ORDINANCE 1544 ORDINANCE NO. 1544
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO ADDING CHAPTER 14 TO TITLE 4 AND AMENDING
CHAPTER 11 OF TITLE 7 OF THE MUNICIPAL CODE TO EXPRESSLY
PROHIBIT ALL COMMERCIAL MARIJUANA ACTIVITY TO THE EXTENT
ALLOWED BY STATE LAW
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and determines as follows:
A. On November 5, 1996, the voters of the State of California approved
Proposition 215, codified as Health and Safety Code Section 11362.5 et
seq., and entitled the Compassionate Use Act of 1996 ("CUA"). The CUA
exempts qualified patients and their primary caregivers from criminal liability
under state law for the possession and cultivation of marijuana for personal
medical use.
B. The intent of the CUA was to enable persons in the State of California who
are in need of marijuana for medicinal purposes to obtain it and use it under
limited, specified circumstances.
C, The State enacted Senate Bill 420 in October 2003, codified a Health and
Safety Section 11362.7, et seq., ("Medical Marijuana Program Act," or
"MMPA") to clarify the scope of the Compassionate Use Act of 1996 and to
allow cities and other governing bodies to adopt and enforce rules and
regulations consistent with SB 420. The MMPA created a state-approved
voluntary medical marijuana identification card program and provided for
certain additional immunities from state marijuana laws. Assembly Bill 2650
(2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana
Program to expressly recognize the authority of counties and cities to
"[a]dopt local ordinances that regulate the location, operation, or
establishment of a medical marijuana cooperative or collective"and to civilly
and criminally enforce such ordinances.
D. The CUA and MMPA do not "legalize" marijuana, but provide limited
defenses to certain categories of individuals with respect to certain conduct
and certain state criminal offenses.
E. In City of Riverside v. Inland Empire Patients Health and Wellness Center,
Inc. (2013) 56 CalAth 729, the California Supreme Court held that"[n]othing
in the CUA or the MMP expressly or impliedly limits the inherent authority
of a local jurisdiction, by its own ordinances, to regulate the use of its land.
. . ." Additionally, in Maral v. City of Live Oak (2013) 221 Cal.AppAth 975,
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the Court of Appeal held that "there is no right — and certainly no
constitutional right — to cultivate medical marijuana. . . . ." The Court in
Maral affirmed the ability of a local governmental entity to prohibit the
cultivation of marijuana under its land use authority.
F, The Federal Controlled Substances Act, 21 U.S.C. § 801 et seq., classifies
marijuana as a Schedule 1 Drug, which is defined as a drug or other
substance that has a high potential for abuse, that has no currently
accepted medical use in treatment in the United State, and that has not
been accepted as safe for use under medical supervision. The Federal
Controlled Substances Act makes it unlawful under federal law for any
person to cultivate, manufacture, distribute or dispense, or possess with
intent to manufacture, distribute or dispense, marijuana. The Federal
Controlled Substances Act contains no exemption for medical purposes.
G. On October 9, 2015 Governor Brown signed three bills into law (AB 266,
AB 243, and SB 643)which collectively are known as the Medical Marijuana
Regulation and Safety Act ("MMRSA"). MMRSA established a State
licensing scheme for commercial medical marijuana uses while protecting
local control by requiring that all such businesses must have a local license
or permit to operate in addition to a State license. MMRSA allows a City to
completely prohibit commercial medical marijuana activities.
H. The City Council finds that commercial medical marijuana activities, as well
as cultivation for personal medical use as allowed by the CUA and MMP
can adversely affect the health, safety, and well-being of City residents.
Citywide prohibition is proper and necessary to avoid the risks of criminal
activity, degradation of the natural environment, malodorous smells and
indoor electrical fire hazards that may result from such activities. Further,
as recognized by the Attorney General's August 2008 Guidelines for the
Security and Non-Diversion of Marijuana Grown for Medical Use, marijuana
cultivation or other concentration of marijuana in any location or premises
without adequate security increases the risk that surrounding homes or
businesses may be negatively impacted by nuisance activity such as
loitering or crime.
1. The limited immunity from specified state marijuana laws provided by the
Compassionate Use Act and Medical Marijuana Program does not confer a
land use right or the right to create or maintain a public nuisance.
J, MMRSA contained language that required the city to prohibit cultivation
uses either expressly or otherwise under the principles of permissive
zoning, or the State would become the sole licensing authority. MMRSA
also contained language that required delivery services to be expressly
prohibited by local ordinance, if the City wished to do so.
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K. On March 1, 2016, the City Council adopted Ordinance No. 1518 prohibiting
commercial cannabis activities, cultivation of medical cannabis, delivery of
medical cannabis, medical marijuana dispensaries, and medical marijuana
collectives throughout the City.
