§ 6.88.010. Purpose and Intent.

In 1996, the voters of the State of California approved Proposition 215, entitled "The Compassionate Use Act of 1996" ("CUA"). The intent of Proposition 215 was to enable persons who are in need of cannabis for medical purposes to obtain and use it under limited, specific purposes. On January 1, 2004, Senate Bill 420, entitled "The Medical Marijuana Program Act" ("MMP"), became effective. The intent of the MMP was to clarify the scope of the CUA. Nothing in the MMP prevents cities and counties from adopting and enforcing rules and regulations consistent with the CUA and the MMP. The federal government has issued guidelines for states and local governments that have enacted laws authorizing Cannabis-related conduct, requiring them to "implement strong and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health, and other law enforcement interests."

Specifically, the Department of Justice stated that regulations must focus on:

• Preventing the distribution of cannabis to minors;

• Preventing revenue from the sale of cannabis from going to criminal enterprises, gangs, and cartels;

• Preventing the diversion of cannabis from states where it is legal under state law in some form to other states;

• Preventing state-authorized cannabis activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;

• Preventing violence and the use of firearms in the cultivation and distribution of cannabis;

• Preventing drugged driving and the exacerbation of other adverse public health consequences associated with cannabis use;

• Preventing the growth of cannabis on public lands and the attendant public safety and environmental dangers posed by cannabis production on public lands; and

• Preventing cannabis possession or use on federal property.

On November 8, 2016, California voters approved Proposition 64, the Adult Use of Marijuana Act, which permits the non-medical use, adult use, or recreational use of cannabis by individuals age twenty-one (21) and older. Under the proposition, individuals age twenty-one (21) and older would be allowed to smoke or ingest cannabis products as well as possess, process, transport, purchase, obtain, or give away without compensation of any sort, cannabis, and cannabis products, subject to the following limitations:

• Not more than twenty-eight and one-half (28.5) grams of cannabis (not Concentrated Cannabis);

• Eight (8) grams of Concentrated Cannabis including that contained in cannabis products;

• Six (6) living plants per residence (including possession of the cannabis produced by those plants); and

• Public consumption of cannabis is not allowed (except in limited circumstances), and consumption in motor vehicles is prohibited.

The use of cannabis by minors is harmful to their health, brain development, and academic achievement. Furthermore, nothing in state law or federal guidelines permits the distribution of cannabis to minors. The federal guidelines express serious concerns about distribution to minors. This Chapter expressly prohibits the distribution of cannabis to minors.

The federal guidelines express concerns about funding criminal enterprises. This Chapter ensures that patients, caregivers, and residents of San José know the origin of the cannabis being cultivated and distributed in San José Cannabis Businesses. It is the intent of this Chapter to keep drug cartels, criminals, and gangs out of the business of cultivating or distributing cannabis in San José. It is the intent of this Chapter to regulate the cultivation of cannabis in a manner which is responsible and protects the health, safety, and welfare of the residents of San José. It is the intent of this Chapter to protect seriously ill patients and persons age twenty-one (21) and older from cannabis that has been grown or processed in an unhealthy or unsafe manner or by individuals whose motivation is not patient's or person's health and safety.

It is the intent of the City of San José to have a strong and effective regulatory and enforcement system that addresses threats to public safety, health and other law enforcement interests through robust controls and procedures that are effective in practice.

The provisions in this Chapter do not interfere with a patient's right to use Medical Cannabis under state law, nor do they criminalize the possession or cultivation of Medical Cannabis by specifically defined classifications of persons. Additionally, the provisions of this Chapter do not interfere with the rights of a person age twenty-one (21) and older to cultivate or possess Non-medical Cannabis under state law.

It is the purpose and intent of this Chapter to accommodate the needs of the seriously ill and persons age twenty-one (21) and older who want safe access to cannabis from licensed providers, to protect their health and safety, and to protect our neighborhoods, children, and businesses from negative impacts while complying with state law and federal guidelines.

All Cannabis Businesses and Cannabis Activities shall comply with all provisions of this Code, state laws related to cannabis and all other applicable state and local laws. Nothing in this Chapter purports to, nor shall permit activities that are otherwise illegal under state or local law.

By adoption of this Chapter and the provisions of Title 20 related to cannabis, it is the intent of the City to set forth the conditions and criteria which must be met to establish an affirmative defense to criminal and civil enforcement of the San José Municipal Code if such enforcement is based solely upon the conduct recognized herein. It is the intent of the City that the party invoking the affirmative defense must demonstrate strict compliance with this Chapter, the provisions of Title 20 relating to cannabis, and the rules and regulations promulgated thereunder.

Notwithstanding the foregoing, all persons who choose to be involved with Medical or Non-medical Cannabis do so entirely at their own risk that their involvement may constitute a violation of federal or state law.

(Ord. 30210.)