Report to Mayor and City Council
Wednesday, June 08, 2016
Discussion
SUBJECT:
Title
REPORT REGARDING THE CITY OF CARSON'S PROHIBITIONS RELATING TO THE SALES OF MEDICAL MARIJUANA IN THE CITY OF CARSON (CITY COUNCIL)
Body
I. SUMMARY
Recently a question has arisen regarding whether or not the City of Carson permits the sale or cultivation of medical marijuana. This staff reports analyzes the City's zoning code and concludes that the City of Carson unequivocally prohibits such activities: no cultivation and no sale of medical marijuana is permitted, whether at a dispensary or via a delivery service. The City need not take any action to amend or clarify its ordinances to ensure that medical marijuana sales are prohibited.
II. RECOMMENDATION
Recommendation
CONSIDER directing staff to investigate complaints relating to the sale of
Medical marijuana within the City and, if appropriate, consider enforcement action.
Body
III. ALTERNATIVES
TAKE any other action the Council deems appropriate.
IV. BACKGROUND
Recently questions have arisen relating to whether the City clearly and unequivocally prohibits the sale or cultivation of medical marijuana: it does. Uses that are not expressly permitted by the City's zoning code are prohibited. Medical marijuana cultivation and sales, either at a fixed location or by delivery, are not enumerated and are therefore prohibited.
The City's zoning code, codified as Title IX of the Carson Municipal Code, enumerates all the uses allowed within the City. The City's zoning code is drafted permissively -- what this means is that only the uses that are expressly enumerated are permitted, and all other uses that are not listed are prohibited. See, e.g., City of Corona v. Naulls, 166 Cal. App. 4th 418, 433 (2008) ("[W]here a particular use of land is not expressly enumerated in a city's municipal code as constituting a permissible use, it follows that such use is impermissible.").
Specifically, Sections 9121.1, 9131.1, and 91...
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