(A) In 1996, with the adoption of Proposition 215, the California voters approved the Compassionate Use Act (Cal. Health and Safety Code § 11362.5) to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician, without fear of criminal prosecution under limited, specified circumstances.
(B) In 2004, the State Legislature enacted SB 420 to clarify the scope of the Compassionate Use Act and provide additional statutory guidance regarding medical marijuana use. These statutes are codified at Cal. Health and Safety Code §§ 11362.7 et seq., and allow cities and counties to adopt supplemental rules and regulations.
(C) On October 9, 2015, almost 20 years after passage of the Compassionate Use Act, the Governorn signed the Medical Marijuana Regulation and Safety Act (“Act”), comprised of California legislative bills AB 243, AB 266, and SB 643. The Act creates a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis, all subject to local control. One of the purposes of the Act is to ensure uniformity among jurisdictions that wished to allow commercial marijuana operations.
(D) Pending before the votes on November 8, 2016, is the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA”). The purpose of AUMA is to establish a comprehensive system to legalize, control and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products. Adults, age 21 and older, will be allowed to possess marijuana and grow certain amounts at home for personal use.
(E) On February 9, 2016, the City Council and Planning Commission adopted Resolution Nos. 2016-11 and 2016-01, respectively, “Reaffirming, and Confirming that the City Zoning Regulations in Title IV, Chapter 154 of the San Joaquin Municipal Code Constitute a Permissive Zoning Code such that Marijuana Cultivation Uses and Uses that are not Specifically Enumerated in the Zoning Regulations on the Municipal Code are Prohibited.”
(F) Under MMRSA, and AUMA if it passes, the City retains its police powers and land use authority to regulate or ban marijuana activities, including commercial marijuana operations, cultivation, distribution and consumption for the health, safety, and welfare of the citizens of San Joaquin.
(Ord. 2016-105, passed 12-6-2016)