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TOWN OF TRUCKEE <br /> California <br /> ORDINANCE 2017-15 <br /> AN INTERIM URGENCY ORDINANCE ESTABLISHING A MORATORIUM ON <br /> THE ESTABLISHMENT OR EXPANSION OF CANNABIS BUSINESSES <br /> PURSUANT TO GOVERNMENT CODE SECTION 65858 <br /> WHEREAS;the voters of the State of California approved Proposition 215, entitled the <br /> Compassionate Use Act of 1996, the intent of which was to enable persons in need of <br /> marijuana (also known as cannabis) for medicinal purposes to obtain and use it under limited, <br /> specified circumstances; and <br /> WHEREAS; in 2015 the California Legislature adopted a series of laws collectively <br /> comprising the Medical Cannabis Regulation and Safety Act (MCRSA), establishing a <br /> framework for the licensure and regulation of medicinal cannabis; and <br /> WHEREAS; Proposition 64, also known as the Adult Use of Cannabis Act (AUMA), <br /> was approved by the voters on November 8, 2016. As a result, it is no longer illegal under state <br /> law, regardless of medical purposes, to: (1) possess, process, transport, purchase, obtain, or <br /> give away certain amounts of cannabis or concentrated cannabis, including as contained in <br /> cannabis products, to those 21 years old or older; (2) possess, plant, cultivate, harvest, dry, or <br /> process not more than six living plants and the cannabis produced by those plants; (3) smoke or <br /> ingest cannabis or cannabis products; and (4) possess, transport, purchase, obtain, use, <br /> manufacture, or give away cannabis accessories without compensation to those 21 years old or <br /> older; and <br /> WHEREAS; to regulate the commercial adult-use cannabis industry, the AUMA added <br /> Division 10 to the California Business and Professions Code, establishing state licensing <br /> requirements for commercial cannabis activity, defined as the cultivation, possession, <br /> manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, <br /> delivery, -or sale of cannabis and cannabis products, regardless of medical purposes and <br /> granting state agencies the "exclusive authority to create, issue, renew, discipline, suspend, or <br /> revoke" licenses for businesses including the transportation, storage, distribution, sale, <br /> cultivation, manufacturing, and testing of cannabis, except as otherwise authorized. The AUMA <br /> states that these state agencies shall create the rules and regulations relating to these activities <br /> and begin issuing licenses by January 1, 2018; and <br /> WHEREAS; the AUMA allows local governments authority to prohibit or regulate <br /> commercial cannabis activities and subject the commercial cannabis activities to zoning and <br /> permitting requirements; and <br /> WHEREAS, in June 2017 the California Legislature adopted the Medicinal and Adult- <br /> Use Cannabis Regulation and Safety Act (MAUCRSA), which repealed MCRSA and further <br /> developed the state's regulatory framework for both medicinal and adult-use cannabis while <br /> ' preserving the authority of cities and counties to determine whether and how to allow medicinal <br /> and adult-use cannabis businesses, commercial cultivation and sales to occur within their <br /> jurisdictions; and <br />