal & Adult-Use Cannabis Regulation & Safety Act of 2017. 12.23.050 Abatement of violations A. Violations Chapter, Chapters 12.2_, 12.2_, 12.2_ constitute public nuisance under Chapter 1.26. City may enforce Chapter via proceedings, Chapter 1.24, Chapter 1.28, Chapter 23B.64, other law/ordinances deems appropriate. B. Notwithstanding anything to the contrary, violations of this Chapter or Chapters 12.26, 12.27, 12.23 or 12.2X shall not be punishable as public offenses to the extent that doing so would conflict with state law. 12.23.060 Severability If word, phrase, sentence, part, section, subsection, other portion, Chapter, any application thereof person/circumstance declared void, unconstitutional, invalid, such word, phrase, sentence, part, section, subsection, other portion, prescribed application thereof, severable, remaining provisions of Chapter, all applications thereof, not having been declared void, unconstitutional/invalid, remain, full force/effect. City Council declares passed this title, each section, subsection, sentence, clause, phrase thereof, irrespective any sections, subsections, sentences, clauses, phrases declared invalid/unconstitutional.
BERKELEY CANNABIS BUSINESS LICENSES – Currently listed, including dispensary cultivators •055 186601003,,,BL-004969,CANNABIS COLLECTIVE, Cannabis, EFW HEALTH, CC 3 Partnership 2437 PIEDMONT AVE # 22 BERKELEY, CA 94704-2472 Business Owner: 2437 PIEDMONT AVE. BERKELEY, CA 94704 •057 203401000,,,BL-004657,CANNABIS WHOLESALE DISTRIBUTION, Cannabis, GDO MEDS, CC 0 Corp. 2120 UNIVERSITY AVE. BERKELEY, CA 94704-1026 Business Owner: 2120 UNIVERSITY AVE, BERKELEY, CA 94704 •060 246502100,No,No,BL-052649,COLLECTIVE (CANNABIS), Cannabis, CRAFT INDUSTRIES LLC, CC 6 LLC 1474 UNIVERSITY AVE. #44 BERKELEY, CA 94708-1807 Business Owner: 2323 ROSE ST. BERKELEY, CA 94708 •060 235100107,Yes,Yes,BL-050654,MANUFACTURING & WHOLESALE OF CANNABIS PRODUCTS, Cannabis, DOC GREEN'S HEALING COLLECTIVE, CC 4 Sole Ownership 1563 SOLANO AVE. #420 BERKELEY, CA 94707, Business Owner: 1310 NINTH ST. BERKELEY, CA, 94710 BERKELEY, (37.879448,•053 159901000,,,BL-004622, MEDICAL CANNABIS COLLECTIVE, Cannabis, STONEY CREEK HEALTHWORKS, CC 2 Corp.KRISTOFER KOOI, 855 EAST LINDO AVE. CHICO CA, 95926 Business Owner: 2922 OTIS ST. E BERKELEY, CA 94703 BERKELEY, (37.855405,•,,,BL-004110,MEDICAL CANNABIS R & D LABORATORY, Cannabis, C3 LABS LLC, CC 8 Partnership C3BERKELEY, (37.880786, ZZZZZZZZZZZZZ,,,BL-008197,MEDICAL BERKELEY,
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Cannabis Businesses - Page 4•056 194200302,,,BL-006452,MEDICAL MARIJUANA PRODUCTION FACILITY, Cannabis, 5/9 PATIENTS ASSOCIATION, CC-2 Corp. 816 BANCROFT WAY BERKELEY, CA 94710-2227,Business Owner: 816 BANCROFT WAY BERKELEY, CA 94710 BERKELEY, (37.863441,•,,,BL-004661,WHOLESALE CANNABIS, Cannabis, RIVER WELLNESS, CC 0 Corp. 201 SPEAR ST. STE 1100 SAN FRANCISCO, CA 94105-6164 Business Owner: 0 VARIOUS, BERKELEY, CA 94704 BERKELEY,•057 203401000,,,BL-004636, WHOLESALE CANNABIS SALES, Cannabis, PURE SOURCE COOPERATIVE INC., CC 0 Corp. 2120 UNIVERSITY AVE. BERKELEY, CA 94704-1026 Business Owner: 2120 UNIVERSITY AVE. BERKELEY, CA 94704 BERKELEY, (37.87221, ,,,BL-004557,WHOLESALE BERKELEY,•,,,BL-004659,WHOLESALE MEDICAL CANNABIS, Cannabis, LIANA CONCEPTS INC, CC 0 Corp. 201 SPEAR ST. STE 1100 SAN FRANCISCO, CA 94105-6164, Business Owner: VARIOUS, BERKELEY, CA 94704 •,,,BL-004664,WHOLESALE MEDICAL CANNABIS, Cannabis, BLACK AND GOLD GROUP INC., CC 0 Corp.1010 DALE CREEK RD. WEED, CA 96094-9025 Business Owner: VARIOUS, BERKELEY, CA 94704
Subject: Ordinance to Clarify City Policy on Cannabis Nurseries / Current Cannabis Businesses To: Honorable Mayor and Members of the City Council From: Councilmember Kriss Worthington - CONSENT CALENDAR July 25, 2017 Recommendation: Planning Commission & Cannabis Commission create ordinance to clarify city policy on existing nurseries/cannabis businesses
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Cannabis Businesses – Page 5Proposition 64 adopted zoning requirement for cannabis business. “No licensee – within 600-foot radius of school providing instruction in kindergarten, any grades 1 through 12, day care center, or youth center existing when license issued, unless a licensing authority/local jurisdiction specifies different radius.”
Chap. 20/Prop.: any CA city – right to adopt, enforce local ordinances to regulate adult use cannabis businesses. Urgent Planning Commission work with Cannabis Commission to adopt ordinances & regulations for adult use cannabis in order to emulate state progress on cannabis policy.
Subject: Temp Rec Licenses for Existing Manufacturing BusinessFrom: [email protected] on behalf of daniel ! Sent: Wednesday, October 11, 2017 12:01 PM To: Greene, Elizabeth Elizabeth & Commission, Presentation before City Council last night - quite impressive, & taken well, I commend your obvious hard work. City Council seemed to approve allowing EXISTING MANUFACTURING LICENCEES to be granted temporary / "grandfathered in" COMMERCIAL RECREATIONAL LICENCES therefore can apply for State temporary Recreational Cannabis Manufacturing licenses available Jan 1st. Temporary commercial licenses already approved by Council for dispensaries (or will be soon), manufacturing businesses not included. As I mentioned to Council, our business & other Berkley manufacturers will be severely disadvantaged if we cannot apply for State rec. license Jan. 1. State license app. requires local license - permits Commercial Recreational sales, if we wait until spring 2018 when Berkeley Rec. ordinances scheduled for release, would not be able to apply for State Rec. licence until after. Very difficult to get products on shelves coming into Rec. market so late, dispensaries that already carry our products, including Berkeley dispensaries, must remove our products from Commercial sales because not made by "Commercial Cannabis Manufacturer". Let me know if anything I can do to make sure this crucial exception for Berkley to license EXISTING MEDICAL CANNABIS MANUFACTURES is issued temporary or "grandfathered" in COMMERCIAL RECREATIONAL MANUFACTURING LICESES proceeds in a timely manner, so that we can apply for a State license in November. Thank you kindly, Daniel Kosmal, Doc Greens Healing Collective
RECOMMENDATIONS / CURRENT CHOICES
Subject: Recommendations for Comprehensive Cannabis Regulation in Berkeley Date: 10/6/2017 To: Honorable Mayor and City Council From: Cannabis Commission
The Cannabis Commission respectfully submits the following recommendations regarding comprehensive cannabis regulation in Berkeley. ...2 -- Provisional Adult Use Licensing For Currently Licensed Cannabis Businesses – Cannabis businesses first need a local license before the state will grant a license permitting adult use retail sales. To the extent allowed under State law, the commission believes the city should issue provisional adult use licenses to pre-existing licensed cannabis businesses in the city. Under California Health and Safety Code 26070.5, local jurisdictions have the ability to issue provisional adult use retail licenses during the transition period leading to the full implementation of adult use cannabis regulation within the state. This would allow currently licensed entities within the city to prepare for full adult use implementation, and would also enable the city to capture additional tax dollars during the interim period.
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Cannabis Businesses – Page 6The relevant state law is as follows:
26070.5 (b) Any local jurisdiction may issue temporary local licenses to nonprofit entities primarily providing wholeplant marijuana and marijuana products and a diversity of marijuana strains and seed stock to low income persons so long as the local jurisdiction: (1) confirms the license applicant’s status as a nonprofit entity registered with the California Attorney General’s Registry of Charitable Trusts and that the applicant is in good standing with all state requirements governing 1 of 3 ITEM VII.A.1 CANNABIS COMMISSION OCTOBER 5TH, 2017 9 of 18 nonprofit entities; (2) licenses and regulates any such entity to protect public health and safety, and so as to require compliance with all environmental requirements in this division; (3) provides notice to the bureau of any such local licenses issued, including the name and location of any such licensed entity and all local regulations governing the licensed entity’s operation, and; (4) certifies to the bureau that any such licensed entity will not generate annual gross revenues in excess of two million dollars ($2,000,000). (c) Temporary local licenses authorized under subdivision (b) shall expire after twelve months unless renewed by the local jurisdiction. (d) The bureau may impose reasonable additional requirements on the local licenses authorized under subdivision (b).
