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CPC-2017-2260-CACommercial Cannabis Location Restriction OrdinanceCitywide Proposed Code Amendment
City Planning CommissionSeptember 14, 2017
BACKGROUND• State law:
– 2015: Medical Cannabis Regulation & Safety Act (MCRSA)
– 2016: Adult Use of Marijuana Act (Prop 64 / AUMA)
– 2017: SB 94 – Medical and Adult Use Cannabis Regulation & Safety Act (MAUCRSA)
• City regulations:– 2013: Prop D – limited immunity for existing,
compliant dispensaries– 2017: Prop M – City Council must repeal Prop D
and adopt new regulations by 2018
LADOT
CANNABIS COMMISSION
Department of Cannabis Regulation and Cannabis Commission
Adopted by City Council
BUSINESS REGULATIONS
Application process and requirements
Cannabis Commission authority
Social equity program
Operating standards
LOCATION RESTRICTIONS
Eligible zones
Distancing requirements
RELATIONSHIP TO OTHER LEGISLATION
PROPOSED BUSINESS REGULATIONS• Application requirements & procedures• Appeals• Priority processing• Operations requirements
– General– Retail– Delivery– Manufacturing– Testing– Distribution– Transport
• Inspections• Enforcement• Renewals• Cancellation of license/authorization
HIGHLIGHTS OF BUSINESS REGULATIONSGeneral• Surveillance & security• Ventilation/air filtration• No on-site consumption/no alcohol sales• No special events or parties
Retail• Age 21 or over• Hours of 6 am to 9 pm• No goods visible from outside• No sales through exterior openings
Disposal/Destruction of Product Waste
PUBLIC INPUT & PARTICIPATION
• Discussion draft released June 8, 2017• Staff hearing June 29, 2017
– Approx. 200 attendees– 61 speakers
• 40 written comments
WHAT IS COMMERCIAL CANNABIS ACTIVITY?
• Business activity involving:– Cannabis plant or
cannabis-derived products– Medical & nonmedical
• Does not include personal possession or cultivation
PROPOSED ORDINANCE
LICENSING
• Cannabis businesses can operate in LA if:– Licensed by the State
– Authorized by the Cannabis Commission
– Compliant with the City’s regulations
• Regulations not in Zoning Code
WHICH ACTIVITIES?
• Location restrictions by State license type:– Retail – Cultivation – indoor – Cultivation – mixed-light (accessory use only)– Manufacturing – Level 1– Manufacturing – Level 2– Testing– Distribution– Microbusiness (retail w/ manufacturing,
distribution, limited cultivation)
WHICH ACTIVITIES?
• Transport – not tied to location
• Not eligible:– Cultivation – outdoor
ELIGIBLE ZONES
Retail Microbusiness Indoor Cultivation & Level 1 Manufacturing
C1C1.5C2C4C5CMM1M2 M3
M1M2 M3
MR1M1
MR2M2 M3
ELIGIBLE ZONES
Mixed Light Cultivation
Level 2 Manufacturing Distribution Testing
A1A2
Accessory use only.
MR2M2 M3
MR1M1
MR2M2 M3
CMMR1M1
MR2M2 M3
DISTANCING REQUIREMENTS
• Apply only to retail & microbusiness w/ on-site sales
• 800 feet from: – K-12 schools– Public parks– Public libraries– Alcoholism/drug rehab
or treatment facilities– On-site cannabis sales
DISTANCING REQUIREMENTS
• Do not apply to:– Retail and microbusiness activity w/ no on-site sales
(i.e., delivery-only)– Cultivation– Manufacturing– Distribution– Testing
CANNABIS VS ALCOHOL
• Cannabis & alcohol are both products, not land uses
• Both are tied to underlying land uses– For cannabis: retail, manufacturing, cultivation,
testing, distribution, etc.– For alcohol: retail, restaurant, bar, nightclub, etc.
• The underlying land uses are generally allowed by the Zoning Code (except bar)
CANNABIS VS ALCOHOL
Local permit & State license• Alcohol
– Sale or dispensing of alcohol requires CUP & California ABC license
• Cannabis– All commercial cannabis requires State
license– Proposing certain license types require
authorization by City’s Department of Commission Regulation; others prohibited
CANNABIS VS ALCOHOL
Federal Law
• Alcohol – Prohibition 1920-1933
• Cannabis - Marijuana classified by US DEA as a Schedule I drug – illegal to possess, use, buy, sell, or cultivate marijuana
THANK YOU