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  Regular-General Government   # 27.       
Board of Supervisors County Counsel  
Meeting Date: 02/07/2017  
Brief Title:    Ordinance Prohibiting Non-Medical Marijuana Commercial Activity
From: Philip J. Pogledich, County Counsel
Staff Contact: Carrie Scarlata, Assistant County Counsel, County Counsel, x8172
Supervisorial District Impact:

Subject
Waive second reading and consider adoption of an ordinance prohibiting all forms of non-medical marijuana commercial activity in the unincorporated area of Yolo County. (No general fund impact) (Pogledich/Scarlata)
Recommended Action
Waive second reading and consider adoption of an ordinance prohibiting all forms of non-medical marijuana commercial activity in the unincorporated area of Yolo County.
Strategic Plan Goal(s)
Safe Communities
Sustainable Environment
Flourishing Agriculture
Reason for Recommended Action/Background
Current Action:  
This is the second reading of an ordinance the Board considered at its meeting on January 24, 2017, prohibiting commercial activities involving non-medical marijuana in the unincorporated area of Yolo County.   

Background:  
On November 8, 2016, California voters legalized non-medical use of marijuana via Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). AUMA allows the recreational use of marijuana by persons 21 years of age and older and the personal cultivation of up to six marijuana plants. In addition, AUMA creates a state regulatory and licensing system governing the commercial cultivation, testing and distribution of non-medical marijuana, and the manufacturing of non-medical marijuana products. AUMA allows local jurisdictions to decide whether to allow non-medical marijuana activities, except for personal use and cultivation, which must be permitted indoors with reasonable regulations. If a local jurisdiction is silent as to non-medical commercial activities, an operator would be eligible for a state license once they become available in January 2018. 
 
The attached proposed ordinance (Attachment A) prohibits commercial activities involving non-medical marijuana including cultivation, production, storage, processing, manufacture, dispensing, delivery, distribution, laboratory testing, labeling, transportation, provision and sale of marijuana or marijuana products in the unincorporated areas of the County. The ordinance is intended to allow staff and the Board of Supervisors time to more comprehensively study the issues surrounding non-medical marijuana commercial activities without allowing interested cultivators to proceed with commercial operations under state licensing without local control. While such non-medical commercial operations are not anticipated to begin until a comprehensive state licensing scheme is in effect early in 2018, some Board members asked staff to present an ordinance that would preserve local control.

Attachment B is the proposed ordinance with the revisions to the County Code pertaining to marijuana redlined. 
Collaborations (including Board advisory groups and external partner agencies)
County Counsel worked with the County Administrators' Office.

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $  
Amount budgeted for expenditure:    $  
Additional expenditure authority needed:    $  
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Attachments
Att. A. Signed Ordinance No. 1485
Att. B. Redlined Ordinance

Form Review
Inbox Reviewed By Date
Phil Pogledich Phil Pogledich 01/30/2017 01:30 PM
County Counsel Hope Welton 01/30/2017 01:48 PM
Form Started By: cscarlata Started On: 01/25/2017 08:29 AM
Final Approval Date: 01/30/2017

    

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