Cannabis Regulations

Click here for a summary of cannabis licenses

First-Come First-Serve Pre-submittal meeting information session (10/18/22)

On October 17, 2022, the City hosted a pre-submittal information meeting on Zoom.  A recording of this meeting can be found using this link (password: H42HqVq=). We received three questions during the information session, which are answered below.

Q: Are there distribution (Type 11) licenses available? 

A: At this point in time, no distribution-only licenses (Type 11) are available.   Distribution can be included as one of the components in a license for a microbusiness.

Q: Is a Zoning Verification Letter (ZVL) necessary if one has already been completed for the property with an existing City Cannabis License?

A: If a Zoning Verification Letter has already been obtained through a previous Cannabis License Application, then a new one is not required to be obtained.  You must include a copy of your previous ZVL with your application.

MICROBUSINESS (WITH NON-STOREFRONT RETAIL) LICENSE NOW AVAILABLE UNDER THE CITY’S FIRST-COME FIRST-SERVE PROCESS (9/30/22)

A microbusiness non-storefront retailer license is now available and beginning on December 7, 2022 at 8:00 a.m. the City will begin accepting City Cannabis License applications.  

The following is a list of important milestones and dates for the microbusiness (with non-storefront retail) City Cannabis License application submittal process:

• October 17, 2022: Informational meeting session with City of Concord staff will be held at 2:00 p.m. via Zoom regarding the license submittal process (Zoom link).  This meeting will be recorded and uploaded to the City’s Cannabis Regulations webpage. Applicants seeking a new license or licensed cannabis businesses looking to add an additional component to their business are both strongly encouraged to attend the informational meeting.
• November 7, 2022: Deadline for applicants to submit a Zoning Verification Letter (ZVL) for a proposed property location. A ZVL must be issued by the Planning Division and is required to be submitted with the City Cannabis License application.
• December 7, 2022: First day applications will be accepted, beginning at 8:00 a.m.  Applicants must submit both a physical and digital copy of the City Cannabis License application.  The physical copy of the application will be date and time stamped, which will determine the application order.
• January 6, 2023: Staff will issue incomplete/complete letters to applicants.  Comments on applications will not be provided before this date.

Other available licenses under the first-come first-serve process are (applications can be submitted via appointment and are not subjected to the timeline above):

• Testing laboratories (no maximum number of licenses)
• Manufacturing (3 licenses are currently available)
• Microbusiness (1 license with no retail currently available)

To apply for one of the above licenses, an applicant must review the Cannabis License Submittal Procedures and submit a City Cannabis License Application.  The first application deemed complete will advance through the City Cannabis License process, up to the number of available licenses for each type.  

If you have any additional questions, please email your question to Michael.Hart@cityofconcord.org and your question will be answered during the October 17th informational session.

Sensitive Use Map and Cannabis Locations

Staff recently updated the map of known sensitive uses located within 1,000 feet of an area which would allow a commercial cannabis businesses. The linked map shows the known sensitive uses as of September 2022. The required 250-foot buffer around those uses is also shown. All cannabis uses, regardless of location or zoning, must comply with sensitive use requirements, whereby regardless of where the proposed cannabis use is located (whether in the green overlay zone or retail DMX and WMX area, or otherwise) the 250-foot buffer is required. Note that there may be additional sensitive uses not shown on this map; it is up to cannabis business applicants to confirm if there are any potential sensitive uses within 250 feet of a proposed location.

A prospective applicant can also use the City’s PermitPal tool to determine if a property is zoned to potentially allow a specific cannabis land use.

FAQ 

Q1. What is the earliest time an application for the microbusiness non-storefront retailer license can be submitted on December 7?

A: The “start” time the Planning Division will receive applications is 8:00 A.M. This is the beginning of the Permit Center hours, open each day Monday through Friday from 8:00 A.M. to 4:00 P.M. Emails received prior to 8:00 A.M. on December 7 will not be accepted as a submittal pursuant to the Cannabis License Submittal Procedures. 

