Sonoma County Municipal Code Art. VI Cannabis Dispensary and Edible Cannabis Product Manufacturing Premises

Footnotes:

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Editor's note— Ord. No. 6240, § I(B), adopted Aug. 28, 2018, amended Art. VI in its entirety to read as herein set out. Former Art. VI, §§ 14-6-010—14-6-120, pertained to medical cannabis dispensary and edible cannabis product manufacturing site and derived from Ord. No. 6187, § I(B), adopted Dec. 13, 2016.

This Article provides for the enforcement of California laws and regulations pertaining to cannabis dispensaries and edible cannabis product manufacturing premises, and to establish local requirements as authorized by the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

(Ord. No. 6240, § I(B), 8-28-2018)

Although edible cannabis products are not defined as a food in Health and Safety Code, Sonoma County requires that cannabis dispensaries and edible cannabis product manufacturing premises comply with the Medicinal and Adult-Use Cannabis Regulation and Safety Act and the relevant articles of Health and Safety Code Section 13700 et seq. and other applicable food safety codes, which provide a system of prevention and overlapping safeguards designed to minimize foodborne illness, ensure employee health, demonstrate industry manager knowledge, ensure safe food preparation practices and delineate acceptable levels of sanitation for preparation of edible products.

(Ord. No. 6240, § I(B), 8-28-2018)

For the purposes of this article:

"Agency having jurisdiction" means the agency having delegated authority to adopt, determine, mandate or enforce ordinances and regulatory requirements established by the county of Sonoma and other jurisdictional governing bodies.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed, whether growing or not, the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt derivative, mixture or preparation of the plant, its seed or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from seeds of the plant, any other compound, manufacture, salt derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product..

"Cannabis product." Cannabis that has undergone any process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"County" means the entire county and all incorporated cities and towns of the county, which have delegated cannabis health permit authority to the director.

"County department" means any department or agency operated by the county of Sonoma.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a dispensary of any technology platform owned, leased, or controlled by the dispensary. Deliveries must be made by either the owner of the dispensary or an employee of the dispensary.

"Director" means the Director of the Sonoma County Department of Health Services or the health officer or any individual designated by the director to act on his or her behalf, including the Director of Environmental Health and Environmental Health Specialists.

"Dispensary" or "cannabis dispensary" means a facility operated in accordance with state law, where cannabis, cannabis products or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of retail sale.

"Edible cannabis product" means manufactured cannabis that is intended to be used orally, in whole or in part for human consumption. For the purposes of this chapter, "edible cannabis product" includes cannabis products that resemble conventional food or beverage and cannabis products that disintegrate in the mouth, but does not include any product otherwise defined as "cannabis concentrate."

"Edible cannabis product manufacturing premises" or "premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or permitee where the commercial cannabis activity will be or is conducted.

"Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance or event creates a situation that can cause infection, intoxication, disease transmission, vermin infestation, or hazardous condition that requires immediate correction or cessation of operation to prevent injury, illness, or death.

"Manufacturer" means a person that conducts the production, preparation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

"Manufacture" means to compound, blend, extract, infuse, packaging and repackaging, labeling and relabeling or otherwise making or preparing a cannabis product.

The term "manufacture" does not include the following:

(1) The repacking of cannabis products from a bulk shipping container by a distributor or dispensary where the product's original packaging and labeling is not otherwise altered.

(2) The placing of cannabis products into opaque packaging at a retail premises for purpose of complying with section 26070.1 of the Medicinal and Adult-Use Cannabis Regulation and Safety Act; or

(3) The placement of a sticker stating "FOR MEDICAL USE ONLY" on cannabis products at a retail premises, if the cannabis product is sold to a medicinal-use customer.

