Cannabis Regulations

On November 8, 2016, California voters approved Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), which made adult-use (recreational) cannabis use legal. This Act was in addition to the Compassionate Use Act of 1996, the Medical Cannabis Regulation and Safety Act, and other previously approved State laws related to medicinal cannabis use. As a result, the State developing regulations related to both medicinal and adult-use cannabis, and the State began issuing cannabis licenses on January 2, 2018. 

Temporary Cannabis Ban

To determine what regulations should be developed here in the City of Concord and to preserve local control, the City Council engaged with the community and directed staff to evaluate cannabis-related activities. In order for the Council and the community to retain control and decide what uses are appropriate here in Concord, and where, the City Council directed staff to prepare a ban on various uses. This ban would be in effect only until such time as cannabis-related activities can be evaluated and regulations developed that are consistent with the community’s desires. The City Council adopted the ban at its meeting on November 14, 2017.

Proposition 64

On November 8, 2016, California voters approved Proposition 64, the AUMA, which legalized adult (recreational) cannabis use.

Effective November 9, 2016, the AUMA makes it legal for persons 21 years or older to:

  • Possess, plant, cultivate, harvest, dry, or process up to six living cannabis plants per legal dwelling unit for personal use;
  • Possess, process, transport, purchase, obtain, give away without compensation to persons 21 years or older 28.5 grams of cannabis or 8 grams of concentrated cannabis;
  • Smoke or ingest cannabis or cannabis products

Regulations

The AUMA created a State regulatory and licensing system governing the commercial cultivation, testing, and distribution of adult-use cannabis, and the manufacturing of adult-use cannabis products.The AUMA permits local jurisdictions to regulate and/or ban adult-use marijuana, related to the following:

  • Cultivation
  • Distribution
  • Manufacturing
  • Micro-businesses
  • Retail stores (both storefront and non-storefront)
  • Testing laboratories
  • Transportation

Existing Concord Regulations & License Application

Consistent with State law, currently the City of Concord allows only the following uses:

  • Delivery of medicinal and adult-use cannabis from licensed cannabis retail businesses located outside of Concord (No City Cannabis License required, but City business license required);
  • Indoor cultivation of up to six cannabis plants per dwelling unit for personal use (medicinal and adult use) (No City Cannabis License required);
  • Medicinal and adult-use cannabis testing facilities;
  • Medicinal cannabis distributors (Two licenses granted; no further licenses currently available); and
  • Medicinal cannabis manufacturers (Two licenses granted; no further licenses currently available).

Cannabis License

Permitted cannabis businesses require a City Cannabis License (PDF), land use approval, State Cannabis License, and City Business License. Once completed, call the Police Department Code Enforcement Division at (925) 671-3075 and schedule an appointment to submit the license application.

Survey

The City contracted with Godbe Research to conduct a statistically-valid survey related to various marijuana uses to better understand the community’s support or opposition to the types of uses and where they may be permitted. The survey results will assist the City Council and staff in developing policies, based on feedback that is representative of Concord’s demographics. The survey was conducted in late August 2017. The survey results (PDF) were presented to the public and the City Council at the October 24, 2017 City Council Meeting.

Between June 20 and July 19, 2019, the City issued a 10-question survey on potential commercial cannabis retail (storefront and non-storefront) and microbusinesses (small-scale cultivation, distribution, manufacturing, and/or retail) regulations. The City will consider the survey results when developing proposed regulations that will be presented to the City Council according to the schedule below.

Tentative Schedule

Following is the tentative schedule for developing potential cannabis regulations:

Tentative Date
Action
June / July 2019
Concord Community Town Hall
(online survey)
August / September 2019
Stakeholder Meetings
October / November 2019
Planning Commission
December 2019 / January 2020
City Council


Meetings / Topic

The City Council, Planning Commission, and Council Committee on Policy Development & Internal Operations have conducted meetings to consider policy direction related to cannabis uses. View the agenda and meetings for this topic, meeting videos and annotated agendas (action minutes) are also available.

Questions

Please email the Cannabis Planning email account.