HomeMy WebLinkAboutAB 1894 LTR to Ammiano 20140520�� t Y o�.
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4 / g O 990 Palm Street ■ San Luis Obispo, CA 93401-3249 ■ 805/781-7119
May 20, 2014
VIA FACSIMILE ONLY 916-319-2117
The Honorable Tom Ammiano
Chair, Assembly Public Safety Committee
State Capitol, Room 3146
Sacramento, CA 95814
Re: AB 1894. Falsely Filed Liens or Encumbrances (Medical Cannabis
Regulation and Control Act)
NOTICE OF OPPOSITION
Dear Assembly Member Ammiano:
The City of San Luis Obispo respectfully opposes AB 1894.
AB 1894 represents an approach that has consistently fueled rigorous local government
opposition to marijuana legislation. It would be divisive and ultimately counterproductive to
implement a regulatory scheme for marijuana that overtly, or, through various subtle means,
seeks to undermine local control.
A troubling aspect of this bill is its designation of the Department of Alcoholic Beverage
Control (ABC) as the state licensing entity. Based on its regulation of liquor stores, ABC's
regulatory model is one of near -total state pre-emption. Currently, liquor stores must be sited in
a fashion consistent with local zoning ordinances, but local governments are severely restricted
in their ability to engage in any subsequent regulation of licensees. This is disturbing in the
context of marijuana dispensaries, which can entail more serious public safety challenges than
liquor stores.
AB 1894 represents another attack on municipal zoning and business licensing
ordinances. This measure delegates key local land use and zoning powers to the Department of
Alcoholic Beverage Control. Specifically, AB 1894 directs that ABC shall have the authority to
decide "the maximum number of dispensaries that may operate in a city or county", seeking to
usurp a classic local zoning function. Cities are best equipped to perform this function for
themselves based on local values and priorities.
AB 1894 further undermines local control by delegating to ABC the exclusive power to
adopt standards and minimum regulations for the operations of dispensaries, including but not
limited to hours of operation, signage and advertising. No state agency is equipped to craft such
regulations for 482 cities. This is why regulations of this type are currently commonly found in
local ordinances, not state statutes. Charging a state agency with developing a one -size -fits -all
city of San Luis OBlspo
Assembly Member Ammiano
May 20, 2014
Page 2
"cookie cutter" approach will violate municipal sovereignty, which in turn will only lead to more
litigation on this issue.
AB 1894 contains legislative intent language to "allow" cities to enact reasonable zoning
ordinances with respect to dispensaries and related activities. This statement is clearly
inconsistent with existing law, which vests local governments with zoning powers under State
Constitution. Under Article XI, Section 7 of the California Constitution, "a county or city may
make and enforce within its limits all local police, sanitary, and other ordinances and regulations
not in conflict with general laws." This inherent local police power includes broad authority to
determine, for purposes of public health, safety, and welfare, the appropriate uses of land within
a local jurisdiction's borders. In other words, the California Constitution already makes clear that
decisions on zoning and local land use are the responsibility of local governments.
Various provisions in the bill are in conflict with this fundamental concept of local
control. This will lead to litigation, in which a court will predictably try to resolve the conflict
by looking at whatever evidence of legislative intent can be gleaned from the text of the bill.
Currently every expression of legislative intent in the bill lends itself to a legal finding of state
pre-emption. Language of this type provides cities with no comfort whatsoever that their local
ordinances will not be pre-empted by this legislation.
For the above reasons, the City of San Luis Obispo opposes AB 1894.
Sincerely,
an Marx
ayor
Cc: City Council
Police Chief
Senator Bill Monning, fax 916-445-8081
Assembly Member Katcho Achadjian, fax 916-319-2135
David Mullinax, League of California Cities, dmulllinaxLcyslocity.org