A citizens committee created to broach potential regulations for marijuana use in San Bernardino is suggesting the city allow personal cultivation of up to six plants without a permit while prohibiting outdoor smoking in most public places.
A public hearing is set for the Wednesday, Dec. 20, San Bernardino City Council meeting.[related_articles location=”left” show_article_date=”false” article_type=”automatic-primary-section” curated_ids=””]Also to be discussed Wednesday is the adoption of a 45-day interim ordinance prohibiting marijuana use locally so city leaders can review the recommendations and the fallout of a court decision to be made Dec. 28 on the validity of Measure O.
Approved by 55 percent of voters in 2016, the measure – which is being challenged in court – permits cannabis dispensaries in a limited number of locations in San Bernardino.
The nine-member marijuana advisory committee, created earlier this year, hosted five public meetings over the past two months, a city report states. Discussion included regulations for personal cultivation in residential zones, marijuana consumption/smoking in public areas, taxes and fees, and activities not covered by Measure O.
The committee of mostly city commissioners worked with cannabis consultants from HdL, a Diamond Bar company with industry expertise.
The body’s recommendations to the City Council are:
1. Cultivation in residential zones should not require a permit, but would be limited to six plants per single-family residence or detached condominium, per Proposition 64. Outdoor cultivation should be permitted as long as plants don’t exceed six feet in height and are within an enclosed area secured by a solid wall or fence. Cultivation within the front yard setback is prohibited.
Those in multi-family residences and apartments cannot grow cannabis on balconies, patios, common areas or walkways. Indoor cultivation there cannot be publicly visible.
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2. Smoking and inhaling cannabis is prohibited within 1,000 feet of such public places as schools, day care and youth centers, libraries, parks, bicycle paths, and alcohol rehab centers or substance abuse facilities. The use of cannabis also is prohibited in places of business, dining and service areas, city vehicles and on city campuses.
Owners of such sites must post “No Smoking and No Vaping” or “Smoke-Free” signs at entrances.
Violators would be fined $50 for a first offense, $100 for a second and $200 for a third and every one thereafter.
3. The city will collect a gross receipts tax of 3 percent from marijuana businesses and a permitting and annual renewal fee for cultivation facilities, which also are to pay $1 per square foot of canopy space and $1 per square foot of lease space for labs, manufacturing, distribution, procession and micro businesses.
Lastly, committee members urged city leaders to consider the impact of special marijuana events in the city would have on San Bernardino’s reputation, public health and safety.
The 5 p.m. meeting is in the Council Chambers, 201 N. E St., San Bernardino.
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