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September 2, 2016 Timetable Revised for
Medical Cannabis Dispensaries By early 2017, the County of Marin
expects to issue licenses for up to four medical
cannabis dispensaries to operate in
unincorporated areas of the county. The Marin County Community
Development Agency (CDA) is reviewing applications and is in the process of
updating its medical cannabis dispensary program webpage with more
information.
An advisory committee will hold public meetings
as early as January to hear from the
public about the proposed applications. The committee will be asked to rank
the applications and present its recommendations to County Administrator
Matthew Hymel regarding which licenses to grant.
"We're being very deliberate and careful as we thoroughly review all the
applications," said Assistant CDA Director Tom Lai. "We know there's a lot of
interest in the community, and there will be adequate time for the public to
provide feedback."
The application period closed August 31. CDA staff is planning for a slightly
longer timeline on the approval process than originally publicized to provide
an opportunity for community feedback and to thoroughly review all 12
applications.
The dispensary program received unanimous support from the Marin County Board
of Supervisors on May 3, 2016. The program was patterned after one adopted in
Berkeley and includes the publication of
an application guide, an application form and a fee schedule.
Under the County's medical cannabis ordinance approved in December 2015, the
County will allow no more than
two dispensaries in the highly populated Highway 101
corridor in eastern Marin and no more than
two in the more rural central and western
parts of the county. All eligible sites are pinpointed on maps provided by CDA.
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Dispensary
Name |
Dispensary
Address |
Applicant |
Primary
Contact |
Primary
Contact Ph# |
|
Access Marin Wellness Center |
150 Shoreline Highway, Mill Valley |
Robert Elam |
Robert Elam |
415-250-9816 |
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Shoreline Health Center |
200 Shoreline Highway, Mill Valley |
John Siotos,
Salwa Ibrahim, and Alexis Parle |
Salwa Ibrahim |
510-637-9909 |
|
Urban Hills |
230 Shoreline Hwy, Mill Valley |
Dustin Pebbles |
Dustin Pebbles |
707-364-7595 |
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Crown Wellness |
256 Shoreline Highway, Mill Valley |
BudGrab Inc. |
Farid Harrison |
415-517-3380 |
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Hunny's Health Center |
300 Poplar St, Mill Valley |
Jason Alley |
Jason Alley |
415-787-2420 |
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Delta 11 |
70 San Pablo Ave, San Rafael |
Alessandro Boggio |
Alessandro Boggio |
415-246-3996 |
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Caregiver Compassion Group Releaf Center |
5 Harbor Dr, Novato |
Douglas Seiler, Berta Bollinger, and Don Hat |
Doug Seiler |
415-595-9664 |
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Marin Compasionate Collective |
5 Harbor Dr, Novato |
Susie Krolicki N.D. |
Susie Krolicki |
415-272-4529 |
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Marin Community Partners |
9 & 11 Harbor Dr, Novato |
Timothy D Schick, and William F. Higgins |
Sabrina Fendrick |
571-277-8043 |
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Forest Knolls Wellness |
6700 Sir Francis Drake Blvd, Forest Knolls |
Forest Knolls Wellness |
Natalia Thurston |
415-240-9024 |
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Even Tide Medical Cannabis Dispensary |
7282 Sir Francis Drake, Lagunitas |
Deborah Reynolds |
Deborah Reynolds |
510-917-6629 |
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Craftcanna Health Center |
20105 Hwy 1, Marshall |
Jyoti Sroa, and Aaron Godbout |
Jyoti Sroa |
415-306-4930 |
Marin County Medical Cannabis Dispensary Program
On December 8, 2015, the Marin County Board of Supervisors adopted
Ordinance 3639 which established regulations allowing for licensing up
to four medical cannabis dispensaries in the unincorporated areas of Marin
County. The Dispensary Application Guide outlines the process and criteria
used by the County to select the best qualified medical cannabis
dispensary operators and sites. Applicants will compete for the Dispensary
Licenses, and the program will be administered consistent with Proposition
215 and the California Compassionate Use Act.
