First Draft Of New Lake County, CA Medical Marijuana Law!

[Skip]

Yes, this is an exclusive folks! Here is your first look at what is being proposed for Lake County's medical marijuana ordinance.

At first look, I'd say it's pretty fair, as it seems to cover most issues, but there are some specific items that don't make sense, such as 1 and 10 acre minimums for land on which cannabis is being grown.

I'm still digesting this info. Let me know what you all think of it.

Here's the file I've uploaded to the server (a .doc file)
http://www.icmag.com/ic/pdf/lakecountymmj.doc

The hearing where this ordinance will be presented has been rescheduled for Aug 4th, 2009 at 1:30 pm in the Board of Supervisors chambers in Lakeport. Be there!

 

[Skip]

Apparently you cannot grow outdoors at all within a community, only indoors. Collectives must OWN at least 1 acre outside of communities "growth boundaries" to grow there.

That isn't right. It means ppl must buy land just to grow, even if they already own land!

I think these acreage limits were included to 'stimulate' local land sales. If this passes, there will be a lot of land in this county changing hands...

Oh, and the BIGGEST IRONY of all this is that under these rules, Eddy Lepps grow with 30,000 plants might've been completely legal!

Now he's rotting in jail for 10 years for doing something that will soon be legal! And he can't even get his medicine in prison!

 

[FreedomFGHTR]

DELETED BY AUTHOR

 

[zeddius2]

"This Article is intended to be consistent with the Compassionate Use Act and the Medical Marijuana Program Act, and towards that end, it is not intended to and does not criminalize activity which is otherwise permitted under state law, and it is not intended to and does not authorize conduct that is otherwise prohibited by state law."


freedomfghtr doesn't this say that its not againts 215 and 420?

 

[FreedomFGHTR]

DELETED BY AUTHOR

 

[DoobieDuck]

If you are in Lake County I wouldn't whisper a word of this to the board of supervisors. Instead let them pass this crap, the first who gets messed with will kick the counties ass in court.

first... Skip thanks for posting. I am not a resident there FreedomFGHTR...but I am someone who realizes what happens there affects us all. Plus I like the way you state and accomplish things FF ^^....respect to you both..DD

 

[FreedomFGHTR]

DELETED BY AUTHOR

 

[bruijngenetics]

that just makes me sick about eddy. he should be let out if this passes!

 

[Skip]

If they are passing this the county is saying they can take your property including your home if you grow or sell too much pot.

Yes, that seems to be one of the intents of this law is to give law enforcement a way to seize property if not in 100% compliance. And their requirements for acreage just gives them more incentive to seize (thieve) what is not theirs.

Law enforcement should not be given ANY such incentives to do their job.

Also the restrictions on outdoor growing in communities will require more people to grow indoors (a waste of energy & resources & costly esp. if the setups must meet county building regulations). This will result in a huge boon to grow shops. I'm wondering if they got that inserted so they could make more $$$.

If they allowed outside grows (perhaps not visible to anyone), more people would do that, less sales of indoor equipment.

Lake County has a perfect climate for growing outdoors. If you're allowed to grow a few grapevines in your backyard you should be able to grow a few cannabis plants too.

In any case, remember:
a) this is the first draft
b) a hearing is scheduled for public input
c) just wait until we have our say

 

[Skip]

This just in from an attorney:

In Para 2, they delete the word "associate" from 11362.775, which may be stronger than the words collectively or cooperatively. An association is merely a group of legal folks.

Also they say that 11362.775 provides a "limited defense". I can't remember any decision which used the words or language "limited defense," as from Mower its a :limited immunity." You have to challenge this language and ask where it came from & who twisted this into this draft. They are playing hard & fast hoping nobody will see their word
magic.

I agree that not only must we challenge their wording, but demand to know who is inserting what into this ordinance so we can flush out the special interests that are tailoring this bill to fit their ever expanding pocketbooks at our expense.

 

[headimonster]

can someone upload it to pdf or other than doc. i dont have a doc viewer or anything.....

