Adult Use of Marijuana Act
While the League of California Cities has no position on Proposition 64, the Adult Use of Marijuana Act, in response to multiple inquiries from member cities, League Staff have prepared a Memorandum and a Frequently Asked Questions document, explaining how the regulatory landscape for local governments, particularly cities, will change if Prop. 64 passes in November. The presence of this information on our website should in no way be construed as an endorsement of the initiative, but rather a pro-active effort by the League to keep our members prepared for and forewarned about various local regulatory contingencies, with a view toward maintaining local control.
Currently the only ordinances the League has received on recreational marijuana are bans. However, we do have resources providing guidance on local ordinances that regulate rather than ban recreational marijuana. Medical ordinances can provide helpful guidance on what recreational ordinances should look like, and can be a useful tool until local jurisdictions begin enacting recreational ordinances. Our medical marijuana ordinances webpage is therefore a helpful resource in this interim period which may last through January 2018.
A key fact to remember is that there is little appreciable difference between an ordinance that regulates medical marijuana, and an ordinance that regulates recreational marijuana. Both are agricultural products and are chemically identical for purposes of local regulation. For this reason, the ordinances on the League’s medical marijuana webpage provide a useful guide for those cities seeking to craft recreational marijuana ordinances.
There are just two key differences to bear in mind in crafting a recreational marijuana ordinance, post-Proposition 64:
- Since the passage of Proposition 64, local governments can no longer ban indoor cultivation for personal use. Such ordinances are now invalid, even if enacted before Prop. 64 took effect. However, locals can “reasonably regulate” indoor cultivation for personal use. For example, local cultivation permits with an appropriate fee may be required if that is the will of the jurisdiction.
- Proposition 64 prohibits state and local governments from levying sales tax of any kind on medical marijuana. Excise taxes such as business license taxes, cultivation taxes, or manufacturing taxes on medical marijuana remain valid. And, sales taxes on recreational marijuana can still be levied by locals.
With these governing principles, all that remains is to decide what you want the rules to be for both recreational and medical marijuana in your city. Cities are cautioned that their marijuana ordinances should be reviewed to be certain their scope specifically includes both recreational and medical marijuana
. At least one city is now in litigation because it relied on a purely medical marijuana ordinance to regulate recreational marijuana businesses
Sample Ordinances Regulating Adult Use Marijuana
Please see the League’s Medical Marijuana webpage
to view our examples of medical marijuana ordinances.
On Nov. 8, 2016, the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA” or “Act”) passed, legalizing nonmedical use of marijuana by persons 21 years of age and over, and the personal cultivation of up to six marijuana plants. In addition, the AUMA will create a state regulatory and licensing system governing the commercial cultivation, testing, and distribution of nonmedical marijuana, and the manufacturing of nonmedical marijuana products.
Key Guidance Documents
Webinar Briefing Presentation
In-Person Briefing Presentations
The League does not prepare or post model ordinances, recognizing that individual cities may approach issues differently and one approach for a city may not be ideal for another. Accordingly, here are our disclaimers about the ordinances posted:
- The ordinances have been adopted by individual member cities and provided to the League for informational purposes. They are posted as a resource for the same informational purposes. They have not been reviewed by the League’s attorneys and do not constitute legal advice.
- The League does not endorse any ordinance as the only valid approach, recognizing that municipal codes vary and must be approached individually.
- City staff and elected officials should consult with their city attorney to prepare an ordinance that is appropriate for that city.
Sample Ordinances Regulating Marijuana
Sample Ordinances Prohibiting Regulated Activities
Ordinances Prohibiting Cultivation, Processing, Delivery, Dispensaries or Some Combination Thereof:
- City of Ceres: Prohibits cultivation and deliveries.
- City of Cupertino No. 16-2140: Prohibits all forms of regulated commercial medical cannabis activity.
- City of Cupertino No. 17-2167: Imposes temporary moratorium on non-medical commercial cannabis activities, to expire upon either September 19 2018, or upon completion of a local study and evaluation and adoption by the city council of an alternate regulatory structure.
- City of Eastvale: Prohibits commercial cannabis activities, deliveries, and cultivation.
- City of Jackson: Prohibits cultivation, delivery and dispensaries.
- City of Lathrop: Prohibits cultivation, processing and storage.
- City of Live Oak: Prohibits cultivation and dispensaries.
- City of Lodi: Prohibits delivery and processing.
- City of Los Banos: Prohibits dispensaries, delivery, cultivation, and processing.
- City of Manteca: Prohibits cultivation, deliveries, transportation and storage.
- City of Merced: Prohibits commercial cannabis activities, deliveries, and cultivation.
- City of Newman: Prohibits business licenses for dispensaries, commercial cannabis activity, distribution, cultivation, delivery, testing, or processing; prohibits commercial cannabis activity, delivery, activity for which a state license is required under the MMRSA, cultivation; will apply to recreational marijuana if legalized in the future.
- City of Newport Beach: Prohibits cultivation, processing, delivery and dispensaries.
- City of Petaluma: Prohibits dispensaries, cultivation, deliveries, and commercial cannabis activity generally.
- City of Riverbank: Prohibits dispensaries and outdoor cultivation.
- City of San Marcos : Prohibits cultivation, processing, delivery and dispensaries.
- City of Waterford: Prohibits commercial cannabis activities, deliveries, and cultivation.
- City of Oceanside: Prohibits commerial culitivation and deleivery