HomeMy WebLinkAbout2017-09-12; City Council; ; Introduction of one of two alternative ordinances adding Chapter 8.90 (Cannabis) to Title 8 of the Carlsbad Municipal Code and amending Section 1.08.010 of Chapter 1.08 tCA Review lf-S
CITY COUNCIL
Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
Sept. 12, 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 one of two alternative ordinances adding Chapter 8.90
(Cannabis) to Title 8 of the Carlsbad Municipal Code to prohibit
commercial cannabis activity and regulate the cultivation of cannabis 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 one of two alternative ordinances adding Chapter 8.90 (Cannabis) to Title 8 of the
Carlsbad Municipal Code to prohibit commercial cannabis activity and regulate the cultivation
. of cannabis 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 cannabis activity through
permissive zoning, by which all uses not expressly allowed are prohibited. On April 25, 2017,
City Council first considered a proposed ordinance expressly prohibiting commercial cannabis
activity and regulating cultivation of cannabis for personal use. Instead of introducing the
version ofthe ordinance proposed at that time, City Council directed staff to research and
provide alternatives for (1) allowing cannabis research and development activities that are
permitted by the U.S. Drug Enforcement Administration; and (2) delivery of cannabis for
medical use. In addition to addressing these issues, the proposed alternative ordinances also
make several minor changes to be consistent with recently amended state law. The first
alternative ordinance permits commercial cannabis activities operating with federal approval,
and the second alternative ordinance additionally removes the blanket prohibition on delivery
to allow delivery of cannabis to occur from a primary caregiver to a qualified patient, in
accordance with state law.
The purpose ofthe two alternative ordinances is to preserve the status quo by expressly
prohibiting commercial cannabis activity. An express prohibition is advisable to preserve the
status quo because of three recent state laws: the Medical Cannabis Regulation and Safety Act,
effective January 1, 2016, the Adult Use of Marijuana Act, also known as Proposition 64,
effective November 9, 2016, and the Medicinal and Adult-Use Cannabis Regulation and Safety
Act, effective June 27, 2017. Together, these state laws create a state licensing and regulatory
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scheme for medical and non-medical cannabis. The state laws preserve local authority to
prohibit commercial cannabis activity. An express prohibition is desirable to preserve local
control and prevent the issuance of state licenses for cannabis businesses to operate in
Carlsbad. The state intends to begin issuing licenses under these laws by January 1, 2018.
Discussion
State and Federal Law
On October 9, 2015, Governor Jerry Brown signed three bills (AB 243, AB 266, and SB 643)
collectively known as the Medical Cannabis Regulation and Safety Act, which became effective
on January 1, 2016. This law requires state licenses for the cultivation and delivery of medical
cannabis, but preserves local authority to prohibit these activities. Any local prohibition of
delivery of medical cannabis must be explicit in order to preclude the state from issuing licenses
to deliver within a city's jurisdiction.
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 cannabis, possession of up to 28.5 grams of
cannabis (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 cannabis in any public place and while driving or
riding in a motor vehicle. It also prohibits smoking cannabis 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 cannabis
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 cannabis businesses to operate in Carlsbad.
On June 27, 2017, the Medicinal and Adult-Use Cannabis Regulation and Safety Act became
effective. This law consolidated the medical cannabis provisions from the Medical Cannabis
Regulation and Safety Act and the adult-use provisions from Proposition 64 to provide a single
state regulatory scheme.
The federal Controlled Substances Act, 21 U.S.C. section 801 to 889, makes it unlawful to
manufacture, distribute, dispense, or possess cannabis. Under a 2014 memorandum from the
U.S. Department of Justice, federal enforcement priorities focused on more serious cannabis-
related crimes such as distribution to minors, preventing revenue from going to large-scale
criminal enterprises, preventing diversion of cannabis from states where it is legal to other
states, and preventing violence and the use of firearms in cultivation and distribution of
cannabis. It is unclear what enforcement position the current administration will take on this
issue.
