CA: Danville Council Approves Stringent Marijuana Regulations

Katelyn Baker

Well-Known Member
New regulations for marijuana-related activities are set to take effect in Danville next month as part of town officials' response to statewide voters approving recreational marijuana use under Proposition 64 in November.

The Town Council gave final approval last week to a local ordinance that prohibits all marijuana sales, delivery, processing and outdoor cultivation within the town limits while allowing up to six marijuana plants to be grown indoors at residences for personal use.
The Danville ordinance, scheduled to take effect Feb. 9, features a series of rules for indoor cultivation inspired by specific regulations approved in Pittsburg and Martinez.

The regulations include stipulations such as the property must be primarily used as a residence, and marijuana cultivation can't been a home occupation. The property owner must give written consent allowing marijuana growing, and the cultivation is limited to six marijuana plants per home, regardless of how many people live there.

The cultivation can occur only inside a home or accessory structure that has adequate mechanical locking or electronic security systems installed. The grow area cannot be accessible to people younger than 21 years old, and it must have a portable, up-to-code fire extinguisher.

Also, indoor grow lights must not exceed 1,000 watts per light, gas products (such as butane, propane and natural gas) and generators can't be used in the cultivation process. Grows in fully enclosed and secure structures must have a ventilation and filtration system to prevent marijuana plant odors from going outside.

The new Danville ordinance largely extended the town's previous medical-marijuana rules to recreational marijuana. The town formally prohibited medical marijuana cultivation, delivery and processing in January 2016 after already having a dispensary ban on the books.

The key difference is the new ordinance allows indoor cultivation, as Prop 64 protects people's right to grow up to six plants in their home as long as the cultivation area is locked and can't be seen from a public place.

The new state law allowed cities to retain regulatory control over marijuana sales, delivery, processing, commercial growing and outdoor personal cultivation, and they could "reasonably regulate" indoor growing so long as the six-plant personal cultivation limit wasn't infringed upon, according to Danville city attorney Rob Ewing.

Prop 64 -- the Adult Use of Marijuana Act, which California voters approved Nov. 8 with 57.1% support -- legalized the use and possession of recreational marijuana for adults 21 years of age and older and directed the creation of a state regulatory system for the sale, cultivation and processing of marijuana and related products.

The state is required to create a licensing board to regulate marijuana-related activities by Jan. 1, 2018, Ewing said.

The council last month indicated support for revisiting the delivery debate for Danville in the future after the state establishes its post-Prop 64 licensing program and other laws.

Councilman Robert Storer and the Danville Planning Commission encouraged the council to allow delivery in Danville, with Storer citing the needs of ill patients who need marijuana to ease pain but can't travel to out-of-area dispensaries. Ultimately Storer sided with his colleagues in the delivery ban.

The Danville marijuana ordinance was formally adopted in a unanimous vote as part of the council's consent agenda during a morning meeting Jan. 10. All five council members had endorsed the proposal during a public hearing and 45-minute discussion Dec. 20.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Danville Council Approves Stringent Marijuana Regulations
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