 

[zeddius2]

can someone upload it to pdf or other than doc. i dont have a doc viewer or anything.....

if your running windows it comes with wordpad(.doc)
but ya pdf would be the crossplatform prog to use :}

go here http://www.doc2pdf.net/

 

[headimonster]

so they put eddy in jail and pass this??? does this mean if it passes they can appeal eddys case???

 

[Skip]

headi, I would hope it would help his appeal. According to the most recent guidelines from the US Attorney General, they are only going after those who violate both state and federal law. In this case it would only be a county law. Federal law was still violated.

But County officials would not be able to assist in a similar bust if the grow meets County regulations.

I think we need to add a part to this ordinance that specifically PROHIBITS any county employee from assisting any Federal or other agency in investigating or busting a grow that complies with county regulations.

In fact, why not put in the law that the County is obligated to PROTECT such grows from any interference from other agencies?

I would love to see those County employees, whose salary we pay, get right in front of the Feds and protect a legal grow. Imagine that picture on the cover of a dozen magazines! We must remind all our employees that they work for us, not the US gov't!

 

[justalilrowdy]

"First draft" and its far from done.. We have a long way to go.
Next BOS meeting on the subject will be held Aug 4th and interested folks should be there.

 

[lysol]

unfortunately the law doesnt work like that though, if there is a federal terrorist law that is stronger then the state's, no law would ever pass to require the state to expend resources to "cover up" crimes for the feds.

Now a plant isnt hurting anyone but that is currently how the public sees it, thats why I dont think theyd put the local cops "infront" of the feds, that would be neat if they did though, what about if your local laws are stricter then the feds laws though? Certainly then you would want the fed laws to apply if you happened to be busted by a fed agent

 

[Jahminded]

This draft is horrible. It sets too many requirements and gives authorities too much power.

 

[Skip]

I agree that there seem to be specific inclusions to benefit the likes of the Police dept (to seize land), that are unnecessary to ensure safe access to medicine. We need to remind the BOS that that is what this ordinance is about, not punishing those who grow to provide medicine.

But consider this: If the ordinance as it stands would've allowed Eddy Lepp's grow, then we have come a very long way.

Eddy tried to do things by the book. If a group can now grow 30,000 plants and has the paperwork to allow it, then we are on the right track!

 

[Payaso]

Breaking news!

Lake County

Community Development
IS PROPOSING
AN ORDINANCE OF THE COUNTY OF LAKE
ADDING
ARTICLE 72 TO CHAPTER 21 OF THE LAKE COUNTY CODE
TO IMPLEMENT ZONING AND USE PERMIT REGULATIONS FOR MEDICAL MARIJUANA COLLECTIVES AND COOPERATIVES

A Hearing will be held on:
August 4, 2009 @ 1:30 p.m.
In the Board of Supervisors Chambers, 1st Floor
Lake County Court House
255 No. Forbes St.
Lakeport CA.

"Be there or be square."


Call your District Supervisors
Ph: 707-263-2368
Fax: 707-263-2207

District 1 Jim Comstock ~ jcomstock@co.lake.ca.us (Middletown, Hidden Valley, Cobb, Lower Lake)

District 2 Jeff Smith ~ jeff_s@co..lake.ca.us (Clearlake Park, Windflower Point)

District 3 Denise Rushing ~ deniser@co..lake.ca.us & visit her website @ www.DeniseRushing.org (Blue Lakes, Upper Lake, Nice, Lucerne, Glenhaven, Clearlake Oaks, Lake Pillsbury, Spring Valley)

District 4 Anthony Farrington ~ anthonyf@co.lake.ca.us (Lakeport Scotts Valley, Finley, Lampson Airport, Highland Springs)

District 5 Rob Brown ~ rbrown@co.lake.ca.us (Kelseyville, Clear Lake Rivieras, Buckingham, Loch Lomond, )

 

[Payaso]

The following has been presented as an alternative ordinance to the one created by the County Supervisors in Lake COunty, California. There is a meeting on Tuesday, August 4th at 1:30 pm in the BOS Chambers in Lakeport (see post above).