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The City's Current Prohibition on Commercial Cannabis Activities
The city currently prohibits all commercial cannabis 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 cannabis-related uses or cannabis businesses among
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 ofthe Carlsbad Municipal Code as a
permissive zoning code and has relied upon its permissive zoning code to prohibit cannabis
related uses, medical cannabis related land uses and medical cannabis 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 cannabis.
While the city has been drafting its regulations preserving its current ban on commercial
activities, the city has also received a citizens' initiative intended to change Carlsbad's laws to
allow for commercial activities related to cannabis.
The Potential Effect of a Citizens' Initiative
On July 27, 2017, the city clerk received a notice of intent to circulate a citizens' initiative from
the Association of Cannabis Professionals that would amend Title 21 of the Carlsbad Municipal
Code to allow commercial cannabis activities, including retail sales, cultivation, manufacturing,
distribution, and delivery, in certain zones and subject to certain operational regulations with a
conditional use permit (CUP}. The city attorney prepared the ballot title and summary as
required by California Elections Code section 9203. If the initiative proponents fulfill the state
law requirements to have the initiative placed on a ballot, and if the initiative passes, then the
portions of the proposed alternative ordinances that are inconsistent with the initiative would
have to be amended. The following table compares the proposed alternative ordinances with
the citizens' initiative.
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Ordinance Option 1 Ordinance Option 2 Citizens' Initiative
(allowing federally (allowing federally
permitted activities) permitted activities
and limited medical
delivery)
Retail Sale Not allowed Not allowed Allowed with CUP in
C-2, C-T, C-M zones
Commercial Not allowed* Not allowed* Allowed with CUP in
Cultivation M and P-M zones
Manufacturing Not allowed* Not allowed* Allowed with CUP in
M and P-M zones
Distribution Not allowed Not allowed Allowed with CUP in
M, P-M, and P-M/0
zones
Delivery Not allowed Allowed from Allowed
primary caregiver to
qualified patient
Personal Cultivation Up to 6 plants Up to 6 plants Qualified patients
allowed indoors at a allowed indoors at a may cultivate up to
private residence private residence 100 square feet
indoors; primary
caregivers may
cultivate up to 500
square feet indoors
Using in Public Not allowed Not allowed Not addressed
Enforcement Misdemeanor Misdemeanor except Not addressed
except where where preempted by
preempted by state state law
law
*Except as approved by the U.S. Drug Enforcement Administration or the U.S. Food and Drug
Administration.
Because the city cannot tell whether the citizens' initiative will pass, staff recommends that City
Council continue with its desired regulation so that the rules will be in place by January 1, 2018,
when the state begins to issue licenses.
Reasons to Continue Prohibition of Commercial Cannabis Activities in Carlsbad
Courts have recognized that commercial cannabis activity has 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 cannabis 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 cannabis 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
Page 134
targets for a disproportionate amount of violent crime including robberies and burglaries, and
they attract loitering and cannabis smoking on or near the premises).
Prohibition of commercial cannabis activity prevents these adverse secondary effects and the
blighting or degradation of neighborhoods in the vicinity of commercial cannabis activity while
protecting the rights of individuals who desire to use cannabis within a private residence as
authorized under Proposition 64.
Cannabis-related activities have resulted in crimes committed in Carlsbad including the
following:
• The Police Department has shut down two medical cannabis dispensaries that were
operating illegally.
• In Spring 2016, the Police Department arrested a suspect caught supplying cannabis to
high-school-aged youths through a delivery service, and recovered $3,000 and 5.5
pounds of cannabis.
• In November 2016, the Police Department responded to an explosion caused by a
chemical cannabis 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 cannabis on site.
• In February 2017, a cannabis 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.
• In July 2017, the Police Department responded to a residential fire caused by chemical
cannabis extraction. The officers found butane honey oil manufacturing products, over
50 cannabis plants, and a short barreled shotgun.
