As you probably know on June 27, 2017 Governor Brown signed Senate Bill 94 into law, the Medicinal Adult Use of Cannabis Regulation and Safety Act (MAUCRSA). Senate Bill 94 repealed the Medical Marijuana Regulation and Safety Act (MMRSA). MMRSA was the medical marijuana law which was supported by the cities and counties. MMRSA required a city or county license for marijuana cultivations or dispensaries in order to be able to apply for a state license. The Adult Use of Marijuana Act, Proposition 64, which is now incorporated into Senate Bill 94 does not require a city or county license in order to apply for a state license. AUMA requires only that the state license not be in “conflict” with the city or county regulation. AUMA also requires that the cities and counties comply with the “Regional Welfare Doctrine” of zoning which requires that the city (or county) marijuana regulations consider the “regional impacts”. This means it will be much more difficult for cities and counties to completely ban or prohibit marijuana businesses.
For these reasons, many cities are now reconsidering their marijuana regulations. Also, many of the cities are now avoiding court cases on their marijuana regulations (we have filed about 20). The cities (and counties) are now using code enforcement and threats and harassment of the landlords.
As you probably know I am the former Planning Director of the City of Loma Linda and former Environmental Review Board Officer for San Bernardino County. I have written many zoning ordinance and we are defending against code enforcement actions by the cities and we are dealing with the landlord problems. If you have questions, either call or email me.