The City Council will review a report on recreational marijuana use and discuss potential changes to city law at Tuesday’s meeting.

On Oct. 9, 2015, Gov. Jerry Brown signed a trio of bills which provided a regulatory system on governing the cultivation, testing and distribution of medical marijuana as well as physician recommendations. The bills are the basis for the Medical Cannabis Regulation and Safety Act (MCRSA).

In the last general election, California voters approved Proposition 64— also known as the Adult Use of Marijuana Act (AUMA)— which allows individuals to possess up to 28.5 grams of non-concentrated marijuana or 8 grams of marijuana in concentrated (e.g., edible) form, cultivate up to six marijuana plants at their own private residences and establishing a regulatory system for commercial businesses.

However, neither the MCRSA or AUMA limit local police authority over commercial marijuana business and land uses and cities are still allowed to prohibit such businesses.

A report by outside counsel Stephen McEwen noted that Benicia Municipal Code prohibits medical and non-medical marijuana businesses and facilities as well as non-medical marijuana deliveries.

“The city also prohibits all marijuana cultivation except for indoor cultivation by qualified patients and non-medical users of up to six mature or 12 immature marijuana plants,” McEwen wrote.

At its Jan. 17 meeting, the council voted to extend a moratorium on marijuana-related activities.

“The next step will be the creation of permanent zoning regulations regarding the various marijuana land uses recognized under state law,” McEwen wrote.

McEwen noted that for the city to maintain control over marijuana land uses, a number of issues would need to be considered. One of these was ensuring that city code addresses medical and non-medical marijuana businesses in direct terms.

“Unless a city has clear regulations regarding recreational marijuana businesses, the state could issue a license to an otherwise unwanted establishment,” McEwen wrote. “Furthermore, if the city does not have express marijuana business regulations, it may be more difficult for the city to bring enforcement actions against violators.”

Another issue would be private cultivation. As part of Proposition 64, individuals are allowed to grow up to six marijuana plants at their private residences.

“The city may ban all non-medical marijuana cultivation except for private indoor cultivation of six plants or less, which may be subject to reasonable regulations,” McEwen wrote. “The city will need to determine the scope and nature of any indoor cultivation regulations, if any. The city will also need to decide whether it wants to allow qualified patients and/or primary caregivers to cultivate greater amounts of marijuana.”

Finally, Benicia would need to consider whether or not to continue the existing marijuana delivery regulations, which currently only cover medical marijuana deliveries.

“Under both the AUMA and the state’s medical marijuana laws, the city has the discretion to prohibit any delivery that originates or ends within its boundaries,” McEwen wrote.

The report will be presented at Tuesday’s council meeting.

“With these modifications to its marijuana regulations, Benicia will be better positioned to address the unique challenges posed by marijuana land uses, which are likely to become more prevalent following the AUMA’s passage,” McEwen wrote.

In a summary report, City Attorney Heather McLaughlin suggested the council prioritize which issues to take on first and then have staff present drafts to the Planning Commission and/or the Youth Action Coalition. It will depend on which issues are considered.

In other business, Kari Birdseye—the chair of the Planning Commission—will be presenting the commission’s Annual Report for 2016 and Work Program for the 2017-19 fiscal year. The council will also be voting to approve projects to replace the roof at Fire Station 11’s apparatus bay and corporation yard’s main building roof.

The council will meet at 5:30 p.m. Tuesday in a closed session to discuss legal matters. The regular meeting will start at 7 that night in the Council Chamber of City Hall, 250 East L St.