Permitting commercial cannabis activities in Carlsbad would increase the availability of
cannabis and risk increasing these types of crimes and the demand on the Police Department
and other enforcement staff. One study by a federally funded inter-agency law enforcement
group found that Colorado, which legalized medical cannabis in 2009 and "recreational"
cannabis in 2013, has experienced secondary effects such as increases in property and violent
crimes, cannabis-related traffic deaths, youth cannabis use, and cannabis-related emergency
room admissions. See Rocky Mountain High Intensity Drug Trafficking Area, The Legalization of
Marijuana in Colorado: The Impact (vol. 4, Sept. 2016). Another report from Colorado
concluded that cannabis use by adolescents had not changed since legalization. Colorado
Department of Public Health, Monitoring Health Concerns Related to Marijuana in Colorado:
2016. There does not appear to be clear consensus on the impacts of cannabis legalization at
this time.
The state does not have its regulatory and licensing program in place yet. Preserving the ban on
commercial cannabis activities in the meantime would allow time for the state to establish and
implement its programs under the Medicinal and Adult-Use Cannabis Regulation and Safety
Act, and to observe their operation in other jurisdictions before deciding whether to eventually
permit these activities in Carlsbad. Finally, despite recent changes in state law, cannabis
remains illegal under federal law.
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The Proposed Alternative Ordinances
In both alternatives, Chapter 8.90, titled "Cannabis," would be added to Title 8 (Public Peace,
Morals and Safety) ofthe Carlsbad Municipal Code. Each ordinance would expressly prohibit all
commercial cannabis activity in the city including cultivation, manufacturing, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation, distribution,
delivery, and sale of cannabis requiring a state license, except as approved by the U.S. Drug
Enforcement Administration or the U.S. Food and Drug Administration.
Ordinance Option 2 deletes the broad prohibition on delivery of cannabis that is in Subsection
8.90.030(B) of Ordinance option 1. The effect ofthis deletion would be to allow delivery of
cannabis from a primary caregiver to a qualified patient, which does not require a state license
under California Business and Professions Code section 26033.
Both alternative ordinances 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 cannabis is completely screened
from view from public places and neighboring properties. The ordinances would expressly
prohibit smoking or ingesting cannabis in any public place, consistent with Proposition 64.
In both alternatives, 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 fiscal impact.
Opting to regulate and tax commercial cannabis 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 cultivation at a private residence, or ttie retail sale of cannabis are ineligible
to receive these grant funds.
Next Steps
At the direction of City Council, adoption of one of the proposed alternative ordinances 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.
In the event the citizens' initiative is passed by Carlsbad voters, additional amendments to the
Carlsbad Municipal Code may be required to assure consistency with the adopted law.
Page 136
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
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Ordinance Option 1 (allowing federally permitted activities): Ordinance adding Chapter 8.90
to Title 8 ofthe 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 Ordinance Option 1.
3. Ordinance Option 2 (allowing federally permitted activities and allowing deliveries from
primary caregivers to qualified patients): 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.
4. Redline/strikeout version of Ordinance Option 2.
\
Page 137
ORDINANCE NO. CS-323
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADDING CHAPTER 8.90 (CANNABIS) TO TITLE 8 OF THE
CARLSBAD MUNICIPAL CODE TO PROHIBIT COMMERCIAL CANNABIS
ACTIVITY AND REGULATE THE CULTIVATION OF CANNABIS 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 cannabis 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 cannabis, except as part of a research study
approved by the U.S. Food and Drug Administration and with U.S. Drug Enforcement Administration
registration; and
WHEREAS, in 1996, California voters approved Proposition 215, codified as California Health
and Safety Code sections 11362.5 et seq., entitled the Compassionate Use Act, to ensure that seriously
ill individuals have the right to obtain and use cannabis for medical purposes when recommended by
a physician, and to exempt qualified patients and their primary caregivers from criminal prosecution
under state law; and
WHEREAS, in Gonzales v. Raich, 545 U.S. 1 (2005), the United States Supreme Court held that
cannabis, including where used for medical purposes, violates federal law under the Controlled
Substances Act, such that Federal law enforcement agents may continue to enforce the Controlled
Substance Act against Californians who use cannabis for medical purposes; and
WHEREAS, on January 1, 2016, the California Medical Cannabis Regulation and Safety Act
became effective, requiring cities desiring to ban delivery of cannabis 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 cannabis at a private residence
and creating a state licensing and regulatory scheme for various commercial cannabis activities; and
WHEREAS, on June 27, 2017, the Medicinal and Adult-Use Cannabis Regulation and Safety Act
became effective, establishing a single state regulatory structure for both medicinal and adult-use
cannabis; and
WHEREAS, state law preserves cities1 authority to prohibit commercial cannabis 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 cannabis activity to avoid the issuance of state licenses for commercial cannabis 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, cannabis-related activities have resulted in crimes committed in Carlsbad including
illegally operating dispensaries, delivery and sale of cannabis to youths, an explosion at an apartment
building from a large-scale chemical cannabis extraction process, the robbery of a cannabis delivery
driver at gunpoint, and a fire at a residence from commercial cannabis extraction; and
WHEREAS, permitting commercial cannabis activities in Carlsbad would increase the availability
of cannabis and risk increasing cannabis-related crimes and other undesirable secondary effects such
as cannabis-related traffic deaths, youth cannabis use, and cannabis-related emergency room
admissions.