Overview
The application process includes the following four (4) phases:
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(1) Application Filing;
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(2) Staff review;
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(3) Advisory Committee review; and
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(4) County Administrator decision.
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Application Filing (Phase 1)
The Community Development Agency will open the initial
and all subsequent filing periods for Dispensary Licenses for a period
of no less than 30 days, and notify interested parties, including
subscribers to the County’s webpage for the Medical Cannabis Dispensary
Program (
http://www.marincounty.org/main/medical-cannabis-dispensary-ordinance ). The County will only accept applications for Dispensary
Licenses during the noticed time period(s). Applications filed outside
of the noticed time periods will be rejected. The Community Development
Agency will also conduct at least one briefing with prospective
Applicants to discuss the submittal requirements, timeline, and process
prior to the close of the application intake period.
Submittal Requirements
The
Dispensary License Application (“Application”) is comprised of six (6)
components.
All applicants are required to submit a completed Application and
non-refundable application review fee using the forms provided by the
Community Development Agency. The Application shall include the
following signed declarations from the appropriate entities:
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(1) a statement by the applicant that he or she certifies under
penalty of perjury that all the information contained in the
application is complete and accurate;
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(2) a statement by the property owner (if different from the
applicant) that he or she certifies under penalty of perjury that the
applicant has his/her consent to submit an Application at the proposed
site; and
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(3) a statement by the applicant and property owner (if different from
the applicant) that grants authorization for the County, and its
agents and employees, to seek verification of the information
contained within the Application and to enter the property to inspect
the premises and process the Application.
The
following application submittal materials shall be provided.
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One completed and signed original copy of
the “Marin County Medical Cannabis Dispensary Application” form, 10
photocopies of the completed and signed form, and one electronic (pdf)
copy of the completed and signed form.
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Application fees as required by Board of
Supervisors Resolution 2016-40.
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Ten copies of complete sets of plans not
to exceed 24 inches by 36 inches, collated and folded to a size no
larger than 11 inches by 17 inches, plus one set of reduced plans no
larger than 11 inches by 17 inches, and one pdf of all plan sheets.
The reduced plan set shall include a scale conversion that allows
approximate measurements to be made. All plans shall identify the
name(s) of the plan preparer and be dated.
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Ten copies and an electronic (pdf) copy of
all supplemental documents shall be submitted. Documents shall not
exceed a size of 11 inches by 17 inches, with minimum font size of 12
points. All documents shall be clearly labeled with the name of the
applicant and address of the proposed dispensary, pages numbered,
either typed or written in blue or black ink, and shall be accompanied
by an electronic (pdf) version of all documents.
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The application shall be accompanied by an
index that cross-references responses to all application submittal
items to the exact document and/or location where the information is
provided. Please see attached example.
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Applicant Information
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Name of Applicant. The full name
(including any current or prior aliases, or other legal names the
applicant is or has been known by, including maiden names), present
address, and telephone number of the applicant and evidence that the
applicant is also a qualified Patient/Caregiver. “Applicant”
includes an individual owner, managing partner/principal, operator,
or anyone with an ownership or other proprietary interest in a
dispensary. As used herein, the term “applicant” is also to be
construed to include its use in the plural (applicants). If the
applicant is a corporation or business entity, submit the Articles
of Incorporation and Bylaws that have been previously filed with the
State of California and a signed declaration by an officer who is
also a qualified Patient/Caregiver. In case of joint venture or
other joint-prime relationships, an officer of each venture partner
shall be listed as co-applicants;
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Mailing Address. The address to which
all correspondence about the Application is to be mailed;
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Previous Addresses. Previous addresses
for the past three years immediately prior to the present address of
the applicant;
