Brentwood commission recommends city update cannabis rules to follow state law; staff cites $10,000/day fine cap

The Brentwood Planning Commission on May 5 voted to recommend that the City Council repeal and replace Chapter 17.78 of the Brentwood Municipal Code governing cannabis facilities and cultivation to align the city's regulations with recent state law changes.

Ken Murphy, planning staff, told commissioners that Brentwood has prohibited cannabis activities since 2006 but must revise local code in light of laws such as SB 1186 and AB 1684. "AB 1684 changed the allowed for higher violations...but capped the total fines at $10,000 per day," Murphy said, adding that the statute also clarifies that owners, tenants and business operators can be fined jointly and severally.

Commissioners asked clarifying questions about the cap and whether multiple parties could each be fined; staff and the city attorney in the record confirmed that the law allows joint and several liability up to the statutory cap. No members of the public spoke on the item in person or via Zoom.

On a motion, the commission adopted Resolution No. 26‑003 recommending that the council adopt the zoning text amendment (RZ25‑005) to repeal and replace Chapter 17.78. The matter now goes to City Council for final action.

Next steps: the resolution will be forwarded to City Council for ordinance adoption and any enforcement procedures will follow the revised municipal code if the council approves the ordinance.