Laserfiche WebLink
cannabis, and with the understanding that communities within San Mateo County <br />currently are taking local, rather than a region-wide, approach to these issues. <br /> <br />A. Local Regulatory Options <br /> <br />1) Personal Recreational Cannabis Cultivation: Regulate Indoor and/or <br />Ban or Regulate Outdoor <br /> <br />AUMA permits adults 21 years or older to plant up to six plants within a single private <br />residence (i.e. a home, apartment, mobile home or similar dwelling). Property owners, <br />including landlords, can prohibit cultivation on their property. Further, the City can <br />reasonably regulate, but cannot ban, personal indoor cultivation, and can ban or <br />regulate personal outdoor cultivation. If the City bans personal outdoor cultivation, it is <br />ineligible to receive state grant monies funded through the state excise tax. <br /> <br />Accordingly, staff requests that Council consider whether it wishes to (a) regulate <br />personal indoor cultivation and/or (b) regulate or ban personal outdoor cultivation. <br /> <br />For personal indoor cultivation, whether the building that houses the cultivation meets <br />certain health and safety requirements is of concern in light of the increased electricity <br />needed for indoor cultivation due to the lighting and temperature controls required. Fire <br />prevention issues must be carefully addressed with indoor cultivation. <br /> <br />For personal outdoor cultivation, security and aesthetics are of concern if the cultivation <br />is visible from other properties, especially the public right of way. Security is a particular <br />concern if the cultivation is visible from other properties or the right of way, as cannabis <br />plants have financial value and can easily be stolen. <br /> <br />2) Ban or Regulate Recreational Cannabis Business <br /> <br />AUMA establishes 19 different businesses license types pertaining to cultivation, <br />manufacturing, testing, retail and distribution. One of the business license types is for a <br />“microbusiness,” meaning the licensee is vertically integrated and has the State’s <br />permission to cultivate and to act as a manufacturer, distributor, and/or retailer. Local <br />jurisdictions may ban any or all of these license types. Local jurisdictions may also <br />adopt business and/or land use regulations pertaining to any or all of these license <br />types. If a local jurisdiction bans commercial cultivation or retail sale of cannabis, it is <br />ineligible to receive state grant monies funded through the state excise tax. <br /> <br />Accordingly, staff requests that Council consider whether it wishes to ban or adopt <br />business or land use regulations pertaining to cultivation, manufacturing, testing, retail <br />sales and distribution. <br /> <br />Cultivation <br /> <br />8.B. - Page 4