CA: Chino Hills Bans Marijuana Commerce

Katelyn Baker

Well-Known Member
The City of Chino Hills has banned all commercial marijuana activity in response to last month's passage of Prop. 64 that legalized marijuana use for adults 21 and older.

The new law allows recreational use of marijuana but does not forbid cities from adopting ordinances to regulate or ban marijuana-related businesses.

The council approved two urgency ordinances Nov. 22 that went into effect immediately to keep pot shops out of the city and ban cultivation except for up to six plants within a private home.

The council also introduced a non-urgency ordinance banning commercial use of marijuana to back up the urgency ordinance. If the urgency ordinance is successfully challenged, the regular ordinance will be in effect.

Assistant city attorney Elizabeth Calciano said the ordinance will send a message to business owners that the city does not favor marijuana establishments.

She noted the city council over the years has consistently taken action to prohibit marijuana-based businesses.

The new law does not affect federal laws and regulations pertaining to marijuana, Ms. Calciano added.

The law allows residents to grow up to six plants for personal use inside a house, apartment unit, mobile home, greenhouse, shed or garage as long as they are fully enclosed in a locked space and out of public view, she said.

Marijuana use is not allowed outside, according to the new law, she said.

Cities cannot prohibit legal marijuana delivery businesses from traveling on city roads, but can prohibit marijuana delivery inside the city for compensation, the attorney added.

Chino Hills prohibited such deliveries for compensation in the urgency and permanent ordinance.

The first urgency ordinance approved by the city council prohibits marijuana businesses and the second imposes a 45-day moratorium on marijuana-related land use during which time no business license can be issued for marijuana-related land use.

The moratorium will allow reasonable time for the city to consider zoning standards governing marijuana-related land use.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Chino Hills Bans Marijuana Commerce
Author: Marianne Napoles
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