|
Return
|
| |
Regular-General Government # 29.
|
| Board of Supervisors |
Agriculture |
|
|
|
| Subject |
| Introduce by title only, waive first reading and receive public comment regarding a proposed ordinance amending Chapter 20 to Title 5 of the Yolo County Code regulating the cultivation of medical marijuana in the unincorporated areas of Yolo County; receive a staff presentation on the status of the Board’s policy direction for local medical marijuana regulatory action; and provide policy direction regarding the possible prohibition of commercial cultivation beyond that which is currently operating by permit. (No general fund impact) (Young) |
| Recommended Action |
- Introduce by title only, waive first reading and receive public comment regarding a proposed ordinance amending Chapter 20 to Title 5 of the Yolo County Code regulating the cultivation of medical marijuana in the unincorporated areas of Yolo County; and
- Receive a staff presentation on the status of the Board’s policy direction for local medical marijuana regulatory action; and
- Provide policy direction regarding whether to continue implementing the current medical marijuana ordinance or to prohibit additional commercial cultivation.
|
| Strategic Plan Goal(s) |
Operational Excellence
Safe Communities
Sustainable Environment
Flourishing Agriculture |
| Reason for Recommended Action/Background |
1. UPDATED INTERIM ORDINANCE
On March 20, 2016, in response to the Medical Marijuana Regulation and Safety Act (MMRSA) and to effect greater local control, the Board of Supervisors adopted Ordinance 16-32, adding Chapter 20 to Title 5 of the Yolo County Code regulating medical marijuana cultivation in Yolo County. The Board requested the ordinance as an interim measure to address neighbor complaints and limit harmful environmental impacts while protecting patient access to medical marijuana, while state and county staff develop more comprehensive regulatory programs.
To more effectively enforce the ordinance, the Department of Agriculture formed an enforcement task force comprised of representatives from the District Attorney's Office, the Sheriff's Office, the Health and Human Services Agency and both the Environmental Health Division and the Building Division of the Community Services Department. However, through the course of its enforcement efforts, the task force has identified provisions of the ordinance that require strengthening in order to best effectuate the intent of the ordinance. The amended ordinance is Attachment A to this staff report; a "track changes" version is also included as Attachment C to indicate the specific language that is added, revised, or deleted by the amendment.
Specifically, the amendment includes the following:
- Definitions for: abatement costs, administrative costs, cultivation site, enforcing officer and youth oriented facility.
- Revision of the patient cultivation exemption for consistency with state law.
- Clarification of the number of patients who may grow per property.
- Requirement that commercial cultivators: (a) participate in a track and trace program when instituted by the County, (b) provide written consent for compliance inspections and (c) sign an indemnification agreement protecting the County.
- Prohibition on commercial cultivation by those with enumerated criminal convictions.
- Residency requirements.
- Requirement that cultivators register with the County.
- Addition of a nuisance abatement process specific to marijuana with attendant full cost recovery.
2. DECISION MATRIX UPDATE
The decision matrix in Attachment B reflects the options initially considered by the Board of Supervisors in January of this year for long-term regulation of all aspects of medical marijuana in Yolo County. Check marks and yellow highlighting reflect current Board direction on the areas addressed by MMRSA. The highlighted path of the decision matrix is that which is currently being followed by staff as a guiding document.
3. DIRECTION ON POSSIBLE PROHIBITION OF ADDITIONAL COMMERCIAL CULTIVATION
Staff requests Board direction on continued implementation of the interim medical marijuana cultivation ordinance and whether any additional commercial cultivation should be prohibited. Staff presents two options for the Board’s consideration and recommends support of the second option:
Option 1: The Board of Supervisors could direct staff to continue implementing the interim cultivation ordinance without interruption, thereby allowing additional cultivators to obtain permits to cultivate in Yolo County.
Option 2: The Board of Supervisors could direct staff to bring back an amended interim cultivation ordinance prohibiting any additional commercial cultivation. This option would allow those currently legally operating to continue to do so but would prevent any additional commercial cultivation until the County develops and implements a more comprehensive medical marijuana regulation. |
| Collaborations (including Board advisory groups and external partner agencies) |
| The Department of Agriculture worked with County Counsel, the County Administrator’s Office and the District Attorney's Office in developing the interim ordinance update, as well as in coordination with the Medical Marijuana Task Force, representatives from the Department of Community Services, the Sheriff’s Office and Health and Human Services Agency. Regional and state agencies, such as the Central Valley Regional Water Control Board and the Yolo-Solano Air Quality Management District, as well as medical marijuana industry groups and businesses, and Yolo County residents and neighbors have been actively part of the iterative dialog in developing these changes to the interim ordinance. |
|
| Fiscal Impact |
|
|
| Source of Funds for this Expenditure |
|
|
|
|
|
|
|