Merced County cities planning to control cannabis sales

At least two cities in Merced County are making moves to ban marijuana growing and sales within their limits, steps they must take under state law if they choose to prohibit cannabis cultivation and distribution.

Nearly 20 years after California led the nation in legalizing pot for medical use, a trio of bills aimed at bringing order and oversight to the state’s medical marijuana industry won Gov. Jerry Brown’s signature in October.

The first statewide licensing and operating rules for pot growers, manufacturers of cannabis-infused products and retail weed stores would give commercial operations the ability to sell in the state unless city ordinances specifically prohibit it.

Merced’s Planning Commission set a public hearing on the matter for 7 p.m. Wednesday at City Hall, 678 W. 18th St. Livingston’s Planning Commission was set to talk about it Tuesday after press deadlines.

The ordinance in Merced would prohibit the sale of cannabis, as well as cultivation, shipping or receiving of the drug, including for medical use.

Kim Espinosa, Merced’s planning manager, said the city has never allowed any commercial growth or sale of marijuana. It relied on the federal law prohibiting the sale of marijuana to inform local zoning laws, she said.

The city’s ordinance would keep that status quo. “We can’t rely on that overriding provision that we had before,” she said.

Merced’s City Council could see the ordinance as soon as January, she said.

The state’s new law package seeks to manage medical marijuana by requiring individuals or companies engaged in any aspect of the industry to obtain at least one of 17 licenses. It restricts the number of licenses one company could have.

The legislation includes separate licenses for indoor and outdoor cultivation, transportation, product testing, distribution and dispensaries of different sizes. It also charges various state agencies to develop guidelines for packaging, potency, pesticide use and advertising.

Livingston police Chief Ruben Chavez said the commissioners of that city were expected to look at an ordinance that would prohibit commercial growing and sale of cannabis but allow certified growers to do so.

Chavez said the ordinance could go before Livingston’s City Council this month.

This story was originally published December 8, 2015 at 6:14 PM with the headline "Merced County cities planning to control cannabis sales."