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Page 3 of 6 <br />medical marijuana businesses completely. There are, however, two provisions in the <br />new legislation that require Redwood City’s specific consideration. <br /> <br />First, Health and Safety Code section 11362.777(c)(4), which is part of AB 243, <br />provides that if a city or county does not have a land use regulation or ordinance <br />prohibiting marijuana cultivation, either expressly or otherwise under principles of <br />permissive zoning, or chooses not to implement a regulatory scheme, then commencing <br />March 1, 2016, the state Department of Food and Agriculture will become the sole <br />licensing authority for cultivation applicants in that jurisdiction. If Redwood City does not <br />act to implement a land use regulation or ordinance prohibiting marijuana cultivation on <br />that timeline, it may not be able to regulate or control cultivation sites operating with a <br />state license. <br /> <br />Second, Business and Professions Code section 19340(a), which is part of AB 266, <br />states that medical marijuana deliveries can only be made by a state-licensed <br />dispensary in a city, county, or city and county that does not explicitly prohibit it by local <br />ordinance. Therefore, in order for Redwood City to prohibit medical marijuana <br />deliveries within City limits, it will need to enact an express ban. The City Attorney ’s <br />office does not recommend adopting a prohibition on medical marijuana deliveries on an <br />urgency basis at this time because the March 1st deadline does not apply to medical <br />marijuana deliveries. This recomendation is consistent with the Planning Commission’s <br />January 19th recommendation, which passed unanimously, on Article 59 Zoning <br />Ordinance amendments prohibiting marijuana cultivation and commercial cannabis <br />activities, but not medical marijuana deliveries. <br /> <br />The provision regarding marijuana cultivation requires immediate attention. In light of <br />the March 1st deadline and the applicable notice requirements for public hearings, <br />Redwood City has had very little time to consider and adopt a regular Zoning Ordinance <br />amendment regarding marijuana cultivation. Assemblyman Jim Wood, the author of AB <br />243, has stated that the March 1st deadline was left in the final version of AB 243 <br />inadvertently and has introduced legislation (AB 21) to delete it. The passage of AB 21, <br />however, is not certain at this point and has generated opposition from certain <br />marijuana advocates. The City Attorney’s office therefore recommends that Council <br />proceed as if the March 1st deadline will remain in effect. <br /> <br />For Redwood City, as with many other cities, it is not feasible to have a regular <br />ordinance regarding marijuana cultivation adopted and take effect before March 1st <br />given the timing of Planning Commission and City Council meetings and the complexity <br />of the issues involved. Instead, Redwood City can protect itself from ceding control of <br />marijuana cultivation to the state by adopting this interim ordinance to place a <br />moratorium on marijuana cultivation facilities and commercial cannabis activities while <br />9.A. - Page 3