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On November 8, 2016, the California voters approve Proposition 64, the Adult Use of Marijuana Act (“AUMA”), which legalized adult recreational use of marijuana for adults over the age of 21. Under State law, adults may now use, posses, process, transport or give away 28.5 grams of marijuana or 8 grams of concentrated cannabis. The AUMA further allows adults to cultivate six (6) plants inside a private residence or within a locked area on the grounds of a private residence. While the AUMA allows local governments to ‘reasonably regulate’ indoor cultivation, local governments cannot outright ban indoor cultivation of six plants within a private residence or a locked accessory structure. However, AUMA does recognize local control to regulate or prohibit all outdoor cultivation and all commercial marijuana activities, including dispensaries, manufacturers, testing laboratories, and delivery services, as well as any other marijuana businesses that may develop as a result of the new law.
On June 27, 2017 the Governor signed Bill 94, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”). The MAUCRSA combined the medical and adult-use regulatory schemes to create one single regulatory structure at the state level. The MAUCRSA continues to recognize local control and the state cannot approve licenses for cannabis businesses and cannabis activities if the license would not be in compliance with the local government’s ordinances or regulations. The MAUCRSA also continues to recognize the ability of local governments to prohibit all outdoor cultivation and any other cannabis businesses and/or activities. But local governments must still allow the cultivation of six plants inside a private residence or inside a fully enclosed and secure accessory structure.
On October 23, 2018, the County of Riverside Board of Supervisors approved an ordinance establishing the permitting process and regulations for commercial cannabis activities. As of December 23, 2018, the commercial cannabis activities regulations became effective. However, the County only has land use jurisdiction in the unincorporated areas of the County and is only responsible for permitting commercial cannabis activities in these areas. As of December 26, 2018, the Riverside County Planning Department will accept conditional use permit applications for commercial cannabis testing, distribution, manufacturing, and wholesale nurseries. Commercial cannabis retail, cultivation, and microbusiness applicants must participate in a proposal process by which the County will seek and evaluate proposals from interested parties, where only a limited number of proposals will be selected to move forward to application submital. Please see Article XIXh. of Ordinance No. 348 for regulations on "Commercial Cannabis Activities."
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In the first year of implementation of the new commercial cannabis regulations, the County will accept and process 50 cultivation and 19 retail conditional use permit applications, as selected by the County's approved implementation process. Currently, there is no limit to the amount of applications accepted and processed for commercial cannabis testing, distribution, manufacturing, and wholesale nurseries. |