L. On November 8, 2016, the voters of the State of California passed
Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act
(AUMA). The AUMA decriminalizes (under California law), controls and
regulates the cultivation, processing, manufacture, distribution, testing and
sale of nonmedical marijuana, including marijuana products, for use by
adults 21 years of age or older. The AUMA also taxes the commercial
growth and retail sale of marijuana. It does not, and cannot, affect federal
regulations as to marijuana or its derivatives.
M. The AUMA expressly preserves local control over the regulation of
marijuana-related businesses and marijuana-related land uses (Business &
Professions Code § 26200, et seq.) The City Council wishes to prohibit all
commercial marijuana activity to the maximum extent authorized by State
law.
N. A complete prohibition on commercial marijuana activities in the City of El
Segundo is necessary to avoid the deleterious secondary effects of such
activity as detailed herein. In addition to the negative effects recited above,
marijuana cultivation and distribution can attract crime, lead to fires, expose
minors to marijuana, negatively impact neighborhoods, damage buildings,
require dangerous electrical alterations and use, and create the nuisance
of strong and noxious odors. (White Paper on Marijuana Dispensaries,
California Police Chiefs Association's Task Force on Marijuana
Dispensaries, April 22, 2009, p. 12.) In Colorado, where recreational
marijuana is legal and commercialized, marijuana-related traffic deaths
increased 92% from 2010 to 2014 while all traffic deaths increased only 8
percent during the same time period. (The Legalization of Marijuana in
Colorado: The Impact, Rocky Mountain High Intensity Drug Trafficking
Area, Vol. 3, September 2015, pp. 14-15.) Use of marijuana by Colorado
teens ages 12-17 is at least 56% higher than the national average. (Id. at
pp. 35-36.) A study released in May 2016 by AAA Foundation for Traffic
Research found that fatal crashed involving drivers who recently used
marijuana doubled in the state of Washington after it legalized marijuana.
(Prevalence of Marijuana Involvement in Fatal Crashes: Washington, 2010-
2014, May 2016, AAA Foundation for Traffic Safety.) Based on these facts
and other evidence, there is a concern that the proliferation of marijuana-
related businesses and land uses in the City would result in increased crime
and other negative secondary effects like those experienced in other
communities throughout California and around the country. By expressly
prohibiting marijuana-related businesses and marijuana-related land uses
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to the maximum extent authorized by State law, the City can further
safeguard against the detrimental secondary impacts associated with such
activities.
SECTION 2: Authority. This ordinance is adopted pursuant to the authority granted by
the California Constitution and State law, including but not limited to Article XI, Section 7
of the California Constitution, the Compassionate Use Act, the Medical Marijuana
Program Act, the Medical Marijuana Regulation and Safety Act, and the Control, Regulate
and Tax Adult Use of Marijuana Act.
SECTION 3: A new Chapter 14 entitled "Marijuana" is added to Title 4 of the El Segundo
Municipal Code to read as follows:
"Chapter 14
MARIJUANA
4-14-1 Definitions.
4-14-2 Commercial marijuana activity— Prohibited.
4-14-3 Cultivation of marijuana for personal use.
4-14-4 Severability.
4-14-5 Interpretation.
4-14-1 Definitions.
"Commercial marijuana activity" means the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, labeling,
transportation, distribution, delivery, or sale of marijuana and marijuana
products.
"Cultivation" means any activity involving the planting, growing, cultivating,
harvesting, drying, curing, grading, trimming or processing of marijuana.
"Delivery" means the commercial transfer of marijuana or marijuana products
to a customer. "Delivery" also includes the use by a retailer of any technology
platform owned and controlled by the retailer or independently licensed under
this division that enables customers to arrange for or facilitate the commercial
transfer by a licensed retailer of marijuana or marijuana products.
"Marijuana" means all parts of the plant Cannabis sativa L., whether growing or
not; the seeds thereof; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds or resin. It does not include:
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(a) industrial hemp, as defined in Health & Safety Code Section
11018.5; or
(b) the weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink, or other product.
"Marijuana accessories" means any equipment, products or materials of any
kind which are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, smoking, vaporizing, or containing marijuana, or for
ingesting, inhaling, or otherwise introducing marijuana or marijuana products
into the human body.
"Marijuana cultivation facility" means an entity licensed to cultivate, prepare,
and package marijuana and sell marijuana to retail marijuana stores, to
marijuana product manufacturing facilities, and to other marijuana cultivation
facilities, but not to consumers.
"Marijuana establishment" means a marijuana cultivation facility, a marijuana
testing facility, a marijuana product manufacturing facility, or a retail marijuana
store.
"Marijuana product manufacturing facility" means an entity licensed to
purchase marijuana; manufacture, prepare, and package marijuana products;
and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
"Marijuana products" means marijuana that has undergone a process whereby
the plant material has been transformed into a concentrate, including, but not
limited to, concentrated cannabis, or an edible or topical product containing
marijuana or concentrated cannabis and other ingredients.