(4) The collection of the resinous trichomes that are dislodged or sifted from the cannabis plant incident to cultivation activities by a licensed cultivator in accordance with the requirements of the California Department of Food and Agriculture specified in Article 4 of Chapter 1 of Division 8 of Title 3 of the California Code of Regulations; or

(5) The processing of non-manufactured cannabis products, as defined in Section 8000 of Title 3 of the California Code of Regulations, by a licensed cultivator in accordance with the requirements of the California Department of Food and Agriculture specified in Article 4 of Chapter 1 of Division 8 of Title 3 of the California Code of Regulations

"Medical cannabis," "medical cannabis product" or" means any product containing cannabis, including but not limited to flowers, buds, oils, tinctures, concentrates, extractions, and edibles intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code. For the purposes of this Chapter, medical cannabis does not include industrial hemp as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

"Medical cannabis identification card" or "identification card" means a document issued by the state department of health services pursuant to California Health and Safety Code Sections 11362.7 et seq. that identifies a person authorized to engage in the medical use of cannabis and the person's designated primary caregiver, if any, or identifies a person as a primary caregiver for a medical cannabis patient.

"Nonsale distribution" means to give a cannabis product or coupon at no cost or at a nominal cost of less than twenty-five percent (25%) of the full retail value of the item exclusive of taxes and fees to a person who is not a dispensary.

"Owner" means any of the following:

(1) A person with an aggregate ownership interest of twenty percent (20%) or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.

(2) The chief executive office of a nonprofit or other entity.

(3) A member of the board of directors of a nonprofit.

(4) The trustee(s) and all persons that have control of the trust and/or the commercial cannabis business that is held in trust

(5) An individual who will be participating in the direction, control, or management of the person applying for a license.

"Permittee" means the "person" acting as the owner, proprietor, manager, or operator of a cannabis dispensary who obtains a permit pursuant to this article.

"Primary caregiver" shall have the same definition as California Health and Safety Code Section 11362.7 et seq., and as may be amended, and which defines "primary caregiver" as an individual, designated by a qualified patient, who has consistently assumed responsibility for the housing, health, or safety of that patient, and may include a licensed clinic, a licensed health care facility, a residential care facility, a hospice, or a home health agency as allowed by California Health and Safety Code Section 11362.7(d)(1-3). A primary caregiver shall be at least eighteen (18) years of age, unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card or the primary caregiver is a person otherwise entitled to make medical decisions under state law pursuant to Sections 6922, 7002, 7050, or 7120 of the Family Code.

"Qualified patient" shall have the same definition as California Health and Safety Code Section 11362.7 et seq., and as may be amended, and which states that a "qualified patient" means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have a valid medical cannabis identification card. For the purposes of this article, a "qualified patient who has a valid identification card" shall mean a person who fulfills all of the requirements to be a "qualified patient" under California Health and Safety Code Section 11362.7 et seq. and also has a valid medical cannabis identification card.

(Ord. No. 6240, § I(B), 8-28-2018)

(a) No person shall operate in the county, any cannabis dispensary or any edible cannabis product manufacturing premises or any other enterprise or establishment in which edible cannabis product is manufactured or offered for sale or sold, without a valid permit issued in accordance with this article and a valid permit as required in Sonoma County Code Section 26-88-126(c). Such permits shall be displayed prominently in or upon the place of business for which it is issued.

(b) All applications for cannabis dispensary or edible cannabis product manufacturing premises permits shall be on a form supplied by the department and shall be accompanied by the applicable fee(s), as described in Section 14-6-050 and Section 14-6-060. The applicant for cannabis dispensary permit or edible cannabis product manufacturing premises permit shall set forth, under penalty of perjury, the following on the permit application:

(1) The proposed location of the cannabis dispensary or the edible cannabis product manufacturing premises.

(2) Approved use permit number as issued by the appropriate planning agency.

(3) The name and residence address of each owner applying for the permit for the cannabis dispensary or edible cannabis product manufacturing premises.

(4) A unique identifying number from at least one (1) government issued form of identification such as a social security card, a state driver's license or identification card, or a passport for each owner applying for the permit.

(5) Birth date for each owner applying for the permit, and to validate each owner is at least twenty-one (21) years of age.

(6) The director is hereby authorized to require in the permit application any other information including but not limited to any information necessary to discover the truth of the matters set forth in the application.

(c) A permit to operate shall not be issued by the department until its inspection has determined that the proposed cannabis dispensary or edible cannabis product manufacturing premise and its method of operation meet the specifications and conform to the provisions of Sonoma County Code Chapters 14 and 26.

