2025 COUNCIL STUDY ISSUE
NUMBER
Title
CDD 25-03 Allow Commercial Marijuana Activities in Certain Zoning Districts
BACKGROUND
Lead Department:
Community Development Department
Support Departments:
Office of the City Manager
Office of the City Attorney
Department of Finance
Department of Public Safety
Department of Public Works
Environmental Services Department
Sponsor(s):
Planning Commission
History:
New Study Issue
Council Strategic Priority:
Yes
(At time of sponsorship)
Equity, Access and Inclusion
SCOPE OF THE STUDY
What precipitated this study?
In January 2016, three state laws, collectively known as the Medical Cannabis Regulation and Safety Act (MCRSA), became effective to govern cultivation, processing, transporting, testing, and distribution of medical marijuana/cannabis to qualified patients. The Sunnyvale City Council adopted Ordinance 3077-16 in April 2016 to clarify prohibition on cultivation, distribution, sale, and delivery of medical marijuana in the City.
Later in November 2016, California voters approved Proposition 64 - the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), which legalized recreational use, possession, and cultivation of marijuana throughout the state. The AUMA also authorized a comprehensive state system to regulate commercial marijuana activities. The AUMA allows cities to adopt and enforce local ordinances to regulate marijuana businesses, such as storefront dispensaries, or completely prohibit the establishment or operation of such businesses within a city's jurisdiction.
The City currently prohibits all commercial marijuana activities and outdoor cultivation in all zoning districts as affirmed by Ordinance 3125-17 in 2017. A study issue to allow cultivation for research and development (R&D) purposes was proposed in 2018 (CDD 18-07), but was deferred in 2019 and dropped in 2020. The use, possession, cultivation, and sale of marijuana for both medicinal and recreational purposes remains unlawful at the f...
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