City Seeks To Formally Ban Marijuana Cultivation, Distribution

Glendora Police haul away marijuana cultivated in a storage unit near Gladstone Street and Lone Hill Avenue Sept. 25, 2012. Photo by Aaron Castrejon.

The Glendora Planning Commission may recommend the City Council formally adopt a ban on recreational and medical marijuana cultivation, possession and distribution in the city.

The discussion and vote tonight is a response to Governor Jerry Brown’s signing of The Medical Regulation and Safety Act into law October 9, which could create legal issues for the city down the road.

The proposed ordinance would amend Title 5 (Business License and Regulations), Title 9 (Public Peace, Morals and Safety) and Title 21 (Zoning) to prohibit cultivation, possession and would explicitly ban delivery from any dispensary, regardless of location, City Staff said.

View the Draft Ordinance

The Medical Regulation and Safety Act will go into effect January 1, 2016.

Although Glendora’s Municipal Code does not explicitly prohibit the cultivation or manufacture of marijuana and marijuana products, such activities are not allowed under permissive zoning rules, City Staff reported.

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The Medical Regulation and Safety Act marries three pieces of legislation: AB 266, AB 243 and SB 643. All combined would allow for the issuance of licenses to allow the cultivation of marijuana and delivery of medical marijuana in the absence local laws.

The Medical Regulation and Safety Act would also allow for the issuance of licenses, including for marijuana cultivation in a nursery. Since the city does not explicitly prohibit marijuana cultivation, City Staff recommends adding prohibitive language to the Business License and Regulations Code and Zoning Code.

The city already enforces a ban on marijuana dispensaries.

In August of 2008, Glendora adopted Ordinance 1903, banning marijuana dispensaries citywide, passed in the wake of Senate Bill 420, which allowed local jurisdictions the power to enforce locally adopted laws.

The Planning Commission meeting is scheduled for 7 p.m. in the Council Chambers, 116 E. Foothill Blvd.