Title
Proposed Text Amendments to the City of Alameda Medical Marijuana Dispensaries Ordinance (AMC Section 30-5.15): Recommend that the City Council adopt a proposed amendment to the Medical Marijuana Dispensaries Ordinance, to define and prohibit the commercial cultivation and distribution of medical marijuana in response to the recently adopted State of California Medical Marijuana Regulation and Safety Act. The proposed amendment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations.
Body
BACKGROUND
In 1996, California voters approved Proposition 215, or the Compassionate Use Act (CUA), which allows a qualified person to use and cultivate marijuana for medical purposes. California voters approved this initiative in order to exempt certain patients and their primary caregivers from criminal liability for possession and cultivation of marijuana. In 2003, the State Legislature enacted further regulations by passing Senate Bill 420, or the Medical Marijuana Program Act (MMP) to establish and maintain a program for voluntary registration of qualified patients and their primary caregivers through a statewide identification card.
In recent months, the State Legislature has adopted three pieces of legislation that seek to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana in California. AB 266, AB 243 and SB 643 comprise the Medical Marijuana Regulation and Safety Act. AB 266 establishes a dual licensing structure requiring a state license and a local license or permit for all marijuana businesses. AB243 establishes a regulatory and licensing structure for cultivation sites under the Department of Food and Agriculture. SB643 establishes criteria for licensing of medical marijuana businesses, regulates physicians, and recognizes local authority to levy taxes and fees. Links to these three bills are provided below.
Link to AB 266:
<https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB266>
Link to AB 243:
<https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB243>
Link to SB643:
<https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB643>
AB 243 includes an important regulatory deadline for local governments. AB 243 contains a provision stating that cities, if a city or county does not have a zoning ordinance regulating cultivation, then the State will become the sole permitting authority as of March 1, 2016. The assembly bill author has committed to change this section, but representatives from the League of California Cities have contacted local governments throughout California, advising them to enact emergency ordinances so they will have provisions in place prior to the March 1, 2016 deadline in the event that the State does not amend that section of AB 243 in a timely manner.
ANALYSIS
In November 2008, the Alameda City Council adopted a moratorium on the establishment of medical marijuana dispensaries in the City of Alameda. On May 4, 2010, the City Council adopted the current Medical Marijuana Dispensaries Ordinance, which prohibits medical marijuana dispensaries. The ordinance became effective on June 18, 2010 and prohibits the establishment and/or operation of a marijuana dispensary in the City of Alameda.
Given the rapidly and continually changing State regulations on the issue of marijuana and the specific concern with AB 243 regarding State and local licenses for cultivation, staff is recommending that Planning Board recommend that the City Council adopt a prohibition on commercial cultivation of marijuana in Alameda.
Currently, the City of Alameda Zoning Code permits "agriculture and horticulture" in all residential districts and most commercial districts in Alameda. An immediate and explicit prohibition on marijuana cultivation throughout the City will ensure that:
• The Alameda community will not be faced with a situation in April or May of 2016, whereby a commercial cultivation operation requests a business license for an inappropriate location in Alameda and makes the argument that the City must issue the business license because "agriculture" is permitted by right and the zoning ordinance does not explicitly make a distinction between agriculture and marijuana cultivation.
• The Alameda community will preserve the opportunity to have a more robust discussion about medical marijuana dispensaries, cultivation, and delivery at a later date when the State's regulatory structure becomes clearer. At that future date, the community, the Planning Board and the City Council may choose to consider alternative regulatory approaches which might allow certain services or facilities at certain locations under specific conditions and through a specific public review process. For example, the community could decide at a future date that indoor commercial cultivation might be appropriate with a conditional use permit in specific locations, such as the Harbor Bay Business Park or Alameda Point.
The recommended zoning text amendment includes two important amendments to the existing ordinance:
• The amendment adds a definition for marijuana cultivation, and
• The amendment prohibits "cultivation".
Consistent with State Law, the ordinance does change the existing local regulations related to cultivation for personal use by a “qualified patient” or “primary caregiver”.
PUBLIC NOTICE and Comments
A legal ad was published on November 6, 2015. No comments have been received as of November 10, 2015.
ENVIRONMENTAL REVIEW
This project is determined to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations.
RECOMMENDATION
Recommend by motion, that the City Council adopt the Draft Ordinance amending City of Alameda Medical Marijuana Dispensaries Ordinance (AMC Section 30-5.15) as described above.
Respectfully Submitted,
Andrew Thomas
Assistant Community Development Director
Exhibit:
1. Draft Ordinance amending AMC Section 30-5.15