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File Number: 16-035 <br />The Legislature recently passed, and the Governor signed, new legislation - the “Medical <br />Marijuana Regulation and Safety Act” (MMRSA) - that requires certain state agencies to <br />promulgate regulations relating to medical cannabis cultivation. Under the new legislation an <br />individual or entity wishing to cultivate medical cannabis must receive a license from the <br />California Department of Food and Agriculture (“DFA”), which may only provide a license to an <br />individual or entity that has also received a permit, license or entitlement from the city in which <br />the cultivation is to occur. The new legislation further provides that if a city does not have land <br />use regulations or ordinances regulating or prohibiting the cultivation of medical cannabis, <br />then commencing on March 1, 2016, the DFA will be the sole licensing authority for medical <br />cannabis cultivation applications in that city. Conversely, a city with a prohibition or <br />regulations regarding the cultivation of medical cannabis in effect before March 1, 2016 <br />retains the authority to later modify that prohibition or those regulations. <br />The adoption of this Urgency Ordinance is designed to satisfy the State-imposed March 1, <br />2016 deadline by establishing an ordinance prohibiting commercial-scale medical cannabis <br />cultivation activities in the City. In addition, the Ordinance affirms that under the principles of <br />permissive zoning, medical cannabis cultivation land uses are not permitted uses in any City <br />zoning district, such that the State may not issue a license for medical cannabis cultivation in <br />the City. The proposed Ordinance has an exemption for personal cultivation, which is <br />provided in California Health & Safety Code section 11362.77(g), which allows cultivation by <br />patients for personal use, or in the case of primary caregivers, limited to five patients. <br />In addition to the urgency created by the March 1, 2016 deadline to have land use regulations <br />or a prohibition in place, because the cultivation of medical cannabis in San Leandro and <br />other cities has resulted in calls for service to the police department, including calls for <br />robberies and thefts, medical cannabis cultivation poses safety risks to City residents, <br />including but not limited to, risks of violent confrontation in connection with attempts to steal <br />cannabis and the risk of fire from improperly wired electric facilities and appliances within <br />structures growing cannabis. These risks, and the potential for increased calls for service to <br />address crime and fire suppression present an immediate threat to the public health, safety <br />and welfare of the community if medical cannabis is cultivated in the City without proper <br />City-specific regulations, resulting in harmful effects to businesses, property owners and <br />residents of the City. Therefore, an urgency ordinance, which is permitted under California <br />Government Code section 36937, is appropriate in this instance. An urgency ordinance must <br />be passed by a 4/5 vote of the City Council (6 affirmative votes). If passed, it goes into effect <br />immediately. <br />In the meantime, staff is preparing Zoning Code amendments through the normal process to <br />establish specific land use definitions and regulations relating to the prohibition. The Planning <br />Commission will hear the proposed Zoning Code changes, make a recommendation to the <br />City Council, and then they will come to the City Council for review and approval. If those <br />zoning changes are approved by the City Council, the amendments promulgated by the <br />urgency ordinance will be rescinded. The City Council retains the power to amend its <br />regulations to allow and tax large scale and commercial cultivation should it so desire. <br />Article XI, Section 7 of the California Constitution provides that a city may make and enforce <br />within its limits all local police, sanitary and other ordinances and regulations not in conflict <br />with general laws. Consistent with this authority, staff recommends that the San Leandro City <br />Council should amend the Municipal Code to prohibit medical cannabis cultivation activities, <br />Page 2 City of San Leandro Printed on 1/26/2016