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Proposition 64
Legalized Recreational Marijuana
in California
• Consideration of Town’s options for regulation
• Considera...
Control, Regulate and
Tax Adult Use of
Marijuana Act
(AUMA)
56% Yes vote
Statewide
2
Addressing Prop. 64 locally –
why the urgency?
New State law (Prop. 64):
A person 21 years of age or older may
immediately...
Prior to Prop. 64 – Current laws (1 of 2)
•Proposition 215 “The Compassionate Use Act of
1996.”
•In 2004, SB 420 clarified...
Prior to Prop. 64 – Current laws (2 of 2)
•In 2015, Governor signed Medical Marijuana
Regulation and Safety Act.
•On Febru...
Aspects of Prop. 64
•Private Indoor Cultivation
•Private Outdoor Cultivation
•Commercial Activities
•Deliveries
•Possessio...
Private Indoor Cultivation
•Up to 6 living “nonmedical” marijuana plants
allowed per residence by a person at least 21
yea...
Private Indoor Cultivation –
Moratorium
•Recommend interim ordinance
adopted as an urgency measure
establishing a temporar...
Private Outdoor Cultivation
•Town may allow it (6 plants),
regulate it, or prohibit entirely.
•Recommend interim urgency
o...
Commercial Nonmedical Marijuana
Activities
•State license required.
•State authorities required to begin issuing
licenses ...
Commercial Nonmedical Marijuana
Activities (continued)
•In February 2016 Council expressed an interest
in exploring commer...
Deliveries
•In January 2016, Council refrained from banning
medical marijuana deliveries in Town, as part of
Medical Marij...
Possession, Transporting, Purchasing,
or Giving Away
•A person 21 years of age or older may possess,
process, transport, p...
Smoking / Possession
•AUMA prohibits smoking nonmedical marijuana:
in public places
In moving vehicles
Within 1,000 fee...
Smoking / Possession
•AUMA allows the Town to prohibit the smoking
and possession of marijuana in any buildings
owned, lea...
Smoking
Town Council may wish to take opportunity to
consider a non-smoking policy for multifamily
dwellings.
16
Hemp Cultivation
•Law allows industrial hemp to be grown as an
agricultural product.
•Unclear if the Town can adopt
ordina...
Prop. 64 Impacts to the Town
Two urgency ordinances would allow more time
to study impacts to:
•Public health and safety;
...
Prop. 64 Impacts to the Town
Staff would also like time to:
•Seek further public input;
•Become educated and educate the c...
Summary and Next Steps (1 of 2)
1. Discuss and consider options;
2. Adopt interim ordinance as urgency measure
establishin...
Summary and Next Steps (2 of 2)
4. Provide direction to staff regarding any other
aspects:
a. Various Commercial activitie...
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Proposition 64 Presentation: Town of Windsor, California, Town Council Meeting 11-16-16

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PowerPoint presentation for Town of Windsor, California, Town Council Meeting of November 16, 2016, regarding Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act

Published in: Government & Nonprofit

Proposition 64 Presentation: Town of Windsor, California, Town Council Meeting 11-16-16

