Report to Mayor and City Council
Thursday, November 09, 2017
Discussion
SUBJECT:
Title
DISCUSS AND CONSIDER INTRODUCTION OF ORDINANCE NO. 17-1636 TO PROHIBIT ALL COMMERCIAL CANNABIS OPERATIONS AND TO REGULATE STRICTER THAN STATE REQUIREMENTS PERSONAL CANNABIS CULTIVATION; DISCUSS AND CONSIDER INTRODUCTION OF ORDINANCE NO. 17-1637 TO PROHIBIT ALL COMMERCIAL CANNABIS OPERATIONS EXCEPT FOR LIMITED OPERATIONS AS DEFINED IN THE ORDINANCE, AND TO REGULATE STRICTER THAN STATE REQUIREMENTS PERSONAL CANNABIS CULTIVATION; AND, DISCUSS AND CONSIDER INTRODUCTION OF ORDINANCE NO. 17-1638 TO STRENGTHEN SECONDHAND SMOKE REGULATIONS.
Body
I. SUMMARY
Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), was approved by California voters on November 8, 2016. The AUMA legalized limited personal use, possession and cultivation of cannabis.
Pursuant to the AUMA and Senate Bill 94 (the Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA)), the state will also begin issuing licenses for commercial cannabis operations on or after January 1, 2018.
Cities cannot prohibit personal use, but maintain limited local control over personal cultivation of cannabis and can regulate personal cultivation stricter than state regulations. Cities also have the authority to prohibit or regulate commercial cannabis operations by local ordinance. A failure of a city to address these issues cedes substantial authority to the state. Cities may also regulate cannabis secondhand smoke akin to regulation of tobacco secondhand smoke.
An ordinance which both prohibits all commercial cannabis operations, while also regulating personal cannabis cultivation stricter than state standards, is presented for discussion and possible introduction for a first reading.
An alternative ordinance which both prohibits all commercial cannabis operations except for one indoor cultivation operation, one (wholesale) distribution operation and one testing operation, while also reg...
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