HomeMy WebLinkAbout2017-04-25; City Council; ; Introduction of an ordinance adding Chapter 8.90 {Marijuana) to Title 8 of the Carlsbad Municipal Code and amending Section 1.08.010 of Chapter 1.08 {Penalty) to make violations of Chapter 8.90 misdemeanorsCA Review -t-/5
CITY COUNCIL
Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
April 25, 2017
Mayor and City Council
Kevin Crawford, City Manager
Heather Stroud, Deputy City Attorney
heather.stroud@carlsbadca.gov or 760-434-2891
Mickey Williams, Police Captain
mickey.williams@carlsbadca.gov or 760-931-2260
Introduction of an ordinance adding Chapter 8.90 {Marijuana) to Title 8 of
the Carlsbad Municipal Code to prohibit commercial marijuana activity
and regulate the cultivation of marijuana for personal use, and amending
Section 1.08.010 of Chapter 1.08 {Penalty) to make violations of Chapter
8.90 misdemeanors
Recommended Action
Introduce an ordinance adding Chapter 8.90 {Marijuana) to Title 8 of the Carlsbad Municipal
Code to prohibit commercial marijuana activity and regulate the cultivation of marijuana for
personal use, and amending Section 1.08.010 of Chapter 1.08 {Penalty) to make violations of
Chapter 8.90 misdemeanors.
Executive Summary
The Carlsbad Municipal Code currently prohibits all commercial marijuana activity through
permissive zoning, by which all uses not expressly allowed are prohibited. The purpose of this
ordinance is to preserve the status quo by expressly prohibiting commercial marijuana activity.
An express prohibition is advisable to preserve the status quo because of two recent state laws:
the Medical Marijuana Regulation and Safety Act, effective January 1, 2016, and the Adult Use
of Marijuana Act, also known as Proposition 64, effective November 9, 2016. Together, these
state laws create a state licensing and regulatory scheme for medical and non-medical
marijuana. The state laws preserve local authority to prohibit commercial marijuana activity. An
express prohibition is desirable to preserve local control and prevent the issuance of state
licenses for marijuana businesses to operate in Carlsbad. The state intends to begin issuing
licenses under these laws by January 1, 2018.
The proposed ordinance also regulates the cultivation of marijuana for personal use, consistent
with Proposition 64. The ordinance bans outdoor cultivation and requires that indoor
cultivation of up to six plants at a private residence be completely enclosed, secured, and
screened from view from public places and neighboring properties.
Item #5 April 25, 2017 Page 1 of 42
Discussion
State and Federal Law
On November 8, 2016, California voters approved Proposition 64, which took effect on
November 9, 2016. Carlsbad voters were 57 percent in favor of Proposition 64 and 43 percent
opposed, which is similar to the San Diego County and statewide figures. For adults over the
age of 21, Proposition 64 allows personal use of marijuana, possession of up to 28.5 grams of
marijuana (or 4 grams in concentrated form), and cultivation of up to six plants on residential
property for personal use. It preserves cities' ability to ban outdoor cultivation and to
"reasonably regulate," but not ban, indoor cultivation for personal use at private residences.
Proposition 64 prohibits smoking or ingesting marijuana in any public place and while driving or
riding in a motor vehicle. It also prohibits smoking marijuana where smoking tobacco is
prohibited and within 1,000 feet of a school, day care center, or youth center when children are
present.
Proposition 64 sets up a state licensing and regulatory scheme for commercial marijuana
activities including retail sales, cultivation, delivery, distribution, manufacturing, and testing.
Proposition 64 preserves the ability of cities to prohibit or regulate these commercial activities
within their jurisdictions. Proof of local approval is not required by the state prior to issuing
licenses. Thus, enacting an express ban is advisable instead of reliance on permissive zoning to
prevent the state from issuing licenses to marijuana businesses to operate in Carlsbad.
On October 9, 2015, Governor Jerry Brown signed three bills (AB 243, AB 266, and SB 643)
collectively known as the Medical Marijuana Regulation and Safety Act, which became effective
on January 1, 2016. Like Proposition 64, this law requires state licenses for the cultivation and
delivery of medical marijuana, but preserves local authority to prohibit these activities. Any
local prohibition of delivery of medical marijuana must be explicit in order to preclude the state
from issuing licenses to deliver within a city's jurisdiction.
The federal Controlled Substances Act, 21 U.S.C. section 801 to 889, makes it unlawful to
manufacture, distribute, dispense, or possess marijuana. Under a 2014 memorandum from the
U.S. Department of Justice, federal enforcement priorities focused on more serious marijuana-
related crimes such as distribution to minors, preventing revenue from going to large-scale
criminal enterprises, preventing diversion of marijuana from states where it is legal to other
states, and preventing violence and the use of firearms in cultivation and distribution of
marijuana. It is unclear what enforcement position the current administration will take on this
issue.
The City's Current Prohibition on Commercial Marijuana Activities
The city currently prohibits all commercial marijuana activity under the city's zoning ordinance
as a non-permitted use and a non-permitted business under its licensing ordinance. The city
enacted Title 21 of the Carlsbad Municipal Code as a permissive zoning code by ordinance, as
set forth in Carlsbad Municipal Code section 21.05.080. A permissive zoning code permits only
those land uses expressly contained in a list of uses authorized in a zoning classification, and
thereby prohibits all uses not listed. City of Corona v. Nau/ls, 166 Cal. App. 4th 418 (2008). The
city's zoning code does not expressly list marijuana-related uses or marijuana businesses among
Item #5 April 25, 2017 Page 2 of 42
the permitted uses, and therefore, such uses always have been and continue to be prohibited
in the city.
The city has uniformly and consistently interpreted Title 21 of the Carlsbad Municipal Code as a
permissive zoning code and has relied upon its permissive zoning code to prohibit marijuana
related uses, medical marijuana related land uses and medical marijuana businesses. For
example, City Council Resolution number 2010-194 stated that "[t]he City of Carlsbad views
medical marijuana collectives and cooperatives as an enterprise that is prohibited under the
City's zoning ordinance as a non-permitted use and non-permitted business under its licensing
ordinance." The city's licensing ordinance, Carlsbad Municipal Code section 5.04.160, prohibits
"any business, operation or use that cannot be conducted or carried out without being in
violation of state or federal law." The federal Controlled Substances Act, 21 U.S.C. section 801
to 889, makes it unlawful to manufacture, distribute, dispense, or possess marijuana.
Reasons to Continue Prohibition of Commercial Marijuana Activities in Carlsbad
Commercial marijuana activity has judicially recognized adverse secondary effects on the
community including, but not limited to, increases in crime in the vicinity of or as a result of the
commercial marijuana activity; increases of fraud in obtaining or using state-issued
identification cards and licenses; interference with residential property owners' enjoyment of
their properties when such properties are located in the vicinity of commercial marijuana
activity as a result of increases in crime, litter, noise, and vandalism; and the deterioration of
neighborhoods. E.g., County of Los Angeles v. Hill, 192 Cal. App. 4th 861, 871-72 (2011} (relying
on the county's evidence that most medical marijuana dispensaries are "cash only" businesses
that make them targets for a disproportionate amount of violent crime including robberies and
burglaries, and they attract loitering and marijuana smoking on or near the premises}.
Prohibition of commercial marijuana activity is necessary to prevent these adverse secondary
effects and the blighting or degradation of the neighborhoods in the vicinity of commercial
marijuana activity while at the same time protecting the rights of those individuals who desire
to use marijuana within his or her private residence as authorized under Proposition 64.
Marijuana-related activities have resulted in crimes committed in Carlsbad including the
following:
• The Police Department has shut down two medical marijuana dispensaries that were
operating illegally.
• In Spring 2016, the Police Department arrested a suspect caught supplying marijuana to
high-school-aged youths through a delivery service, and recovered $3,000 and 5.5
pounds of marijuana.
• In November 2016, the Police Department responded to an explosion caused by a
chemical marijuana extraction process at an apartment building that had caused a fire
and blown out all of the windows in the unit. The officers located butane honey oil
manufacturing products and 61 pounds of loose marijuana on site.
Item #5 April 25, 2017 Page 3 of 42
• In February 2017, a marijuana delivery driver was robbed at gunpoint while waiting in
the parking lot of Carl's Jr. in the Village. The delivery driver was waiting for the
customer to make the delivery when robbed.
Permitting commercial marijuana activities in Carlsbad would increase the availability of
marijuana and risk increasing these types of crimes and the demand on the Police Department
and other enforcement staff. Colorado, which legalized medical marijuana in 2009 and
"recreational" marijuana in 2013, has experienced secondary effects such as increases in
property and violent crimes, marijuana-related traffic deaths, youth marijuana use, and
marijuana-related emergency room admissions. See Rocky Mountain High Intensity Drug
Trafficking Area, The Legalization of Marijuana in Colorado: The Impact (vol. 4, Sept. 2016}.
The state does not have its regulatory and licensing program in place yet. Preserving the ban on
commercial marijuana activities in the meantime would allow time for the state to establish
and implement its programs under the Medical Marijuana Regulation and Safety Act and
Proposition 64, and to observe their operation in other jurisdictions before deciding whether to
eventually permit these activities in Carlsbad.
The Proposed Ordinance
Chapter 8.90, titled "Marijuana," would be added to Title 8 (Public Peace, Morals and Safety} of
the Carlsbad Municipal Code. The ordinance would expressly prohibit all commercial marijuana
activity in the city including cultivation, manufacture, distribution, processing, storing,
laboratory testing, labeling, transportation, distribution, delivery of marijuana requiring a state
license. The ordinance also would expressly prohibit outdoor cultivation for personal use, and
allow indoor cultivation at a private residence in accordance with Proposition 64 only in a code
compliant enclosed and secured structure where the marijuana is completely screened from
view from public places and neighboring properties. The ordinance would expressly prohibit
smoking or ingesting marijuana in any public place, consistent with Proposition 64.
Section 8.90.040 states that any violation of Chapter 8.90 is a public nuisance that may be
abated or enjoined. Additionally, Section 1.08.010 would be amended to add Chapter 8.90 to
the list of provisions subject to criminal prosecution as a misdemeanor. New Section 8.90.050
makes exceptions from misdemeanor prosecution for violations that are limited to infractions
by Proposition 64 and where the limited exemptions from criminal prosecution related to
qualified patients and primary caregivers apply.
Fiscal Analysis
The proposed ordinance would preserve the status quo and thereby has no fisca l impact.
Opting to regulate and tax commercial marijuana activities instead of banning them could
provide tax revenue to the city. Additionally, Proposition 64 sets up a state grant fund for law
enforcement, fire protection, or other local programs addressing public health and safety
associated with implementing this law. However, cities that ban commercial cultivation,
personal outdoor cult ivation at a private residence, or the retail sale of marijuana are ineligible
to receive these grant funds.
Item #5 April 25, 2017 Page 4 of 42
Next Steps
At the direction of City Council, adoption of the proposed ordinance will be scheduled at a
future City Council meeting. If adopted, staff will send the ordinance to the state agencies
responsible for issuing licenses for commercial marijuana activities. This would mitigate the risk
of erroneously issued state licenses for commercial marijuana activities to operate in Carlsbad.
Environmental Evaluation (CEQA)
The requested action is not a project within the definition of the California Code of Regulations,
Title 14, Chapter 3, section 15378(a) since the action has no potential for resulting in either a
direct change in the environment or a reasonably foreseeable indirect change in the
environment.
Public Notification
None required.
Exhibits
1. Ordinance adding Chapter 8.90 to Title 8 of the Carlsbad Municipal Code to prohibit
commercial marijuana activity and regulate the cultivation of marijuana for personal use,
and amending Section 1.08.010 of Chapter 1.08 (Penalty) to make violations of Chapter 8.90
misdemeanors.
