Home Brentwood Update: Brentwood City Council Votes to Increase Prohibition of Marijuana

Update: Brentwood City Council Votes to Increase Prohibition of Marijuana

by ECT

On Tuesday, January 12, the Brentwood City Council voted unanimously to further increase its prohibition on the use of marijuana within city limits.

The vote came after four speakers from the public opposed the two ordinances.

Councilman Erick Stonebarger spoke about how the issue was a federal violation and that this would be solved at the federal and state law.

“I don’t disagree that there is a challenge, but I don’t think we are going to solve it at the local level without the support of the state or federal government,” said Stonebarger. “I can appreciate the arguments for marijuana in general, but when you talk about some of the family events or family feel you are trying to promote. I’ll use a component of the cultivation part where there is a farm on Edan Plains in the county that gets protected by AK-47’s and I don’t think that is very family friendly. I support the two ordinances we are being asked to support tonight.”

The council then voted 5-0 to support the two ordinances.


 

Original Article & Background Information

The ordinances changes that were being proposed are in response to Governor Jerry Brown signing AB 243, AB 266 and SB 643 pertaining to Medical Marijuana which provide a permitting process to grow marijuana.

AB 243, takes away local control over licensing for media marijuana cultivation within a city unless a city has its own land use regulation ordinance by January 29, 2016—the ordinance must be in place by March 1, 2016. If Brentwood fails to act, the State will become the sole licensing authority for medical marijuana cultivation applications within the Brentwood city limits.

If Brentwood did not act, under state law, the State may approve an applicant whom could begin to grow medical marijuana which is 6-mature plants or 12-immature plants.

Brentwood is proposing a further prohibition on the use of marijuana.

Per the Staff Report:

Currently, medical marijuana dispensaries are defined in Section 9.50.020 of the Brentwood Municipal Code (“BMC”) as “any facility or location, whether fixed or mobile, where medical marijuana is provided, sold, made available, or otherwise distributed to one or more of the following: a primary caregiver, a qualified patient or a person with an identification card.” BMC Section 9.50.030 prohibits medical marijuana dispensaries and provides that “The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensary.”

The proposed ordinances expand this prohibition to apply to other uses of marijuana, including establishment and operation of medical marijuana dispensaries, marijuana cultivation, commercial cannabis activities, and delivery or transport of marijuana. It should be noted, however, that the ordinances also include some state-mandated exceptions to the prohibited activities. Specifically, the prohibition on Medical Marijuana Dispensaries does not apply to any of the following:

  1.  A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
  2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;
  3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;
  4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;
  5. A residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

The above exceptions will apply as long as (1) the location of such uses are otherwise regulated by this Code or applicable law and (2) any use of marijuana complies strictly with applicable law including, but not limited to, Health and Safety Code § 11362.5 et seq.

In addition, the proposed ordinances do not prohibit deliveries or transport of medical marijuana to a qualified patient or person with an identification card, as allowable under the California Health and Safety Code section 11362.7, if the person delivering the marijuana is the primary caregiver within the meaning of Health and Safety Code sections 11362.5 and 11362.7(d).

The language of the two proposed ordinances is virtually identical. The difference between them lies in the enforcement. The Zoning Ordinance regulates the use of land and is generally enforced by the City’s code enforcement staff against private property owners who violate the ordinance or allow their tenants to violate the ordinance. By contrast, the Title 9 Ordinance regulates personal behavior, and it will be enforced by the Brentwood Police Department against anyone who violates the ordinance, whether on public or private property.

The City Council took up the action after the Brentwood Planning Commission took up the item at their December 15, 2015 meeting. At that meeting, Brentwood Police Detective Matthew Head presented the need for local control of marijuana facilities, the excessive “grow areas” allowable under State Law, recent law enforcement activity pertaining to grow houses, fire hazards associated with grow houses, and odor complaints and other nuisances and health hazards associated with commercial marijuana activities.

The Police Department explained to the Planning Commission that it has also seen increased property crimes, assaults, and home invasions associated with grow houses. The Commission unanimously recommended that the Council adopt the Zoning Ordinance.

Since 2006, the City of Brentwood has prohibited medical marijuana dispensaries.

Locally, in November, the Antioch City Council unanimously adopted a motion to direct staff to develop a city Ordinance that would ban medical marijuana cultivation. The City of Oakley is set to take up the issue for the fourth time after it initially tried to put an ordinance in place in July of 2015.

For the 117 page Staff Report, click here.

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1 comment

God Made Cannabis Jan 20, 2016 - 5:56 pm

The War on Gardening.

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