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BACKGROUND <br /> In 1996, voters adopted Proposition 215, the Compassionate Use Act. This <br /> decriminalized medical marijuana for qualified patients and their caregivers. In 2003, <br /> the State enacted the Medical Marijuana Program that provided for identification cards, <br /> set possession and cultivation limits. <br /> Due to reports and Pleasanton's concerns about crime', the city adopted a moratorium <br /> on medical marijuana dispensaries in 2005. In 2007, the City enacted Municipal Code <br /> Ch. 6.18 to prohibit medical marijuana dispensaries, while acknowledging that qualified <br /> patients may use medical marijuana in compliance with State law. Last year, in <br /> response to the State's Medical Marijuana Regulation and Safety Act, Municipal Code <br /> Ch. 6.18 was amended to prohibit medical marijuana licensing, cultivation and delivery <br /> due to similar health and safety concerns. <br /> DISCUSSION <br /> The Control, Regulate and Tax Adult Use of Marijuana Act (the "Adult Use of Marijuana <br /> Act"; "AUMA"; or "Proposition 64") would allow for recreational use of nonmedical <br /> marijuana by persons age 21 and older, as well as commercial cultivation, processing <br /> (manufacturing products, testing, packaging, etc.), retailing, distribution (including give- <br /> aways) and delivery, as well as provisions for industrial hemp. The AUMA does allow <br /> cities to adopt business or land use regulations prohibiting or regulating commercial <br /> nonmedical marijuana and hemp businesses. <br /> The proposed urgency ordinance (Attachment 1) would amend Municipal Code Chapter <br /> 6.18 to regulate commercial nonmedical marijuana and hemp businesses in the same <br /> manner as the City currently regulates medical marijuana by prohibiting any commercial <br /> cultivation, processing, retailing, distribution or delivery of commercial marijuana or <br /> hemp in Pleasanton. This is based on health and safety concerns raised in police <br /> reports from other communities that allow commercial cultivation and commercial <br /> delivery of medical marijuana. Such reports document that those activities have led to <br /> armed robberies, home invasions, environmental pollution, illegal use of water and <br /> electricity, odor from the plants, negative impacts to adjacent residents and property <br /> owners, as well as diversion to non-qualified persons, such as youth. <br /> The proposed urgency ordinance would prohibit commercial nonmedical marijuana and <br /> hemp cultivation, processing, retailing, distribution, deliveries and all other related <br /> activities that would be allowed under the AUMA. Because the AUMA provides for <br /> State licensing and regulation of commercial nonmedical marijuana and hemp activities, <br /> proposed ordinance broadly provides that any State-licensed commercial nonmedical <br /> marijuana and hemp activities are not permitted in the City. <br /> The AUMA, in addition to allowing commercial marijuana and hemp activities, also <br /> permits individuals age 21 and older to grow marijuana plants at their residence for <br /> Particularly armed robberies of medical marijuana dispensaries and dispensary staff; diversion of <br /> medical marijuana to non-qualified persons - especially youth; and impact to neighborhood safety when <br /> persons are cultivating, processing or selling medical marijuana from their homes because of resulting <br /> robbery and vagrancy. <br /> Page 2 of 3 <br />