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 CANNABIS
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 cannabis 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 cannabis within Carlsbad city limits to the fullest extent of
the law. Commercial cannabis 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
Page 139
ofthe commercial cannabis 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 cannabis
activity as a result of increases in crime, litter, noise, and vandalism; and the deterioration of
neighborhoods. Prohibition of commercial cannabis activity is necessary to prevent these
adverse secondary effects and the blighting or degradation of the neighborhoods in the
vicinity of commercial cannabis activity while at the same time protecting the rights of those
individuals who desire to use cannabis 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 Cannabis Regulation and Safety Act of 2015, the Adult Use of Marijuana Act
of 2016, and the Medicinal and Adult-Use Cannabis Regulation and Safety Act of 2017.
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 cannabis activity" means any cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation, distribution,
delivery, or sale of cannabis requiring a license from the State under Division 10 of the
California Business and Professions Code, whether or not carried on for profit and including
medical cannabis cooperatives and collectives, except as approved by the U.S. Drug
Enforcement Administration or the U.S. Food and Drug Administration.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
"Delivery" means the transfer of cannabis, including the use of any technology platform to
arrange for or facilitate the transfer of cannabis, by any business, cooperative, or collective,
whether or not carried on for profit, to or from any location within the City of Carlsbad.
"Cannabis" 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, whether crude or purified; 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. "Cannabis" 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
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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 cannabis activity is prohibited within the City of Carlsbad. No person shall
engage in any commercial cannabis activity. No permit, license, or other authorization shall be
issued for any commercial cannabis activity. This prohibition does not apply to the carriage of
cannabis on public roads in the City of Carlsbad to the limited extent required by Sections
26080(b) and 26090(e) of the California Business and Professions Code.
B. To the extent not already covered by subsection A, delivery of cannabis is prohibited.
No person shall conduct delivery or participate in the delivery of cannabis.
C. Cultivation of cannabis is prohibited, except indoors at a private residence as
authorized by Section 11362.2(a) of the California Health and Safety Code. Cannabis 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 cannabis cultivation by its tenants.
D. No person shall smoke or ingest cannabis 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 1.08.010(() 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.
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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
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 ofthe 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}
Page 142
EXHIBIT 2
Redline/Strikeout Version of Ordinance {Option 1)
New language is underlined and deleted language is struck out
Changes since version considered at City Council meeting on April 25, 2017 are highlighted
Chapter 8.90 CANNABIS
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 cannabis 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 cannabis within Carlsbad city limits to the fullest extent of
the law. Commercial cannabis 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 cannabis 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 cannabis
activity as a result of increases in crime, litter, noise, and vandalism; and the deterioration of
neighborhoods. Prohibition of commercial cannabis activity is necessary to prevent these
adverse secondary effects and the blighting or degradation of the neighborhoods in the
vicinity of commercial cannabis activity while at the same time protecting the rights of those
individuals who desire to use cannabis 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 Cannabis Regulation and Safety Act of 2015, the Adult Use of Marijuana Act
of 2016, and the Medicinal and Adult-Use Cannabis Regulation and Safety Act of 2017.
