Documente Academic
Documente Profesional
Documente Cultură
BACKGROUND
Over the course of the last 20 years, California has experienced a significant shift in
public opinion, and consequently public policy, surrounding cannabis. The passage of
Proposition 215 in 1996 made California the first state in the Country to decriminalize
cannabis for medical use. Almost 20 years later, after leaving much, if not all, regulation
to local jurisdictions, the California legislature, in 2015, passed three separate bills,
collectively known as the Medical Marijuana Regulation and Safety act to establish a
comprehensive state licensing and regulatory system for the commercial cultivation,
manufacture, sale, transport, distribution, delivery, and testing of medical cannabis. The
statewide passage of the Adult-Use of Marijuana Act (AUMA), also known as
Proposition 64, in November, 2016 largely decriminalized cannabis, allowing adults 21
years of age or older to legally grow, possess, and use cannabis for nonmedical
purposes, with certain restrictions.
Personal Adult-Use
● Proposition 64 authorizes a person 21 years of age or older to possess
and use up to 28.5 grams of cannabis and up to 8 grams of concentrated
cannabis, and to possess up to 6 living cannabis plants and the cannabis
produced by those plants, subject to certain restrictions.
● Manufacturing concentrated cannabis using a volatile solvent, defined as
volatile organic compounds and dangerous poisons, toxins, or
carcinogens, unless done in accordance with a state license is a crime.
In order to efficiently implement the will of the voters, California law, namely Senate Bill
94, has recently merged medical cannabis regulations and Adult-Use cannabis
regulations into a single regulatory framework known as the Medicinal and Adult-Use
Cannabis Regulation & Safety Act (MAUCRSA).
Under MAUCRSA, the state will soon begin issuing temporary licenses that become
effective Jan. 1, 2018. In order to qualify for a state temporary license, business
applicants must first receive approval from their local jurisdiction.
COMMERCIAL CANNABIS ACTIVITY LICENSING IN THE CITY OF LOS ANGELES
In March of 2017, Los Angeles voters overwhelming supported the passage of Measure
M which requires the City Council to repeal and replace the City’s current restrictions on
medical cannabis operations with a comprehensive regulatory and licensing system and
a new taxation scheme for commercial cannabis activity.
Under Measure M, the City Council has been given full authority to regulate all aspects
of cannabis-related activity. To implement cannabis regulations within the City of Los
Angeles, the City has established a Department of Cannabis Regulation (DCR) and a
Cannabis Regulation Commission.
DCR is generally responsible for administering the Rules and Regulations adopted by
the City Council. Specifically, DCR will administer the application process in conjunction
with the Cannabis Regulation Commission, make determinations related to non-retail
cannabis licensing, administer and coordinate audit and inspection processes for
cannabis-related businesses and enforce regulatory compliance of licensed businesses
engaged in commercial cannabis activity.
The Cannabis Regulation Commission will hold hearings related to issuing licenses for
retail and certain non-retail Commercial Cannabis Activity.
Both the DCR and the Cannabis Regulation Commission may recommend amendments
to the Rules and Regulations to the City Council.
Soon to be adopted ordinances pertaining to Cannabis Procedures, Rules and
Regulations for Cannabis Procedures and Location Restrictions will provide detailed
information on the various aspects of cannabis business licensing.
Licensing will begin at the discretion of DCR. DCR will generally process applications in
3 phases, with the exception that applications for testing licenses will receive
continuous priority:
1. “Prop M Priority Processing” (Businesses currently authorized by the City)
○ 60-Day Application Window mandated by Measure M
○ DCR expects to begin processing applications for provisional licensing
prior to Jan. 1. 2018
2. Businesses engaged in “Non-Retail Commercial Cannabis Activity Prior to
January 1, 2016”
○ This processing window will close effective April 1, 2018
3. Social Equity Program and General Licensing
○ DCR is likely to begin processing theses applications after April 1, 2018
DCR will coordinate with state licensing and regulatory authorities to grant businesses
the local approval necessary for their state temporary and annual licensing. Generally
businesses must:
● Submit their complete application online
● Pay any fees and/or outstanding tax obligations
● Complete Live Scan
● Provide Notice to Local Neighborhood Council
● Pass Inspections conducted by:
○ DCR
○ LAPD
○ LAFD
○ Department of Building and Safety
DCR will conduct inspections, investigations and audits to determine and monitor
compliance with the City’s Rules and Regulations
General Cannabis Business Operational Requirements include:
○ Responsible Management of Business Premises
○ 24/7 Neighborhood Liaison to Address Complaints
○ Prominently Display Business License and other required signage
○ Prohibition of onsite cannabis, alcohol and tobacco consumption
○ Prohibition of onsite alcohol and tobacco sales
○ Retail Operators must closed by 10 PM
The City Attorney and LAPD will be responsible for Criminal Enforcement and
responding to any criminal related activity, including unlicensed businesses.
CANNABIS BUSINESSES LOCATION RESTRICTIONS
Businesses engaged in Commercial Cannabis Activity are restricted to specified zones
and must observe specified distances from sensitive uses.
The proposed ordinance allows specified types of commercial cannabis activity to
legally operate in the City. The types of commercial cannabis activity and zones where
commercial cannabis activity may operate are summarized as follows:
● Retail activity (Storefront and Non-storefront) is allowed primarily in commercial
and industrial zones: C1, C1.5, C2. C4, C5, CM, M1, M2, and M3.
