Foster City to explore new rules for pot: Officials consider ban on commercial operations if Proposition 64 passes

While not the first time activists have sought to make growing, selling, possessing and smoking marijuana legal under certain restrictions; this year’s ballot initiative has garnered significant financial and political support with many suspecting it will pass.

But the prospect of legalizing the potentially multi-billion-dollar industry isn’t sitting well with everyone.

Foster City will consider banning essentially all commercial operations in the Bayfront city. Acting proactively could allow the city to retain local control on certain restrictions should the proposition pass. The discussion will also provide residents a chance to chime in as to how they want to adapt, said Deputy City Attorney Kai Ruess.

“The purpose of this emergency ordinance is to try and put a freeze on everything to the extent that we can, to give staff and City Council time to study the issue a little more and come up with a more comprehensive plan moving forward,” Ruess said. “With any new state mandated law, there’s always some unknown.”

Technically, cities would still be allowed to enact their own restrictions after it passes, such as limiting commercial operations or charging a local tax. Once a city explicitly bans commercial marijuana activity, the state wouldn’t issue business licenses within cities that have enacted such prohibitions, Ruess said.

Under Proposition 64, recreational marijuana would be legal for those 21 years and older. Users would be allowed to possess up to an ounce of marijuana and grow up to six plants in their homes. Smoking would be permitted in private homes or licensed businesses; but would remain illegal while driving, in public or anywhere tobacco is illegal.

Foster City’s proposed ordinance, which requires a more stringent four-fifths vote of the council to approve, primarily targets commercial operations.

Commercial growers, dispensaries, pot cafes and any manufacturing, labeling or storing facilities would be prohibited throughout the city. No one would be allowed to grow pot outdoors either, according to the ordinance. Adults could, however, smoke in private residences and grow plants in locked, indoor residences.

Per the proposition, the state would levy taxes — including a 15 percent sales tax — and issue licenses for commercial operations — a move that some estimate could generate up to $1 billion a year and is supported by Lt. Gov. Gavin Newsom.

Cities would also be allowed to enact their own taxes on marijuana sales, although none in San Mateo County have discussed doing so thus far. However, San Mateo County has formed a pot working group and plans to hold a study session this month to discuss the potential benefits and liabilities if marijuana becomes legal.

The Board of Supervisors may eventually consider policies that San Mateo County cities could adopt.

Although San Carlos recently opted not to act prior to the election, Foster City appears willing to consider proactive measures.

The public and council will have their first opportunity to consider a future of legalized marijuana and the proposed regulations could change based on Monday’s meeting. The ordinance could be adopted at next week’s meeting and would go into effect Nov. 9 if Proposition 64 wins over at least a majority of Californians.

Those found violating Foster City’s proposed restrictions could face misdemeanor citations, which could range from fines of $100 to possible jail time, Ruess said.

Mayor Herb Perez and Deputy Mayor Charlie Bronitsky didn’t express strong opinions on the proposed regulations.

Foster City already prohibits medical marijuana dispensaries but, per state law, allows patients to light up on private property. The city also went through a lengthy process when it sought to curb public exposure to secondhand smoke through its tobacco ordinance.

According to the language of the emergency ordinance, the city may determine Proposition 64 constitutes an immediate threat to public health and safety should the cultivation of marijuana grow unregulated.

Based on the language of Proposition 64, the state would have until 2018 to establish a licensing process, but it could roll out the new rules and start licensing businesses any time after it passes.

“We want to get out in front of this and consider it as a matter of policy,” Perez said. “I’m glad someone has raised this to the level of public discourse and then our public can chime in.”

He noted that the community has decided not to permit a variety of establishments, such as gun stores, massage parlors and smoke shops. But added he doesn’t yet have a strong opinion on the matter and is interested to hear the public’s thoughts.

The Foster City Council meets 6:30 p.m. Monday, Oct. 17, at City Hall, 620 Foster City Blvd.

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