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San Francisco Health Dept. Medical Cannabis Dispensary Inspection ...

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San Francisco Health Dept. Medical Cannabis Dispensary Inspection ...

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    1. San Francisco Health Dept. Medical Cannabis Dispensary Inspection Program Regulations to be adopted pursuant to SF Health Code Article 33

    2. Purpose of Regulations Comply with Article 33 of SF Health Code Establish rules for edible cannabis products based on observations made during dispensary inspections Incorporate CA Attorney General’s Guidelines for Medical Cannabis issued August 2008

    3. Edible Cannabis Products DPH Concerns Packaging that is attractive to children or imitates typical food products Health status of patients who manufacture cannabis products General sanitation of production and sales area Potential for food-borne illness Safety of product- HACCP, food handler training

    4. Regulations Discussion If you would like an explanation why a particular item was written, please note the item number for discussion after this presentation.

    5. Regulations Discussion Questions or comments should be regarding the proposed regulations presented today. Regulations as presented are still subject to change. Your comments and questions matter. DPH would like to thank everyone who has participated in this process.

    6. Significant Issues Not Addressed In The Regulations Off-site growing of cannabis Definition of a clone/cutting as compared to a plant for purposes of allowable plant counts How cannabis is grown: use of pesticides methods of growing/handling

    7. Significant Issues Not Addressed In The Regulations Parties concerned about these issues would be better served with legislation through the SF Board of Supervisors or other law-making body, including a task force or working group.

    8. Regulations for MCDs Application Regulations Operational Regulations Hearing Regulations Edible Cannabis Product Regulations

    9. General Regulations Application Process In addition to the requirements set forth in Article 33 of the San Francisco Health Code, every applicant and manager must: 1. Submit proof of their status as a medical cannabis patient or caregiver, using either a valid doctor’s recommendation or a valid CA State Medical Cannabis ID card. This proof must be submitted every year (or upon the expiration of the previously submitted document establishing legal medical cannabis use/possession) to confirm the legal right of the owner and manager(s) to possess medical cannabis at the MCD, in accordance with the State Attorney General’s Guidelines.

    10. General Regulations Application Process 2. Submit a copy of the articles of incorporation, if the MCD is a statutory cooperative, and conduct its business for the mutual benefit of its members only. 3. Submit a copy of the articles of incorporation if ownership is a corporation. 4. Have one of the following two operational business structures: not-for-profit collective or not-for-profit cooperative. Maintain and make available to DPH all paperwork that provides proof of the operational status.

    11. Operational Regulations 1. Each patient or caregiver seeking to use an MCD must first apply for membership in writing at the dispensary. Forms for membership must include rules regarding membership, and these rules must be agreed to by the patient/caregiver. These rules shall include, but are not limited to: A) an agreement to not divert medical cannabis for non- medical purposes, B) prohibiting entry to anyone under the influence of alcohol, or in possession of or consuming alcohol, C) a requirement to wash hands for all members working at the dispensary who handle cannabis, D) signage posted alerting members that there is no smoking or ingesting of medical cannabis allowed within 50 feet of the MCD in the public right-of-way. Violations of the MCD’s rules should result in the cancellation of membership privileges at the MCD.

    12. Operational Regulations 2. Once the patient’s/caregiver’s written, verifiable doctor’s recommendation or State issued medical Cannabis ID card has been validated, and the MCD is in receipt of the signed membership form(s), the MCD must record the patient/caregiver name, and State ID number or MCD-assigned number to confirm their membership at the MCD. The dispensary will further record the expiration date of the recommendation or ID card. Records reflecting the name of the patient/caregiver may be kept off-site, but shall be made available to the Director during inspections. Note: DPH will make at least one announced routine inspection per year at which all records should be available. Records will not be expected during unannounced inspections.

    13. Operational Regulations 2.5 The MCD shall verify each patient/caregiver membership in the cooperative/collective before they are allowed to purchase or exchange cannabis at the dispensary. 3. Each MCD is required on an annual basis to confirm in writing under the penalty of perjury that upon information and belief all cannabis dispensed at the MCD is grown in California and has not crossed the California state line at any time. All cannabis dispensed must originate only from members of the cooperative/collective, including edible cannabis products. Only lawfully cultivated cannabis may be distributed.

    14. Operational Regulations 4. The dispensary must record and track the contributions of the members to their MCD. This includes time, labor, materials and/or money. These amounts need not be separated out, but may be tracked as one number reflecting the amount contributed.

    15. Regarding Item #4 AG Guidelines state… To help prevent diversion of medical marijuana to nonmedical markets, collectives and cooperatives should document each member’s contribution of labor, resources, or money to the enterprise. They also should track and record the source of their marijuana.

    16. Operational Regulations 5. In order to protect confidentiality of records at the MCD when requested, the MCD may maintain records of all qualified patients and caregivers with valid identification cards using either the identification card number issued by the State pursuant to California Health and Safety Code Section 11362.7 et seq., or a unique number assigned by the MCD to the individual. Alternatively, the MCD may record the legal name of the individual as long as the patient/caregiver is made aware that this information is being kept by the MCD. The MCD’s membership list must be made available during inspections when requested by the Director.

    17. Operational Regulations 6. All required external signage must be easily legible from adjacent public right-of-ways. 7. All MCDs selling/distributing edible cannabis products must abide by the San Francisco Department of Public Health’s Edible Cannabis Products Regulations For Home Preparation. 8. All MCDs must operate in a not-for-profit manner. Any investigations regarding the operational status of an MCD will be conducted in accordance with Article 33 of the San Francisco Health Code.

