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Solano County is looking to extend, for an entire year, a moratorium on marijuana businesses in the unincorporated parts of the county.
During a public hearing at 2 p.m. Tuesday, the board of supervisors will consider adopting an urgency measure for a 12-month extension to the interim ordinance prohibiting the establishment of any business or facility that cultivates, sells or distributes medical marijuana within unincorporated Solano County.
Last year on Aug. 23, supervisors adopted an interim urgency ordinance establishing a 45-day moratorium, which was followed by the adoption of an additional 10-month and 15-day extension and is set to expire Aug. 19 unless extended.
"Staff believes sufficient justification exists to extend the urgency ordinance and continue pursuing a permanent ordinance that is responsive to prior board direction and evolving federal and state directives on regulation of medical marijuana facilities," a report to the board noted.
Challenges face the progress of developing a permanent ordinance.
Staff is having to weigh the federal and state laws since state law indicates the county can't completely prohibit all aspects of medical marijuana use/distribution while federal law says the county can't affirmatively allow it.
An attempt to change the county's zoning ordinance to allow medical marijuana dispensaries in specific zoning districts was not approved by the board. At the time, the board directed staff to return with an ordinance that would ban dispensaries and related medical marijuana facilities.
Staff believes that additional time may provide some clarification on how to structure a permanent ordinance and that the extension before the board will provide the time needed.
Prior to returning to the board with a final ordinance, it would first go before the Planning Commission for recommendation to the board.
Additionally, several recent cases have upheld ordinances that banned medical marijuana facilities.
Staff said these cases "walk the tightrope between federal and state law."
According to staff, the ordinances upheld in the cases contain provisions that distinguish between commercial storefront and dispensary facilities from those activities that occur between caregivers and providers in non-commercial circumstances.
Meanwhile, staff is awaiting the California Supreme Court's disposition of several local cases involving local regulation of medical marijuana dispensaries in order to advise the board on "the most appropriate and legally defensible solution(s) for Solano County."
The Solano County Board of Supervisors meets at 2 p.m. in the County Administration Center, 675 Texas St., Fairfield.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: thereporter.com
Author: Melissa Murphy
Contact: Contact Us - The Reporter
Website: Solano County Board of Supervisors to debate extending moratorium on marijuana businesses in unincorporated areas - The Reporter
During a public hearing at 2 p.m. Tuesday, the board of supervisors will consider adopting an urgency measure for a 12-month extension to the interim ordinance prohibiting the establishment of any business or facility that cultivates, sells or distributes medical marijuana within unincorporated Solano County.
Last year on Aug. 23, supervisors adopted an interim urgency ordinance establishing a 45-day moratorium, which was followed by the adoption of an additional 10-month and 15-day extension and is set to expire Aug. 19 unless extended.
"Staff believes sufficient justification exists to extend the urgency ordinance and continue pursuing a permanent ordinance that is responsive to prior board direction and evolving federal and state directives on regulation of medical marijuana facilities," a report to the board noted.
Challenges face the progress of developing a permanent ordinance.
Staff is having to weigh the federal and state laws since state law indicates the county can't completely prohibit all aspects of medical marijuana use/distribution while federal law says the county can't affirmatively allow it.
An attempt to change the county's zoning ordinance to allow medical marijuana dispensaries in specific zoning districts was not approved by the board. At the time, the board directed staff to return with an ordinance that would ban dispensaries and related medical marijuana facilities.
Staff believes that additional time may provide some clarification on how to structure a permanent ordinance and that the extension before the board will provide the time needed.
Prior to returning to the board with a final ordinance, it would first go before the Planning Commission for recommendation to the board.
Additionally, several recent cases have upheld ordinances that banned medical marijuana facilities.
Staff said these cases "walk the tightrope between federal and state law."
According to staff, the ordinances upheld in the cases contain provisions that distinguish between commercial storefront and dispensary facilities from those activities that occur between caregivers and providers in non-commercial circumstances.
Meanwhile, staff is awaiting the California Supreme Court's disposition of several local cases involving local regulation of medical marijuana dispensaries in order to advise the board on "the most appropriate and legally defensible solution(s) for Solano County."
The Solano County Board of Supervisors meets at 2 p.m. in the County Administration Center, 675 Texas St., Fairfield.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: thereporter.com
Author: Melissa Murphy
Contact: Contact Us - The Reporter
Website: Solano County Board of Supervisors to debate extending moratorium on marijuana businesses in unincorporated areas - The Reporter
