Like several California cities in the wake of the passage of Proposition 64, Sunnyvale officials are looking at how they may need to regulate marijuana cultivation, sale and use.
The council on Nov. 29 decided to hold off until the new year on making any decisions on further regulations. Council members said that they would like more information on a host of issues before taking on the matter.
Prop. 64 was passed by California voters on Nov. 8 and allows residents ages 21 and older to smoke, ingest, process and transport non-medicinal marijuana as well as grow up to six plants indoors.
Sunnyvale Department of Public Safety Capt. Carl Rushmeyer gave a presentation outlining Prop. 64. He detailed Sunnyvale’s current regulations related to medical marijuana and smoking within the city.
These regulations prohibit personal and commercial cultivation as well as delivery. The city will have to amend its ordinance to allow indoor cultivation per Prop. 64.
“We have other potential health and safety concerns,” Rushmeyer told the council.
Rushmeyer said growing indoors could lead to fire hazards. Issues discussed included health and safety hazards associated with growing such as the need for high-watt bulbs, and chemicals like herbicide and fertilizer being stored indoors.
When council members asked about the feasibility of allowing outdoor grows as a way to lessen the safety risks associated with indoor grows, Rushmeyer said that enclosed outdoor growing areas such as a locked shed or greenhouse would provide better security. He added that marijuana plants growing in the open could leave residents vulnerable to people breaking into their yards to steal the plants.
“If your neighbor’s kids see plants in your yard, we would not want to encourage them to break into your back yard to harvest them,” he said.
Mayor Glenn Hendricks said the city needs to clearly define both “outdoor growing” and “outdoor enclosed growing” in future ordinances.
Councilman Larry Klein likened regulating marijuana growth to the city’s efforts to regulate short-term rentals like Airbnb. There was discussion about whether requiring residents to get permits before growing would lead to people hiding their plants rather than getting the permit.
“We let it be known as a city we support the cultivation of marijuana, and our job is to provide information and literature so they can do so in a safe manner. We believe they will do so anyway.
We need to protect and serve them and should help them do it as safely as possible,” said Rushmeyer.
The city will also have to determine which department would issue permits. CouncilwomanTara Martin-Milius said the city should consider ways to limit children’s access to edible marijuana, and staff should discuss the environmental impact of cultivation.
The council agreed that a framework for the regulations should be done in the coming months.