REPORT TO PLANNING COMMISSION
SUBJECT
Title
Action on an Amendment to Zoning Code Chapter 18.102 - Regulation of Marijuana (Cannabis)
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.
Prior to January 2018 the California State Bureau of Cannabis Control ("State") adopted regulations allowing for six general license types for commercial cannabis businesses: retail (including delivery); cultivation; manufacturing; transportation; distribution; and testing. For issuance of a State license the State requires, among other items, a local license if local regulations have been enacted. If there are no local regulations in place, the State may issue a license based on State regulations.
To address this possibility, on November 21, 2017, the City Council adopted an Ordinance which temporarily prohibited all commercial cannabis activity until January 1, 2019 and imposed reasonable restrictions on marijuana growth for personal use. (The terms marijuana and cannabis are identified as interchangeable in the Municipal Code.) This Ordinance was further amended on November 27, 2018 and May 21, 2019 to extend the temporary ban of all commercial cannabis activity until June 30, 2020 to allow staff time to conduct research and respond to regulatory, taxing, law enforcement and revenue questions raised by the City Council.
Several updates on potential cannabis regulations have been presented to Council over the past three years. A final report was presented to the Council on February 20, 2020. (Attachment 1). At the February 20, 2020 meeting, Council direct...
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