3 – Where Should Cannabis Businesses Locate – Adult use retail, medical retail, and delivery-only dispensaries should remain or continued to be zoned in commercial areas. Existing permits for other cannabis businesses, e.g. edibles, topicals, oils, etc. have been issued in industrial zones. 4 – Which license types/permits should be issued – The Cannabis Commission supports the staff recommendation that all cannabis business license types should be permitted in Berkeley, with the exception of large cultivation licenses larger than 10,000 square feet... 6 – On The Issue Of Co-location – The current State cannabis regulations allow for contemporaneous colocation of both Medical and Adult use businesses. The commission recommends that Berkeley allow Medical and Adult use licenses to coexist with the same facility/business. The commission also recommends allowing separately licensed delivery only dispensaries to coexist at the same location, given their limited neighborhood impact and minimal spatial requirements. 7- No Additional Requirements Beyond State Regulations – The State allows for jurisdictions to create more restrictive regimes related to cannabis regulation. The Cannabis Commission recommends that Berkeley align with State minimum regulations in general, and not create a regulatory framework that is in any way more restrictive than State law. 8 – No Unnecessary Limitation On City’s Ability To Issue Additional Licenses – A current proposed draft ordinance for comprehensive cannabis regulation within Berkeley reads as follows:
H. The City Council shall establish procedures for the issuance and renewal of Commercial Cannabis Organization licenses. 2. Except as otherwise set forth in this Chapter 12.XX, the City shall not accept additional applications for Commercial Dispensary licenses until January 1, 2020.
The commission recommends that the city refrain from creating ordinance language that restricts its ability to create new licensees at any time that it deems appropriate. There is simply no need to legislate temporary monopolies in any license category. The city at its own discretion should be able to add dispensaries, or any other cannabis business, in accordance with the wishes of the community. City Council should therefore reject any effort to unnaturally limit its own flexibility with respect to deciding these issues in the future. 9 – Urgency – To the extent feasible, the commission supports urgency legislation to allow pre-existing cannabis businesses of all license types to operate in the city prior to the adoption of a comprehensive regulatory framework. The commission feels that Berkeley cannabis businesses will be at a competitive disadvantage vis-à-vis cannabis businesses in nearby cities that are quicker in implementing regulations. Thank you for your consideration.
COMMISSION SUMMARY
1. Review, adopt ordinance changes in CONSIDERATIONS2. Adopt similar process/temporary adult use permit for existing cannabis businesses as local MCDs
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Subject: MEDICAL CANNABIS CULTIVATION LICENSING & SELECTION To: Mayor and Berkeley City Council From: Berkeley Cannabis Commission Date: November 17, 2017
CONSIDERATIONS
Subject: Planning Commission Recommendations From: BMCC Letter To: BCC, February 23, 2016 Meeting,
Writing on behalf of Medical Cannabis Commission to express Commission’s unanimous support for Planning Commission’s recommended changes to Zoning Ordinance Section 23E.72.040, related to medical cannabis cultivation. The Medical Cannabis Commission support for these changes based on following reasons:
1. Many changes necessary – address compatibility w/ new State laws, passed Oct. 2015, related to medical cannabis regulations, specifically max. indoor cultivation area (22,000 sq.ft.), 600 ft. school buffer zone – cultivation sites.
2. Identifying total sq.ft – for cultivation w/ numeric limit (180,000 sq.ft.) mirrors current 6 limit locations each w/ max. size 30,000 sq.ft., restates, maximizes production area, therefore increasing taxation revenue.
3. Removing limit on cult. Locations # - allows more opportunities for smaller businesses to be established, new State laws mention specifically: Vertical Integration- Complicated restrictions to prevent vertical integration (AB 266, 19328). In general, licensees can only hold licenses- 2 separate categories. These smaller businesses will have own State licensing category under new State regs. Commission believes these changes will make the City’s existing medical cannabis cultivation ordinance more compatible with new State law, and certainly more favorable to smaller cultivation businesses which we consider to be the best suited and most likely to locate in Berkeley. In addition, commission cultivation selection process will have significant input from West Berkeley Artisans & Industrial Companies (WEBAIC), we began conversation w/ one of their members at planning commission hearings, which will continue. Thank you for your careful, serious consideration of this important issue, which should improve the quality of medicine and lower the cost to qualified medical cannabis patients, as well as provide employment and tax revenue for our community in general.
From: Councilmember Hahn:Date: January 2017 What was the rationale for allowing medical cannabis sites to be permitted by-right? I know that was in Measure T, but given that everything in T is subject to change by the Council (& it looks like much of it has been or will be changed), why was that carried forward? Staff A: Measure T was a Berkeley ballot measure that passed in 2010. It stipulated that “four medical cannabis dispensaries shall be permitted as of right with a Zoning Certificate in C prefixed zones if they comply with the parking requirements applicable to the uses they include, and any security requirements promulgated by the Chief of Police”. For cultivation businesses, Measure T specified that they “shall be permitted as a matter of right with a Zoning Certificate at 6 locations in the M District, subject to the following limitations…”. City staff carries regulations forward as specified in a ballot measure unless modified by the City Council. Historically, the Council does not modify direction from ballot measures. The City Council modified the 6 cultivation location limit in 2016.
Cannabis Cultivation Ordinance/Licensing – from CC Vice Chair Pappas – Opposing Proposed 6 Location Limit – BCC Meeting, June 27, 20171. Tax revenues- 180k sq ft (measure T, BCC- 3.15.16)- $1 million median estimate (low $658k to high $1.3 million), annual taxes - 180k sq ft cultivated vs. 132k sq ft (6 locations x 22k sq ft- new state regulation), only $165k in annual taxes if cultivation limited- 6 locations, & average each site- 5k sq ft.Lost potential tax revenue to the City- $835k- 6 cultivation sites total 30k sq ft. 2. Unnecessary restriction- locations for cultivation. Retain maximum of 180k sq ft cultivation in city. To label 6 location limit solution to “unlimited locations” is a negative connotation not applied to other 35+ use categories in West Berkeley, none have restriction on location number. Singling out this category does not recognize importance of medical cannabis cultivation regarding quality & cost for patients.
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Cultivation Licensing and Selection – Page 23. Encourage small businesses (under 5k sq ft area). These businesses have own licensing category under new state law & are better suited for Berkeley considering rentals available, lease rates & energy costs for indoor growing. Furthermore, with Berkeley’s # of parcels less 5k sq ft, city has opportunity to offer diverse group of small-business cultivators, ideal for entry level businesspersons- including African Americans & Latinos significantly hurt by War on Drugs. In Oakland, community equity considerations & ownership in cannabis business currently mandated.4. Land Use. M Zone: 72 parcels, 61 under 5k sq. ft. 85% parcels in M + MM + MU-LI Districts, less than 5k sq. ft. Only 3.5% of 4 Manufacturing Districts’ inventory used if 180k sq. ft. cultivated. Only, 0.7% of Manufacturing Districts’ land area & 0.03% of total city land area for cultivation of medical cannabis. 5. Rental Market Impact Considerations. Some new spaces not needed when current Berkeley underground cultivators seek licenses. Other vacancies - not leased for cultivation due to reluctant landlords. Communities - cannabis cultivators “gobble up” space & increase rents (e.g., Colorado Springs, Denver, Oakland) DO NOT HAVE SQ FT MAXIMUM. Therefore highly improbable, 3.5% of rentals in Manufacturing Districts- significantly increase costs, other 96.5% rental inventory. 6. Current Statewide Cultivation Proposals. Localities encouraged- initiate cultivation regulation. Cannabis Cultivation Prgm now Cal Cannabis Cultivation Licensing - preference local ordinances & regs prior Jan 1, 2018. Local Permits Required Commercial activity- BOTH state & local , permit . Grandfathering Facilities operating in compliance with local ordinances before Jan 1, 2018- operate until- license, approved or denied. Facilities operation before Jan 1, 2016 receive priority. Existing local licenses fast tracked for state license- possible local tax revenue delay avoided.7. Medical cannabis commission, Planning commission, Staff. In agreement with lack of fundamental basis & reasoning for 6 cultivation location limiting.8. BCC & mayor – lack - sensible/knowledgeable reasoning, 6 location limit, existing cultivation operations to accept regulations/taxation, reduction/ elimination residential collective cultivation. Long previous unnecessary delays.
From: Cannabis Commission Opposing 6-Location Cultivation Limit - Land Use Cultivation Cannot Overwhelm the Manufacturing Districts: • Only 3.5% of the four Manufacturing Districts’ inventory would be used if all allowable 180,000SqF were cultivated. • Similarly, only 0.7% of the Manufacturing Districts’ land area and 0.03% of total city land area would be used for cultivation of medical cannabis. • Some Manufacturing District Inventory (including warehouses) is protected solely for manufacturing businesses and, therefore, could not be used for cultivation. • Some cannabis leases will not take new space because some current underground cultivators in Berkeley will seek licenses. • Not all vacancies will be leased for cannabis because of reluctant landlords. • Oft-cited communities in which cannabis cultivators “gobble up” space and drive up rents (e.g., Colorado Springs, Denver, Oakland) DO NOT HAVE AN AGGREGATE SQUARE FOOT MAXIMUM. • It is highly improbable, therefore, that rents on 3.5% of inventory in the Manufacturing Districts would drive up rents for the other 96.5% of the inventory.
