DATE: December 15, 2015
TO: Board of Supervisors
SUBMITTED BY: Daniel C. Cederborg, County Counsel
SUBJECT: New California Laws Regulating Cultivation of Medical Marijuana and Dispensaries (AB 266, SB 643, AB 243); Possible Amendments to County of Fresno Medical Marijuana Ordinances
RECOMMENDED ACTION(S):
TITLE
Receive Report from County Counsel on Recently Enacted State Statutes Regarding Regulation of Medical Marijuana Cultivation and Dispensaries (AB 266, SB 643, AB 243) and on County of Fresno Medical Marijuana Ordinances; Provide Direction Regarding Possible Amendments to Ordinances.
REPORT
ALTERNATIVE ACTION(S):
There are no alternative actions.
FISCAL IMPACT:
There is no increase in net County cost associated with the recommended action as this is a report to your Board. However, should there be future fiscal impacts resulting from ordinance amendments, those impacts will be included within those respective agenda items.
DISCUSSION:
The Governor recently signed into law three bills (AB 266, SB 643 and AB 243) which together provide for statewide regulation of the commercial cultivation of medical marijuana and the operation of dispensaries for medical marijuana. The legislation, which will take effect January 1, 2016, expressly reserves to cities and counties their authority to regulate or ban marijuana cultivation or dispensaries through land use or health and safety ordinances (new Business and Professions Code ?? 19315, 19316; Health and Safety Code ? 11362(g)).
The new state laws, contained primarily in various sections of the Business and Professions Code and Health and Safety Code require state licensure for medical marijuana cultivators and dispensaries. Small growers for individual or limited caretaker use are not covered by the legislation. For both the cultivators and dispensaries, no state license can be issued unless the local city or county jurisdiction also issues a license or approval. Various types o...
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