2. Redline/strikeout version of the ordinance.
Item #5 April 25, 2017 Page 5 of 42
Exhibit 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADDING CHAPTER 8.90 (MARIJUANA) TO TITLE 8 OF THE
CARLSBAD MUNICIPAL CODE TO PROHIBIT COMMERCIAL MARIJUANA
ACTIVITY AND REGULATE THE CULTIVATION OF MARIJUANA FOR PERSONAL
USE, AND AMENDING SECTION 1.08.010 OF CHAPTER 1.08 (PENALTY) TO
MAKE VIOLATIONS OF CHAPTER 8.90 MISDEMEANORS
WHEREAS, the Carlsbad Municipal Code currently prohibits all commercial marijuana activity
through permissive zoning, by which all uses not expressly allowed are prohibited; and
WHEREAS, the federal Controlled Substances Act, 21 U.S.C. section 801 to 899, makes it
unlawful to manufacture, distribute, dispense, or possess marijuana; and
WHEREAS, on January 1, 2016, the California Medical Marijuana Regulation and Safety Act
became effective, requiring cities desiring to ban delivery of marijuana to do so expressly to avoid state-
issued licenses to deliver within a city's jurisdiction; and
WHEREAS, on November 9, 2016, the Adult Use of Marijuana Act, also known as Proposition
64, became effective, authorizing certain personal use and cultivation of marijuana at a private
residence and creating a state licensing and regulatory scheme for various commercial marijuana
activities; and
WHEREAS, Proposition 64 preserves cities' authority to prohibit commercial marijuana activity,
and to reasonably regulate indoor cultivation and ban outdoor cultivation for personal use within their
jurisdictions; and
WHEREAS, the state does not yet have its regulatory and licensing program in place but intends
to begin issuing licenses under these laws by January 1, 2018; and
WHEREAS, the purpose of this ordinance is to preserve the status quo by expressly prohibiting
commercial marijuana activity to avoid the issuance of state licenses for commercial marijuana
activities within Carlsbad's jurisdiction, and to ban outdoor cultivation and reasonably regulate indoor
cultivation at a private residence by requiring the structure be completely enclosed, secured, and
screened from view from public places and neighboring properties; and
WHEREAS, marijuana-related activities have resulted in crimes committed in Carlsbad including
illegally operating dispensaries, delivery and sale of marijuana to youths, an explosion at an apartment
Item #5 April 25, 2017 Page 6 of 42
building from a large-scale chemical marijuana extraction process, and the robbery of a marijuana
delivery driver at gunpoint; and
WHEREAS, permitting commercial marijuana activities in Carlsbad would increase the
availability of marijuana and risk increasing marijuana-related crimes and other undesirable secondary
effects such as marijuana-related traffic deaths, youth marijuana use, and marijuana-related
emergency room admissions; and
that:
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows
SECTION 1: The above recitations are true and correct.
SECTION 2: That Chapter 8.90 is added to the Carlsbad Municipal Code to read as follows:
Chapter 8.90 MARIJUANA
8.90.010 Purpose.
This chapter is declarative of existing law. The Carlsbad Municipal Code, Title 21 (Zoning}, only
allows land uses permitted by the code. No provision of the Carlsbad Municipal Code allows
any marijuana operation or land use of any kind within any zone. The purpose and intent of
this chapter is to clarify the intent of the Carlsbad Municipal Code to prevent the cultivation,
delivery, distribution, and sale of marijuana within Carlsbad city limits to the fullest extent of
the law. Commercial marijuana activity has judicially recognized adverse secondary effects on
the community including, but not limited to, increases in crime in the vicinity of or as a result
of the commercial marijuana activity; increases of fraud in obtaining or using state-issued
identification cards and licenses; interference with residential property owners' enjoyment of
their properties when such properties are located in the vicinity of commercial marijuana
activity as a result of increases in crime, litter, noise, and vandalism; and the deterioration of
neighborhoods. Prohibition of commercial marijuana activity is necessary to prevent these
adverse secondary effects and the blighting or degradation of the neighborhoods in the
vicinity of commercial marijuana activity while at the same time protecting the rights of those
individuals who desire to use marijuana within his or her private residence as authorized
under the Adult Use of Marijuana Act.
Further, it is the intent of this chapter to limit the demands on police and other city resources
and allow time for the state to establish and implement its regulatory and licensing programs
under the Medical Marijuana Regulation and Safety Act of 2015 and Adult Use of Marijuana
Act of 2016.
This chapter is not intended to conflict with federal or state law. It is the intention of the City
Council that this chapter be interpreted to be compatible with federal and state law. To the
Item #5 April 25, 2017 Page 7 of 42
extent that this chapter may be deemed to conflict with any provision of state law, the City
Council has determined that the subject of the conflict is a municipal affair.
8.90.020 Definitions.
For the purposes of this chapter, the following definitions apply:
"Commercial marijuana activity" means any cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, labeling, transportation, distribution, delivery, or sale
of marijuana requiring a license from the State under either Division 8, Chapter 3.5, or Division
10 of the California Business and Professions Code, whether or not carried on for profit and
including medical marijuana cooperatives and collectives.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of marijuana.
"Delivery" means the transfer of marijuana, including the use of any technology platform to
arrange for or facilitate the transfer of marijuana, by any business, cooperative, or collective,
whether or not carried on for profit, to or from any location within the City of Carlsbad.
"Marijuana" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin extracted from any
part of the plant; every compound, manufacture, salt, derivative, mixture, concentrate, or
preparation of the plant, its seeds, or resin; and edible or topical products containing any of
the above. "Marijuana" does not include industrial hemp, as defined in California Health and
Safety Code section 11018.5.
"Indoors" means a code compliant space within a building, greenhouse, or other structure
which is fully enclosed, with a complete roof enclosure supported by connecting walls
extending from the ground to the roof, and is secured against unauthorized entry, and
accessible only through one or more locking doors.
"Private residence" means a house, an apartment unit, a mobile home, or other similar
dwelling unit.
8.90.030 Prohibited Activities.
A. Commercial marijuana activity is prohibited within the City of Carlsbad. No person
shall engage in any commercial marijuana activity. No permit, license, or other authorization
shall be issued for any commercial marijuana activity. This prohibition does not apply to the
carriage of marijuana on public roads in the City of Carlsbad to the limited extent required by
Sections 19338(b), 19340(f}, 26080(b), and 26090(c) of the California Business and Professions
Code.
B. To the extent not already covered by subsection A, delivery of marijuana is prohibited.
No person shall conduct delivery or participate in the delivery of marijuana.
Item #5 April 25, 2017 Page 8 of 42
C. Cultivation of marijuana is prohibited, except indoors at a private residence as
authorized by Section 11362.2(a) of the California Health and Safety Code. Marijuana grown
indoors shall be completely screened from view from public places and neighboring
properties. Nothing in this chapter is intended to, nor shall it be construed to, preclude any
owner of real property from limiting or prohibiting marijuana cultivation by its tenants.
D. No person shall smoke or ingest marijuana in any public place.
8.90.040 Public Nuisance.
Any violation of this chapter is hereby declared a public nuisance and, as such, may be abated
or enjoined from further operation within the City of Carlsbad.
8.90.050 Violations.
A. Any person who violates this chapter shall be guilty of a misdemeanor except: where
Division 10, Chapter 6, Article 2 of California Health and Safety Code limits punishment to an
infraction; or where the limited exemptions from criminal prosecution under Sections
11362.71 or 11362.775 of the California Health and Safety Code, related to qualified patients
and designated primary caregivers, apply. Under subsection 1.08.0lO(C} of this code, each and
every day during which a violation occurs shall be a separate offense.
B. The city may impose administrative penalties under Chapter 1.10 of this code for
violations of this chapter.
8.90.060 Severability.
If any section, subsection, sentence, or clause of this chapter is held to be invalid or
unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this chapter.
SECTION 3: That Carlsbad Municipal Code section 1.08.010 is amended to read as follows:
1.08.010 Designated.
A. Whenever in Chapters 6.03, 8.16, 8.44, 8.48, 8.50, 8.90, 11.28 and 15.12, or as specified
in Sections 1.13.040, 1.20.330(c}, 1.20.330(d}, 5.10.130, 6.04.130, 8.17.200(A}(1},
8.17.200(A}(2}, 8.17.200(A)(3}, 8.17.200(A)(4} and 17.04.070 of this code any act is prohibited
or is made or declared to be unlawful or an offense, or the doing of any act is required or the
failure to do any act is declared to be unlawful or a misdemeanor, the violation of any such
provision is a misdemeanor and shall be punished by a fine not exceeding $1,000.00 or
imprisonment for a term not exceeding six months, or by both such fine and imprisonment
unless some other fine or penalty is stated in said chapter or section.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
Item #5 April 25, 2017 Page 9 of 42
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _
day of 2017, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ____ , 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL}
Item #5 April 25, 2017 Page 10 of 42
Exhibit 2
Redline/Strikeout Version of Ordinance
New language is underlined and deleted language is struck out
Chapter 8.90 MARIJUANA
8.90.010 Purpose.
This chapter is declarative of existing law. The Carlsbad Municipal Code, Title 21 (Zoning), only
allows land uses permitted by the code. No provision of the Carlsbad Municipal Code allows
any marijuana operation or land use of any kind within any zone. The purpose and intent of
this chapter is to clarify the intent of the Carlsbad Municipal Code to prevent the cultivation,
delivery, distribution, and sale of marijuana within Carlsbad city limits to the fullest extent of
the law. Commercial marijuana activity has judicially recognized adverse secondary effects on
the community including, but not limited to, increases in crime in the vicinity of or as a result
of the commercial marijuana activity; increases of fraud in obtaining or using state-issued
identification cards and licenses; interference with residential property owners' enjoyment of
their properties when such properties are located in the vicinity of commercial marijuana
activity as a result of increases in crime, litter, noise, and vandalism; and the deterioration of
neighborhoods. Prohibition of commercial marijuana activity is necessary to prevent these
adverse secondary effects and the blighting or degradation of the neighborhoods in the
vicinity of commercial marijuana activity while at the same time protecting the rights of those
individuals who desire to use marijuana within his or her private residence as authorized
under the Adult Use of Marijuana Act.
Further, it is the intent of this chapter to limit the demands on police and other city resources
and allow time for the state to establish and implement its regulatory and licensing programs
under the Medical Marijuana Regulation and Safety Act of 2015 and Adult Use of Marijuana
Act of 2016.
This chapter is not intended to conflict with federal or state law. It is the intention of the City
Council that this chapter be interpreted to be compatible with federal and state law. To the
extent that this chapter may be deemed to conflict with any provision of state law, the City
Council has determined that the subject of the conflict is a municipal affair.
8.90.020 Definitions.
For the purposes of this chapter, the following definitions apply:
"Commercial marijuana activity" means any cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, labeling, transportation, distribution, delivery, or sale
of marijuana requiring a license from the State under either Division 8, Chapter 3.5, or Division
10 of the California Business and Professions Code, whether or not carried on for profit and
including medical marijuana cooperatives and collectives.
Item #5 April 25, 2017 Page 11 of 42
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of marijuana.
"Delivery" means the transfer of marijuana, including the use of any technology platform to
arrange for or facilitate the transfer of marijuana, by any business, cooperative, or collective,
whether or not carried on for profit, to or from any location within the City of Carlsbad.
"Marijuana" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin extracted from any
part of the plant; every compound, manufacture, salt, derivative, mixture, concentrate, or
preparation of the plant, its seeds, or resin; and edible ortopical products containing any of
the above. "Marijuana" does not include industrial hemp, as defined in California Health and
Safety Code section 11018.5.
