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

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
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2. Control, Regulate and
Tax Adult Use of
Marijuana Act
(AUMA)
56% Yes vote
Statewide
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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.
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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.
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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.
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6. Aspects of Prop. 64
•Private Indoor Cultivation
•Private Outdoor Cultivation
•Commercial Activities
•Deliveries
•Possession, Transporting,
Purchasing or Giving Away
•Smoking
•Hemp production
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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16. Smoking
Town Council may wish to take opportunity to
consider a non-smoking policy for multifamily
dwellings.
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17. Hemp Cultivation
•Law allows industrial hemp to be grown as an
agricultural product.
•Unclear if the Town can adopt
ordinance prohibiting.
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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.
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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.
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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);
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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
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