SAN DIEGO–Proposition 64, the Adult Use of Marijuana Act, will legalize the use, sale, and cultivation of recreational marijuana in the State of California. Proposition 64 provides regulatory framework for regulating recreational marijuana related businesses at the State level and also creates the rules and regulations relating to the issuing of licenses by January 1, 2018 or sooner.
In addition, some provisions will take effect immediately on November 9 and will immediately legalize possession, transport, use, and transfer of recreational marijuana for individuals 21 years of age or older. It would also immediately allow personal indoor and outdoor cultivation of up to six living marijuana plants in a private residence.
Proposition 64 provides municipalities with the authority to regulate marijuana related activities, including zoning and permitting requirements for businesses within specified localities.
Council District 2 and Council District 6 are currently the most impacted districts by medical marijuana businesses. The City of San Diego does not currently have land-use zoning or public safety regulations governing recreational marijuana. It is imperative that the City Council immediately begin discussions to craft a sensible and comprehensive local policy prior to the issuance of State licenses.
“Without a comprehensive local land-use and public safety policy in place in the event Proposition 64 passes and by the time the State of California begins issuing licenses for recreational marijuana businesses, the City runs the risk of being in a situation where recreational marijuana related businesses and personal outdoor cultivation are occurring in locations and in a manner that are not conducive to maintaining proper public safety and neighborhood quality of life,” stated Councilmember Chris Cate.
“Protecting our children and keeping our communities safe is my top priority. Allowing a 45 day moratorium will give the City of San Diego time to evaluate the implications of Prop. 64 and the impacts in our communities. I am committed to have this issue heard at Smart Growth and Land Use Committee as soon as possible,” said Councilmember Lorie Zapf.
In order to maintain consistency and provide clarity for San Diego residents, it is critical the City Council adopt a temporary moratorium on personal outdoor recreational marijuana cultivation and the establishment of recreational marijuana dispensaries, commercial cultivation, and manufacturing businesses should Proposition 64 pass on November 8th.
If passed by the City Council, the moratorium would be in effect for 45 days to allow time to develop and adopt a comprehensive local policy regulating this new industry. The moratorium could be extended if necessary.