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This week I am including Measures N, P, Q, R, S as they all pertain to the issue of Cannabis.
Measure N
MEASURE PROVIDING FOR THE TAXATION, DISCRETIONARY PERMITTING PROGRAM, AND
ENFORCEMENT OF INDEPENDENTLY AUTHORIZED COMMERCIAL CANNABIS ACTIVITIES
The El Dorado County Board of Supervisors voted to place Measure N on the ballot to impose a general tax on the privilege of engaging in any
commercial cannabis activity in the unincorporated areas of the County. If approved by a majority of the voters voting thereon, Measure N would enact a general tax to raise revenue for general government purposes. All revenues from this tax would be deposited in the County’s general fund and the Board of Supervisors could utilize the funds for any lawful County government purpose. Measure N would also provide for a regulatory and enforcement program for any independently authorized commercial cannabis activities.
Measure N does not allow for the operation of any commercial cannabis activity. Instead, it puts a tax and regulatory and enforcement program in place if any commercial cannabis activities are authorized through Measures P, Q, R, or S or a future ballot measure or decision. The tax would apply only in the unincorporated areas of the County and would not apply within the cities of Placerville or South Lake Tahoe. The tax would apply to all medicinal and recreational adult use commercial cannabis activities, but not to cannabis lawfully grown under state and local law exclusively for personal use. Measure N would enact El Dorado County Code Sections 130.14.280 and 130.14.290. Section 130.14.280 provides for the tax of commercial cannabis activities and would be administered by the Treasurer-Tax Collector. Section 130.14.290 provides for the discretionary permitting and enforcement program and would be administered by the Planning and Building Department. Neither state law nor the passage of Measure N could legally affect the federal government’s current criminalization of cannabis.
Measure N provides for a range of taxes depending on the type of commercial cannabis activity, and the Board could set and adjust the tax rates within the ranges. For cultivation, the rate would either be $1 to $30 per square foot of canopy or 1% to 15% of gross receipts. For all other uses the tax could be set within the ranges of 0% to 10% of gross receipts for distribution; 2.5% to 10% of gross receipts for
manufacturing; 0.5% to 10% of gross receipts for retail sale and delivery; and 0.5% to 5% of gross receipts for testing laboratories.
The permitting program in Section 130.14.290 requires a detailed application, including a criminal background check of any person who has any financial interest in the commercial cannabis business. The permitting process includes environmental review required by the California
Environmental Quality Act and allows for site-specific conditions and restrictions to be imposed in a permit. Issuance of a permit requires a recommendation from the Planning and Building Director and a hearing before the Planning Commission. Notice of the hearing would be
provided to adjacent property owners and Placerville or South Lake Tahoe if the site is within a one-half mile radius of either city. Violations
would be subject to criminal and civil code enforcement and section 130.14.290 provides the amount of the daily fines.
A “yes” vote is to approve enactment of the commercial cannabis activities tax and creation of the regulatory and enforcement program for
commercial cannabis activities in the unincorporated areas of El Dorado County, but would not authorize any commercial cannabis activity.
A “no” vote is against enactment of the commercial cannabis activities tax and against creation of the regulatory and enforcement program for
commercial cannabis activities.
MEASURE PROVIDING FOR AUTHORIZATION AND REGULATION OF COMMERCIAL
OUTDOOR AND MIXED-LIGHT CULTIVATION OF CANNABIS FOR MEDICINAL USE
State law legalized commercial cannabis activities within the state, but allows each local government to decide whether to authorize any commercial cannabis activity within its jurisdiction. The El Dorado County Board of Supervisors voted to place Measure P on the ballot to allow the citizens of the County to decide whether to authorize outdoor and mixed-light commercial cultivation of cannabis for medicinal use within the unincorporated areas of the County. Mixed-light is cultivation in a greenhouse, hoop-house, or other similar structure. The only difference between Measures P and Q is that Measure P applies to medicinal use cannabis and Measure Q applies to recreational use of cannabis by adults over the age of 21.
If approved by a majority of the voters voting thereon, Measure P would enact El Dorado County Code Section 130.14.300. The ordinance could become effective only if Measure N passes, which provides for taxation of any authorized commercial cannabis activity and a County regulatory and enforcement program. Passage of Measure P would not affect Section 130.14.260, which allows for the limited outdoor cultivation of medicinal cannabis for personal use. Measure P would eliminate the County’s two-year ban on commercial cannabis activities for the uses authorized in Measure P. Neither state law nor the passage of Measure P could legally affect the federal government ’s current criminalization of cannabis.
Measure P would only allow outdoor or mixed-light cultivation on parcels of at least 10 acres zoned Rural Lands, Planned Agricultural, Limited
Agricultural, and Agricultural Grazing. Rural Lands would be restricted to a maximum of 10,000 square feet of canopy. For agricultural zones, the canopy is restricted based on the lot size with the largest canopy reaching a potential maximum of two acres on a parcel greater than 25 acres. Measure P limits the total number of cultivation operations in the unincorporated areas of the County to 150 regardless of whether the operations are outdoor, mixed-light, or indoor or for medicinal or recreational adult use cannabis. Of the 150 total cultivation permits, 75 are reserved for outdoor or mixed-light grows of 10,000 square feet or less and 40 of those 75 are reserved for organic outdoor grows of 3,000 square feet or less.
