City Attorney Craig Steele laid out the options open to the Monrovia City Council in regards to regulating the personal use of marijuana pursuit to the Adult Use of Marijuana Act (AUMA). The personal use of marijuana and the cultivation for personal use was legalized for adults starting the day after the election by the passage of Proposition 64. The sale and taxation of it will not come into effect until January 1 of 2018.
Steele told the Monrovia City Council that with the sale of medical marijuana, the city could continue to restrict the cultivation and sales of marijuana as long as these restrictions were put into place prior to the state regulations and taxation going into effect on 1/1/18.
When medical marijuana was permitted by state initiative, Monrovia banned the sale of medical marijuana and the cultivation of it at that time. Steele explained that AUMA legalizes personal possession, use and cultivation by those at least 21-years-old. AUMA legalizes and regulates commercial marijuana activity subject to state licensing for the “Cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, sale of marijuana products.”
AUMA does allow local restrictions on the sales and outdoor cultivation and the imposition of local taxes. The state will not issue a license to a commercial marijuana business if it violates local regulation.
The licensing rules for commercial marijuana licenses for the state are the following:
- Businesses may not be within 600’ of a K-12 school, day care center, or youth center unless city imposes a different radius
- Marijuana products may not be sold by un-licensed businesses
- Marijuana must be sold in child-resistant containers
- Safe labeling is required
- No advertising near schools or other child-related places
- Marijuana may not be sold by a business that sells alcohol or tobacco
- A State license is required to sell marijuana
Steele went on to explain that the city does have some options. It can allow some or all non-medical marijuana uses. Or it can regulate non-medical marijuana uses through zoning and land use requirements, uniform codes, business license requirements, and health and safety regulations. Or it can ban all non-medical marijuana issues as the city currently bans medical marijuana uses. The Monrovia City Council can establish a tax for allowable non-medical marijuana use. All this applies only to the sale or cultivation of marijuana.
The city attorney was careful to point out that there were many ways the city could allow non-medical marijuana businesses through zoning and other restrictions. It could designate specific zones or limit the number or location of such businesses. The city could impose additional requirements such as the aesthetics or security. It could also restrict the size and layout of the businesses.
The city also has the option of allowing sales, but prohibiting the outdoor or commercial cultivation of marijuana. The city could ban sale and commercial cultivation, but allow “ancillary uses” such as testing or Research and Development.
Steele pointed out that most of the neighboring cities have not permitted non-medical sale of marijuana. He also noted that the city needs to determine what to do about the current ban on medical marijuana sale in the city.
The attorney pointed out that the city might permit the non-medical sales and attempt to tax this use. He listed such potential taxes as a possible local sales tax, a business license tax, cultivation or manufacturing tax. He noted that such a tax would require voter approval in accord with Proposition 218.
AUMA allows for “planting, cultivation, harvesting, drying and processing (“cultivation activities”) of up to six marijuana plants on the grounds of a private residence.” The plants and products in excess of 28.5 grams must be kept in or upon the grounds of a private residence, locked and not in plain view from a public place.
Using its “police powers” authority, the city can place further restrictions on personal cultivation for health and safety. For example, the city can restrict growth to indoor cultivation only. It can impose further restrictions with building, plumbing, electrical, and fire code compliance. In closing the city attorney made several suggestions:
- Ban all non-medical marijuana sales businesses but permit non-commercial ancillary uses such as testing (in appropriate areas) as a research and development business.
- Continue to ban medical marijuana uses.
- Continue to ban marijuana mobile sales and deliveries, but make medical uses consistent either way.
- Ban all outdoor cultivation.
- Impose reasonable health and safety restrictions on permitted indoor cultivation.
He also pointed out to the Monrovia City Council that any such regulations would be subject to public input at a planning commission meeting. If approved at the commission, it would then need review by the council itself.
Mayor Tom Adams pointed out that he had mixed feeling on the issue. “Initially I would have been against going against the will of the people,” he said. He said he believed that since 65% of Monrovia voters approved the use, “The will of the people should direct us.”
Council Member Becky Shevlin voiced concern about being the only city in the area to allow non-medical marijuana sale: “I don’t want to be the only one.”
“I’m a little bit skittish about being the only one,” Council Member Gloria Crudgington commented. She said she did not want the city to become the local “pot center.”
The council seemed to reach a consensus regarding not wanting to be the only city allowing non-medical sale and not wanting to have unlimited cultivation.
