Cannabis Business Regulations
Cannabis BUSINESS Operating PermitsPursuant to Chapter 6.80: Commercial Cannabis of the El Cerrito Municipal Code, the City will be issuing a maximum of two Operating Permits for Cannabis Retail Businesses. At this time, only cannabis retail is permitted. Operating Permits will NOT be issued to other cannabis business types (e.g. commercial cultivation, manufacturing, etc.) The initial review application period closed on March 30, 2018.
City staff, including the Police Department, have reviewed the applications received prior to the deadline. Based upon this this review and the merits of the applications, the City Manager intends to take action on an application for an Operating Permit for a cannabis business located at 11886, 11888, 11896 and San Pablo Avenue. The application is available for review at City Hall during business hours. Comments on the application and proposed business will be accepted until July 3, 2018. Written comments can be sent to the Planning Division. A public meeting will be also be held on Tuesday, June 26, 2018 at 7:00 p.m in the City Council Chambers at City Hall. The public meeting will be an opportunity to hear about the details of the proposal and to give public comments. The notice for the public meeting is available here.
The information below reflects the past public process which was conducted regarding commercial cannabis in El Cerrito. The El Cerrito City Council adopted the Commercial Cannabis Ordinance on December 19, 2017.
Commercial Cannabis Public Process
City Council Meeting - Commercial Cannabis OrdinanceAt the November 21, 2017 City Council meeting, the City Council introduced a Commercial Cannabis Ordinance based on the City Council's input from the October 3, 2017 study session. The agenda for the meeting is available here.
City Council Study Session - October 3, 2017
On October 3, 2017 the City Council held a study session to discuss and hear public input regarding a draft of an ordinance regulating cannabis businesses in El Cerrito.
community meeting regarding regulations for cannabis-related businesses -- September 13, 2017
On September 13, 2017, the City of El Cerrito held a community meeting to receive public input regarding an update to the City’s regulations for cannabis-related businesses.
This community meeting provided an opportunity for interested parties to share input about Cannabis regulations in El Cerrito. Subsequent to the meeting, staff developed a draft ordinance based on the City Council’s direction, public input, and best practices.
Council Presentation and Possible Direction on Marijuana Regulation -- April 18, 2017
Last year, the City began a process to evaluate whether the City Council should lift and/or modify the City’s ban on medical marijuana dispensaries (enacted in 2006) and ban on cultivation and delivery of marijuana (enacted in 2016).
On April 18, 2017 the City Council heard a presentation and provide direction to staff regarding regulation of marijuana in the City of El Cerrito.
Download the meeting agenda.
At the meeting, the Council was presented with a preliminary potential framework for regulation of marijuana.
Download the presentation (PDF), which includes
- a background of regulation of marijuana in the United States
- a summary of the recent public process related to marijuana regulation in El Cerrito
- posed questions for the City Council for discussion of possible changes to the City’s regulation of marijuana.
Community Meeting - Fall 2016
Thank you to everyone who attended the community meeting on September 12, 2016 to provide information and give feedback.
Download the presentation
Download the notes from the group exercises
Download summary of comment cards from meeting
On December 6, 2016, staff presented an informational update to the City Council including a summary of the community meeting.
Overview of Marijuana Business Regulations
2003: California’s Medical Marijuana Program Act established possession limits for medical marijuana, a voluntary medical marijuana ID card program at the county level, and the right of patients to cultivate marijuana collectively. The act resulted in the establishment of medical marijuana dispensaries throughout the state.
Licensed medical marijuana dispensaries currently operate in the nearby cities of Richmond and Berkeley, as well as elsewhere in the east bay area.
2006:The El Cerrito City Council prohibited medical marijuana dispensaries in El Cerrito.
2015:California’s Medical Cannabis Regulation and Safety Act (MCRSA) established the Bureau of Medical Marijuana Regulation and created a State and local permitting process for medical marijuana businesses and cultivation and also regulated physician recommendations for medical marijuana.
2016:California Proposition 64, the Adult Use of Marijuana Act, was passed by California voters, which:
• Legalizes marijuana under state law, for use by adults 21 or older.
• Imposes state taxes on sales and cultivation.
• Provides for industry licensing and establishes standards for marijuana products.
• Allows local regulation and taxation.
Under the new State law, as of November 9, 2016, it is legal for individuals to use and grow marijuana for personal use. However, the AUMA requires a state license to engage in commercial nonmedical marijuana activity and licensing authorities will not begin issuing licenses before January 1, 2018.
City can adopt business or land use regulations prohibiting or regulating commercial nonmedical marijuana businesses, which will be honored by the state. (State licensing authorities will not issue a license to a commercial nonmedical marijuana business if operation of the business violates a local ordinance of the jurisdiction in which the business will operate.)
Cities can ban the delivery of commercial nonmedical marijuana within their jurisdiction.
Cities can also ban commercial cultivation, personal outdoor cultivation, or retail sales of marijuana, however, this would make the city ineligible to receive state grant monies funded through the new state excise taxes established by AUMA.
Note: Marijuana use and cultivation remains illegal under federal law.