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THE CITY OF 1 gum °'N °,O CITY COUNCIL AGENDA REPORT pLEASANTON. October 4, 2016 City Attorney TITLE: CONSIDER AN URGENCY ORDINANCE TO AMEND PLEASANTON MUNICIPAL CODE CHAPTER 6.18 MEDICAL MARIJUANA TO INCLUDE THE SAME RESTRICTIONS ON RECREATIONAL MARIJUANA, EXCEPT TO ALLOW CULTIVATION OF UP TO SIX PLANTS INDOORS FOR PERSONAL USE AS MANDATED BY PROPOSITION 64 (THE "ADULT USE OF MARIJUANA ACT") SUMMARY At the November 8, 2016 general election, California voters will consider the Control, Regulate and Tax Adult Use of Marijuana Act (the "Adult Use of Marijuana Act"; "AUMA"; and "Proposition 64"). The AUMA is an initiative to: (a) legalize adult recreational nonmedical use and possession of marijuana; (b) allow persons to cultivate, process, sell and deliver non-medical marijuana for commercial purposes with State licenses; and (c) grow marijuana at private homes. If adopted, some of the provisions of the AUMA go into effect immediately on November 9, 2016. The proposed urgency ordinance would prohibit commercial marijuana activities (cultivation, processing, retailing, distribution and delivery) allowed by the AUMA. This is proposed as an urgency ordinance due to on-going concerns about crime associated with marijuana, as well as diversion to youth. Pleasanton already prohibits medical marijuana activities (see Municipal Code Chapter 6.18). These same prohibitions are proposed for commercial marijuana if the AUMA is adopted. The AUMA expressly preempts local governments' ability to prohibit growing marijuana at a residence for personal use. The proposed urgency ordinance follows the AUMA and allows growing up to six marijuana plants at home by a person age 21 or older for personal use, but limits such growing to indoor growing (not in garage space required to park vehicles) or non-visible outdoor growing in an enclosed greenhouse. RECOMMENDATION Adopt the attached urgency ordinance amending and renaming Municipal Code Chapter 6.18 (Marijuana and Hemp). An urgency ordinance requires a 415th vote. FINANCIAL STATEMENT No financial impact.