"Indoors" means a code compliant space within a building, greenhouse, or other structure
which is fully enclosed, with a complete roof enclosure supported by connecting walls
extending from the ground to the roof, and is secured against unauthorized entry, and
accessible only through one or more locking doors.
"Private residence" means a house, an apartment unit, a mobile home, or other similar
dwelling unit.
8.90.030 Prohibited Activities.
A. Commercial marijuana activity is prohibited within the City of Carlsbad. No person
shall engage in any commercial marijuana activity. No permit, license, or other authorization
shall be issued for any commercial marijuana activity. This prohibition does not apply to the
carriage of marijuana on public roads in the City of Carlsbad to the limited extent required by
Sections 19338(b), 19340(f), 26080(b), and 26090(c) of the California Business and Professions
Code.
B. To the extent not already covered by subsection A, delivery of marijuana is prohibited.
No person shall conduct delivery or participate in the delivery of marijuana.
C. Cultivation of marijuana is prohibited, except indoors at a private residence as
authorized by Section 11362.2(a) of the California Health and Safety Code. Marijuana grown
indoors shall be completely screened from view from public places and neighboring
properties. Nothing in this chapter is intended to, nor shall it be construed to, preclude any
owner of real property from limiting or prohibiting marijuana cultivation by its tenants.
D. No person shall smoke or ingest marijuana in any public place.
8.90.040 Public Nuisance.
Any violation of this chapter is hereby declared a public nuisance and, as such, may be abated
or enjoined from further operation within the City of Carlsbad.
Item #5 April 25, 2017 Page 12 of 42
8.90.050 Violations.
A. Any person who violates this chapter shall be guilty of a misdemeanor except: where
Division 10, Chapter 6, Article 2 of California Health and Safety Code limits punishment to an
infraction: or where the limited exemptions from criminal prosecution under Sections
11362.71 or 11362.775 of the California Health and Safety Code, related to qualified patients
and designated primary caregivers, apply. Under subsection 1.08.0lO(C) ofthis code, each and
every day during which a violation occurs shall be a separate offense.
B. The city may impose administrative penalties under Chapter 1.10 of this code for
violations of this chapter.
8.90.060 Severability.
If any section, subsection, sentence, or clause of this chapter is held to be invalid or
unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this chapter.
1.08.010 Designated.
A. Whenever in Chapters 6.03, 8.16, 8.44, 8.48, 8.50, 8.90, 11.28 and 15.12, or as specified
in Sections 1.13.040, 1.20.330{c), 1.20.330(d), 5.10.130, 6.04.130, 8.17.200{A)(l),
8.17.200(A)(2), 8.17.200(A)(3), 8.17.200(A)(4) and 17.04.070 of this code any act is prohibited
or is made or declared to be unlawful or an offense, or the doing of any act is required or the
failure to do any act is declared to be unlawful or a misdemeanor, the violation of any such
provision is a misdemeanor and shall be punished by a fine not exceeding $1,000.00 or
imprisonment for a term not exceeding six months, or by both such fine and imprisonment
unless some other fine or penalty is stated in said chapter or section.
Item #5 April 25, 2017 Page 13 of 42
April 25, 2017
To: Mayor and City Council
From: Sheila Cobian, City Clerk Services Manager
AGENDA ITEM
ADDITIONAL INFORMATION
All Receive -Agenda Item # .5_
· For the Information of the:
CITY COUNCIL . /
ACM.~CA~ CC~ Date~ City Manager 1/"
Re: Additional Information Relating to Agenda Item #5-Ordinance Adding
Chapter 8.90 (Marijuana) to Title 8 of the Carlsbad Municipal Code and
Amending Section 1.08.010 of Chapter 1.08 (Penalty)
In response to a Council Member request, please find attached Carlsbad voter precinct data relating to
the passage of Proposition 64 from the November 8, 2016 General Election.
Attachment: Prop 64 Carlsbad Voter Precinct Data
C: City Manager
City Attorney
Chief Operations Officer
Deputy City Attorney Heather Stroud
Police Captain Mickey Williams
Office of the City Clerk
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 I www.carlsbadca.gov
Item #5 April 25, 2017 Page 14 of 42
COUNTY OF SAN DIEGO
PRESIDENTIAL GENERAL ELECTION
Tuesday, November 8, 2016
Date:Ol/23/17
Time:14:50:20
Page:2120 of 2664
(San Diego County Portion Only) STATE PROPS 51-67
PROP 64-STATE MARUUANA LEGALIZATION
Reg. Voters Times Counted Total Votes YES NO
MailBallots 977 684 669 309 46.19% 360 53.81%
Total 977 893 861 396 45.99% 465 54.01"1<
-OCEANSIDE ~
mgVoteCenter '1049 313 306 163 53.27% 143 .73"1<
!..Ballots 1049 627 620 311 50.16% 309 49.84%
Total~ 1049 940 926 474 51.19% h. 48.81%
406380-0 SIDE
Polling Vote enter 1283 361 350 188 53.71% 46.29%
Mail Ballots 1283 738 727 399 54.88% 45.12%
Total ~ 1283 1099 1077 587 54.50"!.;/ 490 45.50%
406390-0CEANSIDE
Polling Vote Center 925 274 269 155 57.62% 114 42.38%
Mail Ballots 925 505 498 304 61.04~ 194 38.96%
Total ~ 925 779 767 4;5~59.8 Yo 308 40.16% 406400-0CEANSIDE
Polling Vote Center 1480 390 379 250 5.96% 129 34.04"!.
Mail Ballots "'-. 1480 876 861 46 53.43% 401 46.57%
Total ~180 1266 1240 /;:0
6
57.26% 530 42.74% 40641 0-0CEANSIDE
Polling Vote Center 38 416 397 59.45% 161 40.55%
Mail Ballots 38 744 727 1 53.78% 336 46.22%
40r!:~~!~~~! 1:> 1::: 1124/ ~:: :::::: 4:~ :::::
Mail Ballots ~~; ~ 599 ~ 332 56.37% 257 43.63"!.
Total 967 v 823 495 60.15% 328 39.85"1<
406430-0CEANSIDE
Polling Vote Center 794 276 148 53.62% 128 46.38%
Mail Ballots 794 378 209 55.29% 169 44.71%
40E:~~!te~~~; ::: /:: ~ ::; ::: :::::: 2:: ::::~:
Mail Ballots 680 / ;~6 ~298 193 64.77% 105 35.23%
Total ~ 548 ~ 330 61.91% 203 38.09%
40651 0-0CEANSIDE
Polling Vote Center 423 275 67.40% 133 32.60%
Mail Ballots 611 4 369 61.09% 235 38.91 'X
Total /1225 1034 1012 ~4 63.64% 368 36.36"!. 406600-0CEANSIDE
Polling Vote Center 1228 412 398 6 64.32% 142 35.68"!.
Mail Ballots 1228 668 649 3 59.01% 266 40.99%
Total / 1228 1080 1047 6~31.03% 408 38.97%
406700-0CEANSIDE /
Polling Vote Center 1378 485 475 306 6 . 2% 169 35.58%
Mail Ballots 1378 684 664 388 58.4 276 41.57%
Total / 1378 1169 1139 694 60.93"!.;~ 445 39.07% 406800-0CEANSIDE
Polling Vote Center 539 146 143 94 65.73% 49 34.27"!.
Mail Ballots 539 264 257 170 66.15% 87 33.85%
Total ¢ 539 410 400 264 66.00% 'i34.00%
406820-0CE DE
Polling Vo Center 1182 403 395 • 268 67.85% 32.15%
Mail Ba ts 1182 550 545 378 69.36% 30.64%
4 CEANSIDE
1182 953 940 646 68.72% 294 ~28%
VoteCenter 1098 389 372 254 68.28% 118 31.7 °o
llots 1098 574 565 357 63.19% 208 36.81%
Total 1098 963 937 611 65.21% 326 34.79%
408000-CARLSBAD
Polling Vote Center
Mail Ballots
599
599
162
353
156
343
94 60.26%
183 53.35%
62 39.74%
160 46.65%
Item #5 April 25, 2017 Page 15 of 42
COUNTY OF SAN DIEGO Date:Ol/23117
PRESIDENTIAL GENERAL ELECTION Time: 14:50:20
Page:2121 of2664
Tuesday, November 8, 2016
(San Diego County Portion Only) STATE PROPS 51-67
PROP 64-STATE MARUUANA LEGALIZATION
Reg. Voters Times Counted Total Votes YES NO,
Total 599 515 499 277 55.51% 222 44.49%
40801 0-CARLSBAD
Polling Vote Center 842 287 278 158 56.83% 120 43.17%
Mail Ballots 842 452 438 246 56.16% 192 43.84%
Total 842 739 716 404 56.42% 312 43.58%
408030-CARLSBAD
Polling Vote Center 964 280 271 161 59.41% 110 40.59%
Mail Ballots 964 573 564 332 58.87% 232 41.13%
Total 964 853 835 493 59.04% 342 40.96%
408040-CARLSBAD
Polling Vote Center 1512 424 411 229 55.72% 182 44.28%
Mail Ballots 1512 934 918 499 54.36% 419 45.64%
Total 1512 1358 1329 728 54.78% 601 45.22%
4081 00-CARLSBAD
Polling Vote Center 1424 368 359 208 57.94% 151 42.06%
Mail Ballots 1424 913 890 475 53.37% 415 46.63%
Total 1424 1281 1249 683 54.68% 566 45.32%
40811 0-CARLSBAD
Polling Vote Center 1529 374 366 211 57.65% 155 42.35%
Mail Ballots 1529 924 912 484 53.07% 428 46.93%
Total 1529 1298 1278 695 54.38% 583 45.62%
408150-CARLSBAD
Polling Vote Center 993 277 271 181 66.79% 90 33.21%
Mail Ballots 993 581 571 344 60.25% 227 39.75%
Total 993 858 842 525 62.35% 317 37.65%
408190-CARLSBAD /
