In less than 30 days, Los Alamitos will officially prohibit cultivation of cannabis by medical marijuana patients within the city limits as well as the use of medical cannabis, either for commercial or personal use.
It was a race against the clock as Los Al’s City Council held hearings in December and January for the new city ordinance, which needs to take effect before March 1, 2016.
The reason for the March deadline is due to three State bills passed last year by California Governor Jerry Brown dubbed the Medical Marijuana Regulation and Safety Act (MMRSA).
In the Act, it requires cities to clearly prohibit cultivation use by March 1 through the City’s Zoning Code or give up licensing power to the State.
The Act sets up a dual licensing program, which allows cultivation of medical cannabis as well as commercial medical cannabis activities if both a State and local license are acquired.
By adopting the new ordinance, Los Alamitos takes control of medical marijuana regulation in the city by prohibiting “any permit, license, or other entitlement for any activity for which a State license is required under the MMRSA,” as stated in a city staff report.
Also, by passing the ordinance, Los Alamitos retains the option to modify the law and adopt new regulations in the future.
The delivery of medical cannabis is also prohibited by the ordinance. That includes any deliveries that begin or end in Los Alamitos.
At a public hearing on the issue during a planning commission meeting in November, a representative of the police department disclosed that in 2013 there were six robberies related to medical marijuana deliveries in Los Alamitos.
The MMRSA has a deadline of Jan 1, 2018 to adopt regulations on delivery of medical marijuana.
Before the ordinance came across the city council, it was introduced through a public hearing held by the planning commission on Nov. 18 of last year.
Following the hearing, the planning commission passed a resolution to recommend that the city council adopt the ordinance.
Los Al City Council’s first reading of the ordinance took place on Dec. 14 and the second reading took place Jan 19.
Thirty days after an ordinance’s second reading, the ordinance comes into effect as law.
In the city’s staff report, it states “citywide prohibition is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells and indoor electrical fire hazards that may result from such activities.”
Cypress
Currently, the City of Cypress prohibits the establishment of medical marijuana dispensaries throughout the city.
What is not prohibited is the cultivation of medical marijuana.
Cypress is also under the upcoming deadline of March 1, and held its first hearing of an ordinance prohibiting the cultivation of marijuana within the city limits on Jan. 11.
The city council voted 5-0 in favor of the ordinance at its first hearing. The second hearing is set for Jan. 25.
If unanimously favored again, the ordinance will come into effect 30 days after the second reading.
La Palma
The city council held it’s second reading of an ordinance titled “Cannabis Related Businesses” on Jan. 19.
La Palma also looks to retain its control on the regulation of marijuana cultivation and marijuana dispensaries.
La Palma already banned any form of cannabis activity including cultivation by qualified patients back in 2008. The ordinance is just a way of reasserting those bans by amending the city’s zoning code to reflect that.
