Part 3 OPERATION REQUIREMENTS

7.55.170 Medical marijuana dispensary activity permitted only at medical marijuana dispensary establishment.

No establishment required to be licensed under this chapter shall be operated or any medical marijuana dispensary activity conducted therein outside of the hours specified in any conditional use permit issued pursuant to Title 22. (Ord. 2006-0036 § 3 (part), 2006.)

A. A recognizable and readable sign which clearly identifies the medical marijuana dispensary shall be posted at the main entrance of any medical marijuana dispensary licensed under this chapter. Such sign shall comply with all other requirements of the Los Angeles County Code and any issued conditional use permit.
B. A recognizable and readable sign shall be posted indoors in a conspicuous location with the following warnings:
1. That the diversion of marijuana for non-medical purposes is a violation of state law;
2. That the use of medical marijuana may impair a person’s ability to drive a motor vehicle or operate machinery; and
3. That loitering on and around the dispensary site is prohibited by California Penal Code section 647(e). (Ord. 2006-0036 § 3 (part), 2006.)

Provision, sale or consumption of alcoholic beverages on the grounds of the medical marijuana dispensary, both interior and exterior, shall be prohibited. A person shall not enter, be or remain in any part of a medical marijuana dispensary licensed under this chapter while in the possession of, consuming or using any alcoholic beverage. The licensee, manager and/or every supervising employee shall not permit any such person to enter or remain on the premises. (Ord. 2006-0036 § 3 (part), 2006.)

It shall be unlawful for any dispensary to provide medical marijuana to any person under the age of 18 unless that person is a qualified patient or is a primary caregiver with a valid identification card in accordance with California State Health and Safety Code sections 11362.7. (Ord. 2006-0036 § 3 (part), 2006.)

Each medical marijuana dispensary licensed pursuant to this chapter shall, at all times that such dispensary is open, have present and on the premises a manager, as defined in section 7.55.010. The manager must be familiar with the requirements of this chapter and be capable of communicating the provisions of this chapter to employees and others conducting activities at the medical marijuana dispensary and to all actual or prospective clients of and visitors to the dispensary. The manager shall make an effort to immediately identify himself or herself to the sheriff or any other county official entering the medical marijuana establishment on official business. In the owner’s absence, the manager shall be authorized to accept on behalf of the owner or any other person licensed pursuant to this chapter any notice issued to such owner or other licensed person pursuant to this chapter or to Title 7. (Ord. 2006-0036 § 3 (part), 2006.)

No person shall refuse, resist or attempt to resist the entrance of the sheriff or other county official into a medical marijuana dispensary in performance of official duty or shall refuse to obey any lawful order of the sheriff or other county official made in the performance of his or her duties under the code. (Ord. 2006-0036 § 3 (part), 2006.)

The owner of the property where the medical marijuana dispensary is located and/or the operator of the medical marijuana dispensary shall remove graffiti from the premises within 24 hours of its occurrence. (Ord. 2006-0036 § 3 (part), 2006.)

Medical marijuana may be provided by a dispensary in an edible form, provided that the edibles meet all applicable county requirements, including but not limited to the medical marijuana dispensary obtaining a public eating license pursuant to Chapter 7.72 of this code. In addition, any beverage or edible produced, provided, or sold at the facility which contains marijuana shall be so identified, as part of the packaging, with a prominent and clearly legible warning advising that the product contains marijuana and that it is to be consumed only with a physician’s recommendation. (Ord. 2006-0036 § 3 (part), 2006.)

Medical marijuana may be consumed on site only as follows:
A. The smoking of medical marijuana shall be allowed provided that appropriate seating, restrooms, drinking water, air purification systems, and patient supervision are provided in a room or enclosure separate from the main room and entrance to the dispensary; and
B. Consumption of edibles by ingestion shall only be allowed subject to all applicable county requirements. (Ord. 2006-0036 § 3 (part), 2006.)

Medical marijuana dispensaries may provide specific devices, contrivances, instruments, or paraphernalia necessary for inhaling medical marijuana, including but not limited to rolling papers and related tools, pipes, water pipes, and vaporizers. The equipment may only be provided to qualified patients or primary caregivers in accordance with California Health and Safety Code section 11364.5. (Ord. 2006-0036 § 3 (part), 2006.)

Marijuana shall not be grown at or on the site of any medical marijuana dispensary, except that cuttings of the marijuana plant may be kept or maintained on-site for distribution to qualified patients and primary caregivers as follows:
A. The cuttings shall not be utilized by the medical marijuana dispensary as a source for the provision of marijuana for consumption on-site.
B. For the purposes of this section, the term “cutting” shall mean a rootless piece cut from a marijuana plant, which is no more than six inches in length, and which can be used to grow another plant at a different location. (Ord. 2006-0036 § 3 (part), 2006.)

Medical marijuana dispensaries shall provide security as follows:
A. An adequate and operable security system that includes security cameras and alarms to the satisfaction of the Director of Regional Planning; and
B. At least one licensed security guard present at the dispensary at all times during business hours. All security guards must be licensed by the proper authorities and must possess a valid Security Guard identification card issued by the Department of Consumer Affairs at all times. (Ord. 2006-0036 § 3 (part), 2006.)

The applicant(s) and licensee(s) under this chapter shall agree to forgo seeing to hold the county, and any of its officers, employees, or assigns, liable for any injuries or damages that result from any arrest or prosecution of medical marijuana dispensary owners, operators, managers, employees or clients for violation of local, state or federal laws. (Ord. 2006-0036 § 3 (part), 2006.)

The owner(s), operator(s), and/or manager(s) of the medical marijuana dispensaries shall indemnify and hold harmless the county and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by any adjacent or nearby property owners or other third parties due to the operations of the dispensary and for any claims brought by any of their clients for problems, injuries, damages or liabilities of any kind that may arise out of the distribution and/or on- or off-site use of marijuana provided at the dispensary. (Ord. 2006-0036 § 3 (part), 2006.)

The provisions of this chapter shall not be construed to protect dispensary owners, operators, and employees, or their clients from prosecution pursuant to any laws that may prohibit the cultivation, sale, use, or possession of controlled substances. Moreover, cultivation, sale, possession, distribution, and use of marijuana remain violations of federal law as of the date of the ordinance creating this chapter and this chapter is not intended to, nor does it, protect any of the above described persons from arrest or prosecution under those federal laws. Owners, operators and licensees must assume any and all risk and any and all liability that may arise or result under state and federal criminal laws from operation of a medical marijuana dispensary. Further, to the fullest extent permitted by law, any actions taken under the provisions of this section by any public officer or employee of the County of Los Angeles or the County of Los Angeles itself, shall not become a personal liability of such person or liability of the county. (Ord. 2006-0036 § 3 (part), 2006.)