Polling Vote Center 1606 508 498 285 57.23% 213 42.77%
Mail Ballots 1606 919 905 498 55.03% 407 44.97%
Total 1606 1427 1403 783 55.81% 620 44.19%
408200-CARLSBAD
Polling Vote Center 1108 374 365 234 64.11% 131 35.89%
Mail Ballots 1108 599 584 334 57.19% 250 42.81 'X
Total 1108 973 949 568 59.85% 381 40.15%
408210-CARLSBAD
Polling Vote Center 1025 252 242 155 64.05% 87 35.95%
Mail Ballots ' 1025 591 577 392 67.94% 185 32.06%
Total 1025 843 819 547 66.79% 272 33.21%
408230-CARLSBAD
Polling Vote Center 1090 350 331 191 57.70% 140 42.30%
Mail Ballots 1090 600 595 293 49.24% 302 50.76%
Total 1090 950 926 484 52.27% 442 41.73%
408240-CARLSBAD
Polling Vote Center 1257 374 365 221 60.55% 144 39.45%
Mail Ballots 1257 722 702 473 67.38% 229 32.62%
Total 1257 1096 1067 694 65.04% 373 34.96%
408250-CARLSBAD
Polling Vote Center 1012 314 304 187 61.51% 117 38.49%
Mail Ballots 1012 648 629 321 51.03% 308 48.97%
Total 1012 962 933 508 54.45% 425 45.55%
408260-CARLSBAD
Polling Vote Center 1206 341 331 190 57.40% 141 42.60%
Mail Ballots 1206 729 713 395 55.40% 318 44.60%
Total 1206 1070 1044 585 56.03% 459 43.97%
408270-CARLSBAD
Polling Vote Center 925 295 290 201 69.31% 89 30.69%
Mail Ballots 925 487 478 283 59.21% 195 40.79%
Total 925 782 768 484 63.02% 284 36.98%
408280-CARLSBAD
Polling Vote Center 976 278 274 137 50.00% 137 50.00%
Mail Ballots 976 596 578 317 54.84% 261 45.16%
Total 976 874 852 454 53.29% 398 46.71%
Item #5 April 25, 2017 Page 16 of 42
COUNTY OF SAN DIEGO Date:Ol/23/17
PRESIDENTIAL GENERAL ELECTION Time: 14:50:20
Page:2122 of2664
Tuesday, November 8, 2016
(San Diego County Portion Only) STATE PROPS 51-67
PROP 64-STATE MARIJUANA LEGALIZATION
Reg. Voters Times Counted Total Votes YES NO
408300-CARLSBAD
Polling Vote Center 1079 303 294 198 67.35% 96 32.65%
Mail Ballots 1079 630 618 349 56.47% 269 43.53%
Total 1079 933 912 547 59.98% 365 40.02%
408360-CARLSBAD
Polling Vote Center 862 204 200 103 51.50% 97 48.50%
Mail Ballots 862 559 550 319 58.00% 231 42.00%
Total 862 763 750 422 56.27% 328 43.73%
408390-CARLSBAD
Polling Vote Center 402 102 101 48 47.52% 53 52.48%
Mail Ballots 402 249 245 110 44.90% 135 55.10%
Total 402 351 346 158 45.66% 188 54.34%
408400-CARLSBAD
Polling Vote Center 1287 393 374 265 70.86% 109 29.14%
Mail Ballots 1287 645 637 431 67.66% 206 32.34%
Total 1287 1038 1011 696 68.84% 315 31.16%
408440-CARLSBAD
Polling Vote Center 1131 329 322 192 59.63% 130 40.37%
Mail Ballots 1131 637 626 377 60.22% 249 39.78%
Total 1131 966 948 569 60.02% 379 39.98%
408490-CARLSBAD
Polling Vote Center 691 221 214 118 55.14% 96 44.86%
Mail Ballots 691 354 351 203 57.83% 148 42.17%
Total 691 575 565 321 56.81% 244 43.19%
408500-CARLSBAD
Polling Vote Center 1163 348 339 236 69.62% 103 30.38%
Mail Ballots 1163 543 531 355 66.85% 176 33.15%
Total 1163 891 ' 870 591 67.93% 279 32.07%
408550-CARLSBAD
Polling Vote Center 1467 393 374 224 59.89% 150 40.11%
Mail Ballots 1467 889 870 499 57.36% 371 42.64%
Total 1467 1282 1244 723 58.12% 521 41.88%
408560-CARLSBAD
Polling Vote Center 1228 373 364 225 61.81% 139 38.19%
Mail Ballots 1228 726 714 441 61.76% 273 38.24%
Total 1228 1099 1078 666 61.78% 412 38.22o/c
408570-CARLSBAD
Polling Vote Center 1579 371 358 163 45.53% 195 54.47%
Mail Ballots ~ 1579 1033 1014 514 50.69% 500 49.31%
Total 1579 1404 1372 677 49.34% 695 50.66%
408600~AURLSBAD
Polling Vote Center 1013 369 357 255 71.43% 102 28.57%
Mail Ballots 1013 482 465 318 68.39% 147 31.61%
Total 1013 851 822 573 69.71% 249 30.29%
408620-CARLSBAD
Polling Vote Center 1445 431 420 266 63.33% 154 36.67%
Mail Ballots 1445 812 795 454 57.11% 341 42.89%
Total 1445 1243 1215 720 59.26% 495 40.74%
408670-CARLSBAD
Polling Vote Center 871 154 132 43 32.58% 89 67.42o/c
Mail Ballots 871 646 620 214 34.52% 406 65.48%
Total 871 800 752 257 34.18% 495 65.82%
408690-CARLSBAD
Polling Vote Center 1135 293 284 165 58.10% ll9 41.90o/c
Mail Ballots 1135 720 708 390 55.08% 318 44.92%
Total 1135 1013 992 555 55.95% 437 44.05%
408700-CAURLSBAD
Polling Vote Center 1211 382 371. 248 66.85% 123 33.15o/c
Mail Ballots 1211 627 617 405 65.64% 212 34.36%
Total 1211 1009 988 653 66.09% 335 33.91%
408720-CARLSBAD
Item #5 April 25, 2017 Page 17 of 42
COUNTY OF SAN DIEGO Date:Ol/23/17
PRESIDENTIAL GENERAL ELECTION Time:14:50:20
Page:2123 of2664
Tuesday, November 8, 2016
(San Diego County Portion Only) STATE PROPS 51-67
PROP 64-STATE MARUUANA LEGALIZATION
Reg. Voters Times Counted TotaiVotes YES NO
Polling Vote Center 940 186 180 93 51.67% 87 48.33%
Mail Ballots 940 632 615 327 53.17% 288 46.83%
Total "940 818 795 420 52.83% 375 47.17";(
408750-CARLSBAD
Polling Vote Center 993 241 235 122 51.91% 113 48.09%
Mail Ballots 993 604 593 328 55.31% 265 44.69%
Total 993 845 828 450 54.35% 378 45.65%
408780-CARLSBAD
Polling Vote Center 1304 283 278 132 47.48% 146 52.52%
Mail Ballots 1304 899 882 437 49.55% 445 50.45%
Total 1304 1182 1160 569 49.05% 591 50.95%
408810-CARLSBAD
Polling Vote Center 546 174 170 102 60.00% 68 40.00%
Mail Ballots 546 359 353 206 58.36% 147 41.64%
Total 546 533 523 308 58.89% 215 41.11%
408850-CARLSBAD
Polling Vote Center 1034 322 312 161 51.60% 151 48.40";(
Mail Ballots 1034 617 599 355 59.27% 244 40.73"1<
Total 1034 939 911 516 56.64% 395 43.36";(
408900-CARLSBAD
Polling Vote Center 1451 461 440 279 63.41% 161 36.59%
Mail Ballots 1451 773 751 459 61.12% 292 38.88%
Total 1451 1234 1191 738 61.96% 453 38.04%
408920-CARLSBAD
Polling Vote Center 1224 305 296 184 62.16% 112 37.84%
Mail Ballots 1224 769 755 436 57.75% 319 42.25%
Total 1224 1074 1051 620 58.99% 431 41.01%
409080-CARLSBAD
Polling Vote Center 1437 356 346 173 50.00% 173 50.00%
Mail Ballots 1437 901 887 488 55.02% 399 44.98%
Total 1437 1257 1233 661 53.61% 572 46.39%
409110-CARLSBAD
Polling Vote Center 1161 312 305 179 58.69% 126 41.31%
Mail Ballots 1161 707 700 396 56.57% 304 43.43";(
Total 1161 1019 1005 575 57.21% 430 42.79%
409180-CARLSBAD
Polling Vote Center ' 1309 423 411 232 56.45% 179 43.55%
Mail Ballots 1309 739 724 414 57.18% 310 42.82%
Total 1309 1162 1135 646 56.92% 489 43.08%
409190-CARLSBAD
Polling Vote Center 1103 324 318 160 50.31% 158 49.69%
Mail Ballots 1103 668 661 382 57.79% 279 42.21%
Total 1103 992 979 542 55.36% 437 44.64%
40921 0-CARLSBAD
Polling Vote Center 1086 380 374 253 67.65% 121 32.35%
Mail Ballots 1086 508 503 320 63.62% 183 36.38%
Total 1086 888 877 573 65.34% 304 34.66%
409240-CARLSBAD
Polling Vote Center 1135 337 327 189 57.80% 138 42.20%
Mail Ballots 1135 637 625 335 53.60% 290 46.40%
Total 1135 974 952 524 55.04% 428 44.96%
409300-CARLSBAD
Polling Vote Center 1086 310 299 205 68.56% 94 31.44%
Mail Ballots 1086 545 539 359 66.60% 180 33.40%
Total 1086 855 838 564 67.30% 274 32.70%
409310-CARLSBAD
Polling Vote Center 934 280 276 151 54.71% 125 45.29%
Mail Ballots 934 558 552 300 54.35% 252 45.65%
Total 934 838 828 451 54.47% 377 45.53%
409402-CARLSBAD
Polling Vote Center 1309 429 418 252 60.29% 166 39.71%
Item #5 April 25, 2017 Page 18 of 42
COUNTY OF SAN DIEGO Date:Ol/23/17
PRESIDENTIAL GENERAL ELECTION Time:14:50:20
Page:2124 of 2664
Tuesday, November 8, 2016
(San Diego County Portion Only) STATE PROPS 51-67
PROP 64-STATE MARIJUANA LEGALIZATION
Reg. Voters Times Counted Total Votes YES NO
Mail Ballots 1309 750 730 407 55.75% 323 44.25"1<
Total 1309 1179 1148 659 57.40% 489 42.60"1<
409440-CARLSBAD
Polling Vote Center 1447 417 405 232 57.28% 173 42.72"1<
Mail Ballots 1447 830 813 431 53.01% 382 46.99%
Total 1447 1247 1218 663 54.43% 555 45.57%
409460-CARLSBAD
Polling Vote Center 1801 446 427 225 52.69% 202 47.31%
Mail Ballots 1801 1122 1098 542 49.36% 556 50.64%
Total 1801 1568 1525 767 50.30% 758 49.70%
409490-CARLSBAD
Polling Vote Center 900 330 315 168 53.33% 147 46.67%
Mail Ballots 900 476 471 263 55.84% 208 44.16%
Total 900 806 786 431 54.83% 355 45.17%
409520-CARLSBAD
Polling Vote Center 798 228 223 Ill 49.78% 112 50.22%
Mail Ballots 798 477 474 243 51.27% 231 48.73%
Total 798 705 697 354 50.79% 343 49.21%
409590-CARLSBAD
Polling Vote Center 1033 292 287 !59 55.40% 128 44.60%
Mail Ballots 1033 636 628 351 55.89% 277 44.11%
Total 1033 928 915 510 55.74% 405 44.26%
409600-CARLSBAD
Polling Vote Center 977 242 234 106 45.30% 128 54.70% .
