- Posted by Erica Treeby
- On December 14, 2016
- breaking, cannabis, Cannabis License, Cannabis Permit, cultivation, dispensary, Emerald Triangle, licensing, manufacturing, MCRSA, MMIZ, regulations
While many local jurisdictions have enacted partial or complete bans on medical cannabis related activities within their borders, the City of Arcata has chosen a different and more progressive path. Part of the Emerald Triangle–a large cannabis producing region that includes Trinity, Humboldt and Mendocino counties–Arcata is the second largest city in Humboldt County with a population of over 17,000. With the marijuana industry making up a significant portion of Arcata’s economy, local legislators moved quickly to develop regulations for commercial medical cannabis businesses to align with the Medical Cannabis Regulation & Safety Act (“MCRSA”). MCRSA, which is comprised of AB 243, AB 266, and SB 643, established a statewide comprehensive regulatory system for commercial medical cannabis businesses.
Earlier this year, Arcata’s City Council approved ordinances, and land use zoning and permit regulations, which embrace commercial medical marijuana activities within the city. Arcata’s Medical Marijuana Regulatory Program is comprised of recently adopted Ordinances 1468 and 1472, as well as Resolution 156-40.
Ordinance 1468, which was drafted by the planning commission in preparation for the rapidly expanding marijuana industry, amended the Land Use Code (“LUC”) to create the City’s Medical Marijuana Innovation Zone (“MMIZ”), codified at section 9.28.130 of Arcata’s Municipal Code. The MMIZ was created around three blighted former Humboldt Flakeboard Panel parcels (designated “Area 1″), as well as a nearby area of parcels, where the owners requested inclusion in the MMIZ (designated “Area 2”). A Zoning Clearance is required for Area 1; and a Conditional Use Permit, of which only four will be issued, is required for Area 2.
Commercial medical cannabis activities permitted within the MMIZ include: manufacturing of cannabis products such as edibles, oils, and tinctures; medical marijuana cultivation, processing and warehousing; as well as research, testing, and new medical marijuana product development.
Ordinance 1472 amended Chapter 10 of the Arcata Municipal Code pertaining to the use and regulation of medical marijuana. Prior to the amendment, the Chapter addressed personal medical marijuana use only. The new law specifies that a city-issued permit is required before conducting commercial cannabis activity within the city limits.
By Resolution No. 156-40, the City Council adopted Commercial Cannabis Activity Permit Regulations, which implement Chapter 10 of the Municipal Code and establish rules and policies pertaining to the issuance, compliance monitoring, renewal and enforcement of Commercial Cannabis Activity Permits (“CCAP”) within the MMIZ. The City of Arcata will issue permits for eight categories; including manufacturing, testing laboratory, dispensary, distribution, transportation, delivery, and cultivation. The City began accepting applications for CCAPs on April 1, 2016.
We welcome you to contact CannaBusinessLaw for expert assistance in compliance with cannabis licensing, permitting and the application process relating to commercial cannabis in California.