Dana Point City Council will be discussing Prohibiting all Cannabis at a special meeting Monday December 14 2015 at 6:00pm.
The Council will be meeting at City Council Chambers.
Chambers are located at 33282 Golden Lantern Street.
The public is encouraged to attend.
Proposed Discussion Items Include:
RECOMMENDED ACTION:
That the City Council introduce and hold a first reading of an Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA ADDING CHAPTER 5.40 TO THE DANA POINT MUNICIPAL CODE TO PROHIBIT ALL CANNABIS RELATED USES, COMMERCIAL CANNABIS ACTIVITIES, AND THE DELIVERY AND CULTIVATION OF CANNABIS IN THE CITY.
• The Medical Marijuana Regulation and Safety Act (“MMRSA”), which implements a variety of changes to state and local laws related to medical marijuana, was signed by the Governor and will become effective January 1, 2016.
• The MMRSA sets up a dual state and local licensing system for all “commercial cannabis activities.”
• While the MMRSA generally protects a city’s ability to regulate or even ban cannabis related uses, either expressly or through the principles of permissive zoning, there are two distinct exceptions. First, if a city desires to regulate marijuana cultivation, it must do so by adopting an ordinance or other regulation by March 1, 2016, or the State will becoming the sole licensing/regulatory authority. Second, if a city desires to prohibit marijuana deliveries, it must do so “explicitly by local ordinance.”
• The City of Dana Point has adopted a permissive zoning code, which does not list any marijuana related use (such as a dispensary or cultivation) as a permitted use. As a result, at this point in time, all marijuana related uses are deemed prohibited.
The City has not, however, adopted any express ordinance relating to marijuana uses.
• In order to ensure that the City retains jurisdiction over marijuana related activities, and to preserve the status quo, the City Attorney has prepared an ordinance that, if adopted, would expressly prohibit all cannabis related activities, including those defined as “commercial cannabis activities” under the MMRSA, as well as the cultivation and delivery of marijuana.
For more information please visit The City of Dana Point.
