San Jose City Council adopts urgency ordinance prohibiting recreational marijuana

Marijuana plant generic

SAN JOSE (BCN) — An urgency ordinance passed Tuesday by the San Jose City Council will prohibit recreational marijuana use ahead of the Nov. 8 election when Proposition 64 could receive the green light on the statewide ballot.

The council unanimously adopted the ordinance that reaffirms the city’s rule that non-medical marijuana cannot be cultivated, processed, manufactured, distributed, tested or sold.

The urgency ordinance allows the city to evaluate, reach out to the community and hold public hearings on whether to allow recreational marijuana use if most voters at the polls endorse the proposition.

The proposition would allow adults aged 21 and older to use marijuana for recreational purposes if passed by a majority vote and go into effect Nov. 9.

The proposition would permit marijuana possession, transportation, purchase, consumption and sharing to no more than one ounce.

Individuals would be allowed to have up to 28.5 grams of marijuana, 4 to 8 grams of concentrated cannabis and six living plants at their home, according to city officials.

Cities would be allowed to prohibit or regulate outdoor cultivation, but couldn’t ban indoor cultivation, city officials said.

The proposition’s passage would also make way for a state program to recreational marijuana businesses that would start issuing licenses in 2018.

If passed, the proposition would create a state Marijuana Tax Fund that would set aside 60 percent of the collected money for youth substance abuse prevention and treatment programs, 20 percent for law enforcement and 20 percent for environmental cleanup and enforcement, according to proponents.

Opponents have argued that the initiative doesn’t set a standard for impaired marijuana use while driving and allows convicted methamphetamine and heroin dealers to obtain licenses.

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