    18. Operational Regulations 9. Every MCD shall be required to obtain a seller’s permit from the State Board of Equalization. 10. All cannabis sales, including edible cannabis products, must be taxed where applicable and at the legal rate per California State law.

    19. Operational Regulations 11. Every MCD must be prepared to show proof during inspections by the Director that collected sales tax for medical cannabis sales was submitted to the State Board of Equalization in the amount required by State Law. Under-reporting of cannabis sales may be investigated by the Director, with referrals sent to the State Board of Equalization when necessary.

    20. Operational Regulations 12. MCDs must comply with all applicable Weights and Measures laws and regulations as they pertain to the use of commercial weighing devices used in MCDs. Program contact in San Francisco is Miguel Monroy, Agricultural Commissioner 252-3939

    21. Hearing Regulations All hearings conducted regarding violations noted at MCDs shall follow current standard enforcement procedures for facilities as regulated by the Department of Public Health (DPH), and in accordance with Article 33 of the San Francisco Health Code, Sections 3313-3317.

    22. Questions or Comments Questions or comments should be regarding the proposed regulations presented today. Regulations as presented are still subject to change. Your comments and questions matter. Additional comments may be sent to: San Francisco Health Dept 1390 Market St suite 210 San Francisco, CA 94102 Attn: Larry Kessler Phone: 252-3841, fax 252-3910 Email larry.kessler@sfdph.org

    23. Edible Cannabis Products 1. No edible cannabis products requiring refrigeration or hot-holding shall be manufactured for sale or distribution at an MCD, due to the potential for food-borne illness. Exemptions may be granted by the San Francisco Department of Public Health on a case-by-case basis. For such exempted edible cannabis products, DPH may require a HACCP (Hazard Analysis and Critical Control Points) plan before approving the distribution of such medical cannabis products at MCDs. Such products requiring a HACCP plan may include ice cream and other dairy products. 2. Baked medicinal products (i.e. brownies, bars, cookies, cakes), tinctures and other non-refrigerated type items are acceptable for manufacture and distribution at MCDs.

    24. Edible Cannabis Products 3. (Items noted in this section are advisory only, as DPH does not intend to regulate edible cannabis production occurring in one’s home.) Preparation may be completed in a home-type kitchen equipped with a sink available for hand washing (this sink may be a dishwash sink), liquid soap, and paper towels. No other food preparation should take place during the production of edible cannabis products, in order to avoid cross-contamination. During preparation, children and pets should not be in the kitchen/preparation area. Clean and sanitize all utensils, equipment, and food contact surfaces before and after preparation. Equipment and food contact surfaces should be in good, cleanable condition. Ingredient storage areas should be kept clean and vermin-free.

    25. Edible Cannabis Products 4. All items shall be individually wrapped at the original point of preparation. Labeling must include a warning if nuts or other known allergens are used, and must include the total weight (in ounces) of cannabis in the package or the weight equivalent of dried cannabis used to manufacture the product. If more than one dose unit is in a package, each unit must be individually labeled. A warning that the item is a medication and not a food must be distinctly and clearly legible on the front of the package and on each unit if more than one unit is contained in the package. The package label must have a warning clearly legible emphasizing that the product is to be kept away from children. The label must also state that the product contains medical cannabis.

    26. Edible Cannabis Products 5. Packaging that makes the product attractive to children or imitates candy is not allowed. Any edible cannabis product that is made to resemble a typical food product (i.e. brownie, cake) must be in an opaque (non see-through) package. 6. Individuals conducting the manufacturing or sale of products shall thoroughly wash their hands before commencing production and before handling the finished product.

    27. Edible Cannabis Products 7. In order to reduce the likelihood of foodborne disease transmission, individuals who are suffering from symptoms associated with acute gastrointestinal illness or are known to be infected with a communicable disease that is transmissible through foodstuffs are prohibited from preparing edible cannabis products until they are free of that illness or disease, or are incapable of transmitting the illness or disease through foodstuffs. Anyone who has sores or cuts on their hands must use gloves when handling edible products.

    28. Edible Cannabis Products 8. Edible cannabis products for sale or distribution in an MCD must have been prepared by a member of that MCD. No non-member edible cannabis products are allowed for sale or distribution at an MCD. Note- A business entity that produces edible cannabis products and sells them to a dispensary is not allowed, as a business entity cannot be a member of a dispensary.

    29. Edible Cannabis Products 9. The Health Department requires that a producer of edible cannabis products that are sold at more than one MCD in San Francisco becomes a certified food handler. If more than one person is involved in producing edible cannabis products at one home or facility, only one person needs to be certified. The valid certificate number of the member who has prepared the edible food product must be on record at the MCD where the product is sold or distributed, and a copy of the certificate kept either on site, or made available during inspections if kept off-site.

    30. Implementation of Regulations March 1, 2010 Enforcement during routine and complaint inspections Additional required paperwork will be mailed to owner, and available on website- www.sfdph.org/dph/EH/MCD/default.asp

    31. Additional notes San Francisco Health Dept certified food handler training courses Karen Yu, Training Program Manager, 252-3957 HACCP plan inquiries- Sheldon Lew, Senior Inspector, 252-3850 MCD Inspection Program is fluid in nature, and will change as laws surrounding medical cannabis change. DPH website will be updated as needed.

    32. Questions or Comments Copies of this presentation are available at our website: www.sfdph.org/dph/EH/MCD/default.asp Additional comments may be sent to: San Francisco Health Dept 1390 Market St suite 210 San Francisco, CA 94102 Attn: Larry Kessler Phone: 252-3841, fax 252-3910 Email larry.kessler@sfdph.org

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