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Regular-General Government # 36.
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| Board of Supervisors |
Agriculture |
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| 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 expanding the scope of the prohibition on cultivation of medical marijuana in the unincorporated areas of Yolo County. (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 expanding the scope of the prohibition on cultivation of medical marijuana in the unincorporated areas of Yolo County. |
| Strategic Plan Goal(s) |
Operational Excellence
Safe Communities
Sustainable Environment
Flourishing Agriculture |
| Reason for Recommended Action/Background |
On March 20, 2016, in response to the Medical Marijuana Regulation and Safety Act (MMRSA), 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, which state and county staff develop more comprehensive regulatory programs.
On October 11, 2016, the Board received an update on the interim ordinance and considered revisions to that ordinance to strengthen enforcement measures. The Board also received an update on the status of commercial medical marijuana cultivation under the interim ordinance, including concerns regarding land use, permitting and registration processes, and cost recovery for implementing the interim ordinance. In response to those concerns, the Board of Supervisors directed staff to further amend the interim ordinance to prohibit additional commercial cultivation of medical marijuana in the unincorporated areas of Yolo County until such time as a permanent regulatory program can be fully developed and implemented.
The proposed amendment will expand the scope of prohibition on the cultivation of medical marijuana. Adoption of this ordinance will make the cultivation of medical marijuana unlawful in all cases, with two exceptions. One, when cultivation is by a qualified patient cultivating medical marijuana at their own home in an area not exceeding 100 square feet. Two, those who are, in addition to meeting all other legal requirements, currently legally cultivating by permit may continue to do so, and those who have submitted a Notice of Intent to the Central Valley Regional Water Quality Control Board no later than 5:00 p.m. on October 11, 2016 and owned their real property or were a duly authorized lessee of the property as of October 11, 2016, and meet all other requirements, may cultivate medical marijuana.
Staff recommends the Board of Supervisors introduce by title only, waive first reading, and receive public comment regarding the proposed ordinance amending Chapter 20 to Title 5 of the Yolo County Code expanding the scope of prohibition on cultivation of medical marijuana in the unincorporated areas of Yolo County. |
| 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 ordinance amendment, as well as in coordination with the Medical Marijuana Task Force, comprised of representatives from the Department of Community Services, the Sheriff's Office and the 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 ordinance. |
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