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Age Verification. Written proof that the
applicant is over the age of 18 years of age;
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Physical Description. Applicant's
height, weight, color of eyes and hair;
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Photographs. Passport quality
photographs for identification purposes;
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Employment History. All business,
occupation, or employment of the applicant for the three years
immediately preceding the date of the application;
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Tax History. Any business tax history of
the applicant, including whether such person(s), in previously
operating in this county, a city within Marin County, or another
city, county or state under license has had a business license
and/or zoning permit revoked or suspended, and the reason therefor,
and the business or activity or occupation subsequent to such action
of suspension or revocation;
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Management Information. The name or
names and addresses of the person or persons having the management
or supervision of applicant's business;
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Criminal Background. A live scan
submission for the applicant. This includes, at a minimum, a
background investigation verifying whether the person or person
having the management or supervision of applicant's business has
been convicted of a crime(s), the nature of such offense (s), and
the sentence(s) received therefore;
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Employee Information. Anticipated number
of employees, volunteers, and other persons who will work at the
dispensary;
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Project Narrative and Business Plan
The applicant shall submit a project narrative that describes the
business model and plans, including a summary of the proposed location
of the dispensary, dispensary size, number of patients, purpose, and a
statement and/or information that establishes the need for the
proposed dispensary to serve qualified patients in the area. The
narrative shall also include a comprehensive written response
demonstrating compliance with Ordinance 3639, including how the
Application complies with each of the standards and criteria for
review, and include relevant information that demonstrates the
applicant’s knowledge of local, state, and federal laws governing
medical cannabis.
The Business Plan shall provide details of the entity that is seeking
to obtain the Dispensary License, and articulate the full scope of
work proposed, partnerships, property and location, relationship to
property owner, and provide details of the day-to-day operation of the
dispensary. The Business Plan shall also explain how the proposal will
conform to State and County laws relative to the business operating as
a not-for-profit entity.
The applicant shall submit a schedule outlining the timeline for any
proposed construction and improvements and the type and number of
building and other construction permits that are required, along with
a general timeline for opening the dispensary.
The applicant shall demonstrate sufficient capital in place to build,
secure, and start up the proposed dispensary. Such costs shall include
applicable County fees. The applicant shall demonstrate sufficient
financing to cover construction, start-up, equipment, and packaging.
Financial information shall include estimated costs to build, operate,
compensate employees, equipment costs, utility costs, and other
Operations and Management, as needed. Applicants shall provide
three-year Pro Formas and the following documents to substantiate
their ability to operate the dispensary:
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A description of the source and uses of
the capitalization funds, and how the funds are to be expended; and
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Three years of Audited Financial
Statements and Tax Returns for Corporate entities that have been in
existence for three or more years; for entities in existence fewer
than three years, documentation establishing the entity (such as
Articles of Incorporation) and three years of Financial Statements
and Tax Returns from at least two Management Members.
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Operating Plan
The applicant shall submit a plan of operations describing how the
dispensary will operate consistent with the intent of State and County
law and the provisions of this chapter, including but not limited to:
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Ensuring cannabis is not purchased or
sold by the dispensary in a manner that would generate a profit;
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Controls that will assure medical
cannabis will only be dispensed to qualifying patients or
caregivers;
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Controls that will ensure limitations on
number of patients are adhered to;
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Controls that will ensure access to
dispensary premises is adequately monitored and restricted to
pre-approved qualified patients and caregivers; and
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Method for ensuring that a qualified
patient's physician is not recommending cannabis for other than
medically appropriate reasons.
