On Tuesday, the Brentwood City Council unanimously agreed to increase fines unlicensed commercial cannabis activity — creating a new $1,000 administrative fine.
Under Prop 64, it allows adults to plant, cultivate, harvest, dry, or process not more than six cannabis plants and possession cannabis produced by the plants.
If anything more, the Brentwood’s current administrative citation fines are $100 for the first violation, $200 for the second violation, and $500 for the third violation.
In accordance with State Law, the proposed ordinances provide the tools that allow the City to issue citations of up to $1,000 per plant, per day for specified violations involving qualifying unlicensed commercial cannabis activity, up to an aggregate amount of $10,000 per day.
Administrative citations can also be issued for violations of building, plumbing, electrical, or other similar structural health and safety requirements provided those violations result from or facilitate qualifying unlicensed commercial cannabis activity and are subject to the same $10,000 per day aggregate cap for immediate penalties.
As part of the changes to the municipal code, staff created a new administrative fine of up to $1,000 for each qualifying violation involving unlicensed commercial cannabis activity under Chapters 9.50 and 17.780, which is higher than the City’s typical administrative fine of $250. The new $1,000 administrative fine is the maximum amount allowed per violation for an immediate administrative penalty imposed under Government Code Section 53069.4(a)(2)(B).
The resolution identifies the amount of the administrative citation fine but does not independently expand liability. The fine is intended to operate as an administrative penalty that deters violations rather than as a regulatory fee calculated to recover the City’s cost of each enforcement action.
The ordinances also maintain the City’s prohibition on cannabis facilities and commercial cannabis activities to the fullest extent permitted by state law, while recognizing lawful personal cultivation, medicinal cannabis delivery, transportation on public roads, and other activities protected by state law.
After the staff report, without any public comments or council commentary, the council voted 5-0 to increase the fines.
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