● Microbusiness activity with on-site retail sales is allowed primarily in industrial
zones: M1, M2, and M3. Microbusiness activity with no on-site retail sales is
allowed also to locate in the MR1 and MR2 Zones.
● Indoor cultivation and “Level 1” manufacturing activity is allowed primarily in
industrial zones: MR1, M1, MR2, M2, and M3.
● Outdoor and mixed light (i.e. greenhouses) cultivation are not allowed in any
zone.
● “Level 2” manufacturing activity is allowed primarily in industrial zones: MR2, M2,
and M3.
● Distribution activity is allowed primarily in industrial zones: MR1, M1, MR2, M2,
and M3.
● Testing activity is allowed primarily in industrial zones: CM, MR1, M1, MR2, M2,
and M3.
The proposed ordinance includes the following specified distancing requirements for
commercial cannabis activity:
● Non-retail activity (includes cultivation, manufacturing (Level 1 & Level 2),
testing, distribution, microbusiness with delivery-only retail or without retail, and
delivery-only retail): 600 feet from schools and day care centers.
● Manufacturing (Level 2, use of volatile solvents): 200 feet from residential zones.
● Retail and microbusiness activity with on-site sales: 700 feet from schools, day
care centers, alcoholism/drug rehabilitation or treatment facilities, permanent
supportive housing, public libraries, public parks, and other cannabis retail and
microbusiness activity with on-site sales.
DCR will not issue a license associated with a premise located in a geographical area of
“Undue Concentration” unless the City Council finds that the approval of that particular
license application would serve public convenience or necessity.
○ In order to determine appropriate thresholds for “Undue Concentration”
specified ratios for maximum concentrations of certain license types have
been determined in each Community Plan Area based on population.
At the instruction of the City Council, the Chief Legislative Analyst contracted with a
consultant to conduct a Social Equity Analysis which included an analysis of poverty
and LAPD statistics, an analysis of barriers to cannabis business ownership and
cannabis industry employment opportunities and recommendations on policy and
program options. After months of community and stakeholder engagement and
thoughtful deliberation the following program components are being considered:
Tier 1 Social Equity Program Participants shall receive priority processing for Retail
Commercial Cannabis Activity Licenses and for Microbusiness Commercial Cannabis
Activity Licenses that include retail on a 2:1 ration with all non-Social Equity
applicants.Tiers 1 through 3 Social Equity Program Participants and Partners shall
receive priority processing for all non-retail License types on a 1:1 ratio with all
non-Social Equity Applicants.
Tier 1, 2 and 3 shall have no less than 50 percent of the weekly hours of their respective
workforce performed by employees whose primary place of residence is within a five
mile radius of the Business Premises. Of those employees, 20 percent shall be Social
Equity Workers and 10 percent shall be Transitional Workers.
● Tier 2 Social Equity Program Participant’s have a 30 percent Social Equity Hire
requirement
● Transitional Worker is defined in Section 104.12 (m) of the Rules and
Regulations.
● Social Equity Worker is defined as a person who is either:
○ Low Income & 5 Year Cumulative Residency in a Community
Disproportionately Impacted by Cannabis Enforcement
OR
○ Low Income & Prior California Cannabis Conviction (that would now be
considered a misdemeanor or infraction under California law)
Currently, Oakland, San Francisco and Sacramento have, or are considering
implementing, Social Equity Programs will similar program criteria and benefits.
In addition to employment and business ownership opportunity, the City of Los Angeles
is considering and has the opportunity to lead the nation in developing a Community
Reinvestment Program and Fund as a part of its Social Equity Program.
The expected costs of the proposed Social Equity Program are unknown as previous
cost analysis captured the costs of the recommendations contained in the Consultant’s
analysis, but not the current program as proposed by City Council.
With initial policy development coming to a close, DCR and the City must quickly shift its
attention towards responsible implementation. The implementation of responsible
regulatory and licensing scheme will take time, resources, commitment and leadership.
The new ordinances and their rules and regulations are comprehensive, complex and
first-in-time, not only for the City but for new business applicants who will be subject to
their enforcement and community members who will be dependent on their ability to
reduce harms largely associated with unlicensed and unregulated cannabis businesses.
It should be expected that the initial implementation of this regulatory framework will be
an adaptive process with gradual steps toward responsible, equitable regulation.
The Department of Cannabis Regulation’s successful launch of implementation requires
substantial resources and prioritization. As the DCR budget and its five allocated
positions, were created prior to the many responsibilities detailed in the proposed
ordinances, DCR is currently grossly understaffed and under-resourced.
DCR’s many proposed responsibilities include but are not limited to:
● Policy Development
● Community Engagement and Education
● Business Training
● Business Licensing Notice and Notification
● Application Processing, Review and Appeals
● State Licensing Verification
● Providing Administrative and Technical Support to the Cannabis Regulation
Commission
● Leading Interdepartmental Coordination as it related to cannabis licensing and
enforcement between City Attorney, CLA, CAO, City Planning, Building and
Safety, LAFD, and LAPD
● Business Inspections
● Managing and Responding to Resident Complaints
● Monitoring and Enforcing Compliance
Despite the sharp contrast between proposed responsibilities and current resources,
DCR continues to receive support from various City departments and is currently
working with the Mayor’s Office and City Council to appropriately scale-up and prepare
for timely implementation.
As the City embarks on this new era of cannabis policy, I look forward to continuing to
ensure that all Angelenos are provided with a responsible, and equitable regulatory
framework that strikes a balance between a complexity of concerns and interests, while
redefining and creating new standards for cannabis businesses and the interactions
they have with our many, diverse communities.
Sincerely,