CA: County To Weigh Regulations On Newly Legal Pot

Katelyn Baker

Well-Known Member
With the passage of Proposition 64 removing prohibitions on marijuana in California, the Tuolumne County Board of Supervisors will be asked to provide direction on possible local regulations related to growing and distributing the newly legalized drug.

The County Counsel's Office is scheduled to give the board a presentation at a public hearing scheduled for 2 p.m. on the new laws and ways the county can regulate marijuana cultivation and distribution.

Under the "Adult Use of Marijuana Act," which passed Tuesday with 56 percent of the vote, local governments in the state are allowed to pass ordinances regulating personal cultivation, but they cannot prohibit individuals from growing up to six plants inside their residence.

Local governments are also allowed to regulate or completely prohibit state-licensed marijuana businesses from operating within their jurisdictions.

The new law, however, does not mention the principles of "permissive zoning," which was what the county previously used to ban people from growing medical marijuana before implementing regulations earlier this year that allow limited cultivation.

Permissive zoning states that any use of land not explicitly permitted in the zoning code is considered to be prohibited unless authorized by a county official. The County Counsel's Office is urging the board to decide how to address marijuana cultivation within its current zoning code to avoid legal challenges.

Another recommendation is to immediately ban all commercial cultivation and distribution businesses until a working group can be formed to determine possible regulations.

Kira Tucker, of Tuolumne Cannabis Advocates, which formed in response to the county's discussion earlier this year over allowing limited amounts of medical marijuana cultivation, said the group is not surprised the county is recommending the commercial ban, but hopes they will reconsider once the working group convenes.

"The potential for commercial businesses owned by locals, run by locals, for our locals could be a big boon for our local economy," she said. "But, we need to have a sensitive understanding of how those businesses could positively and negatively impact the local culture.

"Our members in TCA are passionate about small and sustainable business models, organic farming practices, and protecting our natural environments that we call home. We will be bringing those values to the table next Tuesday in hope that we as a community can collaborate on what is best for Tuolumne County.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: County To Weigh Regulations On Newly Legal Pot
Author: Alex MacLean
Contact: (209) 532-7151
Photo Credit: Justin Sullivan
Website: The Union Democrat
 
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