CC Exhibit 09-19-2017 Item No. 10 Non-Medical Marijuana Extension of Urgency Ordinance No. 17-2167Non-medical Marijuana Extension
of Urgency
Ordinance No. 17-2167
NON-MEDICAL MARIJUANA URGENCY ORDINANCE
BACKGROUND
• In response to Prop. 64 placed on November 8, 2016
ballot (passed)
• Adopted by Council on October 18, 2016 (45 days)
• Extended on November 15, 2016 {10 months 15 days)
• Preserving local control over non-medical marijuana
• Prohibiting to fullest extent non-medical marijuana cultivation,
commercial activities, and distribution
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NON-MEDICAL MARIJUANA URGENCY ORDINANCE
MCRSA
• Medical ~annabis _Begulation and ~afety Act ("MCRSA")
(Sept. 2015) comprises of AB243, AB266 and SB643
• City's Medical Marijuana Ordinance adopted Jan 2016:
• Dispensaries and commercial businesses -prohibited
• Cultivation:
• Commercial -prohibited
• Personal -limited to qualified patients
• Transportation and delivery -limited to:
• Qualified patients or
• Qualified caregivers carrying for/to their qualified patients
NON-MEDICAL MARIJUANA URGENCY ORDINANCE
PROPO SITION 64 OR AU MA
• Prop. 64 or the Control, Regulate and Tax Adult Use of
Marijuana Act ("AUMA"):
• Allows non-medical marijuana use, personal cultivation, and
commercial facilities and businesses
• Establishes licensing and regulatory framework for non-medical
marijuana establishments
• Allows local agencies and cities land use control over businesses
• Some portions of Prop. 64 (such as personal use and cultivation)
effective immediately.
• Therefore, important to have ordinance in place
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NON-MEDICAL MARIJUANA URGENCY ORDINANCE
BACKGROUND
• City adopted Urgency Ordinance in October 2016
• Extended urgency in November 2016
• Similar to Medical Marijuana regulations that prohibit
commercial activities including cultivation, manufacturing,
sale, transport and deliveries
• Personal cultivation (prohibited to max. extent):
• Outdoor cultivation -prohibited
• Indoor cultivation -
• Cannot be prohibited under Prop . 64 but requires cultivation to be
inside secure facilities
• May be further regulated with regular ordinance, if City wishes to
NON-MEDICAL MARIJUANA URGENCY ORDINANCE
MAUCRSA
• In Jun 2017, Gov. Brown signed the Medicinal and
Adult-Use Cannabis .!3egulation and ~afety Act
("MAUCRSA"):
• a new hybrid regulatory structure which is more operator-
friendly than MCRSA
• Repealed MCRSA (medical marijuana regs) and
• Incorporated some of its provisions into licensing provisions of AUMA
(adult use/recreation marijuana regs)
• Anticipated that licensing will start on January 2, 2017
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NON-MEDICAL MARIJUANA URGENCY ORDINANCE
URGENCY ORDINANCE
• Extension for 12 months recommended
• Allows City to:
• Retain ability to regulate, allow or prohibit such uses
• Regulations about non-medical marijuana uses may be considered by City
at later time including:
• Locations of facilities (if allowed)
• Ta xation (subject to voter approval)
• Consider effectiveness of state licensing and regulation and
consider local licensing or regulation
NON-MEDICAL MARIJUANA URGENCY ORDINANCE
FINDINGS
• Non-medical marijuana has negative secondary effects
similar to medical marijuana
• Documented in:
• News stories
• Formal reports from law enforcement (see packet)
• Unsafe building and construction practices, fumes, odors
and increased crime
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NON-MEDICAL MARIJUANA URGENCY ORDINANCE
NOTICING AND ENVIRONMENTAL REVIEW
• Noticing:
• Legal and Display Ads
• Public hearing notices/agenda on City website and at City
Hall/Community Hall
• Environmental Review:
• Not considered a project under CEQA (Section 15378)
• Also, if found to be a project, exempt under CEQA (Section
15061(b)(3))
NON-MEDICAL MARIJUANA URGENCY ORDINANCE
RECOMMENDATION
• That the City Council:
• Find that the proposed actions are exempt from CEQA; and
• Enact Urgency Ordinance No. 17-2167 "An Interim Urgency
Ordinance of the City Council of the City of Cupertino
Establishing a Moratorium on Non-Medical Marijuana
Dispensaries, Marijuana Cultivation Facilities, Commercial
Cannabis Activities and Marijuana Transport and Deliveries
within the City of Cupertino Pending Completion of an Update
to the City's Zoning Code"
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NEXT STEPS
• Urgency extension good for 12 months from Sept. 19,
2016
• Evaluation of State licensing and controls (anticipated in
early 2018)
• Options include consideration of:
• Local ordinance on regulation or
• Continued ban on non-medical marijuana to align with current
medical marijuana regulation
• Taxation on non-medical marijuana (Prop. 218) to voters
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