PREVIOUS DISCUSSION
Subject: Recommendation – removing numeric cultivation limitFrom: MCC Date: Nov 5, 2015 meeting, CC recommended removing numeric limit, & capping area cultivation permitted in City to 180,000 sq. ft. Numeric limit - result loss of potential space for cultivation - each location, not large as possible. Removing limit allow smaller sites established in M District w/o reducing overall area for cultivation. 180,000 sq ft limit – max. based on assumed total from existing ZO language - 6 sites with maximum of 30,000 sq ft each.
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Cultivation Licensing and Selection – Page 3Subject: Compromise Suggestion – Cannabis Cultivation Ordinance Revisions – BCC Action Item 44From: Councilmember Harrison Date: 6/27/17 Based on description in item Planning Commission considered, can City Council adopt 3rd option without returning to Planning Commission? Whatever Council decides – be noticed for another meeting for actual vote? Planning Commission Action: Planning Commission considered cultivation location quotas of 6+ at its 3-15-17 meeting. Commission voted to not recommend any specific quota number for cultivation locations to Council. Commission requested Council base any number it adopts on additional research, desire to encourage small “clean & green” businesses. (8-0-0-0, planning commission vote)
From: Cannabis CommissionDate: July 2017 Cannabis Commission (CC) recommends Berkeley City Council (BCC) oppose a 6-location limit to the number of medical cannabis cultivation sites. No other uses in West Berkeley are restricted to specific number of locations. A 6-location limit, because of recent changes in State law (22,000 sq.ft. indoor limitation), would reduce by 27% the maximum aggregate square feet allowed for cultivation, as approved by voters in 2010 & reaffirmed by BCC in February 2016. In addition, because 85% of parcels in the M + MM + MU-LI Districts less than 5,000 sq.ft., a highly likely reality is limiting location number would result in smaller cultivation amount (%) of allowable square feet. Additional consideration, Berkeley’s number of small parcels (up to 5,000 sq.ft, BMCR Type 1a, CDFA Article 3.b, “Specialty Cottage Indoor”) are ideal for entry-level, aspiring cultivation businesspeople - many of whom, judging from public comment at monthly MCC meetings, will be African Americans & Latinos, disproportionately affected by War on Drugs. Berkeley has an opportunity to take a step to address this inequity. A limit on number of locations, & thereby significant reduction in potential square footage cultivated, will sharply limit City’s ability to raise from $658,000 to $1,322,800 in new annual tax revenue. Other cities & counties are lifting cultivation bans, thereby successfully directing taxes gained from cannabis operations toward municipal problems. Here in Berkeley, from homelessness, community funding, and potholes. Thus, after 2+ years of extensive research, MCC recommends the BCC continue to support & not alter or amend its February 2016 decision & that BCC:
adopt & finalize MCC & staff cultivation ordinance & licensing recommendations maintain an effective control factor of an 180,000 aggregate square foot maximum for medical cannabis
cultivation in Berkeley, oppose limiting number of cultivation locations, for the sake of cottage industry, patient medicine quality &
price, community tax revenue benefits We urge you to read and review the carefully prepared enclosed documents. The first page provides a more detailed explanation of MCC’s reasoning on this matter. The second page provides further background & information. The two attachments provide sources & supporting material for information & data on the first two pages. A final document is in response to concerns and questions expressed at the January 31, 2017 BCC meeting. Please contact any member of the MCC for further inquiry or questions on this topic. Your appointees on the MCC should contact you on this matter. Sincerely, David Lampach, Chair, MCC
RECOMMENDATIONS/CURRENT CHOICESFrom: staff, in response, recommends Council consider one of two options:A. Maintain existing Zoning Ordinance language (180,000 sq.ft. limit, no quota on # locations); orB. Add quota – no less than 9 locations, allowing for possibility of 180,000 sq.ft. Cultivation; orC. 3rd Council option – direct staff prioritize local growers/cooperatives in permitting process / set aside some allotted sq.ft. specifically for local small growers/cooperatives. Achieved by maintaining all cultivators' 6 location limit (using max. of 132,000 of available 180,000 ft.), allocating remaining 48,000 ft. to local cultivators, cooperatives, without specific location limit.
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Cultivation Licensing and Selection – Page 4Subject: Clarification of Council Referral re: Cultivation Selection Process To: Cannabis Commission From: Elizabeth Greene, Medical Cannabis Commission Secretary Date: November 16, 2017 July 13, 2017 meeting, Commission developed questions to clarify Council’s referral for cultivation selection process. Staff discussed w/ Councilmember Harrison; questions & answers below. 1. What is meant - “all forms of cultivators”? A: Indoor, outdoor, mixed light. 2. Can 6 larger locations have multiple cultivators? A: Yes 3. Did Council want selection process for 6 large sites & smaller sites? If not, what reasoning? A: Yes, there should be selection process, small & large sites. 4. Do 6 large cultivators/large cultivator sites need establishing before small cultivators selected? If so, what reasoning? A: No, the selection processes can occur concurrently. 5. Does “specific location limit” mean no limit on # of cultivators smaller than 15,000 SF? A: Yes. Term should have been “specific numeric limit”. 6. Area, small cultivators, limited to 48,000 sf ? Or increase if larger cultivators do not use max. (22,000 sf) area permitted? (ie – if 1 cultivator only takes 15,000 sf, 7,000 sf that cannot be used by another large cultivator.) A: Area - increase if larger cultivators not use entire 132,000 sf. Determined as each individual cultivator selected. Staff asked why medium cultivators were identified as being between 15,000 s.f. and 22,000 sf, since State’s definition includes businesses between 10,000 sf and 22,000 sf. Councilmember did not know why 15,000 sf was used. Open to State’s figures.
Subject: Comprehensive Berkeley Cannabis RegulationsFrom: vice chr. Pappas, Berk. cannabis com. Cultivation – Ordinance23E.72.040 Medical Cannabis CultivationA. ...Cultivation of medical cannabis defined, Chapter 12.26, Chapter 12.27 & State’s Medical Marijuana Regulation & Safety Act permitted - matter of right with Zoning Certificate in M District, subject to following limitations:1. Such locations limited to licensed medical cannabis organizations.2. Medical cannabis may not be dispensed, & client, patient/member services prohibited. 3. No single location used for cultivation & associated uses by licensee may exceed 22,000 sq.ft., except separate spaces used by different licensees may be aggregated on same location.4. Total area for medical cannabis cultivation not exceed 180,000 sq.ft..B. Locations comply w/ security regulations promulgated by Police Chief, & these requirements, & not located within 600 ft. of private / public elementary, middle / high school. Locations may include testing, processing, manufacturing & food preparation, if permitted by State’s Medical Marijuana Regulation & Safety Act.C. No medical cannabis uses approved under this Section until City Council adopts licensing process & standards for uses. Standards include requirement indoor cultivation uses provide energy offset through program specified by City to offset net increased energy used by facility compared to a regular industrial facility, & may include whether proposed facilities provide percentage of all usable product cultivated at no cost to very low income patients & will use organic methods in cultivation & processing to maximum extent reasonable; & whether their form of organization, ownership & practices ensure equity & accountability, low prices & adequate supply of high quality medical cannabis to members. Cultivation/LicensingA. Two-tier cultivation 1. Larger cultivations – 15,000 to 22,000 sq ft / 6 location limit with UP or ZAB hearingB. Smaller local grower priority 1. Remaining 180,000 sq ft area – (6 x 22,000 sq ft) - 132,000 sq ft = 48,000 sq ft – smaller local cultivators, or a. 180,000 sq ft area – (6 x 15,000 sq ft) -90,000 sq ft = 90,000 sq ft smaller local cultivators 2. Therefore 48,000 sq ft to 90,000 sq ft available to local small grower cooperatives cultivators 3. Small grower cooperatives 2,000 to 10,000 sq ft – UP licensing; under 2,000 sq ft – ZC licensing
From: Cannabis Commission Subject: Local Cultivator 3rd Option – Response – Additions1. Two-tier cultivation2. Larger cultivations – 15,000 to 22,000 sq ft / 6 location limit with UP or ZAB hearing3. Smaller local grower priority 4. Remaining 180,000 sq ft area – (6 x 22,000 sq ft) - 132,000 sq ft = 48,000 sq ft to local cultivatorsor 180,000 sq ft area – (6 x 15,000 sq ft) -90,000 sq ft = 90,000 sq ft local cultivators5. Therefore 48,000 sq ft to 90,000 sq ft available to local small grower cooperatives cultivators6. Small grower cooperatives 2,000 to 10,000 sq ft – UP licensing; under 2,000 sq ft – ZC licensing
Commission Statement re: cultivation ordinance/licensing and permit selection process In conclusion, the commission respectfully reminds the current mayor and city council of over 3 years delaying approval of the cultivation ordinance (for the sake of “waiting for state regulations”), and since January 31, the delay in approving a license and permit selection process for a limited (M-Zone) area of the city where cannabis cultivation is permitted according to Measure T (2010). Please act on the cannabis commission recommendations.
