These documents examine how local authority over recreational marijuana would be affected should this proposition to legalize non-medical marijuana pass on Nov. 8.
This information, which is primarily directed at city managers and city attorneys, but will be informative for everyone in local government, takes the form of a Frequently Asked Questions
document and a more detailed memo
. The memo explains key differences between the AUMA and the Medical Marijuana Regulation and Safety Act, signed into law last year, and details aspects of the AUMA that will effect local regulation, including deliveries, permissive zoning, and taxes.
The memo has been updated twice in response to feedback from local governments, first to clarify that the AUMA provides that local governments can reasonably regulate
, but cannot ban, indoor cultivation for personal use of up to six plants per adult, and second to clarify that local ordinances enacted to ban indoor cultivation for personal use prior the November election will have no legal effect if the AUMA is approved by voters. The AUMA will supersede such local prohibitions.
In sum, cities should take note of four key points:
- The AUMA, if it passes, will NOT pre-empt local control, except with respect to indoor cultivation of up to six plants for personal use.
- If voters approve the AUMA, local bans on indoor cultivation for personal use will automatically be invalid on their face. Local governments have no incentive to enact bans on indoor cultivation before the November election, unless the cultivation being targeted is commercial in nature. Reasonable local regulations on indoor cultivation for personal use will remain valid, and can be enacted even after the November election (examples are residential cultivation permits, inspection requirements, etc.).
- If voters approve the AUMA, local bans or other regulations on outdoor cultivation will remain valid.
- If voters approve the AUMA, local regulations, including bans, of non-medical marijuana businesses/commercial operations will remain valid.