Applications for the other available licenses under the first-come first-serve may be submitted by appointment at any time.  

Q2. Can the required hard copy application and materials for the microbusiness non-storefront retailer license be mailed prior to December 7?

A: No, hard copies of the City Cannabis License application must be submitted in person on December 7.  The applicant may email a digital copy before December 7; however, please note that no emailed submittals will be reviewed prior to December 7.   The application will not be considered submitted until a hard copy is received.

Q3. Are applications for the non-storefront retailer license able to be reviewed prior to December 7?

A: No. Unfortunately, staff is not able to review applications or draft applications in advance of the application submittal. All valid applications will be reviewed after December 7, once received.

Q4. What if the digital application size is too large to email with all the attachments?

A: Make sure not to attach the application and materials as part of the submittal email. Simply include a file-sharing link to all submittal documents in the email.

Cannabis business applications (7/26/21)

The City of Concord is currently accepting applications for the following cannabis business types:

• Testing laboratory (no limit on number of available licenses)
• Manufacturer (3 available licenses)
• Microbusiness with indoor cultivation, manufacturing, and distribution. No storefront or non-storefront retail. (1 available license)

These licenses can be applied for through a first-come first-served process and submitting a City Cannabis License Application.

The City is not currently accepting application for any other cannabis business types.

A potential applicant can also use the City’s PermitPal tool in order to see if zoned to potentially allow a specific cannabis use.

Sensitive Use Map

The linked map shows the known sensitive uses as of September, 2020 located within 1,000 feet of an area which would allow a commercial cannabis businesses. The required 250 foot buffer around those uses is also shown. Regardless of where the proposed cannabis use is located the 250 foot buffer is required. Note that there may be additional sensitive uses not shown on this map; it is up to cannabis business applicants to confirm if there are any potential sensitive uses within 250 feet of a proposed location.

Cannabis Competitive selection  interviews (updated 5/28/21)

On April 13, May 25, and May 26, 2021 the City Council interviewed applicants for retail cannabis businesses pursuant to the ongoing Request for Proposal Process. Selected applicants were invited to enter into agreements with the City and apply for available City Cannabis Licenses (maximum number of licenses available):

• Storefront Retailer (3)
• Non-storefront Retailer (3)
• Microbusiness with a storefront retailer component (2)

Storefront Retailer:

• May 25 and 26, 2021 (Agenda Linked): 5:30 p.m.

Applicants invited to apply for a City Cannabis License: Authentic Concord LLC, Culture Club Corporate Enterprise, and Coastal Retail LLC. 

• Waitlist (#4, #5, and #6): Embarc, MMD Concord, and Element 7.

Non-storefront retail and microbusiness with a storefront retailer component (complete):

• April 13, 2021 (Agenda Linked): 5:30 p.m. 

Applicants invited to apply for a City Cannabis License:

• Non-storefront retail (3 licenses available, 1 applicant): Medusa
• Microbusiness (2 licenses available): Kolaboration Concord, LLC dba Coco Farms, and Infinity Assets Concord LLC. 
  • Waitlist (#3 and #4): Public Canna; ASHE Concord LLC. 

CANNABIS RFP #2436 Scoring (UPDATEd 4/14/21)

The City has completed the Criteria Evaluation and Scoring (Phase II) review of all eligible Commercial Cannabis Business Proposals. This scoring is based on the Evaluation Criteria and Scoring Detail outlined in RFP #2436 (Exhibit B). The following list is a ranking of each scored proposal in each license category, ranked from highest to lowest based on the Phase II Scoring^:

*Indicates an applicant will be invited to interview with the City Council based on their score

^Scores updated based on outcome of appeals

As outlined in the RFP Instructions and Procedures, only the top scoring proposals of each license type (storefront retail, non-storefront retail, and microbusiness with storefront retail) will be selected for interviews. The City Manager shall forward up to the following number of proposals for each license type to the Council for interviews: six (6) for retail storefront proposals, six (6) for retail non-storefront proposals, and four (4) microbusinesses with a storefront retail component.