ORDINANCE NO
AN ORDINANCE OF THE COUNTY OF LAKE
ADDING CHAPTER 31 MEDICAL CANNABIS Art. I. GUIDELINES, §§ 31-1--31-6
MEDICAL CANNABIS GUIDELINES FOR THE IMPLEMENTATION OF PROPOSITION 215 [California Health & Safety Code § 11361.5 et. Seq.] AND CALIFORNIA SENATE BILL 420 [Health & Safety Code § 11362.7 ET. SEQ.]

WHEREAS, The voters of the State of California approved Proposition 215 by 56% and Lake County voters by 52%, (codified as Health and Safety Code, Section 11362.5 et seq.) entitled “The Compassionate Use Act of 1996: (Act)
WHEREAS, Section 1. Section 11362.5 is added to the California Health and Safety Code, to read: 11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996. (b) (1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows: (A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the persons health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine or any other illness for which marijuana provides relief.(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.(C) To encourage the federal and state governments to implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.(2) Nothing in this act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes.(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.(e) For the purposes of this section, Primary caregiver means the individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health or safety of that person. Sec. 2. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure which can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.
WHEREAS, The State of California enacted SB420 in 2004, Health and Safety Code sections 11362, et seq,. (“Medical Cannabis Program”), to clarify the scope of the Compassionate Use Act of 1996 and to allow cities and other governing bodies to adopt and enforce regulations consistent with Proposition 215 and SB 420.
WHEREAS, SB420 reads as: SECTION 1. (a) The Legislature finds and declares all of the following: (1) On November 6, 1996, the people of the State of California enacted the Compassionate Use Act of 1996 (hereafter the act), codified in Section 11362.5 of the Health and Safety Code, in order to allow seriously ill residents of the state, who have the oral or written approval or recommendation of a physician, to use marijuana for medical purposes without fear of criminal liability under Sections 11357 and 11358 of the Health and Safety Code. (2) However, reports from across the state have revealed problems and uncertainties in the act that have impeded the ability of law enforcement officers to enforce its provisions as the voters intended and, therefore, have prevented qualified patients and designated primary caregivers from obtaining the protections afforded by the act. (3) Furthermore, the enactment of this law, as well as other recent legislation dealing with pain control, demonstrates that more information is needed to assess the number of individuals across the state who are suffering from serious medical conditions that are not being adequately alleviated through the use of conventional medications. (4) In addition, the act called upon the state and the federal government to develop a plan for the safe and affordable distribution of marijuana to all patients in medical need thereof. (b) It is the intent of the Legislature, therefore, to do all of the following: (1) Clarify the scope of the application of the act and facilitate the prompt identification of qualified patients and their designated primary caregivers in order to avoid unnecessary arrest and prosecution of these individuals and provide needed guidance to law enforcement officers. (2) Promote uniform and consistent application of the act among the counties within the state. (3) Enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects. (c) It is also the intent of the Legislature to address additional issues that were not included within the act, and that must be resolved in order to promote the fair and orderly implementation of the act. (d) The Legislature further finds and declares both of the following1) A state identification card program will further the goals outlined in this section.(2) With respect to individuals, the identification system established pursuant to this act must be wholly voluntary, and a patient entitled to the protections of Section 11362.5 of the Health and Safety Code need not possess an identification card in order to claim the protections afforded by that section.(e) The Legislature further finds and declares that it enacts this act pursuant to the powers reserved to the State of California and its people under the Tenth Amendment to the United States Constitution.
Sec. 31-1. Findings and Policy
1.1 The purpose of this ordinance is to implement California Health and Safety Code Section 11362.5, known as the Compassionate Use Act.
1.2 To help ensure that Lake County residents can cultivate, obtain and use cannabis for medical purposes where that medical use has been deemed appropriate by a physician in accordance with California law.
1.3 To help ensure that the qualified patients and their primary caregivers who obtain or cultivate cannabis solely for the qualified patient’s medical treatment are not subject to arrest, criminal prosecution, or sanction.
1.4 To protect citizens from the adverse impacts of irresponsible medical cannabis distribution, storage and use practices.
1.5 To establish a new section in the Lake County Code pertaining to the permitted distribution of medical cannabis in Lake County consistent with state law.
1.6 For the purposes of this ordinance, The Lake County Board of Supervisors determines that three (3) pounds of dried cannabis bud per year is a reasonable amount for medical marijuana patients to cultivate, possess and consume their medicine, absent a demonstrated medically prescribed need for a greater amount than three (3) pounds.
1.7 For the purposes of this ordinance the Lake County Board of Supervisors determines that a one-hundred (100) square foot canopy of mature female cannabis plants, typically will yield three (3) pounds of dried processed cannabis bud per year, outdoor, regardless of the number of cannabis plants.
1.8 The Lake County Board of Supervisors through this ordinance exercises its authority under California Health and Safety Code section 11362.77(c) to enact medical marijuana guidelines which allow qualified medical marijuana patients or their primary caregivers to exceed the default threshold of the State of California of eight (8) ounces of dried female cannabis flowers in addition to six (6) mature or twelve (12) immature plants per qualified patient.
1.9 The Lake County Board of Supervisors through this ordinance set a simple, reasonable and efficient guideline for law enforcement officers to use in evaluating individual and collective patient medical cannabis gardens and on-hand supplies.