(d) All permits for cannabis dispensaries and edible cannabis product manufacturing premises shall expire on the annual renewal date. Permits are valid only for the person, location, and type of sales or activity approved. Permits shall not be transferable upon change of ownership of the dispensary or manufacturing premises.

(e) In recommending the granting or denying of a permit and in granting or denying the same, the director shall give particular consideration to the capacity, capitalization, complaint history of the owner(s) and any other factors that in their discretion he or she deems necessary to the peace and order and welfare of the public.

(f) No cannabis dispensary permit or edible cannabis product manufacturing premise manufacturing site permit shall be issued under this article if the director finds:

(1) That the applicant has provided materially false documents or testimony; or

(2) That the applicant has not complied fully with the provisions of this article or any county and state codes, laws and regulations; or

(3) That the applicant has not obtained a permit from Sonoma County Planning Resource Management Department and all other approvals as required by the agency having jurisdiction; or

(4) That the operation as proposed by the applicant, if permitted, does not comply with all applicable laws, including, but not limited to, the building, planning, housing, police, fire, and health codes of the county, including the provisions of this article and regulations issued by the director pursuant to this article; or

(5) That a permit for the operation of a cannabis dispensary or edible cannabis product manufacturing premises or a county use permit, which permit(s) had been issued to the applicant or to any other person who will be engaged in the management of the cannabis dispensary or edible cannabis product manufacturing premises permit has been revoked, unless more than two (2) years have passed from the date of the revocation to the date of the application; or

(6) That the county has revoked a permit for the operation of a business in the county which permit had been issued to the applicant for the cannabis dispensary or edible cannabis product manufacturing premises permit unless more than two (2) years have passed from the date of the application to the date of the revocation.

(g) The director shall notify the sheriff's department, permit and resource management department, fire and emergency services, agricultural commissioner's office and other appropriate agencies of all approved permit applications.

(h) The final permit shall contain the following language: "Issuance of this permit by the county of Sonoma is not intended to and does not authorize the violation of state or federal law."

(Ord. No. 6240, § I(B), 8-28-2018)

(a) Prior to submitting the cannabis dispensary permit or edible cannabis product premises manufacturing premise permit application, each applicant shall submit a plan review application and fee as established by the current board of supervisors' fee resolution.

(b) At the time of approval of the facility plan, the applicant shall submit to the department, the cannabis dispensary or edible cannabis product manufacturing premises application and annual permit fee(s) as established by the current board of supervisors' fee resolution. The fee shall be calculated to recover the reasonable regulatory cost of administration and enforcement of this article, including, for example, issuing a cannabis dispensary or edible cannabis product manufacturing premises permit, administering the permit program, dispensary or edible cannabis product manufacturing premises inspection and compliance checks, documentation of violations, activities related to late fees for delinquent permits, and enforcement proceedings, but shall not exceed the cost of the regulatory program authorized by this article and by California law. All fees and interest upon proceeds of fees shall be used exclusively to fund administration and enforcement of this article. Fees are nonrefundable, except as may be required by law.

(c) Each unique cannabis dispensary or edible cannabis product manufacturing premises shall be deemed a separate enterprise. An application shall be submitted for each dispensary/premises for the purposes of this article.

(d) Any permit that has not been reinstated by the annual renewal date will not be valid, due to failure to submit permit fees, and shall be deemed delinquent. Permits that continue to remain delinquent will be subject to late fees at intervals of thirty (30) days and sixty (60) days past the anniversary date. After sixty (60) days, proceedings will be initiated to revoke the permit. The amount assessed shall be included in the fee schedule approved by resolution of the board of supervisors.

(e) Conditions requiring additional inspections due to noncompliance with applicable statutes/regulations will incur additional re-inspection service fees as provided in the fee schedule in effect at the time of noncompliance.

(Ord. No. 6240, § I(B), 8-28-2018)

(a) Cannabis dispensaries shall meet all the operating criteria for the dispensing of cannabis as is required pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, by this article, by the director's rules and regulations for the permitting and operation of cannabis dispensaries and by all other county department guidelines.