"Marijuana storage facility" means any entity or premises used for the storage
of marijuana, marijuana products or marijuana accessories.
"Marijuana testing facility" means an entity licensed to analyze and certify the
safety and potency of marijuana.
"Private residence" means a house, an apartment unit, a mobile home, or other
similar habitable dwelling.
"Retail marijuana store" means any entity licensed to purchase marijuana from
marijuana cultivation facilities and marijuana and marijuana products from
marijuana product manufacturing facilities and to sell marijuana and marijuana
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products to consumers; or any premises, whether licensed or unlicensed,
where marijuana, marijuana products, or devices for the use of marijuana or
marijuana products are offered, either individually or in any combination, for
retail sale, including an establishment that delivers marijuana and marijuana
products as part of a retail sale.
4-14-2 Commercial marijuana activity-- Prohibited.
No license can be issued for, nor shall any person operate, a marijuana
cultivation facility, marijuana product manufacturing facility, marijuana testing
facility, marijuana delivery business, marijuana storage facility, retail marijuana
store, marijuana establishment, or any commercial marijuana activity in the City
of El Segundo.
4-14-3 Cultivation of marijuana for personal use.
A. Outdoor Cultivation. Cultivation of marijuana outdoors is prohibited,
except for the personal cultivation of marijuana conducted in accordance
with Health & Safety Code Section 11362.2, subd. (a).
B. Indoor Cultivation. Cultivation of marijuana indoors is prohibited, except
for the personal cultivation of not more than six plants at one time within a
single private residence pursuant to Health & Safety Code Section 11362.2,
subd. (a).
4-14-4 Severability.
The provisions of this chapter are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this chapter, or the invalidity of the application thereof to any person or
circumstance shall not affect the validity of the remainder of this chapter, or the
validity of its application to other persons or circumstances.
4-14-5 Interpretation.
The intent of this chapter is to prohibit commercial marijuana activities and the
personal cultivation of marijuana, whether medical or recreational in nature, to
the maximum extent allowed under state law. Nothing in this chapter shall be
interpreted as allowing behavior otherwise prohibited by state law and nothing
in this chapter shall be interpreted as prohibiting conduct that the city is
expressly preempted from prohibiting under state law."
SECTION 4: Chapter 11 of Title 7 of the EI Segundo Municipal Code is amended to read
as follows;
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"Chapter 11
MARIJUANA
7-11-1: For regulations regarding marijuana, commercial marijuana activities, and
marijuana cultivation, see Title 7, Chapter 14 and Title 15, Chapter 13B."
SECTION 55: Environmental Review. The City Council finds that this ordinance does not
have the potential to cause significant effects on the environment and, therefore, the
project is exempt from the California Environmental Quality Act (CEQA) pursuant to 14
Cal. Code Regs. § 15061(b)(3). The ordinance amends the El Segundo Municipal Code
to expressly prohibit commercial marijuana activities and outdoor cultivation of marijuana
in the City. The ordinance does not portend any development or changes to the physical
environment. Further, the City Council finds that this ordinance is categorically exempt
from further CEQA review under 14 Cal. Code Regs. §§ 15305 (minor alterations in land
use limitations) and 15308 (actions taken as authorized by local ordinance to assure
protection of the environment). The City is not aware of any existing marijuana
commercial uses in El Segundo and the proposed ordinance would maintain the status
quo. Following an evaluation of possible adverse impacts, it can be seen with certainty
that there is no possibility that the ordinance will have a significant effect on the
environment.
SECTION 6: Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 7: Enforceability. Repeal of any provision of the El Segundo Municipal Code
does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution
and imposition of penalties for any violation occurring before this Ordinance's effective
date. Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8: Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Ordinance are severable.
SECTION : The City Clerk is directed to certify the passage and adoption of this
Ordinance, cause it to be entered into the city of El Segundo's book of original ordinances,
make a note of the passage and adoption in the records of this meeting, and, within fifteen
days after the passage and adoption of this Ordinance, cause it to be published or posted
in accordance with California law.
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PASSED, APPROVED, AND ADOPTED ORDINACE No. 1544, this 6th day of December,
2016.
uz �ne Fuentes, Mayor
ATTEST:,
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
1, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1544 was duly introduced by said City Council at a special meeting held
on the 15th day of November 2016, and was duly passed and adopted by said City
Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a
regular meeting of said Council held on the 6th day of December, 2016, and the same
was so passed and adopted by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tern Boyles, Council Member Dugen and
Council Member Pirsztuk
NOES: None
ABSENT: Council Member Brann
ABSTAIN: None ,..
Tracy Weave ,, Cit' Clerk,
APPROVED AS TO FORM
Mark D. Hensle6ci At torney„