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Subject: CANNABIS DELIVERY-ONLY DISPENSING – ORDINANCE/LICENSING & SELECTIONTo: Mayor and Berkeley City Council From: Berkeley Cannabis Commission Date: November 17,2017
CONSIDERATIONS
Subject: Language related to deliveries, Delivery DefinitionFrom: MCRSA, Assembly Bill No. 266, CHAPTER 68919300.5... (m) “Delivery”: commercial transfer of medical cannabis/medical cannabis products from dispensary, to amount determined by bureau to primary caregiver/qualified patient defined Sec. 11362.7 Health & Safety Code, or testing laboratory. “Delivery” includes use by dispensary of technology platform owned & controlled by dispensary / independently licensed - enables patients / caregivers to arrange for / facilitate commercial transfer by licensed dispensary of medical cannabis / medical cannabis products...Article 9. Delivery 19340. (a) Deliveries - only made by dispensary in city, county, city, county not explicitly prohibit. (b) Upon licensing authority approval, licensed dispensary delivering medical cannabis / med. can. products comply w/ both of following:
(1) City, county, city, county where licensed dispensary located, where deliveries, do not prohibit delivery.(2) Dispensary employees delivering medical cannabis / med. can. products carry copy of dispensary license authorizing those services during deliveries & employee’s government-issued ID, present license, ID upon request – state, local law enforcement, regulatory authority employees, & other state, local agencies enforcing this chapter.
(c) County has authority impose tax, on each delivery transaction completed by licensee. (d) During delivery, licensee maintain physical copy - delivery request, make it available, request of licensing authority & law enforcement officers. Delivery request documentation comply w/ state, federal law regarding protection of confidential medical info. (e) Qualified patient / primary caregiver requesting delivery maintain copy of delivery request, make it available, on request, to licensing authority & law enforcement officers. (f) Local jurisdiction not prevent medical cannabis carriage / med. can. products on public roads by licensee acting in compliance with chapter.
Subject: Proposed changes to the Berkeley Municipal Code related to Delivery-Only Dispensaries Source: MCC Date: April 6, 2017
12.23.020 Definitions H. 1. “Dispensary” means both Retail Dispensaries, Delivery-Only Dispensaries. 3. “Delivery-Only Dispensary”, Dispensary limited to acquiring Medical Cannabis, related products, delivering it to Members, not have location where Members acquire Medical Cannabis, any other good / service.12.27.115 Delivery-Only Dispensaries – Delivery requirements A. In addition to 6 existing Retail Dispensaries, under Berkeley Municipal Code Section 12.26.130, any Retail Dispensaries selected under Sec. 12.27.100, unlimited number of D-oD permitted, on a first-come, first-served basis. B. Delivery-Only Dispensaries comply w/ requirements Chapter 12.23 & Chapter applicable, Dispensaries except those determined by City Manager inapplicable to Delivery-Only Dispensaries because of nature their operation. C. Delivery-Only Dispensaries shall only allowed in zoning districts where specifically permitted. D. Dispensaries providing delivery services comply w/ the following requirements, as well as all applicable requirements of state law. In event of conflict, state law shall prevail. 1. Delivery vehicles maintained & operated manner & condition required by law, applicable regulations. 2. May not drive delivery vehicles: a. not possess valid driver’s license; b. at fault within 2 years preceding app. in any motor vehicle accident causing death / personal injury; c. at fault in 3+ accidents within previous 12 months. d. under suspension, revocation, probation within 5 yrs. by DMV for cause, safe operation of motor vehicle; e. convicted any following misdemeanors within 5 yrs.: DUIs / reckless driving involving alcohol / reckless driving involving bodily injury; f. convicted of any: 2nd / subsequent conviction for DUI, felony conviction for DUI (with / without injury), vehicular manslaughter, habitual traffic offender.
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Delivery-only Dispensaries – Page 23. not involved in deliveries: a. registered sex offender; b. within 10 years - felony conviction involving moral turpitude. 4. must have in copy of document memorializing City’s service delivery approval. 5. may not be armed. 6. Vehicle not advertise Cannabis activity or Dispensary. 7. Medical Cannabis Delivery directly to residence / business address of Member unless residence / business in park, school / hospital. Deliveries to other locations prohibited. 8. Deliveries only between hours 8:00 a.m. - 11:00 p.m. 9. Delivery vehicle not carry / transport more than $3,000 total $3,000 worth medical cannabis, at 1 time. 10. Orders packaged by name / ID # of deliveree Member. 11. Deliverer have copy of record of all delivery requests while making deliveries. 12. Signage advertising D-oD / referencing cannabis, including symbols e.g. cannabis leaf / green cross, prohibited at D-oD. 13. Signage advertising dispensary / referencing cannabis, including symbols e.g. a cannabis leaf / green cross, prohibited on delivery vehicle. 14. Dispensaries providing delivery service always maintain Commercial General Liability providing coverage at least broad as ISO CGL Form 00 01 on occurrence basis for bodily injury, including death, of 1+ persons, property damage & personal injury w/ limits of not less than $1 million per occurrence & Comprehensive Automobile Liability (owned, nonowned, hired) providing coverage at least broad as ISO Form CA 00 01 on occurrence basis for bodily injury, including death, of 1+ persons, property damage & personal injury, w/ limits of not less than $1 Million. Commercial General Liability policy provide contractual liability, include severability of interest / equivalent wording, specify insurance coverage afforded to City primary, & name City, officials, employees as additional insured. Failure to always maintain insurance grounds for immediate suspension of privilege of providing delivery service.
PREVIOUS DISCUSSION
Subject: Delivery-only Dispensary Regulation From: Nasser Azimi, President Ohana Operations Date: February 22, 2017
Honorable Members of the Berkeley Medical Cannabis Commission (MCC)
We are very pleased to learn that City of Berkeley is considering regulations for Delivery-Only dispensaries. We appreciate the opportunity to share our experience, lessons learned, and proven industry standards from other jurisdictions that have already legalized marijuana delivery. Ohana Gardens’ leadership has over 8 years of experience in the marijuana industry, with emphasis on Cultivation and Delivery-Only Dispensaries, and over 25 years of technology integration into private and public business models. Over the past 3 years, our collective experience, research, and careful business planning has culminated into a state of the art and systemic approach for Delivery-Only Dispensary business model that includes, but is not limited to:
1. Patient and driver safety and security; 2. Discreet operations with near invisibility and no public access or signage; 3. Multi-level patient verification; 4. GPS Route Management with No-Delivery zones near schools or parks; 5. Transparent and auditable accounting of all transactions through the point of sale.
We are encouraged by the progress City of Berkeley has made to regulate marijuana business operations, in particular Delivery-Only Dispensaries. Delivery-Only business models that are based on proven industry standards are already in motion across a number of jurisdictions in California and Oregon. The entities involved are helping provide a good solution for jurisdictions that are rightly concerned about community complaints regarding the visibility of storefronts to our kids and neighborhoods, while expanding the City’s reach to capture tax revenue from neighboring jurisdictions that banned storefronts but allow deliveries via permitted entities from neighboring jurisdictions.
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Delivery-only Dispensaries – Page 3
As a responsible Berkeley-based operator with presence in other jurisdictions that have legalized marijuana, we would like to share some concerns about limiting the number of delivery-only dispensaries to 10 and the first-come-first-serve permitting procedures. Based on our experience and research, many jurisdictions have already experienced negative consequences associated with such policies and are now recovering from loss of tax revenue, procedural chaos, and unexpected liabilities associated with anti-trust matters. As such, we offer the following analysis of the advantages and disadvantages of such policies and alternative solutions that streamlined access to safe medicine in many other jurisdictions while empowering responsible operators to succeed.
Based on our experience, first-come-first-serve policies create inequities that mostly favor well capitalized entities to position themselves to be the “first in line” due to their financial capacity that is proven to outperform less capitalized start-up entities with responsible and experienced operators. Furthermore, use of a first-come-first-serve policy combined with a limitation of 10 licenses will clearly risk survival of existing Delivery-Only dispensary operators in Berkeley who have taken the initiative to create jobs and support the state and local tax revenue. If any of these entities does not make the top 10, they would have to close shop and terminate their tax paying sales and jobs.
Based on historical developments within other jurisdictions, zoning requirements combined with limited supply of Delivery-Only Dispensary facilities, will create market-driven limits and/or consolidation resulting in self-regulation of a limit that will eventually enable the most responsible operators to succeed regardless of size. Another disadvantage of limiting Delivery-Only Dispensaries is that it will undoubtedly entice dispensaries outside the City of Berkeley to compete and outperform the local Berkeley operators via their delivery services. If Berkeley limits the number to 10, well capitalized outside entities will have a limited base of competition in Berkeley and therefore can dominate the patient-base accordingly. However, if the City establishes no limits or at least a limit that correlates with a reasonable population density of the City districts or neighborhoods, that would provide a broader choice of medicine to patients while disturbing or limiting outside entities’ ability to compete within Berkeley and therefore keeping the tax revenue in the City!
