REPORT TO COUNCIL
SUBJECT
Title
Action on an Amendment to Zoning Code Section 18.102.010 - Commercial Marijuana Activity Prohibited
Report
BACKGROUND
The passage of Proposition 64, the Adult Use of Marijuana Act (AUMA), on November 8, 2016, legalized personal recreational use by persons 21 and over, and regulated commercial activities related to cannabis. Subsequently, the State legislature passed Senate Bill 94, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), unifying regulations on medical and non-medical commercial cannabis activities and the personal use of cannabis.
As of January 2018, California State ("State") licensing of commercial activity, depending on license type, is overseen by the Bureau of Cannabis Control, the Department of Public Health, and the Department of Food and Agriculture. State regulations allow for six general license types for commercial cannabis businesses: retail (including delivery); cultivation; manufacturing; transportation; distribution; and testing. Prior to the issuance of a State license, the State requires, among other items, a local license if local regulations have been enacted.
On November 21, 2017, the City Council adopted Ordinance No. 1973, which amended Chapter 18.102 ("Regulation of Marijuana"; previously, "Medical Marijuana Dispensaries") of Title 18 ("Zoning") of "The Code of the City of Santa Clara, California" to temporarily prohibit all commercial cannabis activity until January 1, 2019 and to impose reasonable restrictions on marijuana growth for personal use.
On November 27, 2018, the Council adopted Ordinance No. 1990, which amended Chapter 18.06 ("Definitions") and Chapter 18.102 ("Regulation of Marijuana") of Title 18 ("Zoning") of "The Code of the City of Santa Clara, California" to extend the temporary ban of all commercial cannabis activity until June 30, 2019.
On January 16, 2019, California's three State cannabis licensing authorities announced that the Office of Ad...
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