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Site and Improvement Plans
The applicant shall submit plans of the property that is proposed for
the dispensary, including the following:
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Site Plan. A sketch or diagram showing
the exterior configuration of the premises, including the outline of
all structures, parking, trash disposal, and landscape areas, and
property boundaries. The sketch or diagram need not be
professionally prepared, but must be drawn to a designated scale or
drawn with marked dimensions to an accuracy of plus or minus six
inches with all parking/delivery/loading areas and paths of travel
that comply with the Americans with Disabilities Act clearly labeled
and dimensioned;
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Neighborhood Context Map. An accurate
straight-line drawing depicting the building and the portion thereof
to be occupied by the dispensary, all properties and uses within
1,000 feet of the boundaries of the property on which the dispensary
permit is requested, and: (a) the property line of any dispensary
within 800 feet of the primary entrance of the dispensary for which
a license is
requested, (b) the property line of any "smoke shop" within 800 feet
of the primary entrance of the dispensary, and (c) the property
lines of any school, park, or residential zone or use within 800
feet of the primary entrance of the dispensary;
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Floor Plan. A sketch or diagram showing
the interior configuration of the premises, including a statement of
the total floor area occupied by the dispensary. The sketch or
diagram need not be professionally prepared, but must be drawn to a
designated scale or drawn with marked dimensions of the interior of
the premises to an accuracy of plus or minus six inches; and
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Lighting Plan. A lighting plan showing
existing and proposed exterior premises and interior lighting levels
that would be the minimum necessary to provide adequate security
lighting for the use.
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Security Plan
The applicant shall submit a detailed security plan outlining the
proposed security arrangements for assuring the safety of persons and
to protect the premises from theft and robbery. The plan shall include
general security policies for the facility, employee specific
policies, training, sample written policies, transactional security,
visitor and neighborhood security, and security for delivery services.
The plan shall include the location/placement of all physical
components of the security plan (including installation of security
cameras and a robbery alarm system monitored by a licensed operator),
and a security assessment of the site conducted by a qualified
professional. Plans shall consider all potential security threats and
plan for any contingency needed for these situations. The County may
limit the amount of information about the proposed security plan that
is available for public review and comment.
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Public Benefits Plan
To
further demonstrate the exceptional merits of a proposed Application,
applicants are requested to submit a Public Benefits Plan which
addresses the following considerations:
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Whether the dispensary will be
locally owned where more than 50%
of the ownership interest is by a resident living in the County of
Marin;
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Whether the dispensary will adhere to
compensation policies that are consistent with the County’s Living
Wage Ordinance (Marin County Code Chapter 2.50) for staff and
employees;
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Whether the dispensary agrees not to
interfere with employees’ decisions to unionize, thereby being a
“card check neutral” facility;
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Whether the dispensary will implement a
community relations program with
staff who are assigned as points of contact to address neighborhood
concerns, and if so, details of such a program;
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Whether the dispensary will implement an
educational awareness program that explains the benefits and
potential abuses of cannabis, and to provide information and/or
referrals to substance use disorder education, prevention, and
treatment programs, and if so, details of such a program;
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Whether the dispensary will seek and
maintain certification as a Marin County Green Business;
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Whether the dispensary will offer a
reduced pricing plan for qualified
low income patients and military veterans who are Marin County
residents, and if so, the level of subsidy that will be provided to
the qualified patients; and
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Whether the dispensary will implement
the following minimum labeling and warning requirements from the
State’s Medical Marijuana Regulation Safety Act:
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(a) labeling all medical cannabis
product and placing them in a tamper-evident package;
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(b) including source and date of
manufacture and cultivation prominently displayed and in a clear
and legible font;
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(c) listing pharmacologically active
ingredients including tetrahydrocannabinol (THC), cannabidiol (CBD),
and other cannabinoid content;
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(d) using generic food names to
describe edible medical cannabis products;
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(e) referencing to “medical use only
and Schedule I Controlled Substance” on packages;
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(f) identifying the net weight of the
medical cannabis for packages containing only dried flower;
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(g) adding warnings if nuts or other
known allergens are used;
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(h) adding warnings about the
medicine’s intoxicating effects; and
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(i) ensuring that packages and labels
use designs that are not attractive to children.
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Staff Review (Phase 2)
The Staff Review phase includes two subphases.
The first subphase involves a review of the Application package to
ensure it contains all required information and is deemed complete.
Applicants who submitted all required elements will be notified,
generally within 120 days of filing, that their application is
complete and accepted for processing or rejected. The applicant may be
required to submit clarifications and/or additional information in
order to get a complete application. Upon notification that an
application submittal is incomplete, generally within 30 days of
filing, the applicant will be granted an extension of time not to
exceed 30 additional days to submit all materials required to complete
the application. If the application remains incomplete in excess of 30
days the application shall be rejected, unless an extension is granted
based on receipt of an extension request from the applicant prior to
the expiration of the 30-day time period. The time period for granting
or denying a license shall be stayed during the period in which the
applicant is granted an extension of time. The decisions governing
completeness and extensions are final and not appealable.