Although banning outside entities from delivering within the city limits is an option, the enforcement costs of such a local law will clearly offset the benefits. In addition, if limiting is perceived to cause any sort of competitive imbalance by the well capitalized entities, the liabilities associated with a possible anti-trust legal action can also quickly offset the benefits.
Instead of the possible chaos that can result from first-come-first-serve permitting procedures, a point-based application review and evaluation maybe a more prudent and objective approach. Such approaches are objective because they put the burden of presenting and establish a sound operational capacity upon the operators rather than using public policies and the ensuing liabilities to do so. Such approaches are also equitable because they won’t give well capitalized entities the leverage to outperform responsible start-ups.
A point based system would place the burden of defining a credible and responsible operation upon the operators and would also prevent the chaos associated with entities “Camping out” in front of city hall to be the first or the first 10 to submit their application. With a point based system, the City would define proven industry standards as an operational framework for Delivery-Only applicants to meet industry standards for security, public safety, cash management, community outreach, etc. City of Berkeley could then require the operators to define detailed plans and procedures that are filed with their application to describe how they specifically will meet the City’s requirements of compliance with the industry standard framework. Using appropriate criteria for each component of the framework, City staff reviewing Delivery-Only Dispensary applications would assign points based on predefined criteria.
Example of criteria that are based on industry standards can include, but not be limited to: 1. Public safety 2. Facility security 3. Environment, resource, and odor management 4. Community engagement and outreach 5. Business and jobs growth plan 6. Crime fighting or reduction plan 7. Automated Track and trace transparency and auditability from seed/clone to sale 8. Cash management inside and outside of the facility (armored service?) 9. Fair treatment of employees or support of labor unions that can legitimize legalization
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Delivery-only Dispensaries – Page 4
Example of a scoring system can include, but not be limited to: 0 Point for undefined compliance with industry standard framework 1 Point for defined compliance that falls below the industry standards 2 Points for defined compliance that meets industry standards 3 Points for defined compliance that exceeds industry standards
Another alternative to a point based system or first-come-first-serve that would also prevent possible chaos and unanticipated liabilities would be for the city to establish a registration deadline for interested or currently operating applicants to register their respective business and business location within the City of Berkeley by a reasonable deadline of up to 30 calendar days. Registration would give the City a good view of the level of interest, identification of facility locations, number of jobs, etc. in order to ensure that responsible existing operators are not forced out of business which would result in loss of local jobs and possible loss of tax revenue to other jurisdictions.
We appreciate the opportunity to share our operational experience with you and look forward to working with you on the City’s Delivery-Only Dispensary regulations.
Please let me know if you have any questions. My contact information is (916) 757-4892 or [email protected] Sincerely Nasser Azimi, President Ohana Operations
Subject: Delivery-only Dispensary issues
To: Medical Cannabis Commission, Cultivation, AUMA and Delivery-Only Dispensaries Subcommittee From: Elizabeth Greene, Secretary Date: February 22, 2017 Feb 2, 2017 MCC meeting, MCC questions, to proposed delivery-only dispensary ordinance. Below these ideas, along w/ ideas from staff designed to focus subcommittee discussion on topic. Staff will review all changes w/ City Attorney. Staff suggests you consider these issues w/ following questions in mind: 1. Important to address issue in ordinance? 2. If yes, does MCC have adequate info for decision? 3. If additional info necessary to address issue, what info? Is answer difficult to obtain? Does answer exist? 4. Important to delay final decision on ordinance language to search for information? Issues mentioned at the February 2, 2017 MCC meeting. Staff provided responses when related to language in ordinance. 1. 12.27.115.D.2 & 3 – should crimes mentioned here be folded into Chapter 12.23 w/ other crimes. (Staff recommends these crimes remain in this ordinance because only relate to delivery-only dispensaries.) Subcommittee thinks these crimes should remain in ordinance, but should be look-back period. 5 yrs. recommended. Someone convicted of DUI 20 yrs. ago precluded from being driver. Seems inconsistent w/ fairness, spirit of rules. 2. 12.27.115.D.7 – remove term “of marijuana” – business should not deliver non-medical cannabis products outside proscribed delivery hrs. Subcommittee agreed.4. Should other uses be added to delivery-only dispensary definition ? (Staff is also looking into this.) Subcommittee believes definition should read as follows: “Delivery-Only Dispensary” Dispensary limited to delivering Medical Cannabis, related products / services to Members, does not have location Members may come to acquire Medical Cannabis. Further info sought as to why certain types of services couldn’t be offered @ business location (i.e. counseling services). Subcommittee thought patients should be allowed to visit delivery service location to inspect for cleanliness, for purpose of registering w/ delivery & other forms of patient inquiry.5. Should language specifying a) delivery services only deliver to patient and/or b) driver will verify patient ID at delivery time be added to ordinance? (Staff checking w/ City Attorney whether this necessary.) Subcommittee agrees. 6. Additional security requirements to protect drivers (require 360° cameras, etc.)? Subcommittee felt question should be asked in next MCC meeting during David Hua presentation. 7. Should definition be amended, indicate products used w/ medical cannabis (papers, bongs) delivered as well as actual med. can.? Yes. See #4 above.
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Question from staff:
1. Any other issues should be considered in ordinance? Yes. This question should be asked of David Hua at next MMC meeting. Subcommittee - drivers should be allowed more inventory than specifically ordered by patients during delivery routes. Patients will often reject products ordered in favor of others. Also, environmental, communal impacts of back & forth trips significantly heightened. Subcommittee recommends city should look into monetary cap per car (i.e. San Jose requires each car carry no more than $3000 product at any time).
2. Selection or application process, or should licenses issued on first-come/first-served basis? Does answer change if there is limit on # of D-oDs? If a selection process desired, what would MCC like to see in process, remembering more detailed info. required, slower process. Staff would evaluate, give comments on any selection process (legality of process, availability of staff to review applications, etc.) Subcommittee not support limit in # of licenses, or in alternative - if there is limit, selection process utilized. Justification for no cap, # of licenses hinges on fact from consumer perspective, no difference between in-city or out-of-city delivery service. Demand for delivery-based products exactly the same whether or not products originated in city. Therefore, same # of cars on road, limit or no-limit. Question then whether city interested in tax revenue. Limit simply denies city tax revenue, not changing amount of deliveries occurring. Seemed most sensible to not have limit on delivery services, since these businesses essentially nondescript, render low impact on surrounding neighborhoods. If there were limit, subcommittee felt a selection process should be used. Several delivery businesses attending meetings, helping inform process, interacting in community. Should have chance to operate in Berkeley. No selection process, limit would turn licensing process into race to permit office on first day of licensing, seemed illogical & inconsistent with community approach. Staff also looking into how City licenses businesses based outside City providing services within City (landscapers, housecleaning services, etc.) Delivery services subject to same licensing requirements these businesses have. Subcommittee would like to know more about how out-of-town service providers regulated, taxed. Enforcement mechanism? Staff- MRCSA (AB 266) language relating to delivery services.
V11. Discussion and Action Items A. Discuss Delivery-only Dispensaries and selection process.Date: March 2, 2017- Berkeley Cannabis Commission meeting Chair Lampach introduced David Hua, co-founder of Meadow, a platform for delivery-only dispensaries. David Hua presented information- Meadow & his knowledge about other jurisdictions handle delivery-only dispensaries. Meadow is a cannabis technology company that created a software that help dispensaries manage inventory, sales, and deliveries. Delivery dispensaries give the ability to deliver in areas that don’t allow storefronts. The software allows the dispensary to track its drivers and most deliveries arrive in about 36 minutes. In San Jose, drivers must be badged by the police department, drivers cannot carry weapons, and drivers can only have $3,000 worth of medical cannabis product in their trunk. With Meadow, each driver has a smart phone with the Meadow app and GPS, the products are stored in lock box in the trunk, driver has a backpack to take to door for delivery, and drivers do not go inside the destination. With Meadow, orders have to be made through a dispensaries and then the dispatcher will contact a driver and a label can be made in the trunk of a driver, but the software still tracks every step of the order. Drivers are required to check the license of the client with the address of the order. Meadow has only had a couple of instances where there were snatch-and-grabs, but no violent situations. In San Jose, most of the start locations of delivery-only dispensaries are located in industrial areas or commercial areas that are outside the main downtown areas. In regards to security, drivers have secure storage boxes in their trunks. In regards to traffic, delivery-only dispensaries do not increase traffic in areas, they can be compared to pizza delivery businesses. In regards to odors, the products are typically already packaged and therefore, delivery will cause little or no odors, compared to cultivation and manufacturing of the products. With Meadow, all clients must sign up online and provide their medical cannabis documents. Cities with delivery-only dispensaries require the following for their applications for a license: location of operation, type of vehicles, insurance, security plan, training programs, and best practices. In San Francisco, delivery-only dispensaries are required to get approval from Health Department and then a Use Permit with a Public Hearing. In some cities multiple delivery-only dispensaries can operate out of one location.
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RECOMMENDATIONS/CURRENT CHOICES
Subject: Recommendations for Comprehensive Cannabis Regulation in Berkeley Date: 10/6/2017 To: Honorable Mayor and City Council From: Berkeley Cannabis Commission Cannabis Commission submits following recommendations regarding comprehensive cannabis regulation in Berkeley.
