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City Government Smoking Information (home) Marijuana Regulations and Information
Marijuana Regulations and Information

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Marijuana Regulations and Information

This page contains information related 

to the City's marijuana ordinance and Proposition 64.


 

The City of Beverly Hills is updating its ordinance on Marijuana. The City's current ordinance prohibits the establishment of any marijuana dispensary, store, co-op or cultivation operation in any zone or overlay zone. At the July 18, 2017 City Council Meeting, a proposed ordinance that strengthens the wording of the current ordinance to specifically prohibit all forms of commercial cannabis activity with the exception of allowing medical marijuana delivery to residents will be discussed. The proposed ordinance does not discuss, prohibit, or further regulate the personal cultivation of marijuana beyond the regulations set forth under state law.

 

Staff Reports

June 22, 2017

 

Marijuana Research

View the City's Research Archive associated with the above Staff Report.

 


 

Overview of Proposition 64

On November 8, 2016, Proposition 64 (the Control, Regulate, and Tax Adult Use of Marijuana Act) passed in California. This proposition:

  • Legalizes the use and personal cultivation of marijuana by adults age 21 or older
  • Imposes state taxes on non-medical marijuana sales and commercial marijuana cultivation
  • Provides for industry licensing and establishes standards for marijuana products
  • Allows local prohibition, regulation and taxation of marijuana business

 

  • What is Legal Now?
  • Residential cultivation of up to 6 plants and the resident keeps the harvest 
    • Regardless of how many people age 21 or older reside in a residence, a maximum of six plants may be grown
    • Resident may give marijuana to persons age 21 or older but may not sell marijuana grown within the home
  • Public possession of up to 28.5 grams of cannabis or 8 grams of concentrated cannabis

 

  • What is Legal once the State Begins Issuing Licenses?
  • Buying marijuana from a State licensed retailer
  • Licensed retailers selling recreational marijuana

 

  • What is Illegal under Proposition 64?
  • Consuming marijuana or marijuana products in any public place
  • Consuming marijuana in a vehicle or getting high and driving. This includes motor vehicles, boats, vessels, and other vehicles used for transportation
    • This applies to both drivers and passengers
    • Open packages or containers of marijuana or marijuana products are also not allowed within the vehicle
  • Purchasing marijuana
    • You cannot purchase marijuana from a medical marijuana dispensary unless you possess a medical marijuana identification card or a physician’s recommendation
    • You cannot purchase marijuana from an unlicensed facility/business or directly from another person
  • Selling unlicensed marijuana
    • You may not sell marijuana that you personally cultivate at home
  • Smoking marijuana anywhere that smoking tobacco is prohibited
  • Smoking marijuana within 1,000 feet of a school, day care center, or youth center while children are present
  • Possessing, smoking or ingesting marijuana or marijuana products in or upon the grounds of a school, day care center, or youth center while children are present

 


 

Frequently Asked Questions about Proposition 64

1) Can I now purchase recreational marijuana from a medicinal marijuana dispensary?

No. It is a violation of state law for any person to engage in the retail sale of recreational marijuana, without a state issued license.  The state is expected to begin issuing licenses for commercial marijuana activities in January 2018.

2) Can cities ban marijuana deliveries?

Yes. Cities can ban deliveries within their City limits. However, cities cannot prevent the use of public roads for the delivery or transport of marijuana, and thus, delivery vehicles can pass through an area that bans the delivery of marijuana to make a delivery in a neighboring city.

3) Can individuals sell the marijuana they have personally cultivated in their private residence to friends, family, and licensed stores when they eventually open?

No. Personal cultivation is only meant to provide marijuana for the person cultivating the product. It can be given away to persons 21 years of age or older, but it may not be sold.

4) Can individuals now legally use marijuana at work?

Despite the legalization of the recreational use of marijuana, employers are still allowed to maintain a drug-free workplace. Marijuana is still illegal under federal law, and employers can rely on this to support such policies and standards.

5) Smoking marijuana within 1,000 feet of a school, day-care center, or youth center while children are present is illegal. What if a person lives within 1,000 feet of one of these facilities?

Individuals age 21 and over are allowed to smoke/ingest marijuana recreationally even if they live within 1,000 feet from a facility where children are present, so long as they do so in their own private residence and it is not detectable by others on the grounds of the school, day care center, or youth center while children are present.

6) Can an individual possess an open container or open package of marijuana in their vehicle?

No. Possession and use of marijuana is not allowed while driving, operating a motor vehicle, boat vessel, aircraft, or other vehicle used for transportation. Smoking or ingesting marijuana is not allowed by passengers either, nor can any occupants possess an open container/package of marijuana. (Health & Safety § 11362.3)

7) Can a landlord ban the cultivation/smoking of marijuana on his or her property?

Yes. A property owner may prohibit or restrict personal possession, smoking, and cultivation of marijuana on the property owner's privately owned property. A state or local government agency also may prohibit or restrict such activities on property owned, leased, or occupied by the state or local government. (Health & Safety §§ 11362.45(g) and (h).)

8) Does federal law recognize the legality of recreational marijuana?

No. Marijuana is still considered an illegal drug by the federal government. Based on the Cole Memo issued in 2013, the official Department of Justice policy has been not to interfere with marijuana cultivation/distribution/use in states that have legalized marijuana, with the exception that the Department of Justice will prosecute the distribution of marijuana to minors and the distribution of marijuana by gangs and cartels. This policy is subject to change at any point under the new federal administration.

9) What is the definition of residence?

Proposition 64 defines a "residence" as a house, an apartment unit, a mobile home, or other similar dwelling.

10) What does Proposition 64 say about possessing, transporting, purchasing or giving away of non-medical marijuana?

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 marijuana in the non-concentrated form and not more than 8 grams of marijuana in a concentrated form including in marijuana products. These activities are lawful under state law and cannot be prohibited under local law.

11) When can cities impose bans on personal outdoor cultivation?

A city may adopt an ordinance banning or regulating personal outdoor cultivation at any time.

12) Are cities at risk of losing the opportunity to impose bans on nonmedical marijuana businesses, if they don't act prior to the state of issuing licenses?

If a city does not adopt an ordinance expressly banning or regulating nonmedical marijuana businesses before the state begins issuing state licenses to nonmedical businesses, a state-licensed nonmedical marijuana business will be able to operate within its jurisdiction without local permission or permitting. This is due to a provision in Proposition 64 that provides that state licenses cannot be issued where the activity would violate a local ordinance. If a jurisdiction has no ordinance regulating nonmedical marijuana businesses, then the local regulatory scheme is silent on that type of activity, and the state can unilaterally issue a license under terms fully compliant with Proposition 64.