Mail Ballots 977 649 636 317 49.84% 319 50.16%
Total 977 891 870 423 48.62% 447 51.38%
409660-CARLSBAD
Polling Vote Center 1220 366 359 192 53.48% 167 46.52"1<
Mail Ballots 1220 728 708 425 60.03% 283 39.97%
Total 1220 1094 1067 617 57.83% 450 42.17"1<
409670-CARLSBAD
Polling Vote Center 700 195 190 124 65.26% 66 34.74%
Mail Ballots 700 413 400 247 61.75% !53 38.25%
Total 700 608 590 371 62.88% 219 37.12%
409690-CARLSBAD
Polling Vote Center 963 258 245 160 65.31% 85 34.69%
Mail Ballots 963 555 543 365 67.22% 178 32.78%
Total 963 813 788 525 66.62% 263 33.38%
409780-CARLSBAD
Polling Vote Center 1006 236 228 125 54.82% 103 45.18%
Mail Ballots 1006 659 642 348 54.21% 294 45.79%
Total 1006 895 870 473 54.37% 397 45.63%
409800-CARLSBAD
Polling Vote Center 1087 277 266 139 52.26% 127 47.74%
Mail Ballots 1087 707 693 365 52.67% 328 47.33%
Total 1087 984 959 504 52.55% 455 47.45"1<
40981 0-CARLSBAD
Polling Vote Center 957 281 275 132 48.00% 143 52.00"1<
Mail Ballots 957 556 547 287 52.47% 260 47.53%
Total 957 837 822 419 50.97% 403 49.03%
409830-CARLSBAD
Polling Vote Center 1297 393 385 208 54.03% 177 45.97%
Mail Ballots 1297 766 754 432 57.29% 322 42.71%
Total 1297 1159 1139 640 56.19% . 499 43.81%
409860-CARLSBAD
Polling Vote Center 841 224 218 107 49.08% 111 50.92%
Mail Ballots 841 532 514 266 51.75% 248 48.25%
Total 841 756 732 373 50.96% 359 49.04%
409880-CARLSBAD
Polling Vote Center 1157 324 317 198 62.46% 119 37.54"1<
Mail Ballots 1157 723 710 387 54.51% 323 45.49%
Item #5 April 25, 2017 Page 19 of 42
COUNTY OF SAN DIEGO Date:Ol/23117
PRESIDENTIAL GENERAL ELECTION Time:14:50:20
Page:2125 of2664
Tuesday, November 8, 2016
(San Diego County Portion Only) STATE PROPS 51-67
PROP 64-STATE MARUUANA LEGALIZATION
Reg. Voters Times Counted Total Votes YES NO
Total 1157 1047 1027 585 56.96% 442 43.04%
409970-CARLSBAD
Polling Vote Center 440 118 117 57 48.72% 60 51.28%
Mail Ballots 440 283 278 146 52.52% 132 47.48%
Total 440 401 395 203 51.39% 192 48.61%
412000-ENCINIT AS
Polling Vote Center 717 203 195 161 82.56% 34 17.44%
Mail Ballots 717 404 393 289 73.54% 104 26.46%
Total 717 607 588 450 76.53% 138 23.47%
412010-ENCINIT AS
Polling Vote Center 804 247 237 167 70.46% 70 29.54%
Mail Ballots 804 448 444 320 72.07% 124 27.93%
Total 804 695 681 487 71.51% 194 28.49%
412040-ENCINIT AS
Polling Vote Center 1264 405 392 275 70.15% 117 29.85%
Mail Ballots 1264 735 726 504 69.42% 222 30.58%
Total 1264 1140 1118 ·. 779 69.68% 339 30.32%
412130-ENCINIT AS
Polling Vote Center 1483 447 434 246 56.68% 188 43.32%
Mail Ballots 1483 871 852 511 59.98% 341 40.02%
Total 1483 1318 1286 757 58.86% 529 41.14%
412140-ENCINITAS
Polling Vote Center 359 126 123 80 65.04% 43 34.96%
Mail Ballots 359 198 195 133 68.21% 62 31.79%
Total 359 324 318 213 66.98% 105 33.02%
412200-ENCINITAS
Polling Vote Center 1170 379 362 259 71.55% 103 28.45%
Mail Ballots 1170 602 595 453 76.13% 142 23.87%
Total 1170 981 957 712 74.40% 245 25.60%
412280-ENCINIT AS
Polling Vote Center 671 158 154 89 57.79% 65 42.21%
Mail Ballots 671 437 427 252 59.02% 175 40.98%
Total 671 595 581 341 58.69% 240 41.31%
412300-ENCINIT AS
Polling Vote Center 1441 412 407 261 64.13% 146 35.87%
Mail Ballots 1441 880 864 549 63.54% 315 36.46%
Total 1441 1292 1271 810 63.73% 461 36.27%
412390-ENCINITAS
Polling Vote Center 862 270 255 187 73.33% 68 26.67%
Mail Ballots 862 455 445 318 71.46% 127 28.54%
Total 862 725 700 505 72.14% 195 27.86%
412400-ENCINIT AS
Polling Vote Center 1045 319 304 224 73.68% 80 26.32%
Mail Ballots 1045 574 565 380 67.26% 185 32.74%
Total 1045 893 869 604 69.51% 265 30.49%
412440-ENCINIT AS
Polling Vote Center 1642 389 375 205 54.67% 170 45.33%
Mail Ballots 1642 1011 987 593 60.08% 394 39.92%
Total 1642 1400 1362 798 58.59% 564 41.41%
412530-ENCINITAS
Polling Vote Center 643 192 188 127 67.55% 61 32.45%
Mail Ballots 643 375 360 248 68.89% 112 31.11%
Total 643 567 548 375 68.43% 173 31.57%
412710-ENCINITAS
Polling .Vote Center 654 216 207 116 56.04% 91 43.96%
Mail Ballots 654 366 358 204 56.98% 154 43.02%
Total 654 582 565 320 56.64% 245 43.36%
412720-ENCINITAS
Polling Vote Center 1000 331 327 185 56.57% 142 43.43%
Mail Ballots 1000 566 553 359 64.92% 194 35.08%
Total 1000 897 880 544 61.82% 336 38.18%
Item #5 April 25, 2017 Page 20 of 42
Faviola Medina
From:
Sent:
To:
Cc:
Subject:
Attachments:
Andrea Dykes
Tuesday, April 25, 2017 8:41AM
City Clerk
Heather Stroud
FW: Please print and distribute
Executive Summary.pdf; Committee releases second report on marijuana health effects
Colorado Marijuana.pdf
FYI-I gave a copy to everyone, but I thought you may also want what they are getting too.
From: Cori Schumacher [mailto:cori@corischumacher.com]
Sent: Tuesday, April25, 2017 8:16AM
To: Andrea Dykes <Andrea.Dykes@carlsbadca.gov>
Cc: Celia Brewer <Celia.Brewer@carlsbadca.gov>; Kevin Crawford <Kevin.Crawford@carlsbadca.gov>; Marisa Lundstedt
< Ma risa. Lu ndstedt@ca rlsbadca .gov>
Subject: Please print and distribute
Hi Andi,
Will you please print the following Executive Summary and press release from Colorado's Retail Marijuana Public Health Advisory
Committee and distribute to Council. I'll take a copy myself.
Thank you!
Cori
1 Item #5 April 25, 2017 Page 21 of 42
Monitoring Health
Concerns Related to
Marijuana in
Colorado: 2016
Executive Summary
Retail Marijuana Public Health Advisory
Committee
Item #5 April 25, 2017 Page 22 of 42
Executive Summary
Retail Marijuana Public Health Advisory Committee Members
2015-2016
Chairman: Mike Van Dyke, PhD, CIH, Chief, Environmental Epidemiology, Occupational Health and
Toxicology Branch
Laura Borgelt, PharmD, Associate Dean and Professor, Departments of Clinical Pharmacy and Family
Medicine, University of Colorado Anschutz Medical Campus
Russell Bowler, MD, PhD, Professor of Medicine, National Jewish Health and University of Colorado
Shireen Banerji, PharmD, DABAT, Clinical Manager, Rocky Mountain Poison Center
Ashley Brooks-Russell, PhD, MPH, Assistant Professor, Colorado School of Public Health; Member, Injury
Prevention, Education and Research Program
Ken Gershman, MD, MPH, Manager, Medical Marijuana Research Grants Program Colorado Department
of Public Health and Environment
Heath Harmon, MPH, Director of Health Divisions, Boulder County Public Health
Sharon Langendoerfer MD, Retired Pediatrician and Neonatologist, Denver Health Medical Center
Andrew Monte, MD, Emergency Medicine Physician, Medical Toxicologist, University of Colorado and
Rocky Mountain Poison and Drug Center
Judith Shlay, MD, MSPH, Interim Director, Denver Public Health; Professor of Family Medicine,
University of Colorado School of Medicine
George Sam Wang, MD, Assistant Professor of Pediatrics, Department of Pediatrics, Section of
Emergency Medicine and Medical Toxicology, University of Colorado Anschutz Medical Campus and
Children's Hospital Colorado; Volunteer Faculty, Rocky Mountain Poison and Drug Center
Rebecca Helfand, PhD, Director of Data and Evaluation, Office of Behavioral Health, Colorado
Department of Human Services
Kristina Phillips, PhD, Clinical Psychologist, Professor, School of Psychological Sciences, University of
Northern Colorado
Christian Thurstone, MD, Psychiatrist and Medical Director of Addiction Services, Denver Health;
Associate Professor of Psychiatry, University of Colorado
Tista Ghosh, MD, MPH, Deputy Chief Medical Officer and Director of Health Programs, Colorado
Department of Public Health and Environment (Alternate Member)
Monitoring Health Concerns Related to Marijuana in Colorado: 2016 COLORADO
Department of Public
Health & Environment
ii Item #5 April 25, 2017 Page 23 of 42
Executive Summary
Introduction
When Colorado became one of the first two states in the nation to legalize retail marijuana, the
Colorado Legislature mandated that the Colorado Department of Public Health and Environment
(CDPHE) study the potential public health effects of marijuana. Though medical marijuana has been
legal in Colorado since 2000, it was largely viewed as an individual doctor/patient decision outside the
scope of public health policy. However, the legalization of retail (non-medical) marijuana and the
potential for greater availability of marijuana in the community prompted a closer look at potential
health effects on the population at large.
Legalized retail marijuana presents a paradigm shift, grouping marijuana with other legal substances
like alcohol, tobacco and prescription drugs, as opposed to illicit drugs like cocaine and heroin. As with
alcohol, tobacco and prescription drugs, misuse of marijuana can have serious health consequences.
The standard public health approaches to alcohol, tobacco and prescription drugs are to monitor use
patterns and behaviors, health care use, potential health effects, and emerging scientific literature to
guide the development of policies or consumer education strategies to prevent serious health
consequences. This report presents information on marijuana use patterns, potential health effects and
the most recent scientific findings associated with marijuana use, with a key objective of helping
facilitate evidence-based policy decisions and science-based public education campaigns.
In 25-1.5-110, C.R.S., the Colorado Department of Public Health and Environment (CDPHE) was given
statutory responsibility to:
• " ... monitor changes in drug use patterns, broken down by county and race and ethnicity, and the
emerging science and medical information relevant to the health effects associated with marijuana
use."
• " ... appoint a panel of health care professionals with expertise in cannabinoid physiology to monitor
the relevant information."
• " ... collect Colorado-specific data that reports adverse health events involving marijuana use from
the all-payer claims database, hospital discharge data, and behavioral risk factors."
Based on this charge, CDPHE has appointed a 14-member committee, the Retail Marijuana Public
Health Advisory Committee (RMPHAC), to review scientific literature on the health effects of marijuana
and Colorado-specific health outcome and use pattern data. Members of this committee (see Retail
Marijuana Public Health Advisory Committee membership roster) consist of individuals in the fields of
public health, medicine, epidemiology and medical toxicology who demonstrate expertise related to
marijuana through their work, training or research. This committee was charged with the duties as
outlined in C. R.S. 25-1.5-110 to " ... establish criteria for studies to be reviewed, reviewing studies and
other data, and making recommendations, as appropriate, for policies intended to protect consumers
of marijuana or marijuana products and the general public." The committee began meeting in May
2014 and in January 2015 published the first edition of this report. The overall goal of the committee
was to implement an unbiased and transparent process for evaluating scientific literature as well as
marijuana use and health outcome data. The committee was particularly interested in ensuring quality
information is shared about the known physical and mental health effects associated with marijuana
use -and also about what is unknown at present. The official committee bylaws are included in the
Appendix, Retail Marijuana Public Health Advisory Committee Bylaws.
Monitoring Health Concerns Related to Marijuana in Colorado: 2016
COLORADO
Department of Public
Health & Environment
iii
Item #5 April 25, 2017 Page 24 of 42
Executive Summary
Monitoring changes in marijuana use patterns
This report includes detailed information about marijuana use patterns in Colorado that has been
gathered using several prominent population-based surveys. These surveys are:
1. The Behavioral Risk Factor Surveillance System survey, a survey of adults sponsored by the U.S.
Centers for Disease Control and Prevention (CDC).
2. The Child Health Survey, a survey of adults with children ages 1-14 years old in their home about
the children's health and environment.