1 – Approve Current Delivery-Only Dispensary Ordinance – Best interest of city to enact, implement current draft delivery-only cannabis dispensary ordinance. Current draft ordinance reviewed by Cannabis Commission, appropriate zoning recommended by Planning Commission. Under draft ordinance, delivery-only dispensaries not have to undergo selection process, little additional impact on city staff, other related city infrastructure. Delivery-only dispensaries already operating in Berkeley & surrounding cities. Commission meetings have included great deal of public comment, input from unlicensed delivery-only dispensary operators seeking regulation, licensing. Generally nature of these businesses - make deliveries where licensed & surrounding cities. E.g., delivery-only dispensaries licensed in Oakland already deliver cannabis products to Berkeley, vice versa.Therefore, whether Berkeley chooses to enact ordinance approving delivery-only dispensaries, this type of commerce will occur within city limits & consumer demand will be basically same. Cannabis Commission - in city’s interest to enact quickly draft delivery-only dispensary ordinance, to capture tax revenue, inevitably lost to other cities in absence of regulation...4 – Which license types/permits should be issued – Cannabis Commission supports staff recommendation all cannabis business license types permitted in Berkeley, with exception of large cultivation licenses >10,000 sq.ft. 6 – Co-location – Current State cannabis regulations allow for contemporaneous co-location of Medical & Adult use businesses. Commission recommends Berkeley allow Medical & Adult use licenses to coexist w/ same facility/business. Commission recommends allowing separately licensed delivery-only dispensaries to coexist at same location, given limited neighborhood impact & minimal spatial requirements. 7- No Additional Requirements Beyond State Regulations – State allows for jurisdictions to create more restrictive cannabis regulation regimes. Cannabis Commission recommends Berkeley align State min. regulations in general, not create regulatory framework more restrictive than State law. 8 – No Unnecessary Limitation On City’s Ability To Issue Additional Licenses – A current proposed draft ordinance for comprehensive cannabis regulation within Berkeley as follows:
1. City Council establish procedures issuance, renewal Commercial Cannabis Organization licenses.2. Except as otherwise set forth in this Chapter 12.XX, City shall not accept additional applications for Commercial Dispensary licenses until January 1, 2020.
Commission recommends city refrain from creating ordinance language restricting ability to create new licensees at any time it deems appropriate. No need to legislate temporary monopolies, any license category. City at its own discretion should be able to add dispensaries, any other cannabis business, in accordance w/ wishes of community. City Council should therefore reject efforts to unnaturally limit own flexibility in deciding these issues in future. 9 – Urgency – Commission supports urgency legislation to allow pre-existing cannabis businesses of all license types to operate in city prior to adoption of comprehensive regulatory framework. Commission - Berkeley cannabis businesses competitive disadvantage vis-à-vis cannabis businesses in nearby cities quicker in implementing regulations. Thank you for your consideration, David Lampach, chairman Berkeley Cannabis Commission
COMMISSION SUMMARY
1 – Adopt ordinance definitions and langauage from MRSCA/AB 2662 – Adopt licensing selection process, commission recommendations3 – Attempt Counsil review and approval before January 1, 2018
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Subject: CANNABIS NURSERY ORDINANCE – LICENSING & SELECTIONTo: Mayor and Berkeley City Council From: Berkeley Cannabis Commission Date: November 17, 2017
CONSIDERATIONS CFDA – Proposed Nursery Regulations June 2017 / 3.7 Nursery Activities Nurseries in CDFA regs - cultivation site used solely as cannabis nurseries. Nurseries maintain plants in vegetative stage, growth period between germination & flowering – plant – no flowers/buds. Plants focus on photosynthesis & accumulating resources needed for flowering & reproduction. Some nurseries propagate from seed, most create clones - cuttings from “mother plants.” also produce seeds from mature plants. Nursery operations - indoors / combination of outdoor, indoor, mixed-light techniques. Proposed Program - licensed nurseries meet cleanliness standards - minimize plant pests & diseases establishment & spread. 3.7.1 General Operations Nursery cultivation process involves following: 1. Preparing cutting materials & growth medium - sterilizing tools to remove cuttings (e.g., razor/sharp scissors) to reduce possibility - fungi, viruses, diseases affecting cuttings, & presoaking growing medium - pH-balanced water. 2. Taking cuttings from mother plant - branch tips w/ 3+ nodes (leaves come out of individual stem), cutting off 1-2 leaves at nodes (farthest from branch tip), & cutting at 45° angle (0.25” below last node). Branch tips range 2-6”. 3. Treating and planting the cuttings - applying rooting product (gel/40 powder) to tip, cutting - stimulate root growth. Cutting placed in growth medium (typically rockwool cubes, possibly other media - perlite & peat moss mix), & multiple cuttings placed in plastic tray. Some cultivators use perlite layer between tray & growing medium - allow space, roots to grow once emerge from growth medium. Metal shelving units used - hold multiple trays.4. Growing cuttings until roots well established - daily lighting, temperature, moisture adjustments. Once all cuttings & growth medium placed on tray, cuttings & (when used) inside of humidity dome misted w/ water, humidity dome placed over tray. Ideal cutting climate conditions, kept at apprx. 72-80° (F) & covered, humidity dome removed temporarily 2-3 times /day to mist cuttings & for fresh air under dome. Cuttings watered - prevent growth medium - drying. Faster root development, heating pads placed underneath trays, if temperatures maintained in ideal range. Cuttings exposed to bright, not intense, light approximately 18-24 hrs. /day. Fluorescent lighting placed within few in. of plants, more intense lighting if farther from plants (2-6', depending on bulb wattage)5. Preparing rooted cuttings for transport & distribution final step in cultivation process. Once cuttings establish roots, quality assurance/quality control check completed - verify plant health, check for established roots, & inspect for pests. Checked final cuttings placed in transport containers, distribution. Distribute within 2-3 days, roots established, some facilities held plants for several wks. - client needs. Once plants available - distribution, generally provided to retail dispensaries/directly to cultivators. Total time between planting cutting & distribution - rooted cannabis plant apprx. 10 days - 3 wks. Seed production - time used, cultivate for flowers, based (outdoor, indoor, mixed light). 3.7.2 Typical Equipment Used Nurseries - similar equipment, nutrient/resource, lighting, air ventilation/circulation needs - other cultivation methods. Nurseries - soil/hydroponic growth systems similar to indoor & mixed-light cultivation. Nurseries - similar lighting procedures & techniques to indoor & mixed-light cultivation operations, use more fluorescent lights than HPS. Use similar air ventilation & circulation operations - indoor/mixed-light cultivation operations.
Table ES-1. License Types
Cultivation Category Outdoor Indoor Mixed
Nursery No size Restriction No size Restriction No size restriction
Humboldt County Cannabis Land Use Ordinance Language Permitting RETAIL Cannabis Nurseries “Nursery”: licensee – produces only clones, immature plants, seeds, other agricultural products for retail/wholesale sale, used specifically for medical cannabis planting, propagation, cultivation. 55.4.8.7 Nurseries – producing commercial cannabis nursery products for retail sale, permitted use inside Coastal Zone, zoning districts CG, ML, MG, & MB, subject to Use Permit, Section conditions/limitations. Nurseries producing commercial cannabis nursery products for bulk wholesale sale/to supply retail nursery outlets permitted use in AE zoning district/ RA zoning district on parcels 5+ acres, subject to Special Permit, section conditions/limitations.
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Nurseries – Page 2Sonoma County Nursery DefinitionNursery – Cannabis: establishment produces only clones, immature plants, seeds – wholesale distribution to permitted cultivators/dispensaries – specifically for medical cannabis planting, propagation.Nursery – Retail: establishment – propagation of trees, shrubs, horticultural/ornamental plants grown under cover/outdoors for public sale. Includes commercial scale greenhouses, establishments for plant material, lawn and garden supplies, related items sale. Retail nursery not include cannabis nurseries, classified separately.Nursery – Wholesale: establishment – commercial production - trees, plants, seeds, stock, other vegetation grown on site outdoors in ground/in containers for wholesale distribution to other businesses. Wholesale nursery not include cannabis nurseries, classified separately. Wholesale nursery may include greenhouses up to 2,500 sq. ft. in size.Nursery – Wholesale Greenhouse: establishment – commercial production - trees, plants, seeds, stock, other vegetation grown within commercial greenhouse for wholesale distribution to other businesses. Wholesale greenhouse nursery not include cannabis nurseries, classified separately.
