Medicinal Cannabis Updates
Ordinance (MCA-2023-00008)
Item 11.
February 20, 2024
Chris Tracy, AICP Senior Planner
Planning Division
Received After Agenda Printed
2/20/2024 - Regular Meeting
Item 11 - Staff Presentation
In 1996, voters approved Proposition 215,
establishing the ability for doctors to prescribe
"medical cannabis" to patients and their
primary caregivers.
In 2022, the state enacted Senate Bill 1186 (SB
1186) based on the premise that there are
barriers to medicinal cannabis access for
patients in California.
How did we get here?
2 Under SB 1186, cities throughout the State of
California are restricted from adopting or
enforcing any regulation that prohibits the sale
of medicinal cannabis to medicinal cannabis
patients or their primary caregivers.
State law allows cities to adopt local standards
for permitting, location, and the operational
components of a medicinal cannabis delivery
service business.
Why are we proposing
these updates?
3 The City’s current limitations on nonmedical cannabis businesses will remain unaffected by the proposed
modifications. This includes the
prohibition of recreational cannabis
sales and retail storefronts for
recreational cannabis.
For reference, we currently only
permit Marijuana Testing Facilities
within the Business Park (BP) Zone.
Existing Limitations
4 • The number of medicinal cannabis
businesses.
• Operating hours.
• Number or frequency of sales.
• Types or quantities of medicinal cannabis.
• Prevention for the establishment of a
physical premises.
What we can’t regulate
5 • Regulate Zoning requirements.
• Provide parameters for Security and
public health and safety requirements.
• Implement licensing requirements.
• Impose or collect applicable state or
local taxes.
• Provide regulations consistent with state
requirements and restrictions.
What can we regulate?
6 7
Implementation Timeline
• On December 19, 2023, the City Council adopted an Urgency Ordinance establishing a 45-day temporary moratorium. (Vote 5-0)
• On January 10, 2024, the Planning Commission recommended that the City Council adopt the proposed ordinance subject to some minor modifications and for things for staff to look into further. (Vote 5-0) • On January 16, 2024, the City Council approved a continuation of the Urgency Ordinance established for an additional 45-day days. (Vote 5- 0)
• Research further the utilization of firearms.
• Research further the state's definition of Medicinal Cannabis and our own definitions.
• Clarification within the ordinance that signs shall contain no advertising of other companies, brands, goods, or services, or of the use.
• Adding larger medical facilities as a sensitive use, such as Hospitals, Urgent Care Centers.
Planning Commission
Recommendation
8 Cont.
• Clarification that facilities shall be limited to the storage. • Clarification within the ordinance that no product shall be allowed to remain in vehicles without an employee present. • Clarification within the ordinance that vehicle signage is prohibited.
Planning Commission
Recommendation
9 Proposed Ordinance
- Overview
10 • Rescinding the existing temporary moratorium.
• Updates existing terminology under MDC Section 16.44.250 “Marijuana and Hemp Use”.
• Provides new Definitions (Consistent w/ State licensing terms). • Provisions for required Medicinal Cannabis Delivery Service License (License Required to Operate, Insurance, etc.).
Proposed Ordinance
- Overview
11 Cont.
• Application Requirements (site and floor plan, safety plan, odor control, etc.).
• Operational Requirements (3,000 SF limit on size, compliance w/ state laws, sign limitations, delivery driver standards, prohibited activities, etc.).
12 Zoning and Location Criteria
• Sensitive Receptors:
Residential zones
Public or private schools
Daycare centers
Churches
Public parks
Youth activity centers
Large Medical Facilities
Proposed Updates - Ordinance
13 Zoning and Location Criteria
13 1414
Zoning and Location Criteria
1. Hold a Public Hearing; and
2. Find that the action is consistent with the California Environmental Quality Act (CEQA) Guidelines in accordance with Section §15060(c)(2) and Section §15061(b)(3); and Continue on next slide
Recommendation
15 Cont.
3. Introduce Ordinance No. 602-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Title 16 of the Murrieta Development Code to Revise Sections
16.08.010, 16.10.010, 16.11.010, 16.12.010, 16.13.010,
16.14.010, and 16.44.250 for the Establishment of Medicinal Cannabis Delivery Location and Operational Standards and Miscellaneous Updates to Existing Cannabis Standards.
Recommendation
16 3232