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Consent-General Government # 12.
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| Board of Supervisors |
County Counsel |
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| Subject |
| Waive second reading and consider adoption of an ordinance adding Chapter 20 to Title 5 of the Yolo County Code regulating the outdoor cultivation of medical marijuana in the unincorporated areas of Yolo County. (No general fund impact) (Pogledich/Scarlata) |
| Recommended Action |
| Waive second reading and consider adoption of an ordinance adding Chapter 20 to Title 5 of the Yolo County Code regulating the outdoor cultivation of medical marijuana in the unincorporated areas of Yolo County. |
| Strategic Plan Goal(s) |
Safe Communities
Sustainable Environment
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| Reason for Recommended Action/Background |
Background
On January 26, 2016, the Board received a staff presentation about the Medical Marijuana Regulation and Safety Act ("MMRSA") and its impact on local medical marijuana regulation. MMRSA, which became effective January 1, 2016, addresses all aspects of medical marijuana including cultivation, manufacture, transportation, testing, distributing, sale and taxation. In response to MMRSA, and to effect greater local control, the Board directed staff to continue review and development of a local medical marijuana licensing and regulatory program and a corresponding ordinance.
Purpose
Although MMRSA became operative on January 1, 2016, many of the new state standards will not take effect until January 1, 2018. Until those standards take effect, and while staff develops a local regulatory program, the Board requested an interim ordinance for consideration that addresses neighbor complaints about certain outdoor marijuana cultivation sites and to limit harmful environmental impacts that are sometimes associated with marijuana cultivation. This is that interim ordinance.
Key Provisions
The ordinance bans outdoor cultivation of medical marijuana unless the cultivation meets one of two conditions.
One, the ordinance carves out a personal exemption for a qualified patient cultivating marijuana outdoors, if the cultivation area does not exceed 100 square feet and the patient is cultivating marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity.
Two, the ordinance allows outdoor cultivation if the cultivation site complies with California Regional Water Quality Control Board (“CRQCB”) Central Valley Region Order No. R5-2015-0133, which specifically addresses discharges of waste associated with medicinal marijuana cultivation activities to ensure that they do not impact water resources. The CRQCB’s medical marijuana regulatory program provides a useful tool for separating legitimate medical marijuana businesses who desire to operate legally from the bad actors who generate neighborhood concerns. It is an existing regulatory and permitting program that includes an application process, fees, best management practices, inspections, compliance assistance and enforcement mechanisms.
Finally, notwithstanding compliance with either of the above conditions, the ordinance prohibits outdoor cultivation of medical marijuana that creates an odor nuisance.
The interim ordinance also contains limitations on the location of cultivation sites to protect the health, safety and well-being of the County and its residents. Those limitations include setbacks from schools, school bus-stops, churches and parks, from other occupied dwellings and parcels under separate ownership. The ordinance also requires the cultivation site to be fully enclosed by a fence with a locked gate.
Current Action
The Board reviewed and discussed the proposed ordinance at the March 8, 2016 Board meeting. Per the Board's direction, staff made the following changes to the ordinance for this second reading:
- Expanded the personal cultivation exemption for those patients who can demonstrate that being limited to 100 square feet of outdoor cultivation makes it impossible or impracticable to meet their medical needs.
During the discussion at the March 8, 2016 meeting, some Board members, in response to a public comment, expressed concern that not all patients would be able to meet their medical needs if limited to 100 square feet of outdoor cultivation. The Board directed that the ordinance be revised to include a hardship exemption allowing outdoor cultivation on an area larger than 100 square feet upon demonstrated need. The attached ordinance reflects that revision. |
| Collaborations (including Board advisory groups and external partner agencies) |
| Department of Agriculture, County Counsel, County Administrator's Office, Sheriff, District Attorney, and community stakeholders |
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| Fiscal Impact |
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