The Jurupa Valley City Council has placed Measure B on the ballot asking voters to approve an ordinance prohibiting all commercial cannabis activity in the City. “Commercial cannabis activity” includes the “cultivation, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products.” “Cannabis” is the term now used under State law for “marijuana.”
City of Jurupa Valley Ordinance No. 2016-13 prohibits all marijuana dispensaries and commercial marijuana activities in all zones of the City under the authority of “Proposition 64,” adopted by the voters on November 7, 2016 and the State laws adopted by the Legislature to implement Proposition 64. Measure B would continue that prohibition and make it unlawful to conduct or perform any commercial cannabis activity in the City.
Similar to Jurupa Valley Ordinance No. 2016-13, Measure B would make it unlawful for any person to:
1. Own, manage, establish, conduct, or operate, or to participate as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial cannabis activity in the City; and
2. Cultivate cannabis outdoors or indoors for any use with two limited exceptions.
As mandated by State law, cultivation of cannabis is allowed indoors, for adult-use purposes in limited amounts. Under this exemption, persons 21 years of age or older may plant, cultivate, harvest, dry or process no more than six live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence. The private residence or accessory structure must be fully enclosed and secured.
As currently permitted under Jurupa Valley Ordinance 2016-13, Measure B contains a limited exemption from enforcement for “qualified patients” or their “primary caregivers,” to cultivate no more than 12 cannabis plants for the qualified patient’s own medical use. The qualified patients, or their primary caregiver, must live in the single family home where the cannabis is cultivated. The cannabis plants must be reasonably secured and fenced to prevent access by minors or theft, set back 10 feet from the boundary line, and not be visible from any public right of way. Qualified patients shall have valid medical cannabis identification cards issued by the Riverside County Department of Public Health. The cannabis cultivation shall not be (1) within a multiple-family dwelling building; (2) upon any premises located within 1,000 feet of any school, community center or park; (3) upon any premises containing a child care center, church (religious facility) or youth-oriented facility; or (4) upon any premises where probationers or parolees reside, unless the probationer or parolee is authorized by a court to use medical cannabis while on probation.
The above statement is an impartial analysis of Measure B. If you desire a copy of Measure B, please call the City Clerk’s Office at (951) 332-6464 and a copy will be mailed at no cost to you.
Dated: March 8, 2018
By: Peter M. Thorson
City Attorney
City of Jurupa Valley
