HomeMy WebLinkAboutCity Regulation of Marijuana Distribution, Use, and Sales, aCity Regulation of Marijuana
Distribution, Use, and Sales, and
Prop 64 Update
City Attorney Michael E. Gates
Police Chief Robert Handwga
Citv's Existinq Regulation of Mariiu
through Land Use
Permissive Use Zoning, Implied Prohibition:
Commercial sale or distribution of marijuana is
prohibited under the City's permissive Zoning and
Subdivision Ordinance. Uses not specifically
enumerated are prohibited. (See Zoning Code
Section 211.04)
o Medical Marijuana Express Prohibition (2015): The
City's Zoning and Subdivision Ordinance prohibits
medical marijuana businesses, including distribution
Business Licenses Required: Busine
business in City need a Business�LcE
Federal Law
I Substance (Most Hi
Regardless of any State law, Marijuana is a product that is illegal
under Federal Law. Pursuant to the Controlled Substances Act,
marijuana is a Schedule I drug. Under that classification, marijua
"has a high potential for abuse... has no currently accepted medic
use in treatment in the United States [and] there is a lack of acce
safety for use of the drug or other substance under medical
supervision" [21 U.S.0 812(b)(1)l.
While the current Federal Law is not being actively enforced, it is
illegal. As such; there is a conflict between State and Federal law
that has not been resolved. A confusing legal landscape has been
created by congressional action and executive branch inaction led
this outcome. —44
California's Proposition 64
o Passed by California voters in 2016
o It's a "decriminalization" of possession, use,
and sales, Statute:
• Legalized the recreational use of marijuana for
persons 21 and older on private property — not 1
use in public places (without a permit)
• Legalized in -home cultivation of 6 or less plants.
• Legalized the delivery of recreational use
marijuana to private locations.
o Provides for State -certified sales of
recreational marijuana.
Prop 64 Personal Use
o General Rules regarding marijuana under
Prop 64:
• Must be 21 years of age or older to possess or
use marijuana.
• Decriminalizes regular possession of up to 28.5 _
grams of marijuana and 8 grams of marijuana
product.
• Decriminalizes giving away of up to 28.5 grams of
marijuana and 8 grams of marijuana product.
Under Proa 64. Areas of Possib
City Regulation
o City can regulate or prohibit the commercie
sale or delivery of recreational marijuana.
State -certification for commercial sales is not a
permit to engage in sales in a City.
o City can ban outdoor cultivation.
cc) City can "reasonably" regulate indoor,
personal cultivation, even if such activity
permitted under Prop 64.
Establish a personal cultivation permit with an
appropriate fee. map
Require an annual indoor ins pectii0A ;
Impacts of Legalization in Colorado
The majority of DUI drug
arrests involve
marijuana and 25% to
40%were marijuana
alone.
Local cities saw an
increase in marijuana
traffic related deaths.
(32% increase in 2014.)
Marijuana related traffic
deaths accounted for
20% of all traffic deaths
in the state, compared
to 10% in past years.
Impacts of Legalization in Colorado
Overdose problems
due inconsistent
content and
consumption of
edibles.
Colorado saw an
increase in 'Organized
Crime' including
marijuana grown in
Colorado sold illegally
in other states.
Crime related to all
cash business.
'• y� :fob
Other Impacts
• Marijuana use by minors
has increased.
• School suspensions for
marijuana use increased.
• A 38% increase in
marijuana related
hospitalizations
immediately after retail
businesses began
operations.
• Correlation in
homelessness increases.
,:A
Under Prop 64, City's Proposed Express
Regulation of Distribution, Use, and Sales of
Recreational Use Marijuana
Zoninq and Municipal Code Amendments:
• Recreational Use Marijuana deliveries as a
prohibited use in all zones of the City.
Recreational Use Marijuana sales as a
prohibited use in all zones of the City.
• Outdoor cultivation, even on private property, as
a prohibited use in all zones of the City.
Production of alternate marijuana products as a
prohibited use in all zones of the City.
Questions?
City Attorney Michael E. Gates
Police Chief Robert Handy