A map each proposal included in the list above can be accessed using this link.

Next Steps

Phase III (Eligibility List) will conclude with the City Manager preparing a report for City Council consideration regarding the top scoring Cannabis Business Proposals. Council consideration, interviews, and selection will occur at public meetings as part of Phase IV (Interviews & Final Selection). Selected Applicants will have the opportunity to apply for a one of a limited number of Commercial City Cannabis Licenses permitted in the City of Concord Municipal Code: three (3) storefront retail, three (3) non-storefront retail, and two (2) microbusinesses with a storefront retail component.

Appeals

Pursuant to the Instructions and Procedures of RFP #2436, Applicants that advance through Phase II with a score above 80 percent, or 1600 out of 2,000 points, that are not selected as one of the top scoring applicants available for Council interview have the opportunity to appeal. All appeals were conducted in accordance with the Administrative Hearing Instructions and Procedure for Appeals for RFP #2436 and appellants shall use the Commercial Cannabis RFP Appeal Form. The appeal process has concluded.

Cannabis RFP Scoring by Category (updated 4/22/21)

In order to provide additional information regarding the total points awarded for each proposal, the City has prepared a detailed scoring summary. The summary breaks down the total score each proposal received by the number of points awarded for each scored category. This detailed scoring summary can be accessed using this link.

List of Cannabis RFP #2436 Applicants (12/23/20)

The following is a list of business entities that submitted proposals by the deadline for commercial cannabis RFP #2436:

1. Storefront Retailer
   • Adobe Greens LLC
   • ASHE Concord LLC
   • Authentic Concord, LLC
   • Coastal Retail Concord LLC
   • Concord Erudite Ventures
   • Culture Club Corporate Enterprise
   • Demetrio Ramirez
   • Devil Mountain Dispensary Inc.
   • Element 7 Concord LLC
   • Flor East Bay II LLC
   • JMK Connoisserur Inc.
   • MMD Concord Inc.
   • Responsible and Compliant Retail Concord LLC
   • Velvet Concord LLC
2. Microbusiness with a storefront retailer component
   • ASHE Concord LLC
   • Infinity Assets Concord LLC
   • Kolaboration Concord LLC
   • Midna Inc.
   • Public Canna
3. Non-storefront retailer
   • Concord Delivery LLC
   • Medusa Delivery

All proposals are currently under review by the City.

ADDEnDUM #2 FOR rFP #2436 (11/16/20)

Addendum #2 for Request for Proposals #2436 can be accessed using this link. This is the final Addendum for the RFP. The Addendum includes responses to questions submitted per the RFP Procedures and Instructions. The Addendum also contains clarifications, interpretations, and corrections to information included in the RFP materials. 

Thursday, November 19, 2020 at 4:00 p.m. is the deadline to submit Proposals. As outlined in the Procedures, if submitting a proposal prior to November 18, 2020, contact the Purchasing Division at purchasing@cityofconcord.org in advance to make an appointment to drop off the proposal. Please note that the deadline has passed (November 10, 2020 at 4:00 p.m.) to submit written questions about RFP #2436.

Upcoming Deadline—Zoning Verification Letter request (posted 10/27/20)

Please be aware that Thursday October, 29 2020 at 4:00 p.m. is the deadline to submit a Zoning Verification Letter request to the Planning Division (see page 8 of RFP Instructions and Procedures). Zoning Verification Letters are required for all Proposals to verify that a proposed location is zoned to allow a specific type of cannabis use.

addendum #1 for RFP #2436 (10/26/20)

Addendum #1 for Request for Proposals #2436 can be accessed using this link.

For questions regarding the cannabis competitive selection process and Requests for Proposals #2436, send an email with the subject line "Cannabis RFP #2436" to: purchasing@cityofconcord.org. 