31-2. DEFINITIONS
2.1 For the purposes of this article, the following words and phrases shall have the following meanings.
(a) "Attending physician" means an individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate.
(b) "Department" means the State Department of Health Services, or the County Department of Health.
(c) "Person with an identification card" means an individual who is a qualified patient who has applied for and received a valid identification card pursuant to this article.
(d) "Primary caregiver" means the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, and may include any of the following:
i. An individual who has been designated as a primary caregiver by more than one qualified patient or person with an identification card, if every qualified patient or person with an identification card who has designated that individual as a primary caregiver resides in the same city or county as the primary caregiver.
ii. An individual who has been designated as a primary caregiver by a qualified patient or person with an identification card who resides in a city or county other than that of the primary caregiver, if the individual has not been designated as a primary caregiver by any other qualified patient or person with an identification card.
iii. A primary caregiver shall be at least 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.
(f) "Qualified patient" means a person who is entitled to the protections of Section 11362.5, but who does not have an identification card issued pursuant to this article.
(g) "Identification card" means a document issued by the State Department of Health Services that document identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.
(h) "Serious medical condition" means all of the following medical conditions: (1) Acquired immune deficiency syndrome (AIDS). (2) Anorexia. (3) Arthritis. (4) Cachexia. (5) Cancer. (6) Chronic pain. (7) Glaucoma. (8) Migraine. (9) Persistent muscle spasms, including, but not limited to, spasms associated with multiple sclerosis. (10) Seizures, including, but not limited to, seizures associated with epilepsy. (11) Severe nausea. (12) Any other chronic or persistent medical symptom that either: (A) Substantially limits the ability of the person to conduct one or more major life activities as defined in the Americans with Disabilities Act of 1990 (Public Law 101-336). (B) If not alleviated, may cause serious harm to the patient's safety or physical or mental health. (i) "Written documentation" means accurate reproductions of those portions of a patient's medical records that have been created by the attending physician, that contain the information required by paragraph (2) of subdivision (a) of Section 11362.715, and that the patient may submit to a county health department or the county's designee as part of an application for an identification card.
(i) “Medical Cannabis Cultivation Collective” means one or more qualified patients and their caregivers who collectively cultivate medical cannabis for their own personal medical use. SB 420 expressly states that qualified patients and primary caregivers may collectively or cooperatively cultivate cannabis for medical purposes and share the burden and cost of its collective cultivation efforts.
(j) “Medical Cannabis Dispensing Collective” means a storefront facility that provides medical cannabis and other services to qualified patients in need. They are a membership only facility and allow only patients and caregivers to obtain medical cannabis after membership is approved (upon verification of patient documentation). Many dispensing collectives offer on-site consumption, providing a safe and comfortable place where patients can medicate and receive instructions for effective ways to medicate. Dispensing collectives may offer additional services for their patient membership, including such services as massage, legal trainings, free meals, donated goods, counseling, and other services that may benefit their patient membership. These Dispensing collectives are legal under state law. SB 420 expressly states that qualified patients and primary caregivers may collectively or cooperatively cultivate and distribute cannabis for medical purposes. And provides for reimbursement for cannabis and services in connection with collectives and cooperatives that distribute cannabis to its members. Under the collective model, qualified patients who are unwilling or unable to cultivate marijuana on their own cans still have access to marijuana by joining together with other qualified patients to form a collective.
31.3 APPLICATION
3.1 A qualified patient or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may possess amounts of cannabis up to three (3) pounds of dried cannabis bud or conversion per medical cannabis patient.