3. The Healthy Kids Colorado Survey of middle and high school students, a collaboration of CDPHE,
Colorado Department of Education, and Colorado Department of Human Services.
4. The Pregnancy Risk Assessment Monitoring System survey, a survey of women who recently gave
birth.
The data available at this time cannot answer all of the important questions about whether or how
marijuana use patterns may be changing as a result of legalization. However, they do provide
important insights into marijuana use in adults and vulnerable populations such as pregnant women,
youth, and those with racial, ethnic, and sexual orientation disparities. A summary of key trends:
Encouraging trends
• For adults and adolescents, past-month marijuana use has not changed since legalization either in
terms of the number of people using or the frequency of use among users.
• Based on the most comprehensive data available, past month marijuana use among Colorado
adolescents is nearly identical to the national average.
• We have not identified any new disparities in marijuana use by age, gender, race, ethnicity or
sexual orientation since legalization.
• Daily or near-daily marijuana use among adults is much lower than daily or near-daily alcohol or
tobacco use. Among adolescents, past month marijuana use is lower than past month alcohol use.
Trends to continue monitoring
• About 6 percent of pregnant women use marijuana while pregnant. This percentage is higher
among those with unintended pregnancies as well as younger mothers or those with less education.
• At least 14,000 children in Colorado are at risk of accidentally eating marijuana products that are
not safely stored and at least 16,000 are at risk of being exposed to secondhand marijuana smoke
in the home.
• More than 5 percent of high school students use marijuana daily or near daily. This rate has
remained stable since at least 2005.
• Past month marijuana use among adults in Colorado is higher than the national average. In
Colorado, one in four adults age 18-25 reported past month marijuana use and one in eight use
daily or near-daily. These numbers have been consistent since legalization.
• There continue to be disparities in marijuana use based on race/ethnicity for adolescents and
sexual orientation for both adults and adolescents.
• While past month marijuana use among adults and adolescents was stable for most regions in
Colorado, adult use in the Northwest Colorado region increased from 2014 to 2015.
• More than 1-in-3 adolescents who use marijuana first use it by age 14, supporting prevention
efforts aimed at children before they enter ninth grade.
Monitoring Health Concerns Related to Marijuana in Colorado: 2016 COLORADO
Department of Public
Health & Environment
iv Item #5 April 25, 2017 Page 25 of 42
Executive Summary
Scientific literature review on potential health effects
of marijuana use
The committee used a standardized systematic literature review process to search and grade the
existing scientific literature on health effects of marijuana. Findings were synthesized into evidence
statements that summarize the quantity and quality of supporting scientific evidence. These evidence
statements were classified as follows:
• Substantial evidence -indicates robust scientific findings that support an association between
marijuana use and the outcome.
• Moderate evidence -indicates that scientific findings support an association between marijuana
use and the outcome, but these findings have some limitations.
• Limited evidence -indicates modest scientific findings that support an association between
marijuana use and the outcome, but these findings have significant limitations.
• Mixed evidence -indicates both supporting and non-supporting scientific findings for an association
between marijuana use and the outcome with neither direction dominating.
• Body of research failing to show an association -indicates that the topic has been researched
without evidence of an association; is further classified as a limited, moderate or substantial body
of research.
• Insufficient evidence -indicates that the outcome has not been sufficiently studied to conclude
whether or not there is an association between marijuana use and the outcome.
The committee also translated these evidence statements into plain language so the public can
understand them when used in public health messages. In addition, the committee was asked to
develop public health recommendations based on potential concerns identified through the review
process and to articulate research gaps based on common limitations of existing research. All of these
were presented to the full committee during open public meetings that offered opportunities for
stakeholder input. Final statements, recommendations, and research gaps were formally approved by a
majority vote of the committee.
An important note for all key findings is that the available research evaluated the association between
marijuana use and potential adverse health outcomes. This association does not prove the marijuana
use alone caused the effect. Despite the best efforts of researchers to account for confounding
factors, there may be other important factors related to causality that were not identified. In
addition, marijuana use was illegal everywhere in the United States prior to 1996. Research funding,
when appropriated, was commonly sought to identify adverse effects from marijuana use. This legal
fact introduces both funding bias and publication bias into the body of literature related to marijuana
use. Another limitation of the available research data is that most studies did not or could not measure
the THC level (potency) of marijuana used by subjects, nor which other cannabinoids were present.
There are diverse products now available in Colorado, many of which are likely higher in potency than
the marijuana used by study subjects for much of the literature reviewed.
The Retail Marijuana Public Health Advisory Committee recognizes the limitations and biases inherent
in the published literature and made efforts to ensure the information reviewed and synthesized is
reflective of the current state of medical knowledge. Where information was lacking-for whatever
reason -the committee identified this knowledge gap and recommended further research. This
information will be updated as new research becomes available.
Monitoring Health Concerns Related to Marijuana in Colorado: 2016
COLORADO
Department of Public
Health & Environment
v Item #5 April 25, 2017 Page 26 of 42
Executive Summary
Marijuana use among adolescents and young adults
The committee reviewed the relationships between adolescent and young adult marijuana use and
cognitive abilities, academic performance, mental health and future substance use. Weekly marijuana
use by adolescents is associated with impaired learning, memory, math and reading, even 28 days after
last use. Weekly use is also associated with failure to graduate from high school. Adolescents and young
adults who use marijuana are more likely to experience psychotic symptoms as adults, such as
hallucinations, paranoia, delusional beliefs and feeling emotionally unresponsive. Evidence shows that
marijuana users can become addicted to marijuana and that treatment for marijuana addiction can
decrease use and dependence. Additionally, marijuana users who quit have lower risks of cognitive and
mental health outcomes than those who continue to use.
Marijuana use and cancer
The committee reviewed different forms of cancer relative to marijuana use, as well as the chemicals
released in marijuana smoke and vapor. Strong evidence shows that marijuana smoke contains many of
the same cancer-causing chemicals found in tobacco smoke. However, there is conflicting research for
whether or not a higher cumulative level of marijuana smoking is associated with lung cancer. Limited
evidence suggests an association between marijuana use and both testicular and prostate cancers. On
the other hand, the limited evidence available concerning cancers of the bladder, head and neck
suggests that they might not have any association with marijuana use.
Marijuana use and cardiovascular effects
The committee reviewed myocardial infarction, stroke and death from cardiovascular causes, relative
to marijuana use. There is a moderate level of scientific evidence that marijuana use increases risk for
some forms of stroke in individuals younger than 55 years of age, and more limited evidence that
marijuana use may increase risk for heart attack. Research is lacking concerning other cardiovascular
events and conditions, including death.
Marijuana dose and drug interactions
The committee reviewed THC (tetrahydrocannabinol, the main psychoactive component of marijuana)
levels relative to marijuana dose and method of use, the effects of secondhand marijuana smoke, drug-
drug interactions involving marijuana, and relationships between marijuana and opioid use. One very
important finding is that it can take up to four hours after consuming an edible marijuana product to
reach the peak THC blood concentration and feel the full effects. There is credible evidence of
clinically important drug-drug interactions between marijuana and multiple medications, including
some anti-seizure medications and a common blood-thinner. Data about potential interactions are
lacking for many drugs at this time and likely to evolve substantially over coming years. Finally, there
is some evidence that opioid pain medication overdose deaths are lower in states with legal medical
marijuana than would be expected based on trends in states without legal medical marijuana. There is
conflicting evidence for whether or not marijuana use is associated with a decrease in opioid use
among chronic pain patients or individuals with a history of problem drug use.
Monitoring Health Concerns Related to Marijuana in Colorado: 2016 Item #5 April 25, 2017 Page 27 of 42
Executive Summary
Marijuana use and driving
The committee reviewed driving impairment and motor vehicle crash risk relative to marijuana use, as
well as evidence indicating how long it takes for impairment to resolve after marijuana use. They
found that the risk of a motor vehicle crash increases among drivers with recent marijuana use.
Furthermore, the higher the blood THC level, the higher the motor vehicle crash risk. In addition, using
alcohol and marijuana together increases impairment and the risk of a motor vehicle crash more than
using either substance alone. For less than weekly marijuana users, using marijuana containing 10
milligrams or more of THC is likely to impair the ability to safely drive, bike, or perform other safety-
sensitive activities. Less than weekly users should wait at least six hours after smoking or eight hours
after eating or drinking marijuana to allow time for impairment to resolve.
Marijuana use and gastrointestinal or reproductive effects
The committee reviewed gastrointestinal diseases, particularly cyclic vomiting, and infertility or
abnormal reproductive function. Evidence shows that long-time, daily or near daily marijuana use is
associated with cyclic vomiting, which has been called cannabinoid hyperemesis syndrome. In such
cases, stopping marijuana use may relieve the vomiting. There is conflicting research for whether or
not marijuana use is associated with male infertility or abnormal reproductive function, and research is
lacking on female reproductive function related to marijuana use.
Marijuana use and injury
The committee reviewed workplace, recreational and other non-driving injuries, burns from hash-oil
extraction or failed electronic smoking devices, and physical dating violence. Evidence shows that
marijuana use may increase the risk of workplace injury while impaired, but is unclear for other types
of non-driving related injury. There have been many reports of severe burns resulting from home-
extraction of butane hash-oil leading to explosions, and cases of electronic smoking devices exploding,
leading to trauma and burns. Concerning dating violence, adolescent girls who use marijuana may be
more likely to commit physical violence against their dating partners, and adolescent boys who use
marijuana may be more likely to be victims of physical dating violence.
Marijuana use and neurological, cognitive and mental health effects
The committee reviewed the potential relationships between marijuana use and cognitive impairment,
mental health disorders and substance abuse. Strong evidence shows that daily or near daily marijuana
users are more likely to have impaired memory lasting a week or more after quitting. An important
acute effect of THC is psychotic symptoms, such as hallucinations, paranoia and delusional beliefs
during intoxication. These symptoms are worse with higher doses. Daily or near daily marijuana use is
associated with developing a psychotic disorder such as schizophrenia. Finally, evidence shows that
marijuana users can become addicted to marijuana and that treatment for marijuana addiction can
decrease use and dependence.
Marijuana use during pregnancy and breastfeeding
The committee reviewed adverse birth outcomes, effects of prenatal marijuana use on exposed
offspring later in childhood or adolescence and effects of marijuana use by a breastfeeding mother.
Biological evidence shows that THC passes through the placenta to the fetus, so that the unborn child
is exposed to THC if the mother uses marijuana, and that THC passes through breast milk to a
breastfeeding child. Marijuana use during pregnancy may be associated with an increased risk of heart
defects or stillbirth. Stronger evidence was found for effects that are seen months or years after birth
if a child's mother used marijuana while pregnant with the child. These include decreased growth and
impaired cognitive function and attention. Decreased academic ability or increased depression
symptoms may also occur.
Monitoring Health Concerns Related to Marijuana in Colorado: 2016
COLORADO
Department of Public
Health & Environment
vii Item #5 April 25, 2017 Page 28 of 42
Executive Summary
Marijuana use and respiratory effects
The committee reviewed respiratory diseases like chronic obstructive pulmonary disorder (COPD),
chronic bronchitis and asthma, respiratory infections and lung function relative to smoked marijuana.
They also reviewed potential health effects of vaporized marijuana. Strong evidence shows an
association between daily or near-daily marijuana use and chronic bronchitis. Additionally, daily or
near daily marijuana use may be associated with bullous lung disease and pneumothorax in individuals
younger than 40 years of age. Research is lacking concerning any possible association between
marijuana use and COPD, emphysema or respiratory infections. Smokers who switch from marijuana
smoking to marijuana vaporizing may have fewer respiratory symptoms and improved pulmonary
function. Finally, a notable effect of acute use is a short-term improvement in lung airflow.
