How Does the Adult Use of Marijuana Act Affect the City of Davis?

The Adult Use of Marijuana Act (AUMA) became effective on November 9, 2016.  The AUMA legalizes personal consumption, personal cultivation and a commercial cannabis industry.  The following summarizes some of the key provisions in the AUMA.

Personal Consumption and Cultivation

  • Legalizes cannabis use for persons over 21 years of age.
  • Allows for persons over 21 to possess, transport, purchase, obtain or give away up to 28.5 grams of non-concentrated or 8 grams of concentrated marijuana.
  • Persons over 21 years of age are allowed to cultivate up to six (6) marijuana plants within a private residence, inclusive of within a greenhouse or other structure on the same parcel of the property that is not visible from a public space.  A residence includes single-family homes, multi-family apartment units and mobile homes.
  • No smoking of marijuana is allowed in public places (except where authorized locally). 
  • No smoking of marijuana is allowed where smoking tobacco is prohibited.
  • Local governments may reasonably regulate but not prohibit personal indoor cultivation.
  • Local governments may regulate or prohibit personal outdoor cultivation.

Commercial Cannabis Business Licensing Categories

The AUMA provides for up to 19 different types of state licenses for commercial cannabis.  These business license types largely mirror those provided for in the Medical Cannabis Safety and Regulation Act (MCRSA).  The MCRSA is specific to medical cannabis and will coexist with the AUMA.  A summary of the business license categories is as follows:

Dispensary/Retailer Licenses – Businesses that engage in the retail sale of cannabis and cannabis products.  The dispensary licenses also allows for deliveries in addition to a brick and mortar storefront.

Manufacturing Licenses – There are two types of manufacturing license types.  One manufacturing license uses volatile solvents, while the other license does not.  The state will limit the number of licenses that use volatile solvents in the manufacturing process.

Testing License – Laboratories that test cannabis and cannabis products.

Cultivation Licenses – Commercial cultivation licenses vary depending on size of grow, and the types of light that are used.

Distributor License – Dedicated solely to the storage and distribution of products from the cultivators and/or manufacturers to dispensaries.

Transporter License - Transporters of cannabis and cannabis products between licenses.

Microbusiness License – Allows for vertical integration, inclusive of cultivation in an area less than 10,000 square feet, nonvolatile manufacturing and dispensing.

The AUMA bars cannabis businesses from being located within 600 feet of schools and other areas where children congregate. 

The AUMA and MCRSA provide the opportunity for cities and counties to adopt regulations for the cannabis industry specific to their community. 

Current Status of Cannabis Regulations in the City of Davis

In anticipation of potential voter approval of the Adult Use of Marijuana Act, at the November 1, 2016 meeting, City Council approved an interim moratorium on the establishment, creation or expansion of commercial cannabis uses, and outdoor cultivation of cannabis.  At the December 6, 2016 meeting, City Council extended the interim moratorium to July 4, 2017. 

The intent in approving the interim moratorium was to allow for City staff to bring back sensible cannabis regulations for City Council consideration informed by stakeholder outreach. 

Next Steps for the Development of Cannabis Regulations

Planning Commission Hearing on a proposed Cannabis Ordinance

City Council Cannabis Workshop

City Council Hearing on a proposed Cannabis Ordinance

Additional Information & Resources

City of Davis Cannabis Information Page Cannibis Information

City of Davis Zoning Regulations Related to Medical Marijuana Medical Marijuana

City Council Staff Report for Marijuana Considerations November 1, 2016  Marijuana Update12/06/16

City Council Staff Report for Marijuana Business Moratorium Extension December 6, 2016 Marijuana Update 12/06/2016

Urgency Ordinance No. 2488 – Marijuana Interim Zoning Moratorium Urgency Ordinance 2488 Marijuana Moratorium

Urgency Ordinance No. 2489 – Marijuana Smoking Restrictions Urgency Ordinance 2489 Smoking Marijuana

Proposition 64, the Adult Use of Marijuana Act Text  Prop 64

California League of Cities Medical Marijuana Information Page  Medical Marijuana Act

California League of Cities Adult Use of Marijuana Information Page Marijuana Act

California Bureau of Medical Cannabis Regulation Regulation

For further questions or inquiries related to City of Davis cannabis regulations, please contact the Planning Department at (530) 757-5610. 

For questions or concerns related to code enforcement or violations, please contact the Police Department at (530) 747-5400.