City Council Sets Hearing to Ban Retail Marijuana Outlets in Burbank

By On November 5, 2017

Burbank’s City Council will have a public hearing on Tuesday to make proposed changes to the Burbank Municipal Code regulating retail stores that will be licensed to sell marijuana on January 1, 2018

Burbank’s current codes only regulate the use of medical marijuana but do not address the new State Law that will be enacted in 2018 after the passage of Prop 64 back in November of 2016.

Proposition 64 legalized the recreational use of marijuana for adults aged 21 years or older, permitting smoking in a private home or at a business licensed for on-site marijuana consumption. Smoking was to remain illegal while driving a vehicle, anywhere smoking tobacco is, and in all public places. Up to 28.5 grams of marijuana and 8 grams of concentrated marijuana are legal to possess under this measure. However, possession on the grounds of a school, day care center, or youth center while children are present remains illegal. An individual is permitted to grow up to six plants within a private home as long as the area is locked and not visible from a public place.

According to the staff report, the new code will give “State licensing authorities with clear direction regarding the City’s regulation of commercial cannabis activities of all types, by expressly codifying the City’ s prohibition of commercial cannabis activities (both medical and recreational) within the City.”

Burbank Planning Board voted 5-0 to support the changes after a public hearing held in October.

While the report says there is no direct fiscal impact to the City’s General Fund, it does not discuss if there would be a financial benefit through both sales taxes and any City imposed tax that would be raised if retail outlets were allowed in Burbank.

Proposition 64 created two new excise taxes on marijuana:

  • A cultivation tax of $9.25 per ounce for flowers and $2.75 per ounce for leaves, with exceptions for certain medical marijuana sales and cultivation
  • A 15 percent tax on the retail price of marijuana

Taxes will be adjusted for inflation starting in 2020. Local governments were authorized to levy taxes on marijuana as well.

The changes to the ordinances will allow adults over 21 to “Clarify that personal cannabis cultivation for recreational use is permitted in accordance with State law, which requires such cultivation to (1) be conducted by individuals who are 21 years of age or older, and (2) restrict the total number of cultivated plants to no more than six living plants.

The City Council will hold the public hearing during their meeting Tuesday, November 7 at 6 pm in the City Council Chambers.