The second subphase involves a review of the completed application by
a Staff Review Panel, comprised of County staff and/or experts who
will comment on the applications within their respective areas of
expertise. The panel members will be selected by the Community
Development Agency Director and may include, but are not necessarily
limited to, those with expertise in land use planning, public safety,
sustainability, building codes, finance, and law enforcement/security.
The staff review panel will evaluate the relative strengths and
weaknesses of each Application and forward its comments, within
approximately 30 days, to the Medical Cannabis Dispensary Advisory
Committee (“MCDAC”). The comments made by the Staff Review Panel are
final and cannot be appealed.
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Medical Cannabis Dispensary Advisory
Committee Review (Phase 3)
The County Administrator will appoint a minimum
5-member Medical Cannabis Dispensary Advisory Committee (MCDAC).
Committee members may include, but are not necessarily limited to,
current or past elected officials of public agencies in Marin County,
County/City administrators, and County/City Community
Development/Planning Directors. Members may also include health
professionals and/or patient advocates and members with expertise in
law enforcement, prosecution, or defense. The MCDAC is charged with
reviewing the comments from the Staff Review Panel, to convene public
meeting(s) to receive public input on the applications, to numerically
rank and score the proposals, and to make its recommendation to the
County Administrator, generally within 60 days from receipt of the
comments from the Staff Review Panel.
At least 10 days prior to the public meeting(s),
notices will be mailed to owners of properties located within 1,000
feet from the exterior property boundaries of the sites that are
proposed as dispensaries, distributed electronically to all
subscribers to the County’s Medical Cannabis Dispensary website (
http://www.marincounty.org/main/medical-cannabis-dispensary-ordinance ), and published in the Marin Independent Journal. The
Community Development Agency Director may also provide additional
notice of the MCDAC meeting(s), as necessary or desirable, such as
posting notices in public locations within a community.
Applicants will be invited to make a presentation of
their applications before the MCDAC and to answer questions from the
MCDAC. The MCDAC will also invite comments
from the public. Within 30 days following the public meeting, the
MCDAC will issue its final recommendations to the County
Administrator. The recommendations made by the MCDAC are
final and cannot be appealed.
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County Administrator Review and Action
The
County Administrator will review each Application and consider
comments from the staff review committee and the recommendations from
the MCDAC prior to issuing a Notice of Decision.
' The County Administrator shall either grant or deny the Application
in accordance with the provisions of Ordinance 3639 or refer an
Application for a license to the Board of Supervisors, generally
within 30 days from receipt of the recommendations from the MCDAC.
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In approving a Dispensary License, the
County Administrator may impose conditions, restrictions or require
revisions to the proposal to comply with the purpose and intent of
Ordinance 3639. The applicant is responsible for paying a financial
deposit to cover all costs to be incurred by the County in the
administration of the Dispensary License, including condition
compliance review, and investigation of complaints.
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The County Administrator shall cause a
written notice of his or her decision to issue or deny a Dispensary
License to be mailed to the applicant by U.S. mail.
Review Criteria
The
Notice of Decision shall include findings relative to the following
review criteria:
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That the Dispensary License is
consistent with the intent of Proposition 215 and related State law,
and the provisions of Ordinance 3639, including the application
submittal and operating requirements herein.
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That the dispensary location is not
identified as having significant crime issues (e.g., based upon
crime reporting district/statistics as maintained by law enforcement
agencies).
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That there have not been significant
numbers of calls for police service, crimes or arrests in the area
or to an existing dispensary location.
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That an applicant or employee is not
under 18 years of age.
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That all required application materials
have been provided and/or how the dispensary will be operated
successfully in a manner that shows it would comply with the
operating requirements and standards specified in Ordinance 3639.
