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Recommendation to receive and file a report on the Medicinal and Adult-Use Cannabis Regulation and Safety Act to update the City Council on new State buffer requirements, including youth center and daycare center buffers, for marijuana facilities; and
Request City Attorney to draft an ordinance amending Chapter 5.90, Medical Marijuana Businesses, of the Long Beach Municipal Code, to eliminate the 600-foot radius buffer for youth centers, add a 600-foot radius buffer for daycare centers, and establish an exemption from the daycare center buffer requirement for businesses that submit medical marijuana business license applications prior to January 1, 2018. (Citywide)
DISCUSSION
On June 27, 2017, Governor Jerry Brown signed into law the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The new law merges regulations for medical and recreational cannabis into a single regulatory framework.
Prior to the adoption of MAUCRSA, medical marijuana businesses were regulated by the Medical Cannabis Regulation and Safety Act (MCRSA) and recreational marijuana was regulated by the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA). MAUCRSA repealed MCRSA and inserted certain licensing provisions from the MCRSA into the AUMA.
In addition to State regulations, Long Beach medical marijuana businesses are required to comply with the regulations set forth in Measure MM, a ballot initiative passed by Long Beach voters in November 2016. Measure MM added Chapter 5.90 to the Long Beach Municipal Code (LBMC), and created a regulatory structure for medical marijuana businesses.
Pursuant to LBMC Chapter 5.90, no medical marijuana business may locate in an area zoned exclusively for residential use, within a 1,000-foot radius of a K-12 school or public beach, or within a 600-foot radius of a public park or public library. These local buffer requirements were previously compliant with state law under MCRSA.
However, under MAUCRSA, the State legi...
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