5.20.110 Medicinal cannabis products manufacturing.
(1) Purpose. The purpose and intent of this section is to permit and regulate the medicinal cannabis products manufacturing to promote the health, safety, morals, and general welfare of the residents and businesses within the city. The city is authorized to regulate this activity pursuant to state law.
(2) Scope – Medicinal Cannabis. This section permits and regulates medicinal cannabis products manufacturing pursuant to state law, including MAUCRSA. Subject to the terms of this chapter, manufacturing permits may be issued by the city for medicinal cannabis products manufacturing, pursuant to and in accordance with state law, including MAUCRSA.
(3) Medicinal cannabis products manufacturing is a permitted use only on properties within the applicable permit zone with a valid cultivation permit and other requisite permits and entitlements.
(4) A manufacturing permittee must employ at least one member of its personnel dedicated full time to quality control.
(5) The manufacturing permittee must establish standard operating procedures and batch records that comply with current good manufacturing practices and applicable state law, including MAUCRSA.
(6) All cannabis products produced by a manufacturing permittee must be labeled in compliance with applicable state law, including MAUCRSA.
(7) All cannabis products produced by a manufacturing permittee must be packaged in child-resistant containers prior to leaving the premises of such manufacturing permittee in accordance with applicable state law, including MAUCRSA.
(8) Manufacturing permittees may conduct manufacturing using any type of solvents, including volatile solvents, or manufacturing processes if such manufacturing complies with the requirements of this chapter and state or local law, including but not limited to Health and Safety Code Section 11362.775 (or any successive state law), all applicable fire and building codes in the city and any other laws of the city designed to ensure the safety of such operation.
(9) Manufacturing permittees using volatile solvents for manufacturing cannabis products must operate in a manner to reduce the risk of explosion or danger to public health, including through the use of a closed-loop or solvent dispersion system consistent with the requirements of Health and Safety Code Section 11362.775 (or any successive state law).
(10) If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in California Fire Code Section 202, are to be used in the processing of medicinal cannabis, then the provisions of California Fire Code Section 407 shall be applicable where hazardous materials are subject to permits under California Fire Code Section 50 (Hazardous Materials), are located on the premises, or where required by the applicable building or fire official.
(11) Storage, use, and handling of compressed gases in compressed gas containers, cylinders, tanks, and systems shall comply with California Fire Code Chapter 53. Partially full compressed gas containers, cylinders, or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with California Fire Code Chapter 50 for general requirements and California Fire Code Chapter 53 addressing specific hazards, including California Fire Code Chapter 58 (Flammable Gases), California Fire Code Chapter 60 (Highly Toxic and Toxic Materials), California Fire Code Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids), and California Fire Code Chapter 64 (Pyrophoric Materials). Prevention, control, and mitigation of dangerous conditions related to storage, use, dispensing, mixing, and handling of flammable and combustible liquids shall be in accordance with California Fire Code Chapters 50 and 57.
(12) Labeling Requirements – Edibles.
(a) Before a manufacturing permittee prepares any edible cannabis or edible cannabis product for retail sale, it shall be labeled and placed in tamper-evident packaging which at least meets the requirements of state law, including, but not limited to, MAUCRSA.
(b) All items to be sold or distributed shall be individually wrapped at the original point of preparation by the cannabis permittee.
(c) Labeling must include a warning if nuts or other known allergens are used, and must include the total weight (in ounces or grams) of cannabis in the package, not to exceed 10 milligrams of tetrahydrocannabinol (THC) per serving.
(d) A warning that the item is a medication and not a food must be clearly legible on the front of the package and/or must comply with state packing requirements.
(e) The package must have a label warning that the product is to be kept away from children.
(f) The label must also state that the product contains cannabis and must specify the date of manufacture and the manufacturing permittee’s information, including, but not limited to, address and phone number.
(g) Distributions must be in a properly labeled opaque package when distributed.
(h) The city manager, or designee, may impose additional packaging and labeling requirements on cannabis or cannabis products. (Ord. 673 § 9, 2017).