El Cajon has joined several other cities in the county in passing an emergency ordinance that would temporarily prohibit the cultivation and sale of marijuana within its borders.

Santee, National City, San Marcos and Poway already adopted such measures, and Lemon Grove has a permanent law banning medical and recreational pot.

Proposition 64, legalizing the sale of recreational marijuana in California, was passed by voters Nov. 8. Until the state establishes its regulatory plan through state licenses, no retail or commercial operations are allowed.

The El Cajon Municipal Code currently prohibits marijuana dispensaries, cooperatives and collectives, and prohibits the cultivation of marijuana.


That ban is unaffected by Prop. 64, which will allow certain local control over non-medical marijuana commercial activities. That includes a ban on such uses through land use legislation.

The city’s urgency ordinance, passed unanimously Nov. 15, will last 45 days. City Manager Doug Williford said the city will look to pass a second one this month that will last for 10½ months.

City Attorney Morgan Foley said the latest ordinance would not violate Prop. 64, since it only relates to outdoor cultivation of marijuana by individuals for their personal use.

The El Cajon ordinance requires all activities to be conducted inside a home or other building on the property.


Foley said the city is concerned that outdoor growth of the plant could cause problems related to theft, illegal consumption by anyone under 21, the sale of stolen marijuana, or illegal sales by the individual grower where the plants and products are made easily available to a third party

Prop. 64, the “Control, Regulate and Tax Adult Use of Marijuana Act,” allows people 21 and older to grow up to six plants at home and to buy and possess an ounce or less of marijuana and 8 grams or less of concentrated cannabis.

It is still illegal to smoke or consume marijuana in public. The law would also eventually allow the cultivation of marijuana for commercial use, but commercial sales wouldn’t be legal until 2018.

Prop. 64 would establish a state regulatory system — the Bureau of Marijuana Control, part of the Department of Consumer Affairs — similar to the way the Department of Alcohol Beverage Control regulates the sale of beer, wine and spirits.


Retailers of marijuana would be subject to state control, including a 15 percent state excise tax paid by buyers and a cultivation tax paid by growers.

However the measure also allows cities to exert local control over non-medical marijuana commercial activities, including a ban on such uses.

“We unanimously passed the emergency ordinance to give us time to carefully craft an ordinance that will be custom tailored for the city of El Cajon’s needs,” City Councilman Gary Kendrick said. “Almost certainly it will be an ordinance that doesn’t allow marijuana shops near residential areas.

“We get lots of bitter complaints about them,” he said. ”And knowing council members as I do, we will not allow the sale of marijuana in our city. This is also to protect the public, especially children.


“We have to keep marijuana out of the hands of children.”