Report to Mayor and City Council
Wednesday, July 05, 2017
Discussion
SUBJECT:
Title
PROPOSITION 64 (ADULT USE OF MARIJUANA ACT) AND THE MEDICAL MARIJUANA REGULATION AND SAFETY ACT
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I. SUMMARY
On or about January 1, 2018 the State of California will begin issuing state licenses for commercial marijuana operations (both medical and recreational). This will happen pursuant to the passage of Proposition 64 (Adult Use of Marijuana Act) by the voters in 2016, and the Medical Marijuana Regulation and Safety Act of 2015. The state licensed businesses will include medical and recreational marijuana cultivation, retail sales, testing, manufacturing and distribution. Cities may regulate or prohibit such businesses through local ordinance or regulation. Not addressing commercial recreational marijuana operations by 2018 will reasonably allow such operations in the City.
Proposition 64 also legalized statewide the personal cultivation of up to six marijuana plants at a private residence. However, cities may prohibit outdoor personal marijuana cultivation and regulate (though not ban) indoor personal marijuana cultivation.
II. RECOMMENDATION
Recommendation
CONSIDER providing direction on marijuana laws and local control, including whether to schedule community workshops on local marijuana laws.
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III. ALTERNATIVES
DO NOT PROVIDE DIRECTION on marijuana laws and local control. Not addressing commercial recreational marijuana operations by 2018 will reasonably allow such operations in the City.
IV. BACKGROUND
A. Proposition 64 / Adult Use of Marijuana Act (AUMA)
On November 8, 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA"). The AUMA legalizes personal marijuana use, possession of up to one ounce of marijuana, and personal cultivation of up to six marijuana plants.
The AUMA largely preempts local control over these personal activities, with the exception of cities may ban personal outdoo...
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