Fullerton city officials are scrutinizing unregulated and illegal cannabis shops as the city confronts challenging budget forecasts. Last week, the city council unanimously approved revisions to existing cannabis regulations and increased fines.
Increased Penalties for Violations
Under the new framework, violations will be classified as misdemeanors, allowing fines of up to $1,000 per instance, with a maximum daily cap of $10,000 and potential county jail time of up to six months.
“There’s a stronger deterrence; often when these operations are led by the police along with criminal prosecutions from our city attorney’s office, it discourages repeated offenses,” said Fullerton Police Chief Jon Radus during an April 7 meeting.
Aim to Combat Illegal Cannabis Activity
The ordinance targets illegal “commercial cannabis activity,” which encompasses a wide range of actions including possession, distribution, and sale of cannabis products. This change aligns with California state law AB 1684, which recognizes illegal cannabis activities as a public nuisance and allows for immediate fines.
Radus noted that the enforcement of these measures is not expected to have a significant fiscal impact, as fines collected will cover enforcement costs.
Health and Safety Concerns
Concerns regarding health and safety have been cited, particularly the “strong smell of marijuana,” which can attract crime related to theft and trespassing.
Previous regulations required alleged violators to be notified and permitted to rectify issues before penalties were imposed, often allowing illegal operations to persist. “Due to the current framework, we would shut them down only for them to reopen the next day,” Radus explained.
Limited Licensing in Orange County
As it stands, only six cities in Orange County—Costa Mesa, Irvine, La Habra, Laguna Woods, Santa Ana, and Stanton—issue licenses for cannabis businesses. The remaining 28 cities and unincorporated areas prohibit cannabis operations.
During public comments, resident Elijah Manassero urged city officials to consider legalizing cannabis shops to generate tax revenue. “You’re missing out on a lot of revenue, and not allowing the city to participate in a market that exists,” he stated. “This is a college town; people want to buy cannabis, and it’s easy to obtain in this city.”
Councilman Amhad Zahra echoed these sentiments, advocating for the transition of consumers to licensed shops, which would enhance community safety while generating revenue for local reinvestment.
Projected Budget Shortfall
Fullerton is facing significant financial challenges, with a projected shortfall of $13.7 million against an estimated $16 million in reserves, originally boosted by a presumed $10 million now allocated elsewhere.
Cannabis Policy History
Since 2017, cannabis distribution has been largely prohibited in Fullerton. A narrow 3-2 vote in November 2020 had allowed regulated cannabis dispensaries but was repealed less than a year later due to community concerns regarding access for youth and insufficient buffer zones from schools.
In the latter part of 2021, the city implemented a two-year pilot program aimed at identifying and shutting down illegal cannabis dispensaries.