Bakersfield – UPDATE (9:18 P.M., 9/20):
The Bakersfield Metropolis Council voted on Wednesday to maneuver ahead with the method to ban all business hashish exercise on the town.
The council accredited a primary studying of an modification to its business hashish ordinance that might make it clear that each one enterprise pot exercise corresponding to cultivation, manufacturing and distribution is against the law inside metropolis limits. Councilman Willie Rivera was the lone “no” vote.
The Bakersfield Metropolis Council will talk about the primary studying of the business hashish ordinance in the course of the Wednesday night time assembly.
During the last a number of years, California has seen a transfer in the direction of legalizing the sale of grownup-use hashish all through the State by means of the adoption of the next payments and propositions:
- On October 9, 2015, Governor Brown signed three payments into regulation (AB 266, AB 243, and SB 643) that collectively have been often known as the Medical Marijuana Regulation and Security Act (hereafter “MMRSA”), and arrange a State licensing program for business medical marijuana actions.
- On November eight, 2016, California voters accredited Proposition sixty four, which set forth the framework for the State to start issuing permits for a mess of economic actions associated to non-medical or grownup-use marijuana together with: cultivation, manufacturing, distribution, and sale.
- On June 27, 2017, the State adopted SB ninety four, which repealed MMRSA and merged the regulation of medical marijuana into the regulation of grownup use marijuana. The brand new regulatory scheme is now known as the Medicinal and Grownup-Use Hashish Regulation and Security Act (“MAUCRSA”). After passage of MAUCRSA, the time period “hashish” has develop into the favored time period when discussing laws associated to each grownup use and medicinal use of marijuana/hashish.
The Metropolis has a permissive zoning code particularly figuring out the makes use of permitted in every zone of Metropolis, and marijuana dispensaries, medical or in any other case, have by no means been allowed inside the Metropolis. As well as, the Metropolis expressly bans medical marijuana inside the Metropolis pursuant to BMC part 17.08.050.
The State won’t challenge permits for a business hashish exercise if it violates the provisions of any native ordinance or regulation. Whereas the Metropolis clearly bans medical marijuana dispensaries, counting on permissive zoning for different business hashish actions will not be sufficient to stop the State from issuing a allow for different business actions, corresponding to manufacturing or distribution.
Accordingly, this ordinance makes it clear that each one business hashish actions, together with cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, supply or sale of hashish and hashish merchandise are banned within the Metropolis. It additionally makes the phrases “marijuana” and “hashish” interchangeable all through the Bakersfield Municipal Code. Lastly, employees suggests a letter be despatched to the County encouraging them to ban hashish inside the boundaries of the Metropolitan Bakersfield Basic Plan.
Council additionally finds that, beneath the Basic Rule of CEQA in accordance with Part 15061(b)(three), it may be seen with certainty that there isn’t a risk that the adoption of this ordinance might have a big impact on the surroundings as a result of the regulatory setting associated to business hashish actions doesn’t change because of the adoption of this ordinance.
-courtesy Bakersfield Metropolis Council