HomeMy WebLinkAboutBureau of Cannabis Control_20180818
August 1, 2018
Lori Ajax, Chief
Bureau of Cannabis Control
P.O. Box 419106
Rancho Cordova, CA 95741
Submitted via Email: bcc.comments@dca.ca.gov
RE: Bureau of Cannabis Control Proposed Regulations – July 2018
Dear Chief Ajax:
The City of San Luis Obispo appreciates the opportunity to comment on the proposed
regulations released in July 2018, which seek to codify the emergency regulations
implemented in December 2017.
The City of San Luis Obispo strongly objects to two proposed changes that are in fundamental
conflict with both the language and intent of Proposition 64 and will undermine our city’s
ability to effectively regulate cannabis at the local level:
• Section 5416(d), would drastically preempt local control and regulatory authority by
authorizing cannabis delivery anywhere in the state, regardless of conflicting local
regulations or bans, and
• Sections 5001(c) (11) and 5002(c) (28) would undermine the ability of local agencies
to ensure community standards are met by reducing from 60 to 10 days the period to
verify if a licensee has obtained necessary local approvals.
The City of San Luis Obispo believes the two proposed regulations go beyond the BCC’s
regulatory authority and instead create new cannabis policy outside of the legislative process.
California’s voters were assured that “64 preserves local control”1 and these regulations
eradicate local control of cannabis delivery by allowing cannabis deliveries to every
jurisdiction in California. The League of California Cities engaged in the process of drafting
Prop 64 with the express interest of preserving local control and the proposed changes would
both undermine the trust we had in that process and the very essence of what it means to exert
our local authority.
Through extensive public engagement with the community and cannabis industry, the City of
San Luis Obispo has adopted Cannabis Regulations that establish regulatory standards for
cannabis business operations. These regulations were developed to establish standards to
protect public health and safety in a manner tailored to the needs of our local community,
1 (Ballot Pamp., General Elec. (November 8, 2016) rebuttal to Argument against Prop. 64, p. 99.)
Bureau of Cannabis Control
August 2, 2018
Page 2
while allowing the cannabis industry to operate under local control. The proposed changes
listed above would inappropriately limit local control and undermine the community’s trust
in the agency’s commitment to honoring the representations of local control made to the voters
in our community who approved Proposition 64.
For these reasons, the City of San Luis Obispo respectfully opposes these regulations until
such time as they are amended to address the concerns listed above. We look forward to
continued opportunities to comment on specific regulatory proposals.
Sincerely yours,
Heidi Harmon
Mayor
City of San Luis Obispo
Cc: City Council
Senator Monning
Representative Cunningham
Dave Mullinax, League of California Cities, dmullinax@cacities.org
Meg Desmond, League of California Cities, cityletters@cacities.org