3.2 To produce three (3) pounds of dried cannabis bud or conversion per medical cannabis patient, such persons may cultivate cannabis in an amount per qualified patient not to exceed more than 100 square feet of total garden canopy as measured by the combined vegetative growth area.
3.3 Qualified medical cannabis patients, and caregivers who collectively or cooperatively cultivate marijuana for medical purposes shall not exceed the standards set forth in this section.
3.4 If a qualified medical cannabis patient or primary caregiver has a physicians recommendation that the quantity described in this section are not sufficient to meet the medical cannabis patient’s needs, said patient or caregiver may possess an amount of marijuana consistent with the physician’s written recommendation.
3.5 Within six months of the date that this ordinance becomes effective, the training materials, handbooks, and printed procedures of the Lake County Sheriffs Department shall be updated to reflect its provisions. These updated materials shall be made available to officers in the regular course of their training and service.
3.6 Qualified patients, their primary caregivers, and medical cannabis cultivation collectives who come into contact with Lake County law enforcement will not be cited or arrested and dried cannabis or cannabis plants in their possession will not be seized if they are in compliance with the provisions of this section.
3.7 Qualified patients, their primary caregivers, and medical cannabis cultivation collectives who come into contact with law enforcement and cannot establish or demonstrate their status as a qualified patient, primary caregiver, or medical cannabis cultivation collective, but are otherwise in compliance with the provisions of this sections, will not be cited or arrested and dried cannabis or cannabis plants in their possession will not be seized if (1) Based on the activity and circumstances, the officer determines that there is no evidence of criminal activity; (2) the claim to be a qualified patient, primary caregiver, or medical cannabis cultivation collective is credible; and (3) proof of status as a qualified patient, primary caregiver, or medical cannabis cultivation collective can be provided to the Sheriffs Department within three business days of the date of contact with law enforcement.
3.8 Law enforcement personnel will compensate person(s) qualified under this ordinance for any amount of medical cannabis which is seized, and then subsequently ordered returned by a court of competent jurisdiction.
3.9 Pooling of Resources Recognized. The County of Lake recognizes that some qualified patients may not have primary caregivers and also may not be able to undertake all the physical activities necessary to cultivate cannabis for personal medical use. Accordingly, this section recognizes that qualified patients may join together with or without their primary caregivers to form a medical cannabis cultivation collective for the personal medical use of the members who are qualified patients
3.10 Restrictions on smoking medical cannabis shall be based on Health and Safety Code 11362.79, which reads: Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of the following circumstancesa) In any place where smoking is prohibited by law. (b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence. (c) On a schoolbus. (d) While in a motor vehicle that is being operated. (e) While operating a boat.
3.11 Restrictions on using medical cannabis shall be based on Health and Safety Code11362.795, which reads: (a) (1) Any criminal defendant who is eligible to use marijuana pursuant to Section 11362.5 may request that the court confirm that he or she is allowed to use medical marijuana while he or she is on probation or released on bail. (2) The court's decision and the reasons for the decision shall be stated on the record and an entry stating those reasons shall be made in the minutes of the court .(3) During the period of probation or release on bail, if a physician recommends that the probationer or defendant use medical marijuana, the probationer or defendant may request a modification of the conditions of probation or bail to authorize the use of medical marijuana. (4) The court's consideration of the modification request authorized by this subdivision shall comply with the requirements of this section. (b) (1) Any person who is to be released on parole from a jail, state prison, school, road camp, or other state or local institution of confinement and who is eligible to use medical marijuana pursuant to Section 11362.5 may request that he or she be allowed to use medical marijuana during the period he or she is released on parole. A parolee's written conditions of parole shall reflect whether or not a request for a modification of the conditions of his or her parole to use medical marijuana was made, and whether the request was granted or denied. (2) During the period of the parole, where a physician recommends that the parolee use medical marijuana, the parolee may request a modification of the conditions of the parole to authorize the use of medical marijuana. (3) Any parolee whose request to use medical marijuana while on parole was denied may pursue an administrative appeal of the decision. Any decision on the appeal shall be in writing and shall reflect the reasons for the decision. (4) The administrative consideration of the modification request authorized by this subdivision shall comply with the requirements of this section.