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 cannabis activity" means any cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation, distribution,
delivery, or sale of cannabis requiring a license from the State under Division 10 of the
California Business and Professions Code, whether or not carried on for profit and including
medical cannabis cooperatives and collectives, except as approved by the U.S. Drug
Enforcement Administration or the U.S. Food and Drug Administration.
Page 143
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
"Delivery" means the transfer of cannabis, including the use of any technology platform to
arrange for or facilitate the transfer of cannabis, by any business, cooperative, or collective,
whether or not carried on for profit, to or from any location within the City of Carlsbad.
"Cannabis" 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, whether crude or purified; 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. "Cannabis" 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 cannabis activity is prohibited within the City of Carlsbad. No person shall
engage in any commercial cannabis activity. No permit, license, or other authorization shall be
issued for any commercial cannabis activity. This prohibition does not apply to the carriage of
cannabis on public roads in the City of Carlsbad to the limited extent required by Sections
26080(b) and 26090(e) of the California Business and Professions Code.
B. To the extent not already covered by subsection A, delivery of cannabis is prohibited.
No person shall conduct delivery or participate in the delivery of cannabis.
C. Cultivation of cannabis is prohibited, except indoors at a private residence as
authorized by Section 11362.2(a) of the California Health and Safety Code. Cannabis 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 cannabis cultivation by its tenants.
D. No person shall smoke or ingest cannabis 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.
Page 144
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 1.08.010(() 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.
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.
Page 145
EXHIBIT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADDING CHAPTER 8.90 (CANNABIS) TO TITLE 8 OF THE
CARLSBAD MUNICIPAL CODE TO PROHIBIT COMMERCIAL CANNABIS
ACTIVITY AND REGULATE THE CULTIVATION OF CANNABIS 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 cannabis 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 cannabis, except as part of a research study
approved by the U.S. Food and Drug Administration and with U.S. Drug Enforcement Administration
registration; and
WHEREAS, in 1996, California voters approved Proposition 215, codified as California Health
and Safety Code sections 11362.5 et seq., entitled the Compassionate Use Act, to ensure that seriously
ill individuals have the right to obtain and use cannabis for medical purposes when recommended by
a physician, and to exempt qualified patients and their primary caregivers from criminal prosecution
under state law; and
WHEREAS, in Gonzales v. Raich, 545 U.S. 1 (2005), the United States Supreme Court held that
cannabis, including where used for medical purposes, violates federal law under the Controlled
Substances Act, such that Federal law enforcement agents may continue to enforce the Controlled
Substance Act against Californians who use cannabis for medical purposes; and
WHEREAS, on January 1, 2016, the California Medical Cannabis Regulation and Safety Act
became effective, requiring cities desiring to ban commercial delivery of cannabis 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 cannabis at a private residence
and creating a state licensing and regulatory scheme for various commercial cannabis activities; and
WHEREAS, on June 27, 2017, the Medicinal and Adult-Use Cannabis Regulation and Safety Act
became effective, establishing a single state regulatory structure for both medical and adult-use
cannabis; and
Page 146
WHEREAS, state law preserves cities' authority to prohibit commercial cannabis 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 ~ut 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 cannabis activity to avoid the issuance of state licenses for commercial cannabis 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, cannabis-related activities have resulted in crimes committed in Carlsbad including
illegally operating dispensaries, delivery and sale of cannabis to youths, an explosion at an apartment
building from a large-scale chemical cannabis extraction process, the robbery of a cannabis delivery
driver at gunpoint, and a fire at a residence from chemical cannabis extraction; and
WHEREAS, permitting commercial cannabis activities in Carlsbad would increase the availability
of cannabis and risk increasing cannabis-related crimes and other undesirable secondary effects such
as cannabis-related traffic deaths, youth cannabis use, and cannabis-related emergency room
admissions.
