AgdaPkt 2017-10-23 Joint SA PFA - Laserfiche WebLink

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incorporated certain provisions of the MCRSA into the licensing provisions of the AUMA, and consolidated the state regulatory and licensing framework for medical and adult use cannabis. The consolidated provisions are known as the Medicinal and Adult - Use Cannabis Regulation and Safety Act (MAUCRSA). Under MAUCRSA, a local jurisdiction may reasonably regulate, but cannot ban, personal cultivation of up to six cannabis plants within a single private residence. A local jurisdiction may ban or regulate personal outdoor cultivation. Further, a local jurisdiction may ban or regulate all commercial cannabis activities, except for the lawful transportation of cannabis or cannabis products on public roads. The State has indicated that it will begin issuing licenses to medical and adult use cannabis businesses on January 2, 2018. Accordingly, local jurisdictions that wish to regulate or prohibit cannabis businesses should do so before the State begins issuing licenses. The State is currently developing emergency regulations under MAUCRSA to be in place by January 1, 2018. The Bureau of Cannabis Control has issued an Initial Study/Negative Declaration, which outlines their proposed emergency regulations. An excerpt from that document with the proposed regulations for the retail cannabis licenses is included as Attachment B. In general, the State regulations will detail which activities are allowed for each type of licensee (i.e. retail vs. manufacturing). For example, retail and microbusiness licenses are expected to be the only types that can deliver cannabis to customers. In addition, some of the proposed regulations for retail licensees include: • Only employees of licensed retailers who are aged 21 years and older will be able to make deliveries • Vehicles used for delivery must have a dedicated, active GPS device • Delivery employees will be limited in the amount of cannabis goods that they can carry at any time • Businesses will be required to have video surveillance and alarm systems in place to ensure security on site These regulations are in addition to those outlined in MAUCRSA itself including the requirement that no licensed facility may locate within 600 ft. of a school, day care or youth center. Cannabis Taxation The State excise tax of 15% on gross retail receipts of cannabis goes into effect on January 1, 2018. After reimbursing State agencies for the costs of regulation and implementation, the remaining revenues from this tax will go into the California Cannabis Tax Fund. K