On Tuesday night, the Brentwood City Council unanimously voted to approve a further increase of its prohibition on the use of marijuana within city limits.
While the current ordinance prohibits medical marijuana dispensaries and the growth of marijuana, under the Ordinance approved Tuesday, it now bans medical marijuana delivery unless the deliveries or transport of medical marijuana is by a patients primary caregiver as defined by state law.
None of the City Council members spoke on the agenda item after public comments were issued in support of marijuana by activists.
Editors Note: Mayor Bob Taylor had public comments on this agenda item occur during “Public Comments” versus on the Agenda Item since it was in the Consent Calendar.
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:
- A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
- A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;
- 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;
- A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;
- 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.
I like to smoke out and then waddle my flabby ass to Golden Corral. That’s where I come up with my great posts. Don’t judge.
I’m in favor of prohibition of marijuana (and all drugs) everywhere. Everything in society is so drug related, especially crime.
Consciousness is mediated by drugs. What you refer to as reality is boiled down to variations in brain chemicals. The only reason why certain drugs even work in the human brain is because the brain is made up of drugs already. You call them neurotransmitters. Plants like cannabis have coevolved with mankind; that’s why they are able to work at all.
You don’t curb crime by eradicating narcotics; you curb crime by educating yourselves and figuring out ways to incorporate these drugs into society. So far for the last 40 years you’ve taken the Nixon-Reagan eradication approach and have only the horrors of the drug war to show for it. With each new age human beings have to admit something about the species in order to evolve. In order to move forward you must take into account that you are consciousness altering animals, just like many other creatures.
Thing is, people are going to do it anyway. Legalities and illegalities aside, people do what they want to do. New laws like this only worsen the consequences for doing so, if you get caught that is. In other words, lawmakers aren’t doing much to stop cultivation, they are only finding new ways to fine people more $ and create new prison sentences if one is caught.
Don’t forget that keeping it illegal will crowd jails more. Our Governor is letting these people out of jail because the crime is not serious. This is just a viscous circle of waste of public resources that could be used elsewhere. Our government is out of control and the people are getting that way because of it.
Have a nice day.
I’m so high right now…those fried shrimp don’t stand a chance. I’m going to consciously alter them into a huge steamer
Prohibiting a plant…. A PLANT for goodness sakes. But oh, make sure you visit and support all your local wineries! What a hypocritical joke. Oh I forgot, it’s not cannabis (one of oldest known words in mankind) it’s “marijuana” because only Mexicans and negros smoke it. 2016? nope just history repeating itself….
P.S. Did you know Rio Vista used to grow hemp???
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