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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />Ordinance No. 0-11-17 <br />WHEREAS, to regulate commercial use of marijuana, the AUMA adds Division 10 <br />(Marijuana) to the Business & Professions Code, which grants state agencies "the exclusive <br />authority to create, issue, renew, discipline, suspend, or revoke" licenses for businesses including <br />the transportation, storage, distribution, sale, cultivation, manufacturing, and testing of marijuana; <br />and <br />WHEREAS, the AUMA provides that the above state agencies shall promulgate rules and <br />regulations and shall begin issuing licenses under Division 10 by January 1, 2018; and <br />WHEREAS, the AUMA states that a local jurisdiction shall not prevent transportation of marijuana <br />or marijuana products on public roads by a licensee transporting marijuana or marijuana products <br />in compliance with Division 10; and <br />WHEREAS, the AUMA authorizes cities to "reasonably regulate" without completely <br />prohibiting cultivation of marijuana inside a private residence or inside an "accessory structure to <br />a private residence located upon the grounds of a private residence that is fully enclosed and <br />secure"; and <br />WHEREAS, the AUMA authorizes cities to completely prohibit outdoor cultivation on the <br />grounds of a private residence, up to and until a "determination by the California Attorney General <br />that nonmedical use of marijuana is lawful in the State of California under federal law"; and <br />WHEREAS, the AUMA authorizes cities to completely prohibit the establishment or <br />operation of any marijuana business licensed under Division 10 within its jurisdiction, including <br />marijuana dispensaries, marijuana retailers, and marijuana delivery services; and <br />WHEREAS, absent appropriate local regulation authorized by the AVMA, state <br />regulations will control; and <br />WHEREAS, the "Medical Marijuana Regulation and Safety Act" ("MMRSA"), which <br />took effect January 1, 2016, regulates use of marijuana for medical purposes; and <br />WHEREAS, the MMRSA contains a provision which provides that the State shall become <br />the sole authority for regulation under certain parts of the Act unless local governments pass their <br />own regulations; and <br />WHEREAS, in May 2013, the California Supreme Court held in City of Riverside v. Inland <br />Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013) that cities have the <br />authority to regulate or ban outright medical marijuana land uses; and <br />WHEREAS, on June 27, 2017, Governor Brown signed into law Senate Bill 94, which <br />repealed the MCRSA, included certain provisions of the MCRSA in the licensing provisions of the <br />AVMA, and created a single regulatory scheme for both medical and non-medical cannabis known <br />as the Medicinal and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA"). The <br />MAUCRSA retains the provisions in the MCRSA and the AUMA that granted local jurisdictions <br />control over whether non-commercial and commercial cannabis activities could occur in a <br />particular jurisdiction. Specifically, California Business and Professions Code section 26200 <br />provides that MAUCRSA shall not be interpreted to supersede or limit the authority of a local <br />jurisdiction to adopt and enforce local ordinances that completely prohibit the establishment or <br />-2- <br />