(b) Cannabis dispensaries must operate in a permanently constructed structure and may not operate from a vehicle or non-permanent structure.

(c) Cannabis dispensaries shall sell only cannabis or cannabis products manufactured, produced, processed and tested in the state of California, in compliance with local requirements and the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

(d) It is unlawful for any person operating a medical cannabis dispensary under the provisions of this Article to permit any breach of peace therein or any disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct, or otherwise, or to permit such dispensary to remain open, or patrons to remain upon the premises, between the hours of 7:00 p.m. and 7:00 a.m. the next day, unless otherwise allowed by the use permit.

(e) No cannabis or cannabis product shall be smoked, ingested or otherwise consumed on the premises or in the public right-of-way within twenty-five feet (25') of a medical cannabis dispensary. Cannabis dispensaries shall post a sign near their entrances and exits providing notice of this policy.

(f) All sales and dispensing of cannabis shall be conducted by permitted cannabis dispensaries only. Deliveries, as defined in this article and in Medicinal and Adult-Use Cannabis Regulation and Safety Act, shall comply with the following:

(1) All employees of a dispensary delivering cannabis or cannabis products shall carry a copy of the dispensary's current permit authorizing those services with them during deliveries and shall present that permit upon request to county department, state and local law enforcement, employees of regulatory authorities, and other state and local agencies.

(2) During delivery, the permittee shall maintain a physical copy of the delivery request and shall make it available upon request of the department and law enforcement officers. The delivery request documentation shall comply with state and federal law regarding the protection of confidential information.

(3) The employee of the dispensary who is delivering medical cannabis or medical cannabis products shall verify and document that the individual taking possession of the product is a qualified patient or primary caregiver.

(g) The cannabis dispensary shall not hold or maintain a license from the state department of alcohol beverage control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. Nor shall alcoholic beverages be consumed on the premises or on in the public right-of-way within fifty feet (50') of a cannabis dispensary. Dispensaries shall prohibit patrons from entering or remaining on the premises if they are in possession of or are consuming alcoholic beverages or are under the influence of alcohol.

(h) The cannabis dispensary shall not hold or maintain a permit as a food facility from the county of Sonoma. Food products shall not be sold or consumed on the premises.

(i) The cannabis dispensary shall not hold or maintain a tobacco retail license to sell tobacco products or tobacco paraphernalia from the county of Sonoma. Tobacco products shall not be sold or consumed on the premises.

(j) No manufactured edible cannabis products shall be infused with alcoholic beverages, as defined in section 23004 of the Business and Professions Code. No cannabis product shall contain any non-cannabinoid additive that would increase potency, toxicity or addictive potential, or that would create an unsafe combination with other psychoactive substances. Prohibited additives include but are not limited to nicotine and caffeine. This prohibition shall not apply to products containing naturally occurring caffeine, such as coffee, tea, or chocolate.

(k) A cannabis dispensary shall not provide free cannabis goods to any person. A cannabis dispensary shall not allow individuals that are not employed by the dispensary to provide free cannabis or cannabis products to any person at the licensed premises. A cannabis dispensary may provide cannabis or cannabis products to a medicinal cannabis patient without charge if they meet the conditions stipulated in CCR Title 16, Division 42, Section 5411.

(l) Cannabis dispensaries may sell or distribute cannabis and cannabis products only to adults, aged twenty-one (21) or older, or to qualified patients with a medical cannabis identification card or a verifiable, written recommendation from a physician for medical cannabis. The medical cannabis dispensary shall maintain records of all qualified patients with a valid identification card and primary caregivers with a valid identification card using only the identification card number issued by the state or county pursuant to California Health and Safety Code Section 11362.7 et seq. For qualified patients who present a physician recommendation in lieu of a valid identification card, the medical cannabis dispensary shall maintain a record of qualified patient identifying information in a manner consistent with patient privacy laws.

(m) Advertisements many not cater to youth or children, i.e. no cartoon characters and shall not use any depiction or images of minors under eighteen (18) years of age. Advertisements may not be placed in locations that cater to youth or children.

