Can a landlord ban the cultivation/smoking of cannabis on his or her property?
Yes. An individual or private entity may prohibit or restrict smoking and/or cultivation of cannabis on the individual’s or entity’s privately owned property. A state or local government agency may also prohibit or restrict such activities on property owned, leased, or occupied by the state or local government. (Health & Safety §§ 11362.45(g) and (h).) The City Council is evaluating regulations to ban smoking in multifamily units and smoking cannabis would be included in this potential regulation.
Can the City ban personal indoor cultivation in all leased or multi-unit residences within the city?
No. The City cannot prohibit personal indoor cultivation of cannabis in all leased or multi-unit residences within the City. However, the City can adopt reasonable regulations requiring that indoor personal cultivation operations be in accordance with all pertinent safety standards including building codes and permits.
How does the AUMA address limiting youth access to cannabis?
The AUMA prohibits consumption of cannabis in a public place unlicensed for such use, including near K-12 schools, on sidewalks, child day care facilities and other areas where children are present. The initiative also includes provisions designed to help keep cannabis away from children, including but not limited to, marketing restrictions, school buffer zones, child-resistant packaging, and warning labels. In addition, there will be State funding dedicated to youth education as part of the legalization of the use of recreational cannabis.
How does the City support those with cannabis addiction problems?
The City of Redwood City partners with the County of San Mateo to offer support for community members who suffer from addiction. Programs offered by the County of San Mateo can be found here. Additionally, whether or not the City allows delivery of recreational cannabis, State taxes generated from recreational cannabis use will help support addiction programs.
In addition, the City of Redwood City’s Fair Oaks Community Center is a multi-service facility offering a variety of services to the broader Redwood City Community. The Fair Oaks Community Center is located at 2600 Middlefield Road, Redwood City. To learn more about the community center services, go here.
How will the City of Redwood City Police Department enforce cases of drivers under the influence of cannabis?
Currently, there is not a specific laboratory test available to determine a presumptive level of impaired driving with respect to cannabis concentrations measured in blood, breath or urine samples, like there is with alcohol testing. State of California taxes raised through legalizing recreational cannabis use will provide funds for the California Highway Patrol to develop a mechanical field sobriety test or other laboratory chemical test to evaluate the level of cannabis in a driver’s system. Until there is a test developed, Redwood City Police Department will be enforcing driving under the influence of cannabis cases based on police officer observations. This approach is used now in situations of potential illegal cannabis use or alcohol use impairing a driver’s capacity to safely operate a vehicle.
I am concerned about cannabis deliveries in my neighborhood. What type of safeguards in place to regulate cannabis deliveries in Redwood City?
Currently, medical cannabis deliveries are legal in Redwood City. The City has not heard of any concerns or issues about these deliveries. Medical cannabis deliveries are made in an unmarked car. The City Council will discuss whether to allow delivery of recreational cannabis and what safety standards and regulations would be appropriate. City staff will provide the City Council with information about State requirements as well as best practices for local regulation of deliveries.
Many strategies to, track and regulate cannabis sales are already included in State law and other requirements are expected to be included in future State regulations. Some requirements that the City is evaluating, based on State law and future regulations, include: limitations on the amount of cash and product in the delivery vehicle at one time; cameras installed in the delivery vehicles; requiring unmarked cars; requiring background checks and ID cards for the drivers; requiring deliveries to fixed addresses only; banning deliveries to schools or childcare facilities, and requiring an ID to verify age of delivery recipient. In situations where cannabis businesses operate under a local license, some have already implemented many ways to track, monitor and audit their deliveries to ensure the safety of the public and their employees.
Is there a limitation on the number of cannabis plants that can be cultivated within a single residence?
Yes. Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, at one time. A “residence” is defined as a house, an apartment unit, a mobile home, or other similar dwelling. No matter how many persons over 21 years of age are living in a “residence,” only 6 living plants may be cultivated at one time. (Health & Safety § 11362.2(a)(3).)
Under the new law will private individuals be able to cultivate nonmedical cannabis at home?
Yes, private individuals aged 21 years and older can cultivate nonmedical cannabis within a private residence for personal use as of January 1, 2018. The AUMA provides that local governments can reasonably regulate, but cannot ban, the personal indoor cultivation of up to six nonmedical cannabis plants per private residence. This includes cultivation in a greenhouse that is on the property of the residence but not physically part of the home, as long as it is fully enclosed, secure, and not visible from a public space. Redwood City is currently evaluating whether to regulate indoor personal cultivation, and whether to ban all personal outdoor cultivation.
What does the AUMA say about possession, transporting, purchasing or giving away of non-medical cannabis?
A person 21 years of age or older may possess, process, transport, purchase or give away to persons 21 years of age or older not more than 28.5 grams of cannabis in the non-concentrated form and not more than 8 grams of cannabis in a concentrated form including cannabis products. The City of Redwood City is evaluating regulations and taxes to regulate the delivery of cannabis within its borders. The City Council will consider regulatory options later this fall after gaining community input.
What types of regulations will be included in the State license?
The three state cannabis licensing authorities (State Department of Consumer Affairs’ Bureau of Cannabis Control, State Department of Public Health and State Department of Food and Agriculture) are each developing new proposed regulations based on the new law (Medical and Adult-Use Cannabis Regulation and Safety Act) for the commercial medicinal and adult-use cannabis industries.
Regulations are expected to be published in fall 2017. Some examples of state regulations include requiring background checks for all cannabis license applicants, establishing a track and trace program to track cannabis from cultivation to the consumer, establishing commercial cultivation requirements, regulating testing facilities and manufacturers of cannabis products, regulating cannabis cooperative associations (business entities) and enforcing the state cannabis tax.
The implementation date for the issuance of commercial cannabis licenses is January 1, 2018.
When does the Adult Use of Marijuana Act (AUMA) take effect?
The AUMA took effect November 9, 2016, the day after the election. The AUMA requires a state license to engage in commercial nonmedical cannabis activity. State licensing authorities are required to begin issuing licenses by January 1, 2018 and it is likely that provisions legalizing commercial nonmedical cannabis activity will not become operational until the State begins issuing licenses on January 1, 2018.