Pre-proposal Conference (10/13/20)

On October 12, 2020 the City hosted a Zoom Pre-Proposal Conference for the commercial cannabis competitive selection process. The meeting was recorded and can be accessed using this link and the passcode: 2?^X+8aM. The meeting begins at 9:38 into the recorded video.

A list of responses to all questions asked during the meeting (and all other questions received to date) will be prepared in the form of frequently asked questions (FAQs) and/or an Addendum posted to this webpage by 5:00 p.m. on October 26. 

Please be aware: the FAQs in response to questions asked at the pre-proposal meeting may include corrections, clarifications, or expanded responses. These responses are an effort to provide a more developed and complete answer while also responding to questions that necessitated further research, and correct any errors as applicable.

commercial cannabis competitive selection process (10/05/20)

On October 5, 2020 the City of Concord issued a Request for Proposals (linked below) for certain types of Commercial Cannabis Businesses. The maximum number of proposals that will be selected by the City Council through interviews, and invited to apply for licenses, is listed below by business type:

• Storefront Retailer (3)
• Non-storefront Retailer (3)
• Microbusiness with a storefront retailer component (2)

The Request for Proposals Instructions and Procedures and Exhibits are listed below:

• Request for Proposals #2436 Instructions and Procedures
• Exhibit A: Competitive Selection Cannabis Business (CSCB) Application 
• Exhibit B: Evaluation Criteria and Scoring Detail
• Exhibit C: Trust Account Agreement Form
• Exhibit D: Zoning Compliance Fact Sheet
• Exhibit E: Limitations on City’s Liability and Certifications, Assurances and Warranties
• Exhibit F: Commercial Cannabis Business Proposal/Application Financial Responsibility, Indemnity and Consent to Inspection Terms
• Exhibit G: Concord Municipal Code (CMC) Chapter 5.80 (Cannabis)
• Exhibit H: CMC Title 18 (Development Code)

Questions regarding the Request for Proposals (RFP) documents listed above or RFP process must be directed to purchasing@cityofconcord.org with the subject line "Cannabis RFP #2436" and not directed to the Planning Division.

Cannabis Locations

If you would like to check to see if a specific property is zoned for a specific cannabis use, please use the City’s PermitPal tool. All cannabis uses, regardless of location or zoning, must comply with sensitive use requirements. The linked map (updated 9-17-20) shows the known sensitive uses as of September 11, 2020. The 250 foot buffer is required between sensitive uses and cannabis uses (measured from property line to property line) is also shown. Note that there may be additional sensitive uses not shown on this map; it is up to cannabis business applicants to confirm if there are any potential sensitive uses within 250 feet of a proposed location.

Potentially Available Properties as of 9/23/2020 (posted 10/5/20)

The linked map and list of properties are zoned to allow for one or more commercial cannabis use pursuant to CMC 5.80 (Cannabis). The availability of properties included on the list has NOT been verified by the City; the information is deemed reliable but not guaranteed. Please be aware that properties included on the list may not meet minimum development standards such as parking ratios, setbacks, landscaping, accessibility, or other requirements. It is the applicant's responsibility to verify that no sensitive uses are located within 250 feet of the proposed location (measured property line to property line). 

Submittal of an application for a cannabis use — including the properties on this list — does not have any bearing on an approval, selection, or scoring through the competitive selection process.  This list is merely for informational purposes and all information should be independently verified. For questions regarding list, please contact Brian Nunnally, Business Development Manager, at brian.nunnally@cityofconcord.org

Past Meetings (UPDATED 10/5/20)

September 8 CITY COUNCIL MEETING (9/9/20)

On September 8, 2020, the Concord City Council voted 4-1 to introduce an Ordinance amending Concord Municipal Code Chapter 5.80 (Cannabis) to increase the number of city cannabis microbusiness licenses by two and reserving those two additional licenses for microbusinesses with a storefront retailer component. The agenda for the meeting can be accessed using the link below:

https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/ViewMeeting?id=550&doctype=1# 

Update: First-come first-served licenses (9/8/20 Update)

As of September 8, 2020, five cannabis license applications have been deemed complete through the first-come first-served process:

• Fiacre, Microbusiness (no retail)
• Medusa Distribution, Type 11 Distribution
• Moxie Concord, Microbusiness (non-storefront retail)
• Procan Labs, Microbusiness (non-storefront retail)
• SGI Retail, Type 11 Distribution

These applicants will continue through the process to meet the City's requirements -- in order to be issued licenses -- and obtain other necessary approvals to operate their businesses.

