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Medical Marijuana Ordinance – proposed updates


Date:  2/18/2016 RCONA NR Board meeting at Riley Library, Mahany Center


Greg Bitter, Roseville Planning Manager, and Joseph Speaker, Roseville Deputy City attorney, presented some of Roseville’s proposed changes to the current medical marijuana ordinances.  These changes were mainly intended to match recent changes and refine definitions with state regulations related to medical marijuana usage and practices. 


Current Roseville ordinances specifically prohibit dispensaries in the City, prohibit outdoor cultivation, and allow only limited indoor growth to qualified persons.  Indoor growth is currently allowed up to 50 square feet per user (limit of two users) in a residence under certain growth restrictions.  Now under the state’s new 2015 Medical Marijuana Regulation and Safety Act, Roseville has proposed changes to match state regulations and tighten any loopholes. They are updating several definitions to comply with new state definitions for delivery and distribution practices, including mobile delivery services using technology apps.    


Cities are allowed to maintain their own regulations, but they must be under ‘zoning codes’, so Roseville will remove its medical marijuana ordinances from Health & Safety sections and move them to Zoning ordinance sections. 


Roseville regulations will still continue to prohibit dispensaries and cultivation in the City.  New state regulations discuss 100 square feet for cultivation licensing, and Roseville will still not allow cultivation.  So the maximum allowable indoor growth space will now be 99 square feet total for 2 or more certified persons under specific conditions:  must be a fully enclosed structure, no odors, no view or sign of growth allowed, must be the primary residence, and growth can’t exceed 10 feet in height.   A ‘medical marijuana certified’ renter is OK only if permitted by the homeowner. 


Definition language is being adopted for mobile dispensaries similar to that in the state’s definitions.  Language for ‘processing place’ is also included.  Roseville still will not allow cultivation, dispensaries, or transportation for processing.  Sacramento allows dispensaries within the concept of delivery within its borders.  Roseville allows no transfer of marijuana (other than that done by authorized primary caregivers). 


A hearing before the Planning Commission is set next week for 2/25/2016, and a tentative hearing has been set before the City Council for 3/16/2016.   Mr. Bitter will distribute official materials prior to the City Council hearing.  Two readings at City Council are required and then a  30-day period after passage, so the earliest this would probably be effective would be 5/2/2016. 


Questions and comments from RCONA Representatives and guests:


Q—Scott Alvord asked if there is any owner liability for qualified renters in the home?

A—Nothing in the City ordinances precludes property owners’ rights to either allow or not allow a ‘certified’ renter’s usage.


Q—Scott asked if there are restrictions related to ‘mobile’ trucks within food truck limits, etc.?

A—City feels confident that it prohibits any type of dispensary or transportation—intent is to not allow any type of commercial sales/transport/dispensation of marijuana.


Q—Werner asked about Sacramento and surrounding areas—how are they handling issues?

A—Sacramento does allow dispensaries, but most of the rest of the surrounding areas follow Roseville for strict prohibitions.    


C—A Cresthaven resident indicated a neighborhood situation where a man was asked to leave one location due to his growing marijuana, but then he bought another home and is now growing it outdoors again. 

A—Outdoor growth is prohibited in the City of Roseville.  Mr. Bitter said to let them know and they will have someone follow up on it.  


Any questions should be addressed to Greg Bitter at gbitter@roseville.ca.us.


PL16-0029 Medical Marijuana Regulations complete report.pdf

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