What happened on July 10?
The Board revised the County's special tax on cannabis businesses (Measure B) that is set for the November 6, 2018, ballot. The tax revenues generated by the tax if approved will go to support early childhood education, literacy, drug prevention, and other programs for children and youth as follows: 30% in year 1 and increasing to 50% by year 5. The remaining revenue will be spent on public health, public safety, and enforcement of cannabis laws.
The Board took the first step toward adopting three new cannabis related ordinances:
An ordinance revising Title 4, Division 10, Chapter 1, previously known as Commercial Cannabis Activity, to allow all types of medicinal and adult-use commercial cannabis businesses in the unincorporated County with a County Commercial Cannabis License. The County License types will be: Cultivator, Distributor, Manufacturing, Retailer, and Testing Laboratory. There will not be a County Microbusiness license, but the ordinance allows a holder of a State Microbusiness License to utilize a single application to apply for three or more County Licenses corresponding to its Annual State License and in compliance with the County requirements for each license type. This ordinance will only go into effect if the Measure B cannabis tax passes on November 6, 2018.
An ordinance adding Chapter 3 to Title 4, Division 10, regulating personal cannabis cultivation and possession currently allowed by State law. Chapter 3 limits personal cultivation to 6 indoor cannabis plants per personal residence or accessory structure, and requires that cannabis be in a secured, enclosed area that complies with the Building Code and Fire Code and that is not visible to the public. No permit or registration with the County is required for cultivation and possession allowed by the Ordinance. The fine for a violation of the Personal Cannabis Cultivation ordinance is $500 for each non-plant violation per day and $1,000 for each plant over 6 plants per day. This ordinance will go into effect 30 days after its final adoption, which is agendized for August 7, 2018.
An ordinance revising the County's existing Titles 1 and 2 to include administrative enforcement tools for County officials, will increase the tools available to County officials for enforcing the County Code and will allow for the County to recovery costs of investigation, enforcement, and abatement. This ordinance will go into effect 30 days after its final adoption, which is agendized for August 7, 2018.
The Board directed staff to amend the County's Title 9 Development Title to include commercial cannabis businesses pursuant to the Title 4 ordinance after that ordinance is adopted. The Title 9 Development Title serves as the basis for all land use regulations adopted by the County. The amendments to Title 9, as directed, will include the creation of licensed commercial cannabis businesses as permitted uses in the zones and locations included in the Title 4 ordinance, the implementation of the discretionary Use Permit and Special Purpose Plan requirements included in the Title 4 ordinance, and other amendments as required to implement the Title 4 requirements into Title 9.
What happens next?
The Board will agendize three cannabis ordinances for final adoption on August 7, 2018.
- The Personal Cannabis Cultivation and Enforcement ordinances will become effective 30 days after their adoption.
- The Commercial Cannabis Business ordinance will only become effective if the Measure B cannabis tax is passed by the voters. If Measure B does not pass, then the Commercial Cannabis Business ordinance will not go into effect.
Existing Cannabis Ordinances
- County Code of Ordinance Title 4, Division 10, Chapter 1: Medical Marijuana
- Development Title 9, Division 1, Chapter 9-125: Cannabis Dispensary Regulations
Aug7th9 AM | Board of Supervisors MeetingBoard of Supervisor's Boardroom44 N San Joaquin St, Stockton, CA 95202
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