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 CANNABIS
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 cannabis 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 commercial
cultivation, delivery, distribution, and sale of cannabis within Carlsbad city limits to the fullest
extent of the law. Commercial cannabis activity has judicially recognized adverse secondary
effects on the community including, but not limited to, increases in crime in the vicinity of or
Page 147
as a result of the commercial cannabis 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
cannabis activity as a result of increases in crime, litter, noise, and vandalism; and the
deterioration of neighborhoods. Prohibition of commercial cannabis activity is necessary to
prevent these adverse secondary effects and the blighting or degradation of the
neighborhoods in the vicinity of commercial cannabis activity while at the same time
protecting the rights of those individuals who desire to use cannabis 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 Cannabis Regulation and Safety Act of 2015, the Adult Use of Marijuana Act
of 2016, and the Medicinal and Adult-Use Cannabis Regulation and Safety Act of 2017.
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 cannabis activity" means any cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation, distribution,
delivery, or sale of cannabis requiring a license from the State under Division 10 of the
California Business and Professions Code, whether or not carried on for profit and including
medical cannabis cooperatives and collectives, except as approved by the U.S. Drug
Enforcement Administration or the U.S. Food and Drug Administration.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
"Cannabis" means all parts ofthe plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified,
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. "Cannabis" 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.
Page 148
"Private residence" means a house, an apartment unit, a mobile home, or other similar
dwelling unit.
8.90.030 Prohibited Activities.
A. Commercial cannabis activity is prohibited within the City of Carlsbad, no person shall
engage in any commercial cannabis activity, and no permit, license, or other authorization
shall be issued for any commercial cannabis activity. This prohibition does not apply to the
carriage of cannabis on public roads in the City of Carlsbad to the limited extent required by
Sections 26080(b) and 26090(e) of the California Business and Professions Code.
B. Cultivation of cannabis is prohibited, except indoors at a private residence as
authorized by Section 11362.2(a) of the California Health and Safety Code. Cannabis 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 cannabis cultivation by its tenants.
C. No person shall smoke or ingest cannabis 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 1.08.010(() 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 ofthis 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),
Page 149
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
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
MATI HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
Page 150
EXHIBIT 4
Redline/Strikeout Version of Ordinance (Option 2)
New language is underlined and deleted language is struck out
Changes since version considered at City Council meeting on April 25, 2017 are highlighted
Chapter 8.90 CANNABIS
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 cannabis 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 commercial
cultivation, delivery, distribution, and sale of cannabis within Carlsbad city limits to the fullest
extent of the law. Commercial cannabis 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 cannabis activity; increases of fraud in obtaining or using state-
issued identification cards and licenses; interference with residential property owners'
enjoyment oftheir properties when such properties are located in the vicinity of commercial
cannabis activity as a result of increases in crime, litter, noise, and vandalism; and the
deterioration of neighborhoods. Prohibition of commercial cannabis activity is necessary to
prevent these adverse secondary effects and the blighting or degradation of the
neighborhoods in the vicinity of commercial cannabis activity while at the same time
protecting the rights of those individuals who desire to use cannabis 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 Cannabis Regulation and Safety Act of 2015, the Adult Use of Marijuana Act
of 2016, and the Medicinal and Adult-Use Cannabis Regulation and Safety Act of 2017.
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 cannabis activity" means any cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation, distribution,
delivery, or sale of cannabis requiring a license from the State under Division 10 of the
California Business and Professions Code, whether or not carried on for profit and including
medical cannabis cooperatives and collectives, except as approved by the U.S. Drug
Enforcement Administration or the U.S. Food and Drug Administration.
Page 151
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified,
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. "Cannabis" 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 cannabis activity is prohibited within the City of Carlsbad, no person shall
engage in any commercial cannabis activity, and no permit, license, or other authorization
shall be issued for any commercial cannabis activity. This prohibition does not apply to the
carriage of cannabis on public roads in the City of Carlsbad to the limited extent required by
Sections 26080(b) and 26090(e) of the California Business and Professions Code.