31-4 Medical Cannabis Dispensing Collectives- Locations and Permitting
4.1 Location of Medical Cannabis dispensing collectives shall be at least five hundred feet from a public elementary, middle or high school and any other dispensing collectives.
4.2 Notwithstanding the above provisions, (1) shall be waived by the County of Lake if the dispensing collective can show that an actual physical separation exists between land uses or parcels such that no off-site impacts could occur.
4.3 Medical cannabis dispensing collectives shall be located in appropriate commercial districts in which pharmacies or medical clinics would be permitted to be located.
4.4 Permitting of medical cannabis dispensing collectives shall be subject to the same permit requirements and land use restrictions as other businesses in commercial districts in Lake County.
31-5 Performance Standards
Medical cannabis dispensing collectives shall meet the following operational and safety standards
5.1 Pooling of Resources Recognized. The County of Lake recognizes that some qualified patients may not have primary caregivers and also may not be able to undertake all the physical activities necessary to cultivate cannabis for personal medical use. Accordingly, this section recognizes that qualified patients may join together with or without their primary caregivers to form a medical cannabis dispensing collective for the personal medical use of the members who are qualified patients. The County recognizes that not all members of a dispensary will perform the same tasks or contribute to the dispensary in an equal manner. Accordingly, dispensaries are free to decide how to best pool their resources and divide responsibilities in cultivating or providing medical cannabis for the personal medical use of their members who are qualified patients.
5.2 Restriction on Membership. Membership in a dispensing collective must be restricted to qualified patients and their primary caregivers. However, primary caregivers shall not be allowed to obtain cannabis for their own personal use. In addition, a primary caregiver cannot be a member of a dispensing collective unless the primary caregiver’s qualified patient is also a member.
5.3 Restriction on Distribution to Non-Members. Dispensing Collectives and each member thereof, shall not sell, barter, give away, or otherwise distribute medical cannabis to non-members of the cannabis dispensing collective.
5.4 Good Conduct. It is unlawful for any person or association operating a medical cannabis dispensing collective to permit any breach of peace therein or any disturbance of public order or decorum by any disorderly conduct.
5.6 No Alcohol Permits. Dispensing collectives shall not hold or maintain a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages.
5.7 Records. Dispensing Collectives shall maintain adequate records of all patients and primary caregivers served to ensure that all persons are legally qualified under California Health and Safety Code 11362.5. Membership records shall be held as strictly confidential and shall not be part of any public record.
5.8 Security. Dispensaries shall provide adequate security on the premises, including lighting and alarms, to insure the safety of persons and to help protect the premises from theft.
5.9 Contact Information. Dispensing Collectives shall provide city officials and all neighbors located within 50 feet of the establishment with the name, phone number and facsimile number of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the establishment.
5.10 Odors. Dispensing Collectives should have sufficient ventilation and storage facilities so that no odor is evident outside the facility.
5.11 Accessibility and Accommodations. Dispensing Collectives shall be wheelchair accessible and disability accommodations shall be provided upon request.
5.12 The standards set forth in this section shall be enacted by all existing medical cannabis collectives in the County of Lake within one year of its passage.
31-6 Severability
6.1 If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect any other provision or application of this ordinance that can be given effect without the invalid provision or application; and to this end, the provisions or applications of this ordinance are severable.

THIS ORDINANCE, WHEN ENACTED SHALL BE AMENDED TO THE LAKE COUNTY CODE AS CHAPTER 31 MEDICAL CANNABIS Art. I. GUIDELINES, §§ 31-1--31-6