Council Committee Grapples with Marijuana Legalization Issues

Less than two weeks before the elections, City officials in Pasadena find themselves grappling with a host of issues to be decided upon as the state faces the likely passage of Prop 64, the “Adult Use of Marijuana Act” (AUMA), which would legalize adult recreational use and cultivation of marijuana in California.

As City Planning Director David Reyes described the situation, “The City needs to be ready. We need something on the books now,” noting that the proposition currently has a 60 percent probability of passing.

The City Council Economic Development and Technology Committee struggled with the issue Monday afternoon before deciding to recommend to the full council a temporary ban on outdoor cultivation of marijuana, should the proposition pass.

The committee recommendation hopes to present its recommendation to the full City Council at their next meeting, although it is possible the recommendation might not come before the council until after the elections.

As Reyes explained to the council, the new proposition would likely take nine or ten months to fully take effect, although personal use would be allowed November 9th, the day after the election.

“This is going to take a lot of work, we are just scratching the surface,” said Council member Andy Wilson.

“We will need to craft new ordinances soon after the elections,” concurred Reyes.

According to the presentation by Planning Department Management Analyst Guille Nuñez, staff had recommended to the committee to adopt an ordinance that would regulate the sale of recreational marijuana, similar to cigarette sales regulations. The regulations would include permitting, and restrictions on the number and locations of dispensaries in the city. The staff recommended a limit of seven retail outlets and new rules outlawing the location of dispensaries near schools.

Other regulations would include background checks and fingerprinting of operators and owners of marijuana outlets, and the creation of new operating standards for marijuana retail outlets.

The committee could also have banned retail sites completely within city limits, or allow marijuana sales in the city with no regulations at all.

Regulations regarding indoor and outdoor commercial cultivation were also suggested to the Committee, including Conditional Use Permits for growers, zoning regulations, density requirements which would limit the number of cultivation locations, as well as background checks and fingerprinting of proposed operators and owners of cultivation locations. The staff also recommended that operating standards, similar to the ones recommended for retail outlets, be developed.

As with retail sales, the Committee could also have voted to allow all cultivation within the city limits with no regulations, or completely ban any and all cultivation.

While a number of speakers pointed out the value of recreational marijuana sales to the committee (“This is hundreds of millions of dollars in revenue,” said one.), local police were quick to comment on the “hundreds of problems” that marijuana sales might create.

As Pasadena Police Lieutenant Jason Clawson pointed out, many homes used for indoor cultivation become ruined by the growing process and eventually develop mold and fungus problems, making them difficult to sell.

“Growers rent the homes for three times the rent, and then five years later, though they have made all this money, the cost of fixing the homes is far more than the owners might have earned,” he said.

Should the proposition pass, the State would establish an Office of Marijuana Control via the Department of Consumer Affairs, which would govern the industry from “seed to sale.” The State would also begin issuing licenses to all proposed marijuana dispensary businesses within City limits in late 2017, should Pasadena not adopt formal regulations, or pass an outright ban on marijuana sales.