Tentative List of Current Plant Nursery 1. Lee's Florist & Nursery Address: 1420 University Ave, Berkeley CA 94702 District: 42. Berkeley Horticultural Nursery Address: 1310 McGee Ave, Berkeley, CA 94703 District: 5 3. East Bay Nursery Address:2332 San Pablo Ave, Berkeley, CA 94702 District: 2 4. Oaktown Native Plant Nursery Address:702 Channing Way, Berkeley, CA 94710 District: 2 (Note: within 300 ft of Dreamland For Kids Playground, but legal) 5. Cactus Jungle Nursery and Garden Address: 1509 Fourth St, Berkeley, CA 94710 District: 1 (Note: within 300 ft of Golden Gate Kids Preschool) 6. Westbrae Nursery Address: 1272 Gilman St, Berkeley, CA 94706 District: 1 (Note: within 700 ft of Redwood Garden Preschool) 7. Spiral Gardens Address: 2850 Sacramento St, Berkeley, CA 94702 District: 2 (Note: within 900 ft of San Pablo Park) 8. FLORA ARTE Address: 2070 M.L.K. Jr Way, Berkeley, CA 94704 District: 4 (Note: within 900 ft of Berkeley High) 9. Native Here Nursery Address: 101 Golf Course Dr Tilden Regional Park, Berkeley, CA 94708, Berkeley, CA 94708 District: 6? 10. Oaktown Native Plant Nursery Address: 2410 Roosevelt Ave, Berkeley, CA 94703 District: 4 (Note: within 900 ft of Walden Center and School) 11. Succulent & Cactus Address: 1735 Delaware St, Berkeley, CA 94703 District: 1 (Note: Within 500ft of Ohlone Doggy Park) 12. The Gardener Address: 1836 Fourth St, Berkeley, CA 94710 District: 1 (Note: Within 300 ft of Golestan Center For Language Immersion and Cultural Education)
PREVIOUS DISCUSSION
Subject: Berkeley City Council should allow ‘nursery only’ dispensariesFrom: Berkeleyside.com op-ed(http://www.berkeleyside.com/2017/01/30/op-ed-berkeley-city-council-allow-nursery-dispensaries/)By: Rick Kelley, Matthew Witemyre, & Natalie Koski-KarellDate: Jan. 30, 2017, 2 p.m.
Cannabis nurseries can provide an alternative to industrial crop production.
After years of excellent work by Medical Cannabis Commission, Berkeley City Council scheduled to consider 2 new chapters for municipal code on January 31. Berkeley residents who favor sound, sensible eitable cannabis policy should pay attention.
Chapters under discussion - allowing medical cannabis cultivation facilities in Manufacturing (M) District (Chapter 12.25), governing medical cannabis operations definitions (Chapter 12.23).
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Nurseries – Page 3 Important because decisions before council structure industry locally, helping to determine the types of businesses and cooperatives that will thrive in the coming years.
Our organization, Solidarity Nursery Cooperative, hopes to open storefront cannabis nursery, seed library in Berkeley. Incorporated worker cooperative ; plans signing recognition agreement w/ International Longshore & Warehouse Union (ILWU).
Nursery very low-impact business. Would adhere to responsible security, zoning requirements. Our storefront will also be community resource center, provide classes on growing from seed, hand pollination and seed saving, permaculture techniques, organic pest control, cultivation processes.
We encourage sustainability, environmentalism, better alternatives industrial crop production, monocropping in cannabis cultivation. Under our model, also sell companion plants - dill, chives, chrysanthemums for organic pest control, cover crops like comfrey, clover, & small selection of basic gardening supplies.
We will foster self-sufficiency, emphasize gardening's proven health benefits. Community members will buy starter plants, discuss their experiences, become more engaged in the political process.
Will create seed library, give away heirloom, landrace seeds free to members - maintain genetic diversity in public domain, to lower home cultivation barrier.
All aims & endeavors fitting squarely into Berkeley’s historic role, forefront of green initiatives, ones that should be supported in the emerging regulatory environment. We asked City Council to definition for “Nursery-Only Dispensary” to Chapter 12.23.020.K as “a Dispensary, the primary activity,, to produce clones, immature plants, seeds, other agricultural products specifically for planting, propagation, cultivation of medical cannabis,” to direct staff to create application process.
CA cannabis industry changing dramatically, moving to fully-regulated market. Many destructive practices in traditional corporate agriculture starting to take hold. We hope City of Berkeley will continue to support community-focused social-purpose cannabis organizations, and empower home cultivators to grow medicine at home by adding “Nursery-Only Dispensaries” to Chapter 12.23. Rick Kelley, Matthew Witemyre, Natalie Koski-Karell are the owner-operators of the Solidarity Nursery Cooperative
Subject: Ordinance to Clarify City Policy on Cannabis NurseriesTo: Honorable Mayor and Members of the City Council From: Councilmember Kriss Worthington - CONSENT CALENDAR July 25, 2017 RECOMMENDATION: Planning Commission & Cannabis Commission create ordinance to clarify city policy on cannabis/existing nurseries. BACKGROUND: Considering state policies on cannabis regulation, imperative Berkeley follow such trends & clarify city policy on cannabis & existing nurseries. CA passed proposition 64 11-8-16, legalized cannabis use by adults 21 years/older. Chapter 1 of Prop.: cannabis nursery: “licensee that produces only clones, immature plants, seeds, & other agricultural products used specifically for planting, propagation, & cultivation of marijuana,” Type 4—Cultivation; Nursery license- specifically for cannabis nurseries. Proposition 64 adopted zoning requirement for cannabis business. “No licensee – within 600-foot radius of school providing instruction in kindergarten, any grades 1 through 12, day care center, or youth center existing when license issued, unless a licensing authority/local jurisdiction specifies different radius.” Chap. 20/Prop.: any CA city – right to adopt, enforce local ordinances to regulate adult use cannabis businesses. Urgent Planning Commission work with Cannabis Commission to adopt ordinances & regulations for adult use cannabis in order to emulate state progress on cannabis policy. ENVIRONMENTAL SUSTAINABILITY Consistent with Berkeley’s Environmental Sustainability Goals and no negative impact.
Nurseries – Page 4Subject: Retail Cannabis Nurseries in Berkeley From: [email protected] Date: November 12, 2017
S➢ tate cannabis regulatory structure permits vertical integration, with exception of few categories (i.e. testing), subject to local regulations, businesses may conduct business under at least 2 license categories simultaneously.
➢Cannabis nurseries classified as cultivation license (type 4) - state law. Type 4 license holders restricted to wholesale transactions w/ commercially licensed growers.
For ➢ retail nursery transactions, nursery requires limited retail license - only sell immature, non-flowering plants, seeds, clones, etc. For state licensing - type 10A dispensary license. 10A dispensary license holders legally permitted to hold nursery licenses.
➢Berkeley location, cultural climate, ideal city to permit retail nursery sales. Berkeleyside 1/17 op-ed ➢Small, non-commercial cultivators benefit greatly from dedicated business, focused on education, to acquire
immature plants/seeds. ➢Retail cannabis nurseries - can sell companion plants, fertilizer, tools, provide context appropriate for plant
cultivation, vs. retail dispensary = cannabis consumable products sales. ➢Existing nurseries in locations permissible for cannabis business in Berkeley optimal locations for these
businesses.
RECOMMENDATIONS/CURRENT CHOICES
Subject: Nursery Regulation/Ordinance/LicensingFrom: Berkeley Cannabis Commission Date: July 13, 2017Unfortunately, our commission and cultivation subcommittee have neglected to review possible nursery regulations ordinance and licensing
Currently, council member Kriss Worthington has asked (see above) for our commission input on nurseries, because he has spoken with at least 2 nursery operators hoping to be licensed by the city.
Included above: CDFA proposed Nursery Regulations, June 2017 & additional nursery regulation in other jurisdictions.
Nursery Regulation Ordinance Licensing – Berkeley Considerations -Cultivation or cannabis business; presently nurseries not included in cultivation regulation ordinance; in place existing permitting for cannabis businesses (planning staff input?) -Zoning locations; cultivation businesses restricted to M-Zone; lower impact of nurseries; possible comparison to testing labs; perhaps even allowed in residential -Wholesale or retail; some nurseries sell only to dispensaries; other nurseries may provide clones, seeds to individuals, private cooperatives; perhaps 2 tier licensing -CDFA nursery considerations; worthy of commission review; provide overview of operations -Public comment, commission/staff discussion; present different aspects for nursery approval -Council member Worthington; willingness for fast-tracking and agendacizing; an incentive and inspiration compared to years of continuing cultivation regulation ordinance licensing delays -Further input; from research and contacted/questioned interested/knowledgeable parties, possibly a late item addition to commission Nov. '17 packet -Staff input; possible pre-meeting research, also as late item; city attorney input
COMMISSION SUMMARY1. Ordinance licensing zones-2. Wholesale / retail- definition, differences3. No permit limit 4. Selection first come first serve5. ZC or AUP
On behalf of Solidarity Nursery Cooperative, I'm writing in regard to recent developments with the Berkeley cannabis nursery ordinance.
We're very appreciative of all your hard work on this issue, and contend that our organization should be considered for inclusion on the list of existing nurseries, which was sent to MCC and the Planning Commission in July.
Attached to this email, please find a number of relevant pieces of documentation establishing our credentials. We'd greatly appreciate it if MCC could examine these supporting documents and pass a recommendation to the Council and Planning Commission.
Thank you in advance for your consideration, and please contact us at your earliest convenience with any questions or comments.
We have been following the Council's work on medical and adult-use cannabis permitting closely, and we appreciate the good work of the Council, City Staff, and the Medical Cannabis Commission.
