Report Prepared by: Kenneth Rozell, Senior Deputy City Attorney
Title
SUBJECT: Medical Marijuana Study Session
REPORT IN BRIEF
Provides a brief overview of medical marijuana issues at the state and local level and outlines potential areas for the City Council to consider regarding medical marijuana dispensaries, deliveries and cultivation.
RECOMMENDATION
Staff recommends that the City Council take public testimony regarding the medical marijuana issue as it relates to dispensaries, deliveries and cultivation within the City of Merced and either:
A. Schedule another study session on this matter regarding medical marijuana in general or specifically relating to dispensaries, deliveries and/or cultivation; or,
B. Provide direction to staff regarding specific modifications to the City's existing bans on dispensaries, deliveries and/or cultivation of medical marijuana within the City; or,
C. Take no further action regarding this matter.
Body
AUTHORITY
City of Merced Charter, Section 200
CITY COUNCIL PRIORITIES
Not Applicable
DISCUSSION
Background
On October 9, 2015, Governor Jerry Brown signed into law three bills (AB 266, AB 243, and SB 643) that together are entitled the Medical Marijuana Regulation & Safety Act (MMRSA). The three bills are designed to establish a comprehensive regulatory structure around the state's multi-billion dollar medical marijuana industry. (The bills are attached as Attachments 1, 2 and 3.)
The legislation creates a dual licensing structure that requires a state and local license or permit in order to cultivate, dispense, or transport medical marijuana. Cities that wish to ban these land use activities are allowed to do so.
However, if there is no local licensing requirement, the State Department of Food and Agriculture becomes the sole licensing authority. AB 243 included a provision stating that cities that did not regulate or prohibit cultivation before March 1, 2016 would lose ...
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