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How Does Proposition 64 Affect the City of Davis?

Proposition 64 Passes - What Does the Legalization of Marijuana Mean for Davis Residents?

Post Date:November 10, 2016 4:59 p.m.

Effective November 9, 2016, the adult use of marijuana by persons 21 and over is legal in California. Proposition 64 allows California residents 21 and older to legally possess up to an ounce (28.5 grams) of marijuana or up to 8 grams of concentrated marijuana products. The passage of Proposition 64 also allows for a California resident to grow up to six marijuana plants at their home. Proposition 64 does allow for jurisdictions to regulate or prohibit commercial marijuana businesses, regulate or prohibit outdoor marijuana cultivation, and regulate indoor marijuana cultivation.

Commercial Marijuana and Outdoor Cultivation
In anticipation of potential voter approval of the Adult Use of Marijuana Act, at their November 1, 2016 meeting, the Davis City Council approved an interim moratorium on the establishment, creation, or expansion of commercial marijuana uses, and the prohibition of outdoor cultivation of cannabis (marijuana).  City staff will be developing regulations for City Council consideration related to outdoor cultivation, dispensaries, manufacturing, research and development, bakeries, and mobile delivery of marijuana and related products.  In the coming weeks, City staff will be bringing forward a work plan to the City Council that outlines a process for regulation development inclusive of public engagement on the matter.

Medical Marijuana
The interim moratorium does not affect or seek to restrict the rights granted to medical patients within this community under Proposition 215 and Senate Bill 420, which recognizes the rights of patients and caregivers to associate under the form of collectives or cooperatives, for their medical marijuana needs.

Use of Marijuana in Public Spaces
In addition to the interim moratorium, the City Council passed an Urgency Ordinance to prohibit smoking of non-medical marijuana in all public places and publically accessible places.

Additional Information & Resources

City of Davis Zoning Regulations Related to Medical Marijuana – http://cityofdavis.org/home/showdocument?id=5826

Urgency Ordinance No. 2488 – Marijuana Interim Zoning Moratorium –
http://documents.cityofdavis.org/Media/CityCouncil/Documents/PDF/CDD/Planning/Forms/ORD-2488-Urgency-Interim-Zoning-Marijuana-Moratorium.pdf

Urgency Ordinance No. 2489 – Marijuana Smoking Restrictions –
http://documents.cityofdavis.org/Media/CityCouncil/Documents/PDF/CDD/Planning/Forms/ORD-2489-Urgency-Ch-40-Smoking-Marijuana.pdf

Proposition 64, the Adult Use of Marijuana Act Text –
http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

For more information, questions, or inquiries related to City of Davis marijuana regulations, please contact the Community Development & Sustainability Department at 530-757-5610.

For questions or concerns related to code enforcement or violations, please contact the Police Department at 530-747-5400.

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