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11A - ORD CANNABIS TAX
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11A - ORD CANNABIS TAX
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Last modified
8/30/2019 1:20:29 PM
Creation date
8/30/2019 1:19:02 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
11A
Date
9/3/2019
Destruction Year
2024
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D. In 2017, the Governor signed into law Senate Bill 94 also known as <br />Medicinal and Adult -Use Cannabis Regulation and Safety Act. <br />E. On November 9, 2017, the City Council created Chapter 40 of the Santa <br />Ana Municipal Code, allowing adult -use commercial cannabis retail businesses in the <br />city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal <br />Code to ensure consistency with State law and Chapter 40. <br />F. Since November 2014, the City of Santa Ana has permitted the retail sale <br />of cannabis for medicinal purposes and since January 2018 for adult -use purposes. <br />On March 20, 2018, the City Council adopted Ordinance NS-2941 and NS-2942, <br />allowing and regulating commercial cannabis testing laboratories. <br />G. On April 17, 2018, the City Council adopted Ordinance NS-2944 allowing <br />and regulating commercial cannabis cultivation, distribution, and manufacturing <br />activities. <br />H. On November 6, 2018, the voters of the City of Santa Ana approved <br />Measure Y (Ordinance NS-2962), establishing a tax on commercial cannabis business <br />activities except medicinal cannabis retail sales, which continue to be subject to taxes <br />under Measure BB. <br />I. The State of California continues to update its regulations on commercial <br />cannabis business licensing, resulting in the need for local jurisdictions to update and <br />amend local commercial cannabis ordinances from time to time. <br />J. The City Council of the City of Santa Ana intends that nothing in this Article <br />shall be deemed to conflict with federal law as contained in the Controlled Substances <br />Act, nor to otherwise permit any activity that is prohibited under that Act or other <br />applicable law. <br />K. The City of Santa Ana has a compelling interest in ensuring that cannabis <br />is not cultivated, manufactured or distributed in an illicit manner, in protecting the <br />public health, safety and welfare of its residents and businesses, in preserving the <br />peace and quiet of the neighborhoods in which these uses may operate, and in <br />providing access of cannabis to residents. <br />L. The City Council held a duly noticed public hearing on August 20, 2019 in <br />connection with consideration and adoption of this ordinance. <br />Section 2. This ordinance is adopted pursuant to the authority granted by the <br />California Constitution and State law, including but not limited to: Article IX, Section 7 of <br />the California Constitution, the Compassionate Use Act of 1996 (California Health and <br />11 A-2 <br />
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