Unintentional marijuana exposures in children
The committee reviewed unintentional marijuana exposure relative to marijuana legalization and
child-resistant packaging. They found strong evidence that more unintentional marijuana exposures of
children occur in states with increased legal access to marijuana, and that the exposures can lead to
significant clinical effects requiring hospitalization. Additionally, evidence shows that child resistant
packaging prevents exposure to children from potentially harmful substances, such as THC.
Monitoring possible marijuana-related health effects
This report includes detailed information about population-based health effects of legalized marijuana
in Colorado, using two primary public health datasets:
1. Exposure calls to the Rocky Mountain Poison and Drug Center, typically used as a surrogate data
source to determine the potential for adverse health effects from exposure to chemicals and drugs.
2. Hospital and emergency department data provided by the Colorado Hospital Association, which
collects data from participating hospitals in the state of Colorado.
The data presented here provide important insights into the yearly volume, trends over time and
nature of marijuana exposure calls to the poison center among different age groups and the rates of
hospitalizations and emergency department visits for which a marijuana-related billing code was used.
A summary of key trends: ·
Encouraging trends
• Marijuana exposure calls to the poison center appear to be decreasing since 2015, including
unintentional exposures in children ages 0-8 years.
• The overall rate of emergency department visits with marijuana-related billing codes dropped 27
percent from 2014 to 2015 (2016 data is not available yet).
Trends to continue monitoring
• Marijuana exposure calls to the poison center continue to be higher in years after medical
marijuana commercialization (2010-2016) than in previous years (2000-2009), including calls about
children 0-8 years old with unintentional marijuana exposure.
• Edible marijuana products were involved in about 40 percent of marijuana exposure calls to the
poison center. For children 0-8 years old, calls about edible marijuana were twice as common as
calls about smokeable marijuana.
• The overall rate of hospitalizations with marijuana-related billing codes has increased each year
since 2008.
Monitoring Health Concerns Related to Marijuana in Colorado: 2016 Item #5 April 25, 2017 Page 29 of 42
Executive Summary
• Among young adults (ages 18-25 years) in 2014 and 2015, about 8 percent of all hospitalizations and
2 percent of all emergency department visits had a marijuana-related billing code. This was higher
than the rate among other age groups, and likely reflects the higher rate of marijuana use in this
age group.
• Disparities in hospitalizations and emergency department visits also existed by sex and race, with
higher rates among males and blacks across all time periods.
• Hospitalizations with marijuana-related billing codes are nine times more likely to have a primary
mental health diagnosis compared to those without marijuana-related billing codes.
These data should be interpreted carefully, keeping in mind that observed increases have many
potential explanations including: changes in the amount or type of marijuana use in Colorado,
changes in physician screening or reporting related to marijuana, increased honesty in reporting
marijuana use to health care providers after legalization, and changes in coding practices by hospitals
and emergency departments. In addition, possible marijuana-related cases accounted for 3 percent of
hospitalizations and less than 1 percent of emergency department visits in Colorado in 2015. More data
and time are needed to determine if the observed increases are a direct and sustained result of
changes in Colorado marijuana use.
Public health recommendations
The committee made a number of public health recommendations interspersed throughout this report.
It recommends Colorado support research to fill important gaps in public health knowledge and
continue improving and standardizing data about marijuana use history and health effects in public
health surveillance, medical care settings and research.
Collection and in-depth analysis of data regarding marijuana use should be continued using population-
based surveys such as the Behavioral Risk Factors Surveillance System, the Healthy Kids Colorado
Survey and Pregnancy Risk Assessment Monitoring System. Colorado also should continue to develop,
improve and expand tools to monitor marijuana use patterns, such as CDPHE's Cannabis Users' Survey
on Health.
CDPHE should continue using poison center and hospital data to monitor trends in potential marijuana
health effects and assess the impact over time, especially among groups with higher rates of marijuana
use. For the poison center, this includes implementing a surveillance protocol currently being
developed and conducting more detailed data collection and analysis of unintentional marijuana
exposures, especially in children under 9 years old. In order to better assess potential health impacts,
data on hospitalizations and emergency department visits related to marijuana should be further
explored. This includes continuing analysis of primary diagnoses in relation to marijuana-related billing
codes and targeted projects like CDPHE's collaboration to evaluate ski-related injuries and marijuana.
In addition, improved testing methods and documentation are needed in relation to motor vehicle
crashes and driving under the influence of drugs (DUID). Evaluation of death certificate and coroner's
report data should continue, to determine how it can best be used in monitoring for potential
marijuana-related deaths.
Public education on potential health effects of marijuana is important, particularly related to the
effects of use during pregnancy, adolescent use, driving after using and unsafe storage around
children. Dispensaries and industry should continue to partner with public health to disseminate
education about these topics of highest concern. Education for health care providers on the known
health effects of marijuana use may encourage more open dialogue between providers and patients.
Monitoring Health Concerns Related to Marijuana in Colorado: 2016 Department of Public
Health & Environment
ix Item #5 April 25, 2017 Page 30 of 42
Executive Summary
Research gaps
Important research gaps related to the population-based health effects of marijuana use were
identified during the literature and data review process. These research gaps were based on common
limitations of existing research, exposures or outcomes not sufficiently studied, or issues important to
public education or policymaking. These research gaps provide an important framework for continuing
to prioritize research related to marijuana use and public health. The committee strongly recommends
that Colorado support research to fill these important gaps in public health knowledge. While outside
the scope of this committee's duties, the committee also recognizes that more research is needed on
the potential therapeutic benefits of marijuana.
A common theme among the research gaps was the need for studies with better defined marijuana-use
histories and practices. This should include frequency, amount, potency, and method of marijuana use,
length of abstinence, and a standardized method for documenting cumulative lifetime marijuana
exposure. A key need is to separately evaluate effects for less frequent users versus daily or near-daily
users. Researchers should consider evaluating separately by age group, sex or other characteristics
when the health effect being studied could differ among groups -for example, by age for
cardiovascular effects or by sex for mental health effects.
Research gaps particularly important to public health and safety include: 1) Additional research using
marijuana with THC levels consistent with currently available products; 2) Research on impairment in
marijuana users who use more than weekly and may have developed tolerance; 3) Research to identify
improved testing methods for impairment either through alternate biological testing methods or
physical tests of impairment; and 4) Research to better characterize the
pharmacokinetics/pharmacodynamics, potential drug interactions, health effects, and impairment
related to newer methods of marijuana use such as edibles and vaporizing as well as other
cannabinoids such as cannabidiol (CBD).
Monitoring Health Concerns Related to Marijuana in Colorado: 2016 COLORADO
Department of Public
Health & Environment
X Item #5 April 25, 2017 Page 31 of 42
~ ..
COLORADO
Marijuana
Committee releases second report on marijuana
health effects
The state's Retail Marijuana Public Health Advisory Committee has released its second set
of findings from the committee's review of the scientific literature currently available on
the health effects of marijuana use.
The report, "Monitoring Health Concerns Related to Marijuana in Colorado: 2016,." also
provides survey data about marijuana use in Colorado and data from hospitals and the
poison center on potential marijuana-related health effects. Senate Bill 13-283 requires
the committee to monitor the emerging science and medical information about marijuana
use and report its findings.
"Just as with tobacco and. alcohol, continued monitoring of marijuana use and potential
health effects help guide our work to protect the health of Colorado's citizens," said Dr.
Larry Wolk, executive director and chief medical officer at the Colorado Department of
Public Health and Environment. "We want to base policy decisions and educational
campaigns on sound science."
The report recommends continued monitoring of several trends, including:
• About 6 percent of pregnant women choose to use marijuana while pregnant. This
percentage is higher among those with unintended pregnancies as well as younger
mothers or those with less education. Using marijuana during pregnancy is associated
with negative effects on exposed children, including decreased cognitive function
and ability to maintain attention on task. Effects may not appear until adolescence.
• At least 14,000 children in Colorado are at risk of accidentally eating marijuana
products that are not safely stored, and at least 16,000 are at risk of being exposed
to secondhand marijuana smoke in the home. The committee found strong evidence
such accidental exposures can lead to significant clinical effects that, in some cases,
require hospitalization.
• More than 5 percent of high school students use marijuana daily or nearly daily. This
has been the case since at least 2005. The report finds weekly marijuana use by
adolescents is associated with impaired learning, memory, math and reading, for as
long as 28 days after last use. Weekly use also is associated with failure to graduate
from high school. In addition, adolescent marijuana users are more likely to develop
cannabis use disorder or be addicted to alcohol, tobacco or illicit drugs in adulthood.
• In Colorado, one in four adults ages 18-25 reported past-month marijuana use and
Item #5 April 25, 2017 Page 32 of 42
one in eight use daily or nearly daily. These numbers have been consistent since
marijuana's legalization.
There are indications that policy and education efforts about the potential health effects of
marijuana are working. For example, marijuana exposure calls to the Rocky Mountain
Poison and Drug Center have decreased since 2015. This includes calls about accidental
exposures in children under 9 years old. In addition, the overall rate of marijuana-related
emergency department visits dropped 27 percent from 2014 to 2015. (2016 data is not
available yet.)
The report also cited these trends:
• Past-month marijuana use among adults and adolescents has not changed since
legalization either in terms of the number of people using or the frequency of use.
• Based on the most comprehensive data available, past-month marijuana use among
Colorado adolescents is nearly identical to the national average.
• Daily or near-daily use of marijuana among adults in Colorado is much lower than
daily or near-daily use of alcohol or tobacco.
Based on its findings, the committee also recommends continuing to use survey, poison
center and hospital data to monitor trends in marijuana use and health effects; state
support of research to fill important gaps in public health knowledge; and continued public
education about the potential risks of marijuana use.
The 14-member Retail Marijuana Public Health Adviso[Y. Committee includes physicians,
scientists and public health officials. Committee members are experts in drug
epidemiology, surveillance epidemiology, medical toxicology, pediatric medicine,
psychiatry, drug addiction, pharmacology, pulmonary medicine, neonatal and perinatal
medicine, and public health.
Item #5 April 25, 2017 Page 33 of 42
Morgen Fry
Subject:
Attachments:
FW: City of Carlsbad follow up
CarlsbadProposedOrdinance.pdf
From: Angelique Lee-Rowley [mailto:a ]
Sent: Monday, April 24, 2017 3:46PM
To: Christie Marcella <Christie.Marcella@carlsbadca.gov>
All Receive -Agenda Item # .s_
For the Information of the:
CITY COUNCIL
ACM VCA VCC v
Date "Scity Manager 7
Cc: Yessica Aguirre <>; Julie Biela <J
Subject: FW: City of Carlsbad follow up
Hi Christie,
I greatly appreciate the opportunity to comment on the city's proposed ordinance. The intent of the proposed
ordinance you shared with us lito prohibit commercial marijuana activity" should not affect the business of Greenwich
Biosciences. However, some of the language could be subject to interpretation, especially for those unfamiliar with our
business.
To avoid any potential confusion in the future, it would be preferable to include a specific exclusion for activities related
to the development and commercialization of FDA-approved and/or regulated pharmaceutical products.
Please be assured that this company is not in the {/medical marijuana" business. Although our company's products are
derived from the cannabis plant, they are manufactured into a specific pharmaceutical preparation, just as all FDA-
regulated products, and our activities in the US are specifically licensed/permitted by the FDA, DEA, and where
applicable, state boards of pharmacy. Additionally, the entirety of our manufacturing process occurs in Europe, and
product is not handled through the Carlsbad office at any point in the supply chain. If you have any concerns
whatsoever, you or anyone from the city are welcome to speak with me or other members of our management team
and visit our Carlsbad offices again. We look forward to growing our roots here in Carlsbad and maintaining a positive
relationship with the community for a long time to come.