If Measure P passes, a person could cultivate commercial cannabis for medicinal use only after obtaining a permit from the County, which
requires a background check reviewed by the Sheriff’s Office, site-specific environmental review under the California Environmental Quality Act,
odor reduction requirements, setbacks, screening of the plants from public view, a legal water source, security procedures, and other regulations to protect public health and safety and the environment. A permit also requires the recommendation of the Agricultural Commission
and a hearing before the Planning Commission. Adjacent property owners and Placerville or South Lake Tahoe if the site is within a one-half mile radius of either city would be notified before the Planning Commission hearing. Compliance would be enforced through the civil administrative procedures and fines provided for in Measure N and could result in revocation of a permit.
A “yes” vote is to allow limited and regulated outdoor and mixed-light (greenhouse) cultivation of commercial cannabis for medicinal use on
parcels zoned Rural Lands, Planned Agricultural, Limited Agricultural, and Agricultural Grazing.
A “no” vote is to not allow outdoor and mixed-light (greenhouse) cultivation of commercial cannabis for medicinal use in the unincorporated areas of El Dorado County and to maintain the status quo.
MEASURE PROVIDING FOR AUTHORIZATION AND REGULATION OF COMMERCIAL
OUTDOOR AND MIXED-LIGHT CULTIVATION OF CANNABIS FOR RECREATIONAL ADULT USE
State law legalized commercial cannabis activities within the state, but allows each local government to decide whether to authorize any commercial cannabis activity within its jurisdiction. The El Dorado County Board of Supervisors voted to place Measure Q on the ballot to allow the citizens of the County to decide whether to authorize outdoor and mixed-light commercial cultivation of cannabis for recreational adult use within the unincorporated areas of the County. Mixed-light is cultivation in a greenhouse, hoop-house, or other similar structure. The only difference between Measures P and Q is that Measure P applies to medicinal use cannabis and Measure Q applies to recreational use of
cannabis by adults over the age of 21.
If approved by a majority of the voters voting thereon, Measure Q would enact El Dorado County Code Section 130.14.310. The ordinance could become effective only if Measure N passes, which provides for taxation of any authorized commercial cannabis activity and a County regulatory and enforcement program. Passage of Measure Q would not affect Section 130.14.260, which allows for the limited outdoor cultivation of medicinal cannabis for personal use. Measure Q would eliminate the County’s two-year ban on commercial cannabis activities for the uses authorized in Measure Q. Neither state law nor the passage of Measure Q could legally affect the federal government’s current criminalization of cannabis.
Measure Q would only allow outdoor or mixed-light cultivation on parcels of at least 10 acres zoned Rural Lands, Planned Agricultural, Limited
Agricultural, and Agricultural Grazing. Rural Lands would be restricted to a maximum of 10,000 square feet of canopy. For agricultural zones, the canopy is restricted based on the lot size with the largest canopy reaching a potential maximum of two acres on a parcel greater than 25 acres. Measure Q limits the total number of cultivation operations in the unincorporated areas of the County to 150 regardless of whether the operations are outdoor, mixed-light, or indoor or for medicinal or recreational adult use cannabis. Of the 150 total cultivation permits, 75 are reserved for outdoor or mixed-light grows of 10,000 square feet or less and 40 of those 75 are reserved for organic outdoor grows of 3,000 square feet or less.
If Measure Q passes, a person could cultivate commercial cannabis for recreational use only after obtaining a permit from the County, which requires a background check reviewed by the Sheriff’s Office, site-specific environmental review under the California Environmental Quality Act, odor reduction requirements, setbacks, screening of the plants from public view, a legal water source, security procedures, and other regulations to protect public health and safety and the environment. A permit also requires the recommendation of the Agricultural Commission
and a hearing before the Planning Commission. Adjacent property owners and Placerville or South Lake Tahoe if the site is within a one-half
mile radius of either city would be notified before the Planning Commission hearing. Compliance would be enforced through the civil administrative procedures and fines provided for in Measure N and could result in revocation of a permit.
A “yes” vote is to allow limited and regulated outdoor and mixed-light (greenhouse) cultivation of commercial cannabis for recreational adult use
on parcels zoned Rural Lands, Planned Agricultural, Limited Agricultural, and Agricultural Grazing.
A “no” vote is to not allow outdoor and mixed-light (greenhouse) cultivation of commercial cannabis for recreational adult use in the unincorporated areas of El Dorado County and to maintain the status quo.
