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Enter Into Rec. at MCC Mtg. �( �� l�
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The San Bernardino Agenda Ite No:
Marijuana Clarity Act by:
To Be Known As
The Jesse Act City Clerk
In Memory of the authors son City of San Bernardino
Jesse James Cioci (Preedit)
1992 - 2014
Introduction
Medical marijuana became California law in 1996, and San Bernardino has failed to successfully
regulate it, adding to our current situation of increased taxes, decreased services, and all out
bankruptcy. San Bernardino City Attorney Gary Saenz said in a report two years ago, "That it
would cost the City hundreds of thousands, if not millions of dollars enforcing this futile ban."
How much money do we have to waste? How many patients are going without safe access to
doctor recommended medicine? It's time to End the ban and win for the city.
I believe that San Bernardino needs a"Cannabis Commissioner" to work with city code
enforcement, law enforcement, managers office, the city attorney, patients and the general
public; to ensure health and safety as well as financial and legal issues are addressed, and to be a
educational resource for the community.
This office would be the oversight and regulatory agency for all things cannabis related, medical,
recreational, and industrial, for the city of San Bernardino. Its first action would be to work with
an 11 member commission, to create regulations in accordance with State law.
The Mayor and Common Council of the City of San Bernardino do ordain as follows:
Whereas, Section 40(z) of the city charter vests the Mayor and Common Council
with the power to make and enforce all laws and to regulations with municipal affairs, subject
only to the restrictions and limitations provided in the charter or by State law;
AND,
Whereas, Proposition 215, the California Compassionate Use Act, was enacted by the voters and
took effect on November 6 1996 as California Health and Safety code 11362.5;
AND
Whereas, SB420, a legislative statute, went into effect on January 1 2004 as California Health
and Safety code 11362.7-83 This law broadens Prop 215 to include transportation and other
offenses, allows patients to form medical cultivation collectives or cooperatives and established a
voluntary ID card system run by the State and County Health Departments;
AND
I
Whereas, In February 2007 the California State Board of Equalization (BOE) issued a special
notice confirming its policy of taxing medical marijuana transactions, as well as its requirement
businesses engaged in such transactions hold sellers permits;
AND
Whereas, In August 2008 the California State Attorney General released the Guidelines for the
Non- Diversion of Marijuana Grown for Medical Use. These guidelines define the lawful
operation of Non-profit cooperatives and collectives (sec 4A& B) and provides law enforcement
with tools to identify illegal dispensaries;
s
AND
Whereas, in April 2011 the city of San Bernardino adopted an ordinance adding San Bernardino
municipal code chapter 5.05 prohibiting the establishment and operation of medical marijuana
dispensaries;
AND
Whereas, On January 1st 2016 the State of California Medical Marijuana Regulation and Safety
Act went into effect allowing for a minimum of 17 different cannabis business license types in a
regulatory manner that requires a local license to be issued in order for the business to obtain a
state license.
Now therefore, the Mayor and Common Council of the city of San Bernardino do ordain as
follows:
The city of San Bernardino shall create a position within the city manager's office to be the
Executive Director(Cannabis Commissioner) of an 11 member cannabis commission.
3 members will be representatives of 3 separate marijuana businesses
2 members will be medical marijuana patients who are not representatives of a marijuana
businesses. Selected by the author
1 member will be a representative of the school board. Selected by city council
1 member will be a representative of law enforcement. Selected by the city attorney
1 member will be a city council member. Selected by the Mayor
The remaining members will be representatives of neighborhood associations,businesses
associations,religious associations, or members of the community. Selected by city council
The three (3) marijuana businesses that wish to be on this commission will be selected by the
Inland Empire Collective Association (IECA). The IECA will make a one-time payment of
$3000, to be deposited into the city's general fund. This will be used to pay the remaining 8
members of the commission, who will receive a monthly payment of$125 each, to be paid from
the city's general fund.
The Executive Directors salary will be established by the city manager and approved by council.
Staff and clerical personnel may be appointed as necessary.
The author volunteers for this position in a unpaid capacity for the initial 90 days. This
commission will have 90 days to write an ordinance, to regulate in accordance with State law, all
marijuana businesses, medical, recreational, and industrial. This commission will also decide
how the Executive director position will be filled, what its responsibilities to the community are,
and how to be self-funded after the initial 90 days.
William Cioci
President of the Brownie Mary Democratic Club of San Bernardino County