75B - PH COMMERCIAL CANNIBIS - Laserfiche WebLink

Home Browse Search

Ordinance Amendment No. 2017-03 — Create Chapter 40 in the Santa Ana Municipal Code (Commercial Cannabis Excepting Medicinal Retail) October 17, 2017 Page 2 the Adult Use of Marijuana Act (AUMA). The AUMA immediately legalized the possession, use, and cultivation of up to six mature cannabis plants at a residence for personal use. Following Proposition 64's passage, the California legislature adopted SB 94 which merged and streamlined many of the standards and license types for medicinal- and adult -use cannabis. Both Proposition 64 and SB 94 provide for the following types of commercial cannabis activities: • Testing • Cultivation • Manufacturing/Processing • Retail • Distribution (Wholesale) • Microbusiness Significance and Enforcement Background Local jurisdictions such as the City of Santa Ana must adopt an ordinance to establish a regulatory framework for cannabis related activities. If the City fails to adopt an ordinance on commercial cannabis activities by January 1, 2018, the City could lose control over local land decisions and commercial cannabis businesses may be able to operate legally. The City of Santa Ana and its community have benefited from the successes brought by Measure BB. Through Measure BB, the City has been able to responsibly allow and regulate the medicinal cannabis retail industry. Measure BB has generated significant revenue through gross receipts taxes that have funded enforcement efforts by the Santa Ana Police Department, Code Enforcement, the City Attorney's Office, and the Finance & Management Services Agency. Of the roughly 120 illegal dispensaries open prior to Measure BB, 85 percent were successfully shutdown and additional properties are in receivership in an effort to close outstanding illegal operators. The ordinance under consideration will allow the City to continue its success of responsibly allowing and regulating additional commercial cannabis business activities in industrial areas. Following analysis of the impacts of Proposition 64 and SB 94 on Santa Ana, in September 2017, the City embarked on an extensive outreach campaign to respond to community questions and concerns surrounding the passage of Proposition 64 and to solicit input prior to drafting this ordinance. Commercial Cannabis was added as a topic of discussion in eight Neighborhood Association meeting agendas; staff attended these meetings and met with approximately 180 residents. The feedback and input shared at these meetings varied from supporting expanded cannabis uses to opposition; those opposed to commercial cannabis were against all types (medicinal and adult -use). The majority of those in support were for both medicinal and adult -use activities. All groups raised questions regarding the potential impact of commercial cannabis activity. Also, the groups supported maintaining commercial cannabis activities in industrial zones. 75B-2