PROPOSED AMENDMENTS TO marijuana regulations Presented By: CRAIG CORNWELL, CITY ATTORNEY 01.10.17 City Council Meeting

Draft Ordinance City Council requested that the City Attorney draft an ordinance banning all commercial marijuana activity in the City.

Proposed Amendments to Subsection 9-24 Prohibits all commercial marijuana activity; Includes State law exceptions to ban on all commercial marijuana activity; Prohibits marijuana deliveries; and Adopts reasonable regulations regarding indoor marijuana cultivation.

Commercial Marijuana Activity Commercial marijuana activity is defined to include the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and marijuana products. Also includes the activities of any business licensed by the State or other government entity under Chapter 3.5 of Division 8 (MCRSA) or Division 10 (Proposition 64) of the Business & Professions Code, as they may be amended from time to time. Applies to both medical marijuana and non-medical marijuana.

Exception to Ban on Commercial Marijuana Activity Consistent with State law, the ban on commercial marijuana activity shall not prohibit the indoor cultivation of six or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by Health and Safety Code sections 11362.1 and 11362.2.

Exception to Ban on Commercial Marijuana Activity Consistent with State law, the ban on commercial marijuana activity shall not prohibit a person 21 years of age or older from: (1) possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight grams in the form of concentrated cannabis, (2) smoking or ingesting marijuana or marijuana products, or (3) possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons 21 years of age or older without compensation whatsoever, to the extent that such activities are authorized by Health and Safety Code section 11362.1.

Marijuana Deliveries Ordinance prohibits deliveries of marijuana and marijuana products to or from the City. Consistent with State law, does not prohibit marijuana deliveries from passing through the City.

Marijuana Cultivation Marijuana cultivation is prohibited outdoors. Marijuana cultivation is allowed indoors at a private residence, or inside a fully enclosed and secure accessory structure located upon the grounds of a private residence. A private residence is defined as a house, an apartment unit, a mobile home, or other similar dwelling, whether legal and conforming with the underlying zoning, or legal and non-conforming with the underlying zoning, that is currently in use as a residence.

Fully Enclosed and Secure Structure A fully enclosed and secure structure is defined as a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

Marijuana Cultivation Regulations Must be over the age of 21 to cultivate and cultivation areas cannot be accessible to those under the age of 21. Six plant limit regardless of how many people over the age of 21 reside in the residence. Cultivation allowed only within a fully enclosed and secure structure and can only take place on impervious surfaces. No use of gas products or CO2 or ozone generators or marijuana extraction techniques.

Marijuana Cultivation Regulations Cultivation shall not be visible from public right of way. Cultivation shall not create nuisance. Cultivation shall not prevent the cooking, sleeping and sanitation facilities in the home from being used for their intended purpose. Portable fire extinguisher must be kept in the the room or area where marijuana cultivation occurs. Must get a permit before performing electric work on property.

Property Owner Liability Ordinance provides that a property owner shall not rent, lease or otherwise permit any person or business that engages in commercial marijuana activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial marijuana activity on any real property owned or controlled by that property owner that is located in the City.

Proposed Amendments to Chapter XXX (Zoning) Amends Section 30-3 (Definitions) to add the following definitions: Commercial marijuana activity, commercial marijuana uses, cultivation, fully enclosed and secure structure, indoors, marijuana, marijuana products, outdoors and private residence.

Commercial Marijuana Uses Commercial marijuana use is defined as any use of any real property in the City which consists of, in whole or in part, any commercial marijuana activity.

Commercial Marijuana Uses Are Prohibited Amendments to the following zones to prohibit commercial marijuana uses and marijuana cultivation outdoors: Residential Agricultural Limited Manufacturing Low-Density Residential Heavy Manufacturing Medium-Density Residential Buffer High-Density Residential Planned Development Limited Commercial Special Development Commercial Manufacturing

Indoor Cultivation Is Allowed Amendments to the following zones to allow indoor cultivation consistent with State law and subsection 9- 24.4: Residential Agricultural Limited Manufacturing Low-Density Residential Heavy Manufacturing Medium-Density Residential Buffer High-Density Residential Planned Development Limited Commercial Special Development Commercial Manufacturing

Enforcement City can enforce pursuant to Municipal Code section 1- 6 (misdemeanor or public nuisance). City Attorney may bring a civil action for an injunction. The remedies set forth in this Ordinance are not exclusive of any other remedies available at law.

Restrictions on Enforcement State law sets forth the maximum criminal penalties allowed for violations pertaining to personal cultivation, possession for sale, use, and unlawful transportation. In the event of any conflict between the penalties enumerated in the Ordinance any penalties set forth in State law, the maximum penalties allowable under State law shall govern.

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