Pomona City Council members gave unanimous preliminary approval to a proposed ordinance calling for a permitting plan for recreational marijuana.
The proposal, which was voted on Oct. 16, also calls for banning the use of marijuana where ever tobacco use is prohibited.
Council members also gave preliminary approval to a proposal amending the city’s zoning regulations to “explicitly prohibit commercial marijuana/cannabis activity citywide,” according to a city staff report.
City Council members had given initial approval in July to the proposal addressing the permitting strategy and barring the use of cannabis where tobacco is prohibited. However, the proposal was revised to include changes in state regulations that resulted this summer following the state Legislatures passage and Gov. Jerry Brown’s signing into law of the Medicinal and Adult-Use Cannabis Regulation and Safety Act, or MAUCRSA, according to a city staff report.
Both proposals are expected to return to the council for a final vote at the Nov. 6 meeting, Pomona Assistant City Attorney Andrew Jared said Friday.
Across the state, cities and counties are preparing for Jan. 1, when the sale of marijuana for recreational purposes becomes legal.
California voters on Nov. 8, 2016, approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act. On the following day, Californians age 21 and older could legally use marijuana. It also became legal for them to cultivate a maximum of six marijuana plants per residence for personal use.
As of Jan. 1, the state will oversee the cultivation, testing and distribution of nonmedical marijuana and the manufacturing of nonmedical marijuana products.
Cities can regulate cannabis within their borders but they must act and have all controls in place before Jan. 1. Cities can’t ban adults from growing the maximum number of marijuana plants, but they can set certain regulations.
The proposal that went before the council calls for establishing a regulatory permit that would be similar to a building permit, for personal cultivation. Such a system, which resulted from the experiences of Colorado cities, where marijuana became legal in 2014, “demonstrate that a permit system ensures that residential premises remain residential and prevents houses from becoming commercial cannabis cultivation operations,” the staff report reads.
The city is also calling for cultivation to take place indoors so that a resident can grow the plant inside a residence, a greenhouse or a shed. The purpose of such a rule is to prevent the theft, robbery or other crimes associated with growing the plants outdoors, Jared told council members.
During the meeting, Catalina Gonzalez, a prevention coordinator with Day One, a nonprofit that works on culturally sensitive public health education, intervention and policy development, said the group supported the city staff recommendations.
“The recommendations are a wise prevention policy,” she said.
Various groups have advocated in support of policies that will prevent youth from accessing marijuana in order to prevent negative health effects.
Another speaker representing cannabis businesses said he and others were available to provide information on the proper operation of legitimate cannabis businesses.
Pomona has banned all medical marijuana dispensaries since 2008.
Councilman Robert Torres suggested the city could establish a pilot project involving medical marijuana.
As he envisions it, the council could authorize the establishment of one such facility which would have to have clear connections to health care and health professionals including the participation of physicians with an expertise in pain management and other specialties.
“I don’t want people to think I want a dispensary at every corner,” he said, and added that he sees an opportunity for what can be a valid medical use.
Councilwoman Ginna Escobar said the council should remain open to the cultivation of cannabis to some extent.
An all-out ban “will prevent legal jobs and legal businesses” from being established in the city which would represent the loss of a potential source of revenue for the city, she said.
Jared said Friday the medical marijuana topic is expected to be taken up in January.
In November, a discussion item is expected to be presented to City Council members leading to establishing a fee for permits to cultivate marijuana for personal use.
The fee, he said, can only be set at a level through which the city can recover costs associated with the permitting process and an actual fee proposal would be presented to the City Council in December, Jared said.
credit:420intel.com
