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AgdaPkt 2010-01-25 clsd and regular
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AgdaPkt 2010-01-25 clsd and regular
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Last modified
3/9/2010 11:54:06 AM
Creation date
1/28/2010 3:51:45 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
1/25/2010
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<br />Municode <br /> <br />Page 2 of6 8A <br />Page 22 <br /> <br />purposes a nuisance; and <br />C. <br />The Medical Marijuana Program Act defmes a "primary caregiver" as an individual who is designated <br />by a qualified patient or by a person with an identification card, and who has consistently assumed <br />responsibility for the housing~ health~ or safety of that patient or person; and <br />D. <br />The Medical Marijuana Program Act allows cities and counties to adopt and enforce rules consistent <br />with the Medical Marijuana Program Act; and <br />E. <br />In August 2008~ the California Attorney General issued guidelines that clarify the state's laws governing <br />medical marijuana, and provided guidelines for patients and law enforcement to ensure that medical <br />marijuana is not diverted to illicit markets; and <br />F. <br />This chapter is enactedt pursuant to the Compassionate Use Act~ and the Medical Marijuana Program <br />Act, the Guidelines issued by the California Attorney General~ and the County's constitutional police <br />power to protect the health, safety and welfare of the residents of the County of San Mateo; and <br />G. <br />Since the sale of medical marijuana is unlawful~ it is necessary to place restrictions on the exterior <br />appearance of medical marijuana collectives in order to prevent the misunderstanding that collectives <br />are places where marijuana may be purchased; and <br />H. <br />It is the purpose and intent of this chapter to adopt and enforce rules consistent with the Compassionate <br />Use Act, the Medical Marijuana Program Act, and the Guidelines issued by the California Attorney <br />General, which will provide for the health, safety and welfare of the public by regulating the collective <br />cultivation and possession of medical marijuana within the unincorporated area of the County of San <br />Mateo, consistent with state law; and <br />1. <br />This chapter is intended to be consistent with the Compassionate Use Act, the Medical Marijuana <br />Program Act, and the Guidelines issued by the California Attorney General, and towards that end, it is <br />not intended to and does not criminalize activity which is otherwise permitted under state law, and it is <br />not intended to and does not authorize conduct that is otherwise prohibited by state law, or to prohibit <br />conduct that is authorized by state law. <br /> <br />(Ord. 04468, 9 1, 5/5/09) <br /> <br />5.148.020 - Definitions. <br /> <br />(a) <br />"Medical marijuana collective" or "collective" means a facility or location at which qualified patients, <br />persons with identification cards, and the designated primary caregivers of qualified patients and persons <br />with identification cards, associate within the unincorporated area of the County of San Mateo in order <br />collectively or cooperatively to cultivate and/or store marijuana for medical purposes, as provided in <br />Health & Safety Code section 11362.775. <br />(b) <br />"Primary caregiver" shall have the same meaning as provided in Health & Safety Code section 11362.7. <br /> <br />(Ord. 04468, 9 1, 5/5/09) <br /> <br />5.148.030 - Requirement that primary caregivers create and maintain patient list. <br /> <br />Each and every primary caregiver, as that term is defined by state law, is required to create and maintain <br /> <br />http://library.municode.comlprint.aspx?clientID=16029&HTMRequest=http%3a%2fDA>2fli.. . 1/14/2010 <br />
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