OAKLEY SET TO INCREASE FINES FOR UNLICENSED COMMERCIAL CANNABIS

On Tuesday, the City of Oakley will look to increase penalties for unlicensed commercial cannabis activity.

According to the staff report, the activity includes cultivation, manufacturing, processing, distribution or rental sales of Cannabis and declaring such activity a public nuisance.

Currently, the City of Oakley issues administrative fines which include $100, $200 and $500 for code violations under the California Government Code.

The proposed ordinance would increase the minimum administrative fine to $1,000 per violation and maximum administrative fine to $10,000 per day for unlicensed commercial cannabis activity, including cultivation, manufacturing, processing, distribution, or retail sale of cannabis.

The increase penalties are in response to AB 1684:

AB 1684 (Maienschein) was approved by the Governor on October 8, 2023, and codified as California Government Code §53069.4. Effective January 1, 2024, the statute allows for immediate imposition of administrative fines or penalties for all unlicensed commercial cannabis activity, including cultivation, manufacturing, processing, distribution, or retail sale of cannabis through adoption of an ordinance and authorizes the ordinance to declare unlicensed commercial cannabis activity a public nuisance. It also allows for administrative fines not to exceed $1,000 per violation or $10,000 per day. The administrative fine or penalty may be imposed on the property owner and each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and hold them jointly and severally liable. It also allows agencies that have adopted an ordinance with these provisions to refer matters involving unlicensed commercial cannabis activity to the Attorney General.

Oakley City Council Meeting
Tuesday, February 27, 2024
6:30 PM
3231 Main Street, Oakley, California 94561
Agenda – Click Here

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