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That all required application fees have
been paid and reporting requirements have been satisfied in a timely
manner.
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That an appropriate limit on size of the
dispensary has been established and the requested license is in
compliance with the provisions of Ordinance 3639 and any other
applicable State or local ordinance.
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That the location is not prohibited by
the provisions of Ordinance 3639 or any local or state law, statute,
rule or regulation and no significant nuisance issues or problems
are anticipated or resulted.
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That the site plan, floor plan, and
security plan have incorporated features necessary to assist in
reducing potential crime-related problems and as specified in the
operating requirements section. These features may include, but are
not limited to, security on-site; procedure for allowing entry;
openness to surveillance and control of the premises; the perimeter,
and surrounding properties; reduction of opportunities for
congregating and obstructing public ways and neighboring property;
illumination of exterior areas; and limiting furnishings and
features that encourage loitering and nuisance behavior.
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That no dispensary use, owner, licensee,
agent, or employee has violated any provision of Ordinance 3639
including grounds for suspension, modification or revocation of a
license.
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That all reasonable measures have been
incorporated into the plan and/or consistently taken to successfully
control the establishment's patrons' conduct resulting in
disturbances, vandalism, crowd control inside or outside the
premises, traffic control problems, ingesting cannabis in public, or
creation of a public or private nuisance, or interference of the
operation of another business.
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That the dispensary would not adversely
affect the health, peace or safety of persons living or working in
the surrounding area, overly burden a specific neighborhood with
special needs or high impact uses, or contribute to a public
nuisance; or that the dispensary has resulted in repeated nuisance
activities including disturbances of the peace, illegal drug
activity, ingesting cannabis in public, harassment of passersby,
excessive littering, excessive loitering, illegal parking, excessive
loud noises, especially late at night or early in the morning hours,
lewd conduct, or police detentions or arrests.
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That any provision of Ordinance 3639 or
condition imposed by a County issued license, or any provision of
any other local, State or Federal law, regulation, or order, or any
condition imposed by licenses issued in compliance with those laws
has not been violated.
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That the applicant has not violated any
local or State law, statute, rule or regulation respecting the
distribution, possession, or consumption of cannabis.
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That the applicant has not knowingly
made a false statement of material fact or has knowingly omitted to
state a material fact in the application for a license.
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That the applicant, his or her agent or
employees, or any person who is exercising managerial authority on
behalf of the applicant has not been convicted of a felony, or of a
misdemeanor involving moral turpitude, or has engaged in misconduct
related to the qualifications, functions or duties of a licensee. A
conviction within the meaning of this section means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere.
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(S) That the applicant has not engaged
in unlawful, fraudulent, unfair, or deceptive business acts or
practices.
The County Administrator may also give
additional merit to those applications that include an exceptional
public benefits plan.
Appeals
An applicant who wishes to appeal the County Administrator's decision
to issue, deny, or renew a license may appeal such decision to the
Board of Supervisors by filing a written notice stating all grounds on
which the appeal is based and paying applicable appeal fee with the
Clerk of the Board of Supervisors within 10 business days of the
County Administrator's written notice of decision. If an appeal is not
taken within such time, the County Administrator's decision shall be
final.
The Board of Supervisors shall consider the appeal
within 90 days of the date of filing the appeal. The Clerk of the
board shall give 10 days’ notice to the person filing the appeal of
the time and place of the meeting scheduled on the appeal by serving
notice personally or by U.S. mail. The Board will also notify all
parties that received notice prior to the MCDAC meeting for the
specific Application, and to all subscribers to the County’s Medical
Cannabis Dispensary website (
http://www.marincounty.org/main/medical-cannabis dispensary-ordinance ). The Board of Supervisors shall have the authority to
determine all questions raised on such appeal.
For more information about Marin County’s Medical
Cannabis Dispensary Program, please visit:
http://www.marincounty.org/main/medical-cannabis-dispensary-ordinance
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MEDICAL CANNABIS PROGRAM FEES |
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