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HomeMy WebLinkAboutTPM - MMD ORD S fr-C C rn mrmp -71 t/k,j CHANGES TO CONSIDER TO DRAFT MARIJUANA DISPENSARY TIME/PLACE/MANNER ORDINANCE 1. Current Provision §6.50.020I: "Medical Marijuana Qualifying Patient" means a registry identification cardholder (person who has been diagnosed by a physician as having a debilitating medical condition) as further defined by ORS 475.302(3) or the designated primary giver of the cardholder is defined by ORS 475.302(5)." Comments/Ouestions • Word mistakenly omitted. Possible Revision §6.50.020I: "Medical Marijuana Qualifying Patient" means a registry identification cardholder (person who has been diagnosed by a physician as having a debilitating medical condition) as further defined by ORS 475302(3) or the designated primary caregiver of the cardholder is defined by ORS 475.302(5). 2. Current Provision §6.50.050: [Current version does not address the possibility of intervening federal or state enforcement.] Comments/Ouestions • Permittees should have clear notice that the risk of subsequent enactments or enforcement by state or federal government rests exclusively with the permittees. That is, issuance of a City permit is not any assurance against later state or federal action, and does not give permittees any legal basis for a claim against the City. Possible Revision Insert new §6.50.050B after current §6.50.050A: A dispensary Permit terminates automaticaliv if federal or state statutes, regulations or guidelines are modified, changed, or interpreted in such a wav by state or federal law enforcement officials as to probibit operation of a dis ensarv under this ordinance. 3. Current Provision §6.50.060E: "Operating hours must be no earlier than 7:00 a.m. or later than 7:00 p.m. on the same day." Comments/Ouestions • Should allow for deliveries, stocking, etc. at night. Possible Revision §6.50.060E: Operating hours for retail sales to Medical Marijuana Qualifying Patients must be no earlier than 7:00 a.m. or later than 7:00 p.m. on the same day. J 4. Current Provision §6.50.060G: "The dispensary must not be co-located with any marijuana social club or smoking club." Comments/Questions • Clarification needed to define "co-location." Possible Revision §6.50.060G: The dispensary must not be co-located on the same property or within the same building with any marijuana social club or smoking club. 5. Current Provision §6.50.060I: "A person who has been convicted in any state for the manufacture or delivery of a controlled substance listed in CFR Schedule I or Schedule II once or more in the previous five years or twice or more in the person's lifetime may not (1) be an operator of a dispensary; (2) have an ownership interest of 5% or more in the facility or in any entity that has a 25% or more ownership interest in the facility; (3) provide equity or debt financing for the dispensary; or (4) have an ownership interest of 5% or more in any entity that provides or has provided equity or debt financing for the dispensary." Comments/Questions a What constitutes a disallowed financial interest is somewhat complex, and probably belongs in the definitions section. o Perhaps a person with a history of drug-related convictions should not be allowed to have any financial interest in a dispensary. a Perhaps a person with any history of felony convictions relating to money management fraud or the use or distribution of controlled substances should not be allowed to have a financial interest in the dispensary Possible substitute §6.50.0601: A person with any history of felony convictions relating to monev management fraud or the use or distribution of controlled substances may not (1) be an operator of a dispensary: (2) have a financial interest in the dispensary. Also, insert new §6.50.020D after current §6.50.020C: D. "Company Principal" means a person who is an officer or director of a legal entity or has a controlling interest in the entity, through ownership or control of 10% or more of the stock in the entitv or 10% or more of the total membership interest in the entity or 10% or more of the total investment interest in the entity: Also, insert new §6.50.020F after current §6.50.020E: E. "Financial Interest" exists when a person, the person's immediate family, or a legal entity of which the person is a company principal 1 receives or is entitled to receive directly or indirectly any of the profits of the dispensary; (2) rents or leases real property to the operator for use by the business; (3) rents or leases personal property to the operator for a commercially unreasonable rate; (4) lends or gives money, real property or personal property to the operator for use in the business. 6. Current Provision §6.50.060: [Current version does not address selling medical marijuana obtained in the dispensary proper to third parties elsewhere on the premises.] Comments/Ouestions • Providing unregulated marijuana to third parties outside of dispensaries has been a problem elsewhere: Possible Revision Add §6.50.060N: Sales or any other transfers of marijuana products must occur inside the dispensary building and must be conducted only between the dispensary and Medical Marijuana Qualifying Patients. 7. Current Provision §6.50:065: The Police Department will conduct background checks to determine whether any person named therein has been convicted in any state for the manufacture or delivery of a controlled substance listed in CFR Schedule I or Schedule II once or more in the previous five years or twice or more in the person's lifetime and so inform the Community Development Department." Comments/Questions • Criminal record information should be retained by APD, and Community Development only needs to know whether or not all the persons named in the permit application passed the required background checks. Possible Revision §6.50.065: The Police Department will conduct background checks to determine whether any person named therein has been convicted in any state for the manufacture or delivery of a controlled substance listed in CFR Schedule I or Schedule II once or more in the previous five years or twice or more in the person's lifetime and se inform the Community Development Department whether or not all the persons named in the permit application passed the required background checks. Subject to Section 6.50.090, the Police Department will retain in its confidential files a record of the results of the background checks.