July 28 City Council Meeting (7/31/20)

On July 28, 2020, the Concord City Council approved the procedure, criteria, and scoring for a merit-based competitive process to review and select eligible applicants to apply for available City Cannabis Licenses for cannabis storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component. You can access the meeting video and materials using this link.

FIRST-COME FIRST-SERVE applications received to date (7/9/20)

Applications received as part of the first-come first-serve process:

• Fiacre, Microbusiness
• Kanna Kingdom, Type 11 Distribution
• Medusa Distribution, Type 11 Distribution
• Moxie Concord, Microbusiness
• Preferred Brand LLC, Manufacturer
• Preferred Brand LLC, Type 11 Distribution
• Procan Labs, Microbusiness
• SGI Retail,Type 11 Distribution

The above list is in alphabetical order. The order that individual applications were received will be released to the applicants at the end of the 30 day completeness review period.

FIRST-COME FIRST-SERVE PROCEDURES FAQs (6/19/20)

Q1. What is the earliest time an application can be submitted on June 25?

A: The “start” time the Planning Division will receive applications is 8:00 A.M. This is the beginning of the Permit Center hours, open each day M-F from 8:00 A.M. to 4:00 P.M. Emails received prior to 8:00 A.M. on June 25 will not be accepted as a submittal pursuant to the Cannabis License Submittal Procedures. 

Q2. Can the required hard copy application and materials be mailed prior to June 25?

A: Yes. Pursuant to the Cannabis License Submittal Procedures an application can be mailed prior to June 25. This is in fact recommended if an applicant plans to submit on June 25 because the tracking will verify it has shipped. However, please note that no mailed submittals will be reviewed prior to June 25. The application will not be considered submitted until an email is also received with a tracking number indicating the package has shipped.

Q3. Are applications able to be reviewed prior to June 25?

A: No. Unfortunately, staff is not able to review applications or draft applications in advance of the application submittal. All valid applications will be reviewed after June 25, once received.

Q4. The Concord Police Code Enforcement Unit does not appear to be open to the public due to COVID-19. How can the required fingerprinting and Live Scan be completed?

A: The Community Service Desk is not open to the public due to COVID-19 precautions in place. However, applicants can complete their live scans at any authorized location if the Concord Request for Live Scan Service form is completed.

Q5. What if the submittal email file size is too large with all the attachments?

A: Make sure not to attach the application and materials as part of the submittal email. Simply include a file-sharing link to all submittal documents in the email. 

First-Come First-Serve Procedures/Revised License application form (6/15/20)

The following license types will be available on a first-come first-served basis starting June 25, 2020 (when the ordinance goes into effect):

• Manufacturing (up to 5 licenses, 2 of which have been issued to date)
• Testing laboratories (no license limit)
• Distribution Type 11 (up to 2 licenses)
• Microbusinesses without storefront retail (up to 4 licenses [including those with storefront retail--maximum of 2, and non-storefront retail--maximum of 2])

In order to apply for one of the above licenses an applicant must review the cannabis license submittal procedures and submit a City Cannabis License Application. A potential applicant can also use the City’s PermitPal tool in order to see if zoned to potentially allow a specific cannabis use.

Please note that there is a separate process for allocation of cannabis retail licenses (storefront and non-storefront) and microbusinesses with storefront retail.

