Title
Adopt a resolution authorizing the Monterey County Sheriff's Office to receive and access state and federal level summaries of criminal history information for the issuance and monitoring of medical cannabis regulatory permits.
(REF150048/Resolution - Cannabis Permitting background checks, County-wide)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution (Attachment A) authorizing the Monterey County Sheriff's Office to access state and federal level summaries of criminal history information for the issuance and monitoring of medical cannabis regulatory permits.
SUMMARY:
In July 2016, the Board of Supervisors adopted new regulations to require all commercial medical cannabis operations to obtain a use permit and a commercial medical cannabis business permit to operate. Monterey County Code Chapter 7.90 controls the business permits. Section 7.90.060.E requires denial of applications for a business permit if certain criteria apply. One of those criteria includes if any property owners, supervisors, employees, and persons having a ten percent or more financial interest in the commercial medical cannabis activity has been convicted of a felony or drug related misdemeanor within the past ten years (Section 7.90.060.E.2). As such, the Sheriff's Office needs to obtain criminal history to verify this information before any permits can be issued.
Penal Code Section 11105(b)(11) allows the State Attorney General, through the California Department of Justice (DOJ), to provide the criminal histories to the County if:
* Access is needed in order to assist the County in implementing a statue, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person, and contains requirements or exclusions expressly based on that conduct; and
* The Board of Supervisors specifically authorizes the County, its officers and/or officials to access the criminal history information in order to f...
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