B. Cultivation of cannabis is prohibited, except indoors at a private residence as
authorized by Section 11362.2(a) of the California Health and Safety Code. Cannabis 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 cannabis cultivation by its tenants.
C. No person shall smoke or ingest cannabis 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.
Page 152
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)(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.
Page 153
Sheila Cobian
To: Sheila Cobian
Subject: FW: Marijuana Calls
From: Cindy Anderson <Cindy.Anderson@carlsbadca.gov>
Date: Tuesday, September 12, 2017 at 12:55 PM
To: Neil Gallucci <Neil.Gallucci@carlsbadca.gov>, Celia Brewer <Celia.Brewer@carlsbadca.gov>
Subject: Marijuana Calls
Please see below for a breakdown of all calls in CAD where marijuana was mentioned (September 2016 -September
2017). Thank you.
300 calls for service
• 277 dispatched calls
o 21% citizen complaint of marijuana use
o 17% noise complaint
o 17% welfare check
o 13% suspicious or unwanted person
o 3% assist Fire Department
o 3% DUI
• 23 officer-initiated calls (traffic stops, subject stops)
70 crime reports taken
Notable incidents:
• 2 dispensary driver robberies (only 1 official report)
• 1 lab explosion
(Breakdown of reports by type)
CALL TYPE TOTAL %
Drug Use 19 27%
Noise Complaint 16 23%
Domestic Violence 5 7%
Found Property 3 4%
(drug paraphernalia)
Missing Adult at Risk 2 3%
Burglary 2 3%
Suspicious Person 2 3%
Traffic Stop 2 3%
Traffic Collision 2 3%
Welfare Check 2 3%
Robbery 1 1%
Attempt Suicide 1 1%
Shoplift 1 1%
Mental Health Call 1 1%
Trespassing 1 1%
Drunk in Public 1 1%
1
Agency Assist
Check Vehicle
Fire
Follow Up
Person w/ Weapon
Runaway Juvenile
Suspicious Gire
TRO Violation
Unwanted Person
Cindy Anderson
Senior Management Analyst
Carlsbad Police Department
2560 Orion Way
Carlsbad, CA 92010
P: (760} 931-2170
1
1
1
1
1
1
1
1
1
F: (760} 931-8473
cindy.anderson@carlsbadca.gov
1%
1%
1%
1%
1%
1%
1%
1%
1%
2
Heather Stroud, Deputy City Attorney
Mickey Williams, Police Captain
September 12, 2017
Cannabis Ordinance
City’s Current Law
•No cannabis uses –permissive zoning
•CMC §21.05.080
•No business license if use violates federal law
•CMC §5.04.160
State & Federal Law
•State Law: limited decriminalization
•Prop. 64
•Medical Cannabis Regulation & Safety Act
•Medicinal and Adult-Use Cannabis Regulation & Safety Act
•Federal Law: Marijuana is a Schedule I drug
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
Background
•April 25, 2017: City Council considered ordinance
•Council direction to provide alternatives:
•(1) Allowing R&D permitted by DEA/FDA
•(2) Delivery for medical use
Alternative Ordinances
•Options 1 and 2:
•Prohibit commercial cannabis activity requiring a state license, except as approved by DEA/FDA
•Prohibit outdoor cultivation for personal use
•Prohibit using cannabis in any public place
Alternative Ordinances (cont’d)
•Options 1 and 2: Violations are public nuisance
and subject to prosecution as misdemeanor
•Option 2: deletes broad prohibition on delivery
•Allows delivery from primary caregiver to
qualified patient
Citizens’ Initiative
•Association of Cannabis Professionals
•Would allow commercial cannabis activities with CUP: retail sale, cultivation, manufacturing, distribution, delivery
•Signatures due Feb. 6, 2018 to place on ballot in special (15%) or regular (10%) election
Staff Recommendation
•Introduce one of alternative ordinances
•Add chapter 8.90 (Cannabis) to Title 8
•Amend §1.08.010 to make violations misdemeanors