Humboldt County Municipal Code § 55.3 Medical Cannabis Dispensaries

The purpose of this Section is to minimize the negative land use impacts that can be

associated with the dispensing of medical cannabis by a Dispensary, as defined herein, to a qualified patient and to facilitate local implementation of the California Medical Cannabis Regulation and Safety Act (“MCRSA”).

associated with the sale or testing of cannabis to adults twenty-one (21) years of age or older and to facilitate the local implementation of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) (SB 94), and as it may subsequently be amended. (Ord. 2588, Section 3, 11/14/2017)

zoning districts which authorize this use, as specified under Section 55.3.8.2 of this Code.

County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.

of whether the use was previously approved by the Humboldt County Planning Commission or the Humboldt County Board of Supervisors, shall come into full compliance with these regulations within one (1) year of the adoption of the ordinance establishing this Code.

cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, or compliance with the MCRSA and any other applicable state laws.

as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.

prohibiting medical cannabis Dispensaries.

Applicable

definitions in Humboldt County Code section 314-135 et seq. and section 111-1 et seq. may also apply to this Code.

requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)

Ordinance No. 2554 shall remain valid, and shall be governed by the terms and conditions of the approved permit, including those limiting distribution and sales to qualified patients with a recommendation from a licensed California physician, consistent with state provisions for medicinal use. Any Dispensary operating under a local permit approved prior to the effective date of the ordinance adding section 55.3.3.8 may seek a modification of the permit to authorize the sale of cannabis to an adult twenty-one (21) years of age or older who is not a qualified patient with a physician recommendation. Modification of the permit may be authorized as provided under section 312-11 of these regulations. Approval of the modification must be made by the Planning Commission or Zoning Administrator, at a public hearing for which notice has been provided pursuant to section 312-8. Holders of such permits may apply for state licenses for either medicinal or adult use retail sale license categories, or any combination thereof as may be permitted under state statute and regulations. (Ord. 2588, Section 4, 11/14/2017)

If any provision of this Code, or the application thereof, is held invalid, that invalidity shall

not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.

As a condition of approval for any conditional use permit and

coastal development permit approved for medical cannabis Dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of medical cannabis Dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of medical cannabis.

All of the remedies provided for in this section shall be cumulative and not exclusive for

violations of this Code. Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable state and county laws.

business license, and a conditional use permit issued pursuant to Section 312-3.1 of the code. Zoning districts where a Dispensary may be located are C-1, C-2, C-3, MB, ML, MH.

entitlements does not exempt the applicant from the requirement of obtaining a conditional use permit from the County of Humboldt to operate a Dispensary within the jurisdiction of the County.

to ensure the security of the medical cannabis; and to safeguard against the diversion of medical cannabis for non-medical purposes.

In addition to all other requirements for a conditional use

permit and coastal development permit, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a medical cannabis Dispensary:

considering the potential impacts and cumulative impacts of proposed medical cannabis Dispensaries to the community area as a whole and specifically on the following existing uses located within a 600 foot radius of a proposed Dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit for any proposed medical cannabis Dispensary within 600 feet of the following uses if the Commission determines that the impacts of a proposed Dispensary have the potential to be significant on the following uses:

service or other distribution or transfer facility when there are others within a 600 foot radius of the proposed new facility.

or distribute medical cannabis shall be located within a 600-foot radius of a school [Health & Safety Code section 11362.768 (b)]. This distance shall be measured in a straight line from the property line of the school to the property line of the medical cannabis dispensing facility, operator, establishment, or provider.

sections 55.3.10 and 55.3.11 of this Code.

Notwithstanding any other regulations or requirements for submitting an

application for a conditional use permit, medical cannabis Dispensaries shall submit to the Planning Commission an Operations Manual which provides for the following:

contained within the conditional use permit application, the Operations Manual, and the Operating Standards at any time before or after the conditional use permit is issued; and

The material shall also show

structures and land uses within a 600 foot radius; and

lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients and secure the medical cannabis against diversion for non-medical purposes; and

the source of supply, and amounts of medical cannabis that come in and go out of the Dispensary; and

for the major active agents in medical cannabis offered to qualified patients, such as cannabinoids tetrahydrocannabinol (THC), Cannabidiol (CBD), and Cannabinol (CBN); and

Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change.

Notwithstanding any other regulations or requirements, medical cannabis

Dispensaries shall comply with all of the following operating standards:

of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Medical cannabis delivery services shall only operate from a “store-front” Dispensary in a commercial or industrial zone with an approved conditional use permit; and

felony in the last five (5) years; and

patient who has a valid, verified physician’s recommendation issued in the State of California. Dispensaries shall verify on an annual basis, or more frequently if required by the State of California, that the physician’s recommendations of their clients are current and valid; and

seen by all persons entering the Dispensary. A copy of the client rules and/or regulations shall be provided to the qualified patient by a medical cannabis delivery service; and

notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and

patient or holder of a medical cannabis recommendation who is under 18 unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of medical cannabis; and

Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and

and other applicable state and local laws; and

the premises of the Dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and

fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and

Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual or in the Operating Standards must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change; and

cannabis use on children. Information shall be provided by posting the brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card.” This information shall also be provided to all employees as part of the employee orientation.

and Cannabis Rack Card” shall be printed and made available to all customers where transactions are completed.

provide signage notifying customers of the potential health effects of cannabis consumption during pregnancy and upon nursing children.

from their initial date of operation for review and approval by the Planning Commission. The Planning Commission may delegate review of the annual Performance Review Report to the Zoning Administrator at the time of the initial hearing or at any time thereafter. This annual “Performance Review Report” is intended to identify the effectiveness of the approved conditional use permit, Operations Manual, Operating Standards, and conditions of approval, as well as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.

designee, and/or employees of the Humboldt County Planning and Building Department and/or the Code Enforcement Investigator on an annual basis, or more frequently as requested by the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1) to determine if the Dispensary is in compliance with its conditional use permit, Operating Standards, and Operations Manual. After payment of the inspection fees as indicated in the following section, a copy of the results from this inspection shall be given to the Dispensary for inclusion in their “Performance Review Report” to the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1).

amended from time to time by the Board of Supervisors, shall be paid by medical cannabis Dispensaries and accompany the “Performance Review Report” for costs associated with the inspection and the review of the report by County staff.

mentioned County personnel, or refusal to pay the required fees, or non-compliance in submitting the annual

“Performance Review Report” for review by the Planning Commission shall be deemed grounds for a revocation of the conditional use permit and/ or subject the holder of the permit to the penalties outlined in this Code, above.

312-14 (Revocation Procedures). Permit revocation or modification shall be sought for non-compliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.

approval by the Planning Commission after a noticed public hearing.

Business offices for medical cannabis Dispensaries at which no

cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)