COUNTY COUNSEL - M. GRANGER

Discussion of proposed marijuana cultivation ordinance.  Receive update from the Ad Hoc Committee, and provide direction to the Committee and staff, on the merits of a moratorium while a cultivation ordinance continues to be developed.   

SBC FILE NUMBER: 160

In October 2015, the Board of Supervisors appointed the Ad Hoc Committee to hold public meetings and prepare a draft ordinance for the Board of Supervisors.  Initially, Supervisors Botelho and Muenzer were assigned to the Committee.  On December 9, 2015, the Board of Supervisors held a special meeting to discuss the issue of a marijuana cultivation ordinance, at the request of the Ad Hoc Committee.  At that meeting, which the Board is aware, the public comment, primarily from potential cultivators, strongly favored opening the County to larger scale/"commercial" cultivation and cultivation being allowed outdoors.

At the January 12, 2016 Board of Supervisors' meeting, Chair Robert Rivas appointed Supervisors De La Cruz and Botelho to serve on the committee in 2016. 

On January 26, 2016, the Board again considered a marijuana cultivation issue.   The Board directed that the Ad Hoc Subcommittee to develop a personal cultivation/use ordinance and to further research a commercial cultivation/use ordinance.

At the present time, no final draft ordinance has been developed that is ready for formal public review or potential adoption by the Board.  There are a number of issues that still need to be further researched and incorporated into a draft cultivation ordinance.  State regulations pertaining to medical marijuana are expected to be adopted prior to January 1, 2018.  Additional potential changes to these regulations would be required if recreational marijuana is legalized by the voters in November 2016.   Regulation at the state level is long overdue.  The lack of regulation at the state level has created additional challenges in developing an ordinance that would successfully regulate cultivation at the local level.  Due to the complexity of a developing an ordinance that incorporates adequate land use control and compatibility with adjacent land uses, and local oversight and regulation, it is the recommendation of the Ad Hoc Committee that the Board consider adopting a moratorium on commercial cultivation, while work towards developing a cultivation ordinance continues forward. 

If the Board were inclined to consider the subcommittee's recommendation, a moratorium ordinance would be brought forward at the 9/27 meeting for adoption. 

(1) Provide direction to staff as to whether to bring forward a moratorium ordinance for the 9/27/16 Board meeting (or in the alternative a non-urgency ordinance limiting commercial cultivation) as an interim measure while a commercial cultivation ordinance is being developed the time period for which to be established by the Board; (2) If so, provide any direction to staff as to such an ordinance; or (3) provide other direction to staff.