Further, we thank the Council for unanimously passing, as a consent item, the ordinance to clarify Berkeley policy on existing nurseries for cannabis production from the July Council meeting, and sending it to the Planning Commission and MCC. We are excited about this progress and believe our Cooperative should be considered an “existing nursery” for purposes of cannabis nursery permitting. Solidarity Nursery Cooperative incorporated as a worker cooperative nursery last year, with a mission to help create a just and legal cannabis industry with shared equity. We are committed to preserving the genetic and cultural heritage of those who have devoted their lives to cannabis freedom, and to good jobs for all. We support sustainable agriculture, family and urban farmers, the practices of seed saving and sharing, and a future where the economic benefits of cannabis legalization are shared with all workers and communities, instead of further enriching private equity and the privileged few. While waiting for the ability to apply for a cannabis nursery permit in Berkeley, our cooperative has provided free edible and landscape plants to FIGMENT, a free and inclusive participatory art event; the Merritt College Landscape Horticulture Spring and Fall Plant Sales; and the Berkeley Really, Really Free Market, a no-barter no-sales free marketplace. We even started up a Little Free Nursery (similar to the ubiquitous Little Free Libraries found throughout Berkeley) and have given away hundreds of plants to West Berkeley residents near San Pablo park. All told, we’ve given away over a thousand (non-cannabis) plants and seed packets this year. Before giving away any plants, we reached out to the Alameda Department of Agriculture to inquire if we would need a nursery license for these activities. They said that as long as the plants were not crossing county lines and we received no remuneration, we would not require a nursery license. Since we learned of the item on existing nurseries, Solidarity Nursery Co-op applied for and obtained a nursery license from the state of California, certified producer certification from Alameda County, and a business license from the City of Berkeley. Although we have not been engaging in commerce, we have been operating as a nursery cooperative to produce plants in Berkeley. We ask the Council to please add us to the preliminary list of existing
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nurseries for purposes of cannabis permitting. Our supporting documentation is attached below. Thank you for your consideration.
Sincerely,
Natalie Koski-Karell, Matthew Witemyre & Rick Kelley Solidarity Nursery Cooperative
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August 21, 2017 Rick Abruzzo Oakland FIGMENT [email protected] To Whom It May Concern, FIGMENT is a free, inclusive, participatory arts event held in multiple cities and drawing tens of thousands of participants each year. FIGMENT's mission is to offer free, family-friendly and participatory art to entire communities. At the Oakland FIGMENT, held on June 10th 2017 in Mosswood Park, the event was greatly pleased to host community member, Solidary Seed Initiative and Cooperative. The SSI commitment to our principles of non-commodification was exemplified by their donation of dozens of seedlings to families, kids and attendees from the surrounding community. Their generosity, outreach and education of the value of horticulture is a gift to Alameda County and we look forward to their continued engagement, collaboration and success in the future. Sincerely, Rick Abruzzo Oakland FIGMENT Co-producer
To: Berkeley City Council Dear Berkeley City Council, I am writing this letter to certify that Matthew Witemyre of Solidarity Seeds Initiative contributed to my event in Berkeley. I am the founder of the Berkeley Really, Really Free Market. My event aims to engage the community in the sharing economy. Participants bring items they don’t want and shop (for free) among what others bring. People get their needs met without having to make a new purchase and things stay out of the landfill. At my last event on August 15, 2017 the Solidarity Seeds Initiative donated 50 food plants and approximately 25 landscape plants. The donation was a big hit at the event among participants. I hope to work with Matthew in the future. Sincerely, Karoline Galea Founder Berkeley Really Really Free Market
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MEDIA ADVISORY
FOR IMMEDIATE RELEASE: November 15, 2017
Contact: Alex Traverso (916) 574-7546
LICENSING AUTHORITIES TO HOLD MEDIA AVAILABILITY UPON RELEASING CANNABIS REGULATIONS
SACRAMENTO – California’s three state cannabis licensing authorities today announced plans
to release regulations for commercial medicinal and adult-use cannabis at tomorrow’s inaugural
meeting of the Cannabis Advisory Committee.
The regulations and their summaries will be available on the Bureau of Cannabis Control’s
website at http://www.bcc.ca.gov/ during this time. Other documents and materials related to the
regulations can also be accessed through the website.
The Bureau of Cannabis Control, Department of Public Health and Department of Food and
Agriculture can be reached for comment through a press conference call at noon.
Members of the media will be invited to participate in the conference call at 888-810-6750. The participant passcode is 4178521. After a brief overview of the regulatory process from Bureau Chief Lori Ajax, media members will be placed in a call queue for an opportunity to speak with the three licensing authorities regarding the regulations. Upon the conclusion of the conference call at 12:30, television media outlets will be welcomed into State Capitol Room 1190 for a 30-minute media availability. The advisory committee meeting will resume at approximately 1 p.m. with an expanded overview of the regulatory process. The Meeting Notice and Agenda for the Cannabis Advisory Committee Meeting can be found
here: http://bcc.ca.gov/about_us/committee.
For additional information about the advisory committee meeting, or to subscribe to email alerts to hear about updates as they become available, please visit our website - http://www.bcc.ca.gov/. For information on all three licensing authorities, please visit the state’s cannabis web portal – cannabis.ca.gov. Follow the Bureau on Facebook, Twitter and Instagram for daily news and updates.
# # #
BUREAU OF CANNABIS CONTROL P.O. Box 138200, Sacramento, CA 95813-8200 P (916) 574-8170 F (916) 574-8676 | www.bcc.ca.gov
Sent: Thursday, November 16, 2017 12:01 PMTo: [email protected]: LICENSING AUTHORITIES RELEASE EMERGENCY MEDICINAL AND ADULT-USE
CANNABIS REGULATIONS
SACRAMENTO – California’s three state cannabis licensing authorities announced today that proposed emergency licensing regulations for commercial medicinal and adult‐use cannabis have been posted online and are available to the public for review.
The Department of Consumer Affairs’ Bureau of Cannabis Control, Department of Public Health’s Manufactured Cannabis Safety Branch, and Department of Food and Agriculture’s CalCannabis Cultivation Licensing Division each developed the new regulations to reflect the law defined in California’s Medicinal and Adult‐Use Cannabis Regulation and Safety Act (MAUCRSA).
The regulations and their summaries can be viewed by clicking the following links:
Bureau of Cannabis Control: www.bcc.ca.gov/law_regs/bcc_prop_text_reg.pdf www.bcc.ca.gov/law_regs/bcc_fact_sheet.pdf
CA Department of Food and Agriculture: www.bcc.ca.gov/law_regs/cdfa_prop_text_emerg_reg.pdf www.bcc.ca.gov/law_regs/cdfa_fact_sheet.pdf
CA Department of Public Health: http://www.bcc.ca.gov/law_regs/cdph_prop_text_emerg_reg.pdf http://www.bcc.ca.gov/law_regs/cdph_sum_emerg_reg.pdf
On June 27, 2017, the Governor signed MAUCRSA, which creates one regulatory system for both medicinal and adult‐use cannabis. Prior to that law’s passage, state licensing authorities had released proposed regulations to govern the implementation of the Medical Cannabis Regulation and Safety Act. The public hearings and comments from a broad cross section of stakeholders that were informing that regulatory process have also been taken into consideration in the drafting of these proposed emergency regulations.
The licensing authorities expect the emergency regulations to be effective in December 2017. The implementation date for the issuance of the state commercial cannabis licenses remains the same: January 1, 2018. However, California will only be able to license those businesses that are in compliance will all local laws.
In addition, the Business, Consumer Services and Housing Agency will hold a workshop with state‐chartered banks and credit unions next month to discuss regulatory and compliance issues, as well as potential approaches to banking cannabis‐related businesses.
For additional information about the proposed regulations, or to subscribe to email alerts to hear about updates as they become available, please visit our website ‐ http://www.bcc.ca.gov/.
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For information on all three licensing authorities, please visit the state’s cannabis web portal – cannabis.ca.gov. Follow the Bureau on Facebook, Twitter and Instagram for daily news and updates.
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Dear Medical Cannabis Commissioners: Consistent with recommendation 9 in your letter from Oct 6, my office has prepared the below language to address the urgency issue that you have recommended to the City Council. I greatly appreciate your advocacy to help motivate the C:Jty to act expeditiously. Kriss W
To: From:
Subject:
Kriss Worthington Councilmember, City of Berkeley, District 7 2180 Milvia Street, 5th Floor, Berkeley, CA 94704 PHONE 510-981-7170, FAX 510-981-7177, EMAIL [email protected]
CONSENT CALENDAR November 28, 2017
Honorable Mayor and Members of the City Council Councilmember Kriss Worthington, Mayor Arreguin, and Councilmembers Ben Bartlett and Cheryl Davila
Adopt an Ordinance to Amend BMC 12.27 to Allow Existing Berkeley Licensed Medical Cannabis businesses into the new state adult use regulation and taxation system
RECOMMENDATION: 1) Temporary Authorization to allow existing Berkeley cannabi� businesses to apply for state
cannabis permits to expand their existing medical cannabis activities to include adult use.Temporary permission will expire once Berkeley establishes· comprehensive policies.
2) Adopt first reading of an Ordinance to amend BMC 12.27 to allow existing Berkeleylicensed medical cannabis businesses into the new state adult use regulation and taxationsystem.
BACKGROUND Officially recognized cannabis businesses with Berkeley business licenses have acted responsibly and played by the rules. They have paid their taxes and paid their dues. The new state of California law establishes long overdue statewide standards. We want to build on Berkeley's established cannabis infrastructure to allow local businesses to flourish and not be left behind by the new state landscape.
