Carlsbad Looks to Preserve Local Control Over Commercial Marijuana Activities

CARLSBAD, CA - The Carlsbad City Council will consider an ordinance next week that would change the language in the Carlsbad Municipal Code to expressly prohibit commercial marijuana activities and outdoor growing.

The draft ordinance and staff report are available for review prior to the April 25 meeting. It addresses the Adult Use of Marijuana Act, which started as a citizens' initiative in the state of California and was included on the Nov. 8, 2016, ballot as Proposition 64, according to a community alert. The ballot item passed with 57 percent of the vote and most of its provisions took effect Nov. 9, 2017.

Carlsbad officials specify that this law:

• Legalizes the nonmedical use of marijuana by persons 21 years old and older, and the personal cultivation of six marijuana plants.
• Creates state regulatory and licensing system for the commercial cultivation, testing, and distribution of nonmedical marijuana, and the manufacturing of nonmedical marijuana products.
• Allows local governments to prohibit or regulate and license commercial nonmedical marijuana.

What is the City of Carlsbad considering?

The Carlsbad City Council will consider an ordinance to change the language in the Carlsbad Municipal Code to expressly prohibit commercial marijuana activities.

Today, these activities are prohibited through something called “permissive zoning.” Under permissive zoning, any land use not specifically listed in the code is not allowed. Commercial marijuana activities are not listed. The proposed ordinance also bans the outdoor growing of marijuana for personal use.

If commercial marijuana activities aren’t allowed now, why make the change?

Although the proposed ordinance doesn’t change the fact that commercial marijuana activities are prohibited in the city of Carlsbad, the change in wording is recommended due to two recently passed state laws. The Medical Marijuana Regulation and Safety Act, effective Jan. 1, 2016, and the Adult Use of Marijuana Act, effective Nov. 8, 2016, created regulations and licensing requirements for marijuana growing, sales and use.

The state laws give cities the authority to prohibit commercial marijuana activities. City staff are recommending changing the Carlsbad Municipal Code to preserve local control over this issue and prevent the state from issuing licenses for marijuana businesses to operate in Carlsbad.

What cities have enacted local laws prohibiting or restricting marijuana?

Within the County of San Diego, most jurisdictions ban all commercial marijuana activity, including cultivation, processing delivery and dispensaries:

• Chula Vista
• Coronado
• Del Mar
• El Cajon
• Encinitas
• Escondido
• Imperial Beach
• National City
• Poway
• County of San Diego
• San Marcos
• Santee
• Solana Beach
• Vista

These cities allow limited commercial activities:

• La Mesa (medical marijuana cultivation, processing, and dispensaries)
• Lemon Grove (medical marijuana dispensaries)
• Oceanside (medical marijuana delivery)
• City of San Diego (medical and recreational dispensaries)

Content courtesy of the city of Carlsbad. Visit the website for additional details, and sign up for City Council agenda emails for meeting updates.

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