Adult Use of Marijuana Act

On November 8, 2016, California voters’ approved Proposition 64, the “Adult Use of Marijuana Act” which makes the recreational use of marijuana by those over age 21 legal as a matter of state law. On December 5, 2016, the City Council adopted an urgency ordinance establishing a moratorium on commercial marijuana facilities and prohibiting outdoor cultivation of marijuana for a period of 45 days.

At the council meeting held on Jan.9 , on a 7-0 vote the City Council has approved an  interim urgency ordinance, extending for an additional 10 months and 15 days the citywide moratorium on the establishment and operation of  commercial marijuana  facilities, on commercial cultivation, and on private non­ medical  marijuana cultivation.

The temporary ban allows a resident to grow up to six plants indoors, but prohibits outdoor growing operations as well as any retail business related to recreational use of the plant.

The council approved the extension because they felt that it was necessary because staff studies are incomplete and ongoing and “absence of this Ordinance would create a serious threat to the orderly and effective implementation of any revisions to the City’s Municipal Code in that the development of uses may conflict with or frustrate contemplated amendments.”

Continuing the moratorium will maintain the status quo while the City explores the issues and options associated with both the commercial aspect of marijuana and outdoor cultivation.

This extension will give city staff time to:

Gather data from studies conducted by other entities regarding direct and secondary effects of commercial marijuana establishments in those  communities.

Studying ordinances from other California cities which regulate such uses.

Researching the implications of Proposition 64 and recent changes in state law regarding marijuana on the City’s existing ordinance.

Determining the areas of probable impact to the City, including zoning, planning, permitting, licensing, law enforcement, health, water,  etc.

Formulating an interdepartmental working group to address the issues associated with commercial activities related to marijuana and outdoor cultivation.

Time is required for City staff to obtain input from the City Council, the business community, and the public.


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