Respectfully,
Angelique Lee-Rowley, Esq.
US General Counsel and Compliance Officer
, Carlsbad, CA 92008
www.greenwichbiosciences.com
•• : GREENWICH'"
•• S I 0 -~::~~-:~~-C E S
A ON Ph3rmac:E;1JticalsPlCCon'().3tl'f
From: Yessica Aguirre
Sent: Monday, April 24, 2017 3:20PM
1
Item #5 April 25, 2017 Page 34 of 42
Morgen Fry
From:
Sent:
To:
Cc:
Subject:
Morgen,
Please distribute to council.
Andi
-----Original Message-----
Council Internet Email
Tuesday, April 25, 2017 2:54PM
Morgen Fry
City Clerk; Heather Stroud
FW: Please modify staff ordinance on marijuana All Receive_ Agenda Item# 5
For the Information of the:-
CITV COUNCIL /
ACM v--· CA .........-CC .r
Date *lz.sjn City "'Manager v.
From: Brian Flock [mailto:b ]
Sent: Tuesday, April 25, 2017 2:45PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Please modify staff ordinance on marijuana
Dear Council,
My regrets for the late notice of my opposition to the ordinance as written regarding marijuana. Although I understand
the stigma of dispensaries in local neighborhoods, out of compassion for patients who would be limited to home
delivery of addictive prescription medications (opiods, etc), I ask that you please allow medical marijuana delivery within
Carlsbad in neutrally or unmarked vehicles.
I would also ask that you allow a commercial exclusion for cannabinoid research within city limits, along with a system to
evaluate resulting medications in a commercial distribution.
Sincerely,
Brian Flock
Sent from my iPhone
Sent from my iPhone
1 Item #5 April 25, 2017 Page 35 of 42
Morgen Fry
From:
Sent:
To:
Cc:
Subject:
Morgen,
Please distribute to council.
Andi
-----Original Message-----
From: Heather Stroud
Andrea Dykes
Tuesday, April25, 2017 10:25 AM
Morgen Fry
City Clerk
FW: adding chapter 8.90 to title 8
Sent: Tuesday, April 25, 2017 10:18 AM
All Receive -Agenda Item # 5"
For the Information of the:
CllY COUNCIL I
ACM_ ...:L_ CA J CC
Date ~City Manager \/
To: Andrea Dykes <Andrea.Dykes@carlsbadca.gov>; City Cle.rk <Cierk@carlsbadca.gov>
Cc: Mickey Williams <Mickey.Williams@carlsbadca.gov>
Subject: FW-'. adding chapter 8.90 to title 8
Andi and Sheila,
Please seethe message addressed to Council below.
Thank you,
Heather
Heather Stroud
Deputy City Attorney
.~ CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended
recipients(s) and may contain information protected by the attorney-client privilege, the attorney work product doctrine
or other applicable privileges or confidentiality laws or regulations. If you are not an intended recipient, you may not
review, use, copy, disclose or distribute this message or any of the information contained in this message to anyone. If
you are not the intended recipient, please contact the sender by reply email and destroy all copies ofthis message and
any attachments. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.
-----Original Message-----
From: Gabrielle Mestemather [mailto:
Sent: Tuesday, April25, 2017 10:03 AM
To: Heather Stroud <heather.stroud@CarlsbadCA.gov>
Subject: adding chapter 8.90 to title 8
> Dear City Council,
>
> If 57 percent of Carlsbad voters were in favor of prop 64, why propose everything is this ordinance?
>
> Many citizens I know voted for Prop 64 because we are in favor of the tax benefits to our state and city coffers.
>
1 Item #5 April 25, 2017 Page 36 of 42
> If I understand this proposed ordinance/ passage would prohibit Carlsbad from reaping any tax benefits from the state.
>
>The Fiscal Analysis in the Staff Report seems flawed to me.
>Yes/ the ordinance would change nothing/ but opting to regulate and tax any commercial marijuana activity could
provide tax revenue and make Carlsbad eligible for grant funds.
>Thus/ if approved~· this ordinance will make Carlsbad ineligible for those funds and that will have a fiscal impact. I
believe that c~tting off potential access to any funding which might be available to maintain our exemplary Police and
Fire Departments seems foolhardy.
>
>Why can1t the city regulate and approve each operation individually? For example/ Carlsbad might want to approve
laboratory testing facilities only and if a facility was near the safety center I doubt we1d worry about break ins.
>
> I respectfully request that you reconsider the language of this ordinance so that we do not lose out on potential
funding and more accurately reflect the will of the voters.
>
>Thank you.
>Gabrielle Mestemacher
>
> http:/ /www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BlobiD=33273
2 Item #5 April 25, 2017 Page 37 of 42
Morgen Fry
Heather Stroud From:.
Sent:
To:
Monday, April24, 2017 12:18 PM
lowell grimaud
Cc: Mickey Williams
Subject: RE: Impact of Prop 64, proposed Carlsbad new Law.
Dear Lowell:
Thank you for your comments. The proposed ordinance prohibits all commercial marijuana activities in Carlsbad
including the sale of marijuana. Regarding personal use, under state law, cities may prohibit outdoor culthia~ion at
residences but may not prohibit indoor cultivation of up to 6 plants. The proposed ordinance prohibits all outdoor
cultivation for personal use. Further, as stated in Section 8.90.030(C), "[n]othing in this chapter is intended to, nor shall
it be construed to, preclude any owner of real property from limiting or prohibiting marijuana cultivation by its tenants.·~
Effective November 9, 2016, state law allows smoking marijuana within a private residence. If your HOA desires to enact
additional regulations, I would encourage you to contact your HOA's attorney regarding your options.
Regards,
Heather Stroud
Deputy City Attorney
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended
recipients(s) and may contain information protected by the attorney-client privilege, the attorney work product doctrine
or other applicable privileges or confidentiality laws or regulations. If you are not an intended recipient, you may not
review, use, copy, disclose or distribute this message or any of the information contained in this message to anyone. If
you are not the intended recipient, please contact the sender by reply email and destroy all copies of this message and
any attachments. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.
-----Original Message-----
From: lowell grimaud [mailto:lo ]
Sent: Thursday, April20, 2017 10:52 AM
To: Heather Stroud <heather.stroud@CarlsbadCA.gov>
Subject: Impact of Prop 64, proposed Carlsbad new Law.
1 reside in a HOA, on the lagoon and need to know what the City of Carlsbad (Proposed revision of old City Law}
Specifically am concerned with the sale of, cultivation of indoors/outdoors, smoking of Marijuana In a HOA unit &
outside i.e.
patio or dock areas in our HOA.
1 Item #5 April 25, 2017 Page 38 of 42
Lowell Grimaud
Carlsbad CA.
HOA Board
2 Item #5 April 25, 2017 Page 39 of 42
Morgen Fry
From:
Sent:
To:
Cc:
Subject:
Dear Robin:
Heather Stroud
Monday, April24, 201711:57 AM
Robin Ferencz-Kotfica
Mickey Williams
RE: Marijuana Rules
Thank you for your comments. Section 8.90.030(C) of the Carlsbad ordinance is drafted to be consistent with California
. Health and Safety Code section 11362.2(b)(3), which allows cities to "completely prohibit persons from engaging in
actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 outdoors upon the grounds of a private
residence." Subdivision (a)(3) referenced in that code section is the cultivation of not more than six plants for personal
use.
Regards,
Heather Stroud
Deputy City Attorney
C! T'l 0 f
C~RLSBA~.
. Off1ce of the Crty Attorney
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From: Robin Ferencz-Kotfica [mailto:r ]
Sent: Saturday, AprillS, 2017 3:50PM
To: Heather Stroud <heather.stroud@CarlsbadCA.gov>; Mickey Williams <Mickey.Williams@carlsbadca.gov>
Subject: Marijuana Rules
Dear Carlsbad officials,
Thank you for sending me your recent communications. I have reviewed your proposed changes to the
ordinance regarding marijuana and have found an inconsistency in it regarding growing plants for personal
use, medical or otherwise.
Please note paragraph (2) (a) (2} that where the law says the following.
California Health and Safety Code:
11362.2.
1 Item #5 April 25, 2017 Page 40 of 42
(a) Personal cultivation of marijuana under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following
restrictions:
(1) A person shall plant, cultivate, harvest, dry, or process plants in accordance with local ordinances, if any, adopted in
accordance with subdivision (b).
(2) The living plants and any marijuana produced by the plants in excess of 28.5 grams are kept within the person's
private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a locked
space, and are not visible by normal unaided vision from a public place.
Your changes under Prohibited Activities section C. me11tions section 11362.2 of the law and changes it. There
is no requirement to grow plants indoors, but rather that it must be kept within the person's private
residence.
You should adjust your ordinance changes to comply with the law and say Marijuana grown within a person's
private residence, rather than "Marijuana grown indoors."
In addition to a small greenhouse, a small grow box would comply with the law, neither being indoors. It is
unlikely a sick person under doctor's supervision needing medical marijuana would want live plants inside
their homes, and for you to require it is inappropriate and in conflict with the State law.
Please make adjustments, and thank you for working on this.
Sincerely,
Robin Ferencz Kotfica
Carlsbad, CA 92011
' 2 Item #5 April 25, 2017 Page 41 of 42
Morgen Fry
From:
Sent:
To:
Cc:
Subject:
Morgen,
Council Internet Email
o.. Tuesday/ April 25/ 2017 9:25AM
Morgen Fry
City Clerk; Heather Stroud
FW: Customer E-Mail Inquiry
Please distribute to council regarding agenda #5.
Andi
From: noreply@convertcontacts.com [mailto:noreply@convertcontacts.com]
Sent: Tuesday, April25, 2017 7:46AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Customer E-Mail Inquiry
From
E-Mail
Phone
Date
Message
Athena Runner
04-25-2017 14:46:28
Dear City Council Members,
I'm writing to express my
support for changing the
municipal code to prohibit
commercial marijuana activity
and regulate the cultivation of
marijuana for personal use.
Sincerely, Athena Runner
1
All Receive -Agenda Item # 5
For the Information of the:
CITY COUNCIL
ACM ../ CA tf cc I
Date4{:2SfaCity Manager II
Item #5 April 25, 2017 Page 42 of 42
Heather Stroud, Deputy City Attorney
Mickey Williams, Police Captain
April 25, 2017
Marijuana Ordinance
Purpose and Intent
•Response to recent state law changes
•State licensing to begin by January 1, 2018
•Preserve status quo
•Maintain local control
•Avoid adverse secondary effects on community
State & Federal Law
•State Law: limited decriminalization
•Prop. 64
•Medical Cannabis Regulation & Safety Act
•Federal Law:
•Marijuana is a Schedule I drug
City’s Current Law
•No marijuana uses –permissive zoning
•CMC §21.05.080
•No business license if use violates federal law
•CMC §5.04.160
New Ordinance: Commercial Activities
•Express ban on commercial marijuana activity
•Dispensaries, cultivation, deliveries
•Processing, manufacturing, testing
•Any activity requiring state license
•Includes cooperatives and collectives
New Ordinance: Personal Use
•No smoking or ingesting in a public place
•No outdoor cultivation at private residence
•Indoor cultivation at private residence:
•Fully enclosed structure with locking doors
•Screened from view
Enforcement
•Public nuisance –CMC 6.16
•Administrative penalties –CMC 1.10
•Misdemeanor prosecution (CMC 1.08), except:
−Infractions under state law
−Qualified patients and primary caregivers
Staff Recommendation
•Introduce Ordinance
•Add chapter 8.90 (Marijuana) to
Title 8
•Amend §1.08.010 to make
violations misdemeanors