  1. 1. Proposition 64 Legalized Recreational Marijuana in California • Consideration of Town’s options for regulation • Consideration of two urgency ordinances Windsor Town Council Meeting of November 16, 2016 1
  2. 2. Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) 56% Yes vote Statewide 2
  3. 3. Addressing Prop. 64 locally – why the urgency? New State law (Prop. 64): A person 21 years of age or older may immediately (as of November 9, 2016) cultivate up to six (6) living nonmedical marijuana plants indoor or outdoor of their residence. 3
  4. 4. Prior to Prop. 64 – Current laws (1 of 2) •Proposition 215 “The Compassionate Use Act of 1996.” •In 2004, SB 420 clarified scope of Prop. 215. •In 2005, Windsor established temporary moratorium on medical marijuana dispensaries. •In 2007, Windsor adopted ordinance prohibiting medical marijuana dispensaries. 4
  5. 5. Prior to Prop. 64 – Current laws (2 of 2) •In 2015, Governor signed Medical Marijuana Regulation and Safety Act. •On February 17, 2016, Windsor Town Council: •Reaffirmed marijuana cultivation is prohibited; •Did not ban deliveries of medical marijuana; and •Directed staff to explore regulations for allowing some commercial marijuana cultivation. 5
  6. 6. Aspects of Prop. 64 •Private Indoor Cultivation •Private Outdoor Cultivation •Commercial Activities •Deliveries •Possession, Transporting, Purchasing or Giving Away •Smoking •Hemp production 6
  7. 7. Private Indoor Cultivation •Up to 6 living “nonmedical” marijuana plants allowed per residence by a person at least 21 years of age. •Personal use. •Private residence. •Town cannot completely ban indoor cultivation but can impose reasonable regulations. 7
  8. 8. Private Indoor Cultivation – Moratorium •Recommend interim ordinance adopted as an urgency measure establishing a temporary moratorium. •Must meet standards; not visible from public right-of-way; written permission of property owner. 8
  9. 9. Private Outdoor Cultivation •Town may allow it (6 plants), regulate it, or prohibit entirely. •Recommend interim urgency ordinance establishing moratorium. •Need to study impacts to neighborhood odors and livability, crime, water consumption, potential setback requirements, etc. and opportunity for public input. 9
  10. 10. Commercial Nonmedical Marijuana Activities •State license required. •State authorities required to begin issuing licenses by January 1, 2018. •If Town does not adopt ordinance to the contrary, commercial nonmedical marijuana activities could take place in Town as soon as licenses are issued by State. 10
  11. 11. Commercial Nonmedical Marijuana Activities (continued) •In February 2016 Council expressed an interest in exploring commercial-scale marijuana cultivation in industrial zones. •Other commercial activities related could include lab testing, processing, packaging, baking goods, smoke clubs, marketing, delivery services, etc. 11
  12. 12. Deliveries •In January 2016, Council refrained from banning medical marijuana deliveries in Town, as part of Medical Marijuana Regulation and Safety Act. •Town can ban deliveries of recreational marijuana. 12
  13. 13. Possession, Transporting, Purchasing, or Giving Away •A person 21 years of age or older may possess, process, transport, purchase or give away to persons 21 years of age or older 1 ounce of marijuana in the non-concentrated form and not more than 8 grams in the concentrated form. •These activities cannot be prohibited by the Town. 13
  14. 14. Smoking / Possession •AUMA prohibits smoking nonmedical marijuana: in public places In moving vehicles Within 1,000 feel of schools, daycare, and youth centers when children are present, except on residential property or on licensed premises and provided the smoking is not detectable by the children. 14
  15. 15. Smoking / Possession •AUMA allows the Town to prohibit the smoking and possession of marijuana in any buildings owned, leased, or occupied by the Town. 15
  16. 16. Smoking Town Council may wish to take opportunity to consider a non-smoking policy for multifamily dwellings. 16
  17. 17. Hemp Cultivation •Law allows industrial hemp to be grown as an agricultural product. •Unclear if the Town can adopt ordinance prohibiting. 17
  18. 18. Prop. 64 Impacts to the Town Two urgency ordinances would allow more time to study impacts to: •Public health and safety; •Neighborhood crime and security; •Odor control and neighborhood livability; •Environmental effects; •Other potential impacts unknown at this time. 18
  19. 19. Prop. 64 Impacts to the Town Staff would also like time to: •Seek further public input; •Become educated and educate the community; •Learn from experiences of other cities. 19
  20. 20. Summary and Next Steps (1 of 2) 1. Discuss and consider options; 2. Adopt interim ordinance as urgency measure establishing a temporary moratorium on outdoor cultivation; 3. Adopt interim ordinance as urgency measure establishing a temporary moratorium on indoor cultivation (except under certain circumstances); 20
  21. 21. Summary and Next Steps (2 of 2) 4. Provide direction to staff regarding any other aspects: a. Various Commercial activities b. Deliveries c. Smoking d. Possession within Town buildings e. Hemp production f. Any other aspects of the new law 21

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