HomeMy WebLinkAboutAB 1356_20190510_clTY,0�1
Office of the City Council
990 Palm Street, San Luis Obispo, OA 93401-3249
805.781.7114
slocity.org
10 May 2019
The Honorable Lorena Gonzalez
Chair, Assembly Committee on Appropriations
State Capitol Building, Room 5050
Sacramento, CA 95814
RE: AB 1356 (Ting) Cannabis: Local Jurisdiction: Retail Commercial Cannabis Activity
Notice of OPPOSITION (as Amended 4/30/19)
Dear Assembly Member Gonzalez:
The City of San Luis Obispo respectfully opposes AB 1356 (Ting) because the bill undermines and conflicts
with the fundamental principles of local control exercised by locally accountable elected Councilmembers,
which are an integral part of the foundation on which the voters approved Proposition 64.
Under this bill, if more than 50 percent of the voters of a local jurisdiction voted in favor of Proposition 64,
these local jurisdictions would be required to issue a minimum number of licenses authorizing retail
cannabis activity within that jurisdiction. More specifically, the bill requires these cities to issue a minimum
of one retail cannabis license for every four liquor licenses, or one retail cannabis license for every 10,000
residents.
Existing law, under both the Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA)
and Proposition 64, states that local jurisdictions can adopt and enforce local ordinances to regulate
cannabis businesses. By removing local governments' ability to regulate brick and mortar retail cannabis
shops, AB 1356 negates a primary purpose of California's established dual licensing structure.
Regarding the measure's mandated 1 -to -4 ratio, there is simply no nexus between a city's regulation of
citizens' access to retail commercial cannabis and the number of liquor establishments within a community.
By requiring such a ratio, AB 1356 proposes an arbitrary land use standard for individual cities and counties
without regard to individual distinctions, local context, or local community values.
In seeking to eliminate locals' authority to ban or regulate retail commercial cannabis businesses consistent
with the input of local community members to their local officials, AB 1356 would ultimately strip cities
and counties of the ability to decide what is appropriate for their community. This bill contravenes the
framework understood by the voters when approving Proposition 64 and circumvents, rather than advances,
the will of the voters.
For these reasons, the City of San Luis Obispo opposes AB 1356.
Sincerely,
Heidi Harmon
Mayor
City of San Luis Obispo
cc. San Luis Obispo City Council
State Senator Bill Monning, fax (916) 651 — 4917
State Assembly Member Jordan Cunningham, fax (916) 319-2135
Derek Dolfie, League of California Cities, dddolfie@cacities.org
Meg Desmond, League of California Cities, CityLetters@cacities.org