(n) The cannabis dispensary shall provide the director and agencies having jurisdiction the name, title, and phone number of an on-site staff person to whom one (1) can direct notices of complaints or violations.

(o) The cannabis dispensary shall meet any specific, additional operating procedures and measures as may be imposed as conditions of approval by the director in order to ensure that the operation of the cannabis dispensary is consistent with the protection of the health, safety and welfare of the community, qualified patients and primary caregivers, and will not adversely affect surrounding uses.

(Ord. No. 6240, § I(B), 8-28-2018)

(a) Edible cannabis product manufacturing premises shall meet all the operating criteria for the manufacturing of cannabis containing edible products as is required pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, by this article, by the director's rules and regulations for the permitting and operation of edible cannabis product manufacturing premises and by all other county department agency guidelines.

(b) No cannabis products shall contain any non-cannabinoid additive that would increase potency, toxicity or additive potential, or that would create an unsafe combination with other psychoactive substances. Prohibited additives include but are not limited to nicotine and caffeine. This prohibition shall not apply to products containing naturally occurring caffeine, such as coffee, tea, or chocolate.

(c) Edible cannabis products shall be:

(1) Not designed to be appealing to children or easily confused with commercially sold candy or foods that do not contain cannabis.

(2) Delineated, scored or otherwise similarly marked to indicate one (1) serving if the cannabis product contains more than one (1) serving and is an edible cannabis product in solid form.

(3) Homogenized to ensure disbursement of cannabinoids throughout the product.

(4) Shall not contain more than ten (10) milligrams of THC per serving.

(d) Edible cannabis products shall be labeled and in an opaque, resealable, child-resistant and tamper-evident package. Labels and packages of medical cannabis products shall meet the following requirements in addition to any state requirements:

(1) Cannabis packages and labels shall not be made to be attractive to youth and children.

(2) All cannabis product labels shall include the following information, prominently displayed and in a clear and legible font:

(i) Manufacture date and source.

(ii) The following statements in bold print: Product contains cannabis; Keep out of reach of children and animals; the intoxicating effects of this product may be delayed by up to two (2) hours; and this product may impair the ability to drive or operate machinery. Please use extreme caution.

(iii) A warning if nuts or other known potential allergens are used.

(iv) List of pharmacologically active ingredients, including, but not limited to, tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid content, the THC and other cannabinoid amount in milligrams per serving, servings per package, and the THC and other cannabinoid amount in milligrams for the package total.

(v) Identification of the source and date of cultivation and manufacture.

(e) Edible cannabis product manufacturing premises shall not be permitted or operate as a wholesale food manufacturer, retail food facility or cottage food producer.

(f) The edible cannabis product manufacturing premises shall meet any specific, additional operating procedures and measures as may be imposed as conditions of approval by the Director in order to ensure that the operation of the cannabis dispensary is consistent with the protection of the health, safety and welfare of the community, qualified patients and primary caregivers, and will not adversely affect surrounding uses.

(Ord. No. 6240, § I(B), 8-28-2018)

(a) The Director shall adopt policies and create operational procedures, operational standards and marking guides for cannabis dispensaries and edible cannabis product manufacturing premises related to this article. These shall include, but are not limited to:

(1) A requirement that the operator require employees to wash hands and use sanitary utensils when handling cannabis;

(2) Regulations to reduce the risk to public health of edible cannabis products including requirements parallel to state and local laws regarding preparation, distribution and sale of food and restrictions on manufacturing and sale of edible products that require time-temperature control to keep them safe for human consumption;

(3) Regulations prohibiting the manufacturing, packaging and/or sale of cannabis products that are designed to be especially appealing to children or youth;

(4) Requirements on tracking and reporting of products sold; and

(5) Regulations related to management and disposal of waste products.

(b) The director shall issue rules and regulations regarding the imposition of administrative penalties on cannabis dispensaries or edible cannabis product manufacturing premises.

(Ord. No. 6240, § I(B), 8-28-2018)

(a) The director shall inspect each cannabis dispensary and edible cannabis product manufacturing premises no fewer than two (2) times annually, for the purpose of determining compliance with the provisions of this article, and/or the rules and regulations adopted pursuant to this article, or in response to a complaint. If informal attempts by the director to obtain compliance with the provisions of this article fail, the director may take the steps outlined in Article I of this chapter.

