Laserfiche WebLink
REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />DECEMBER 20, 2016 <br />TITLE: <br />ORDINANCE TO COMPLY WITH NEW STATE LAW <br />(PROP 64); ORDINANCE TO REGULATE INDOOR <br />CULTIVATION OF MARIJUANA FOR PERSONAL <br />USE; REQUIRE INDIVIDUALS OBTAIN RESIDENTIAL <br />CULTIVATION PERMIT SUBJECT TO REASONABLE <br />REGULATIONS; PROHIBIT INDOOR COMMERCIAL <br />AND OUTDOOR MARIJUANA CULTIVATION <br />(STRATEGIC PLAN 1; 3; 4; 5) <br />ITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ <br />As Recommended <br />❑ <br />As Amended <br />❑ <br />Ordinance on 1" Reading <br />❑ <br />Ordinance on 2"d Reading <br />❑ <br />Implementing Resolution <br />❑ <br />Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Adopt an ordinance amending Chapter 18 to limit indoor cultivation of marijuana to no <br />more than six (6) living marijuana plants by individuals 21 years of age or older for <br />personal use in a private residence or accessory structure within the City of Santa Ana per <br />Proposition 64. <br />2. Require individuals obtain a residential cultivation permit subject to reasonable <br />regulations. <br />3. Completely ban commercial and outdoor marijuana cultivation. <br />DISCUSSION <br />On December 15, 2015, the City adopted Ordinance No. NS -2889 banning the cultivation of <br />marijuana or medical marijuana anywhere in the City (Santa Ana Municipal Code Section 18- <br />620(e).) <br />On June 28, 2016, the Secretary of State certified Prop 64, the Control, Regulate, and Tax Adult <br />Use of Marijuana Act ('Prop 64") for the November 8, 2016 ballot. Prop 64, provides for the <br />legalization of non-medical (recreational) marijuana use. Specifically, Prop 64 authorizes <br />individuals 21 years of age or older to plant, cultivate, harvest, dry, or process no more than six <br />(6) living marijuana plants for personal use at a private residence. A city may enforce "reasonable <br />regulations" related to such marijuana cultivation but may not prohibit cultivation from occurring in <br />a private residence or accessory structure. However, cities are authorized to completely prohibit <br />50A-1 <br />