Sensitive Use Map

Staff recently updated the map of known sensitive uses located within 1,000 feet of an area which would allow a commercial cannabis businesses. The linked map shows the known sensitive uses as of May, 2020. The required 250 foot buffer around those uses is also shown. Regardless of where the proposed cannabis use is located (whether in the green overlay zone or retail DMX and WMX area, or otherwise) the 250 foot buffer is required. Note that there may be additional sensitive uses not shown on this map; it is up to cannabis business applicants to confirm if there are any potential sensitive uses within 250 feet of a proposed location.

June 12, 2020 UPDATE

The planned posting of the revised Cannabis License Application and Procedures for the first-come first-serve licenses has been delayed. There is no new tentative date at this time. Once completed both document will be posted to this webpage.

MAY 29, 2020 Informational update

Based on the City Council’s adoption of an ordinance amending the City’s Cannabis Regulations on May 26, the following license types will be available on a first-come first-served basis starting June 25, 2020 (when the ordinance goes into effect):

• Manufacturing (up to 5 licenses, 2 of which have been issued to date)
• Distribution Type 11 (up to 2 licenses)
• Testing laboratories (no license limit)
• Microbusinesses without storefront retail (up to 4 licenses [including those with storefront retail--maximum of 2, and non-storefront retail--maximum of 2])

Staff is currently in the process of drafting a guide to the application process and procedures for these first-come first-serve license types. Based on the adopted ordinance, staff is also updating the cannabis license application form. Both of these documents will be posed to this webpage when completed (anticipated for the week of June 8-12).

Based on the Council’s direction at the May 26 meeting regarding the merit-based competitive selection process, the expected posting of the Request for Proposals (RFP) for the following types of cannabis businesses has been postponed:

• Storefront retail (up to 3 businesses)
• Non-storefront retail (up to 3 businesses)
• Microbusinesses with storefront retail (up to 2 businesses)

The next step in this processes will be a City Council study session (anticipated for July, 2020). No applicant can apply for one of the three license types listed above, until after being selected through the competitive selection process. That process will begin when the RFP is posted (date yet to be determined).

May 26, 2020 CITY COUNCIL MEETING (May 27 Update)

On May 26 the City Council considered two items related to Cannabis Regulations.

1. The Council completed the second reading of the cannabis Ordinance (3 Ayes [McGallian, Aliano, Birsan], 1 Noe [Obringer], 1 Absent [Hoffmeister]) -- see description of the ordinance in the April 28 summary. 

The ordinance will be effective in 30 days, and allow for applicants to apply for additional cannabis licenses and license types, not requiring competitive selection through the RFP process (see item 2 below). The City is currently working on application procedures and a revised cannabis license application form for the following first-come first-served license types (check back for updates):

• Manufacturing 
• Testing Laboratories
• Microbusinesses (without storefront retail)
• Distribution Type 11

2. The Council also considered (A) a proposed procedure and criteria for a merit-based competitive process to review and select eligible applicants to apply for available City Cannabis Licenses for cannabis storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and (B) a resolution to adopt deposit fees for that process.

The Council adopted the deposit fee resolution (B), but requested additional details from staff and the Project Consultant regarding the procedure and criteria for a merit-based competitive process at a study session at a future date (not yet scheduled). This webpage will be updated with more details regarding the Council direction at a later date.

The Council direction for continuance of the merit-based competitive process procedure and criteria to a Council Study Session (date uncertain) impacts the timeline for release of Request for Proposals (RFP) for the following license types:

• Retail Storefront
• Retail non-storefront
• Microbusinesses with storefront retail

See updated Tentative Schedule and Timeline below.