(b) Every person to whom a permit shall have been granted pursuant to this article shall post a sign in a conspicuous place in the cannabis dispensary or edible cannabis product manufacturing premise. The sign shall state that it is unlawful to refuse to permit an inspection by the department of health services, or any city peace, fire, planning, or building official or inspector, conducted during the hours the establishment is open to the public and at all other reasonable times, of the areas of the establishment to which patrons and employees have access.

(c) Administrative Citations. In addition to all other legal remedies, criminal or civil, which may be pursued by the county to address any violation of the county code, this subsection provides for administrative citations, pursuant to the authority conferred by the Government Code, including Section 53069.4. Violations of any provision of the county code or health permit conditions are subject to administrative citation. Each act, omission, or condition may be cited as a separate violation and each violation that continues, exists, or occurs on more than one (1) day may constitute a separate violation on each day, at the discretion of the agency having jurisdiction.

(1) The director may issue an administrative citation requiring the owner or operator of a medical cannabis dispensary or edible cannabis product manufacturing premise to take corrective action as necessary to abate a nuisance, or to protect human health and safety or the environment.

(2) An administrative citation shall not be issued for any minor violation, as defined by the director, which is corrected immediately in the presence of the inspector. Immediate compliance in that manner shall be noted in the inspection report.

(3) Any dispensary, dispensary operator, dispensary manager or manufacturer who violates any provision of this article or any rule or regulation adopted pursuant to this article may, after being provided notice and an opportunity to be heard, be subject to an administrative citation penalty not to exceed one thousand dollars ($1,000.00) for the first violation of a provision or regulation in a two-year period, five thousand dollars ($5,000.00) for the second violation of the same provision or regulation in a two-year period, and ten thousand dollars ($10,000.00) for the third and subsequent violations of the same provision or regulation in a two-year period.

(4) Any dispensary, dispensary operator, dispensary manager or manufacture who operates without a health permit shall be subject to an administrative citation penalty of ten thousand dollars ($10,000.00) for the first offense within two (2) years, twenty-five thousand dollars ($25,000.00) for the second offense within two (2) years, and fifty thousand dollars ($50,000.00) for the third offense within two (2) years.

(d) If a permit is revoked, no application for a cannabis dispensary or edible cannabis product manufacturing premises may be submitted by the same person for two (2) years.

(Ord. No. 6240, § I(B), 8-28-2018)

(a) Notwithstanding the provisions of this chapter, and except as otherwise specifically provided by state law, the enforcement officer may immediately suspend or revoke a health permit if the enforcement officer determines that there is an immediate threat to public health, safety, or welfare and order the cannabis dispensary or edible cannabis product manufacturer immediately closed.

(b) If interference in the performance of the duty of the enforcement officer occurs, the enforcement officer may temporarily suspend the permit and order the cannabis dispensary or edible cannabis product manufacturer immediately closed.

(c) The enforcement officer shall serve the permit holder, within forty-eight (48) hours of the suspension or revocation, written notice of the grounds for the immediate suspension or revocation of the health permit. A person may appeal the suspension or revocation by filing a written notice to request a hearing before the hearing officer.

(d) If a hearing is requested, it shall be conducted in accordance with Section 14-1-060.

(Ord. No. 6240, § I(B), 8-28-2018)

(a) At least biennially, commencing in January 2019, the director shall make a report to the board of supervisors that includes the following:

(1) Number and location of cannabis dispensaries and edible cannabis manufacturing premises currently permitted and operating in the county;

(2) A summary of the past year's violations of this article and penalties assessed;

(3) Current health, human and safety data; and

(4) Recommendations to the board of supervisors.

(b) Upon receipt of this report, the board of supervisors shall consider whether any changes to county code are warranted.

(Ord. No. 6240, § I(B), 8-28-2018)

If any section, subsection, sentence, clause or phrase of this article is, for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter.

(Ord. No. 6240, § I(B), 8-28-2018)