Title
Staff Report to Waive First Reading and Introduce an Ordinance of the City of San Leandro City Council adding Chapter 4-38 “Permitted Commercial Cannabis Activity” to the City of San Leandro Municipal Code
Staffreport
RECOMMENDATIONS
Staff recommends that the City Council waive the first reading and introduce the Ordinance adding Chapter 4-38 “Permitted Commercial Cannabis Activity” to the San Leandro Municipal Code
BACKGROUND AND SUMMARY
The intent and purpose of this ordinance is to codify declared and existing City Council policy regarding certain commercial cannabis activity (as defined below) in accordance with State law to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to the Medicinal and Adult-Use Cannabis Regulatory and Safety Act (MAUCRSA).
Applicability and Prohibitions:
The ordinance codifies the particular commercial cannabis activities that are permitted within the City, namely the retail dispensing of cannabis for medicinal use, the testing of cannabis and cannabis products for either adult or medicinal use, the delivery of cannabis and cannabis products for medicinal use within the City, and the manufacture of cannabis products for either adult or medicinal use. The City Council has made no affirmative policy, and by this ordinance prohibits, the distribution, dispensing, and delivery of cannabis and cannabis products for Adult Use. This ordinance also explicitly prohibits the commercial cultivation of cannabis for either adult or medicinal use; it preserves the right of patients and primary caregivers to cultivate medicinal cannabis for personal use. This ordinance is an affirmative statement to comply with State law, and ensures that local City regulations are not preempted by State law. Finally, this ordinance makes clear that dispensaries permitted by the City shall dispense, distribute, and manufacture cannabis and cannabis products for medicinal purposes only.
Enforcement:
Upon passage, this ordinance will be forwarded to the State. MAUCRSA requires a high-level of coordination between the State and the City. The City must provide to the State a copy of its ordinances related to commercial cannabis activity and the name and contact information for the person who will serve as the contact for the State’s licensing authorities regarding commercial cannabis activity. The City has done that for the current ordinances, and named Andrew Mogensen, Planning Manager, in the City’s Community Development Department as the City’s contact person.
Prior to issuing a state license, the State will contact the City’s contact that an application has been received for a commercial cannabis business within the City. With the passage of this ordinance, and the other ordinances passed by the City, the City will inform the State that medicinal cannabis dispensing/distribution, delivery services from medical cannabis dispensaries, manufacturing in medical cannabis dispensaries, manufacturing for medical and adult use of cannabis, and laboratory testing are permitted, but distribution and dispensing for adult-use, and cultivation for any purpose other than personal, are not permitted.
By: Richard D. Pio Roda, City Attorney