City of Concord, California

Marijuana Regulations

On November 8, 2016, California voters approved Proposition 64, the Control, Regulate, & Tax Adult Use of Marijuana Act (“AUMA”), which made adult-use (recreational) marijuana use legal. This Act was in addition to the Compassionate Use Act of 1996, the Medical Cannabis Regulation & Safety Act, and other previously approved State laws related to medical marijuana use. As a result, the State is developing regulations related to both medical and adult-use marijuana, and the State will begin issuing marijuana licenses on January 2, 2018. If cities and counties do not adopt their own regulations and/or a ban prior to January 2, 2018, then the State may issue a marijuana license to a local business approving the use in Concord since they will be considered permitted uses.

To determine what regulations should be developed here in the City of Concord, the City Council engaged with the community and directed staff to evaluate marijuana related activities. In order for the Council and the community to retain control and decide what uses are appropriate here in Concord, and where, the City Council has directed staff to prepare a ban on various uses (detailed below). This ban would be in effect only until such time as marijuana related activities can be evaluated and regulations developed that are consistent with the community’s desires. The proposed ban will be considered by the City Council at its meeting on November 14, 2017.

This page was developed to provide a central location for information related to this effort and will be updated as regulations are considered.

Proposition 64

On November 8, 2016, California voters approved Proposition 64, the Control, Regulate, & Tax Adult Use of Marijuana Act (“AUMA”), which legalized adult (recreational) marijuana use.

Effective November 9, 2016, the AUMA makes it legal for persons 21 years or older to:

  1. smoke or ingest marijuana or marijuana products,
  2. possess, process, transport, purchase, obtain, give away without compensation to persons 21 years or older 28.5 grams of marijuana or 8 grams of concentrated marijuana, and
  3. possess, plant, cultivate, harvest, dry, or process up to six living marijuana plants per legal dwelling unit for personal use.

The AUMA permits local jurisdictions to regulate and/or ban adult-use marijuana, related to cultivation, distribution and delivery, transportation, manufacturing, testing laboratories, retail stores (both storefront and non-storefront), and micro-marijuana facilities. The AUMA created a State regulatory and licensing system governing the commercial cultivation, testing, and distribution of adult-use marijuana, and the manufacturing of adult-use marijuana products.

Existing Concord Regulations

Consistent with State law, currently the City of Concord allows only the following uses:
  • Indoor cultivation of up to six plants per dwelling unit for personal use (medical and adult use), and
  • Delivery of medicinal marijuana to qualified patients from licensed dispensaries located outside of Concord. Delivery services must register with the Concord Police Department by calling (925) 671-3075.

Outdoor cultivation of marijuana has been prohibited since April 2013. The reasoning for approving the prohibition included: 1) providing for the public health, safety, and welfare, 2) limiting odor caused by marijuana from impacting adjacent properties, and 3) preventing the attractive nuisance created by marijuana cultivation, which creates the risk of burglary, trespass, robbery, and armed robbery, requiring the expenditure of scarce police and public safety resources. The regulations limited medical marijuana cultivation to enclosed, occupied dwellings, where it is not visible from the public. The installation of grow lights, fans, ventilation devices, or other electrical and mechanical equipment was required to comply with all applicable building and fire code requirements and obtain any necessary permits.

Marijuana dispensaries have been prohibited in Concord since September 27, 2005. However, given public input related to the need for convenient access to medical marijuana, on July 25, 2017, the Council approved medical marijuana deliveries as noted above.

Survey

The City contracted with Godbe Research to conduct a statistically valid survey related to various marijuana uses to better understand the community’s support or opposition to the types of uses and where they may be permitted. The survey results will assist the City Council and staff in developing policies, based on feedback that is representative of Concord’s demographics. The survey was conducted in late August 2017.The survey results may be reviewed by clicking here. The survey results were presented to the public and the City Council at the October 24, 2017 City Council Meeting.

Meetings / Topic

The City Council and Planning Commission have conducted meetings to consider policy direction related to marijuana uses. These meetings and a brief topic are noted below along with links to the staff report.  Meeting videos and annotated agendas (action minutes) may be found on the City website.

Meeting Body & Date Topic Staff Report Video Annotated Agendas Minutes
11/14/2017 – City Council Adapted ban on certain activities Report in PDF Report in PDF Report in PDF  
10/24/2017 – City Council Proposed ban on certain activities, marijuana survey results, and work plan Report in PDF Report in PDF    
9/6/2017 – Planning Commission Proposed ban on certain activities Report in PDF Report in PDF Report in PDF Report in PDF
7/25/2017 – City Council Adopted medical marijuana delivery regulations Report in PDF Report in PDF Report in PDF  
7/12/2017 – Council Committee Marijuana survey Report in PDF   Report in PDF  
6/27/2017 – City Council Proposed medical marijuana delivery regulations Report in PDF Report in PDF Report in PDF Report in PDF
5/24/2017 – Council Committee Overview of marijuana regulations Report in PDF   Report in PDF  
1/10/2017 – City Council Adopted ban on outdoor marijuana cultivation and clarification on business license and paraphernalia regulations Report in PDF Report in PDF Report in PDF Report in PDF
12/13/2016 – City Council Proposed ban on outdoor marijuana cultivation and clarification on business license and paraphernalia regulations Report in PDF Report in PDF Report in PDF Report in PDF

Mailing List

If you would like to be added to the Cannabis Planning mailing list, please email cannabis@cityofconcord.org.

Related Links

The following links may provide useful information to the community’s discussion and Council consideration of marijuana regulations:
Bureau of Cannabis Control
Bureau of Medical Cannabis Regulation
Cole Memo Regarding Marijuana Enforcement
Compassionate Use Act of 1996
Controlled Substances Act
Control, Regulate, & Tax Adult Use of Marijuana Act
Medicinal & Adult-Use Cannabis Regulation & Safety Act
Medical Cannabis Regulation & Safety Act
Medical Marijuana Program Act
United States Drug Enforcement Administration

 
City of Concord CA