April 28, 2020 City Council meeting

At its regular meeting on April 28 the City Council adopted an Ordinance (3 Ayes [McGallian, Aliano, Birsan]: 2 Noes [Hoffmeister, Obringer]) amending Concord Municipal Code Chapter 5.80 (Cannabis) and Development Code (Title 18) to: allow adult-use City Cannabis Licenses for manufacturers and Type 13 distributors; increase the maximum number of City Cannabis Licenses for manufacturers, Type 13 distributors, and testing laboratories; and allow City Cannabis Licenses for retail (storefront and non-storefront), microbusinesses, and Type 11 distributors by reading of the title only and waiving further reading. A video recording of the meeting is available using the link below:

https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/ViewMeeting?id=521&doctype=1

The action included: 

1) Modifications to the required buffer distance between cannabis businesses and sensitive uses (public or private schools, child day care facilities, youth community centers) from 600 feet to 250 feet.

The linked map shows the known sensitive uses as of December, 2019, within 1,000 feet of an area which would allow cannabis businesses once the ordinance is finalized. The 250 foot buffer around those uses is also shown. Note that there may be additional sensitive uses not shown on this map; it is up to cannabis business applicants to confirm if there are any potential sensitive uses within 250 feet of a proposed location. The list of sensitive uses is currently in the process of being updated. 

2) Modifications to allow additional microbusiness licenses (up to 4 total; up to 2 with a non-storefront retail component and up to 2 with a storefront retail component). All microbusinesses with storefront retail would be required to go  through a competitive selection process. 

Once the meeting minutes and amendments are finalized, they will be posted on this webpage.

Below is a summary of changes for various cannabis license types which would be allowable under certain circumstances at the time the Ordinance is effective (see revised timeline section below):

*All licenses are proposed to allow sale of adult-use and medicinal cannabis.

COUNCIL Committee MEETING SUMMARY, February 24, 2020

On February 24, 2020, the City Council Committee on Policy Development & Internal Operations (PD&IO) considered the process and criteria for reviewing and approving cannabis retailer license applications to form a recommendation to the City Council. The Committee provided detailed direction regarding aspects of the selection process and recommendations to the full Council for consideration at the March 24, 2020 City Council meeting (see linked annotated agenda below).

PD&IO Annotated Agenda, 2.24.2020

Planning Commission Meeting FEBRUARY 5, 2020

On February 5, 2020 the Planning Commission voted 4:0 (ayes: Laub, Mercurio, Barbour, Mizutani, absent: Weinmann) to adopt Resolution 20-01 PC, recommending City Council amend the Concord Development Code with text amendments to the land use tables (18.30-18.60), Commercial Cannabis Overlay District (18.110), Signs (18.180), Development Agreements (18.460),and General Terms (18.20), relating to commercial cannabis regulation. The recommended amendments to the Development Code are based on Council’s direction at the November 5, 2019 Council meeting. These regulations will be considered by the Council on March 24, 2020.

Planning Commission Meeting Minutes, February 5, 2020

Cannabis Regulations Council Meeting Summary, November 5, 2019

On November 5, 2019 the City Council considered an Ordinance amending Concord Municipal Code Chapter 5.80 (Cannabis Ordinance) to:

• Add adult-use City Cannabis Licenses for manufacturing and distribution;
• Increase the maximum number of City Cannabis Licenses for manufacturing;
• Allow City Cannabis Licenses for medicinal and adult-use retail (storefront and non-storefront);
• Allow City Cannabis Licenses for microbusinesses

The Ordinance was not introduced at the meeting, but a majority of the Council supported changes to the City’s cannabis regulations for consideration for adoption in the first quarter of 2020.

This map shows both the Overlay District and the proposed zoning districts for storefront retail locations.

Pursuant to Concord’s cannabis regulations and state law, no cannabis license can be issued within a certain distance of a sensitive use. Sensitive uses include the following:

• Public or private schools.

• Child day care facility.

• Youth community centers.

