The Martinez City Council is set to revisit its cannabis ordinance on Wednesday and update language as it aims to clean up some of its regulations.
The council first adopted a cannabis ordinance back on April 3, 2019 to establish regulatory requirements on various adult-use and medical cannabis uses which include the following types and uses of commercial cannabis businesses:
- Dispensary or retail cannabis stores—maximum of two.
- Manufacturing—maximum of one.
- Distribution—maximum of one.
- Testing laboratory—maximum of one.
- Non-storefront retail business—maximum of one
The City has selected and issued Commercial Cannabis Operating Permits (“CCOP”) to four cannabis operators, as follows:
- Dispensary or Retail Cannabis Stores (2) – Velvet Cannabis and Embarc
- Manufacturing (1) – Opposite Coast
- Distribution (1) – Yerba Buena Logistics
- Non-storefront retail business – Yerba Buena Logistics
The city said at this time, only the two retail cannabis operators remain in business.
Staff is recommending the following:
- Site Security – The regulations require existing Security Plan components of each cannabis proposal to provide a “Security Personnel Staff Plan,” which mandates at least two security personnel on-site 24-hours a day. Existing commercial cannabis businesses did not meet this requirement until recently, based upon recommendations to the contrary by prior public safety management staff. The City recently enlisted its cannabis consulting firm, HdL, to assess what the best management practices were for other San Francisco Bay Area agencies in regards to requiring on site security personnel 24 hours a day on a cannabis premises.The results of HdL’s survey (Attachment B) revealed that out of 27 agencies that allow storefront retailers, only one other jurisdiction (San Leandro) requires more than one security guard be on-site, and that only three other jurisdictions (Fairfield, Suisun City, and Vacaville) require on-site security 24 hours a day, rather than just during hours of operation (or one-half hour before and after closing, as the case may be). A more flexible approach representative of best practices would allow for the increasing or decreasing of the number and times for on-site security guards to be required, based upon crime trends and the success of deterrent measures, such as target hardening, remote surveillance, and random patrols, and issued at the discretion of the City Manager and Chief of Police jointly. Aside from providing the authority to increase or decrease the on-site security, the Council should consider whether a minimum on-site presence 24 hours a day should remain in the regulations. In considering the change, the Council should consider the impact a reduced on-site security presence could have on the demand for finite law enforcement resources.The Martinez Unified School District requested that if a cannabis operation is granted a reduction from requiring on-site security 24 hours a day, the operation would be required to have on-site security until after school programs at adjacent facilities end. Based on this feedback, staff recommends the Council incorporate this request if the decision is made to eliminate a minimum 24/7 on-site security presence.
- Equity – Require applicants to propose specific measures to address diversity, equity, and inclusion.
- Signs – Prohibit advertising on any billboards installed on property within the Martinez City limits.
- Events – Explicitly prohibit temporary cannabis events, like at concerts or county fairs. Note, cannabis events are prohibited by default under State law.
- Health Information – Require posting on-site health information, subject to review and approval by the Planning Division.
- Consumption – Prohibit on-site consumption in all cannabis businesses Buffer Requirements – Add a new buffer requirement of 1,000 feet from parks, playgrounds, colleges, universities, and libraries, in addition to the existing school buffer of 600 feet. Expand the existing 600-foot buffer from schools (kindergarten through grade 12), daycares, and youth centers to 1,000 feet. Existing commercial cannabis businesses comply with this requirement. The recommended changes to the buffer requirements are due in part to feedback from Craig Lazzeretti, the Martinez Unified School District, and the Public Health Institute.
- Delivery Permit – Add requirement for any adult-use delivery business operating in Martinez to have a Martinez CCOP. Notably, this requirement would pose a challenge to enforce.
- Delivery Locations – Explicitly prohibit deliveries from terminating at parks, playgrounds, daycare centers, residences located on a school campus, workplaces involving trucking or transportation, or transit centers. Note, per State law, delivery employees shall not deliver cannabis goods to an address located on publicly-owned land or any address on land or in a building leased by a public agency
- Terminology – Use the term “adult-use” rather than “commercial” or “recreational” cannabis, to distinguish from medicinal cannabis.
Should Council indicate a desire to move forward with changes to the existing cannabis regulations, staff will return in February 2024 with a proposed Municipal Code Amendment for further consideration as part of a public hearing.
Martinez City Council Meeting
- DATE: Wednesday, January 17, 2024
- TIME: 7:00 PM
- PLACE: Council Chamber, 525 Henrietta Street, Martinez, CA 94553; and via Zoom
- Agenda – click here
Related
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- Aug 18, 2023 – Martinez Police Fire Shots at Cannabis Dispensary Burglary Suspects