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Prop H Initiative Summary


Summary of Medical Marijuana Compassionate Use Dispensary Ordinance, prepared by the Del Mar City
Attorney:

REGULATION OF MEDICAL MARIJUANA COMPASSIONATE USE DISPENSARIES

The ordinance proposed by initiative petition would regulate and tax medical marijuana dispensaries in the City
of Del Mar. Said ordinance defines compassionate use dispensaries (in addition to defining a number of other
terms) as dispensaries composed of ten or more patients and sets forth operational requirements for such
dispensaries, limits where they may be located, and establishes a permitting system.

The operational requirements include security personnel, security cameras, an alarm system, adequate lighting,
secured storage, limited hours of operation, signage requirements, packaging and display requirements, no
consumption of medical cannabis or alcoholic beverages on the premises, compliance with applicable laws,
age restrictions, no medical evaluations on the premises, background checks for directors, and a community
liaison.

Dispensaries would not be allowed in residential zones and would not be allowed to operate within a 600-foot
radius from accredited kindergarten through twelfth-grade schools or playgrounds, as defined in the ordinance,
unless such a school or playground begins operating within the 600-foot radius after the dispensary has received
a business license; in that case, the dispensary would remain a lawful use and would remain eligible to receive
renewal of all applicable permits and licenses. In addition to the 600-foot radius limitation, dispensaries could
not operate within 1000 feet of each other.

The City of Del Mar’s Planning and Community Development Department would be responsible for processing
and issuing dispensary permits. The ordinance would require that the City develop a permitting application
process within forty-five (45) working days of the ordinance going into effect and would require a decision on
any permits under said process to be made within fifteen (15) working days of application submittal. If an
application is deemed incomplete, the applicant would be allowed an additional sixty (60) working days to
complete and resubmit the application. Any decision on the resubmitted application would also have to be
made within fifteen (15) working days of submittal. Dispensaries granted a permit would be eligible to apply
for and receive a business license from the City.

The ordinance proposed by initiative petition also imposes a two and one-half (2-1/2%) percent sales tax on
every transaction of medical marijuana, which would be reduced to one percent (1%) if a statewide tax is
imposed on such transactions, and identifies where such funds will be allocated. The ordinance limits any fees
under the ordinance to cost recovery only.

Finally, the ordinance proposed by initiative petition seeks to protect qualified patients, primary caregivers and
certain individuals associated with such dispensaries who comply with the ordinance and applicable state laws
from arrest or prosecution by any law enforcement personnel.

PLEASE NOTE THAT THIS SUMMARY IS INCLUDED SINCE WE CONSIDER IT TO BE AN ACCURATE, THOROUGH AND CONCISE EXPLANATION OF THE INITIATIVE. THE INCLUSION OF THIS DOCUMENT IN OUR PRESENTATION MATERIAL DOES NOT CONSTITUTE AN ENDORSEMENT OF THE INITIATIVE BY THE CITY ATTORNEY, WHO ACTS AS A NUETRAL PARTY IN THIS CITIZENS’ INITIATIVE PROCEEDINGS.
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