The Council also directed staff to research the following issues for future consideration:

• Update and map the list of sensitive uses to include uses that may be new or missing
• Provide additional information regarding the stand-alone distribution license type
• Provide information regarding how the City could potentially ban the sale of vaping products at retail cannabis businesses (storefront, non-storefront, and microbusinesses)
• Provide details on retail cannabis regulations in neighboring Contra Costa County jurisdictions
• Develop criteria for a merit-based Request for Proposal (RFP) process for consideration by the Council Committee on Policy Development & Internal Operations (PD&IO) for recommendation to the full Council

Historical  background Information

On November 8, 2016, California voters approved Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), which made adult-use (recreational) cannabis use legal. This Act was in addition to the Compassionate Use Act of 1996, the Medical Cannabis Regulation and Safety Act, and other previously approved State laws related to medicinal cannabis use. As a result, the State is developing regulations related to both medicinal and adult-use cannabis, and the State began issuing cannabis licenses on January 2, 2018. 

TEMPORARY CANNABIS BAN

To determine what regulations should be developed here in the City of Concord and to preserve local control, the City Council engaged with the community and directed staff to evaluate cannabis-related activities. In order for the Council and the community to decide the type of uses appropriate here in Concord, and where, the City Council directed staff to prepare a ban on various uses. This ban would be in effect until cannabis-related activities can be evaluated and regulations developed that are consistent with the community’s desires. The City Council adopted the ban at its meeting on November 14, 2017.

PROPOSITION 64

On November 8, 2016, California voters approved Proposition 64, the AUMA, which legalized adult (recreational) cannabis use.

Effective November 9, 2016, the AUMA makes it legal for persons 21 years or older to:

• Possess, plant, cultivate, harvest, dry, or process up to six living cannabis plants per legal dwelling unit for personal use;
• Possess, process, transport, purchase, obtain, give away without compensation to persons 21 years or older 28.5 grams of cannabis or 8 grams of concentrated cannabis;
• Smoke or ingest cannabis or cannabis products

REGULATIONS

The AUMA created a State regulatory and licensing system governing the commercial cultivation, testing, and distribution of adult-use cannabis, and the manufacturing of adult-use cannabis products.The AUMA permits local jurisdictions to regulate and/or ban adult-use marijuana, related to the following:

• Cultivation
• Distribution
• Manufacturing
• Micro-businesses
• Retail stores (both storefront and non-storefront)
• Testing laboratories

EXISTING CONCORD REGULATIONS & LICENSE APPLICATION

Consistent with State law, currently the City of Concord allows only the following uses:

• Delivery of medicinal and adult-use cannabis from licensed cannabis retail businesses located outside of Concord (No City Cannabis License required, but City business license required);
• Indoor cultivation of up to six cannabis plants per dwelling unit for personal use (medicinal and adult use) (No City Cannabis License required);
• Medicinal and adult-use cannabis testing facilities;
• Medicinal cannabis distributors (Two licenses granted; no further licenses currently available); and
• Medicinal cannabis manufacturers (Two licenses granted; no further licenses currently available).

CANNABIS LICENSE

Permitted cannabis businesses require a City Cannabis License (PDF), land use approval, State Cannabis License, and City Business License. Once completed, call the Police Department Code Enforcement Division at (925) 671-3075 and schedule an appointment to submit the license application.

SURVEY

The City contracted with Godbe Research to conduct a statistically-valid survey related to various cannabis uses to better understand the community’s support or opposition to the types of uses and where they may be permitted. The survey results will assist the City Council and staff in developing policies, based on feedback that is representative of Concord’s demographics. The survey was conducted in late August 2017. The survey results (PDF) were presented to the public and the City Council at the October 24, 2017 City Council Meeting.

Between June 20 and July 19, 2019, the City issued a 10-question survey on potential commercial cannabis retail (storefront and non-storefront) and microbusinesses (small-scale cultivation, distribution, manufacturing, and/or retail) regulations. The City will consider the survey results when developing proposed regulations that will be presented to the City Council according to the schedule below.

Meetings / Topic

The City Council, Planning Commission, and Council Committee on Policy Development & Internal Operations have conducted meetings to consider policy direction related to cannabis uses. View the agenda and meetings for this topic, meeting videos and annotated agendas (action minutes) are also available.