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O-028-16 Urgency Ordinance to regulate the personal, medical, and commercial use of Marijuana
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O-028-16 Urgency Ordinance to regulate the personal, medical, and commercial use of Marijuana
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11/11/2020 4:30:43 PM
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11/11/2020 4:29:01 PM
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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 />WHEREAS, the AUMA would make it lawful for those individuals to smoke or <br />ingest marijuana or marijuana products; and <br />WHEREAS, should the AUMA pass, many of its provisions would take effect on <br />November 9, 2016; and <br />WHEREAS, to regulate commercial use of marijuana, the AUMA would add <br />Division 10 (Marijuana) to the Business & Professions Code, which grants state agencies "the <br />exclusive authority to create, issue, renew, discipline, suspend, or revoke" licenses for <br />businesses including the transportation, storage, distribution, sale, cultivation, manufacturing, <br />and testing of marijuana; and <br />WHEREAS, the AUMA provides that the above state agencies shall promulgate rules <br />and 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 <br />of marijuana or marijuana products on public roads by a licensee transporting marijuana or <br />marijuana products in compliance with Division 10; and <br />WHEREAS, the AUMA would authorize cities to "reasonably regulate" without <br />completely prohibiting cultivation of marijuana inside a private residence or inside an <br />"accessory structure to a private residence located upon the grounds of a private residence that <br />is fully enclosed and secure"; and <br />WHEREAS, the AUMA would authorize cities to completely prohibit outdoor <br />cultivation on the grounds of a private residence, up to and until a "determination by the <br />California Attorney General that nonmedical use of marijuana is lawful in the State of <br />California under federal law"; and <br />WHEREAS, the AUMA would authorize cities to completely prohibit the <br />establishment or operation of any marijuana business licensed under Division 10 within its <br />jurisdiction, including marijuana dispensaries, marijuana retailers, and marijuana delivery <br />services; and <br />2 <br />
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