MEASURE PROVIDING FOR THE AUTHORIZATION AND REGULATION OF RETAIL SALE, COMMERCIAL DISTRIBUTION, AND COMMERCIAL INDOOR CULTIVATION OF CANNABIS FOR MEDICINAL USE
State law legalized commercial cannabis activities within the state, but allows each local government to decide whether to authorize any commercial cannabis activity within its jurisdiction. The El Dorado County Board of Supervisors voted to place Measure R on the ballot to allow the citizens of the County to decide whether to authorize commercial indoor cultivation, retail sale and delivery, distribution, and transportation of cannabis for medicinal use within the unincorporated areas of the County. The only difference between Measures R and S is that Measure R applies to medicinal use cannabis and Measure S applies to recreational use of cannabis by adults over the age of 21.
If approved by a majority of the voters voting thereon, Measure R would enact El Dorado County Code Section 130.14.320. The ordinance could become effective only if Measure N passes, which provides for taxation of any authorized commercial cannabis activity and a County regulatory and enforcement program. Measure R would repeal Section 130.14.250, which currently prohibits medical marijuana dispensaries, and would eliminate the County’s two-year ban on commercial cannabis activities for the uses authorized in Measure R. Neither state law nor the passage of Measure R could legally affect the federal government’s current criminalization of cannabis.
Indoor cultivation occurs in a structure with the use of artificial light. Measure R requires the use of 100% renewable energy or the purchase of carbon offsets. The total cultivation operations for all cannabis uses would be 150 for outdoor, mixed-light, and indoor sites, and 75 of the 150 could be indoor.
Distribution involves the sale and transport of cannabis and cannabis products between licensed cannabis businesses, but not the direct sale to
the public. Transportation involves only the transfer of cannabis and cannabis products between licensed cannabis businesses. Retail sale and delivery involve the sale to qualified patients of cannabis and cannabis products that are tested, packaged, and labeled in accordance with state law. Measure R limits the number of storefront facilities open to the public to 7.
Measure R limits indoor cultivation and distribution and transportation facilities to parcels zoned Community Commercial, Regional Commercial, General Commercial, Industrial High, and Industrial Low. Retail sale and delivery facilities are limited to parcels zoned Community
Commercial, Regional Commercial, General Commercial, and Industrial Low.
Measure R allows issuance of a permit only after a criminal background check, site-specific environmental review under the California
Environmental Quality Act, odor reduction for cultivation, setbacks, screening of the plants from public view, a legal water source, security
procedures, use of unmarked vehicles with GPS tracking, and other regulations to protect public health and safety and the environment. Issuance of a permit requires a recommendation from the Planning and Building Director and hearing before the Planning Commission, with notice to adjacent property owners and Placerville or South Lake Tahoe if the site is within one-half mile radius of either city. Compliance would be enforced through the civil administrative procedures and fines provided for in Measure N and could result in revocation of a permit.
A “yes” vote is to allow regulated indoor cultivation, retail sale and delivery, distribution, and transportation of commercial cannabis for medicinal use within commercial and industrial zones in the unincorporated areas of El Dorado County.
A “no” vote is to not allow indoor cultivation, retail sale and delivery, distribution, and transportation of commercial cannabis for medicinal use in
the unincorporated areas of El Dorado County and to maintain the status quo.
SUBMISSION TO VOTERS OF A MEASURE PROVIDING FOR THE AUTHORIZATION AND REGULATION OF RETAIL SALE, COMMERCIAL DISTRIBUTION, AND COMMERCIAL INDOOR CULTIVATION OF CANNABIS FOR RECREATIONAL ADULT USE
State law legalized commercial cannabis activities within the state, but allows each local government to decide whether to authorize any commercial cannabis activity within its jurisdiction. The El Dorado County Board of Supervisors voted to place Measure S on the ballot to allow the citizens of the County to decide whether to authorize commercial indoor cultivation, retail sale and delivery, distribution, and transportation of cannabis for recreational adult use within the unincorporated areas of the County. The only difference between Measures R and S is that Measure R applies to medicinal use cannabis and Measure S applies to recreational use of cannabis by adults over the age of 21.
If approved by a majority of the voters voting thereon, Measure S would enact El Dorado County Code Section 130.14.330. The ordinance could become effective only if Measure N passes, which provides for taxation of any authorized commercial cannabis activity and a County regulatory and enforcement program. Measure S would eliminate the County’s two-year ban on commercial cannabis activities for the uses authorized in Measure S. Neither state law nor the passage of Measure S could legally affect the federal government’s current criminalization of cannabis.
Indoor cultivation occurs in a structure with the use of artificial light. Measure S requires the use of 100% renewable energy or the purchase of carbon offsets. The total cultivation operations for all cannabis uses would be limited to 150 for outdoor, mixed-light, and indoor sites, and 75 of the 150 could be indoor.
Distribution involves the sale and transport of cannabis and cannabis products between licensed cannabis businesses, but not the direct sale to the public. Transportation involves only the transfer of cannabis and cannabis products between licensed cannabis businesses. Retail sale and delivery involve the sale to adults over the age of 21 of cannabis and cannabis products that are tested, packaged, and labeled in accordance with state law. Measure S limits the number of storefront facilities open to the public to 7.
Measure S limits indoor cultivation and distribution and transportation facilities to parcels zoned Community Commercial, Regional Commercial, General Commercial, Industrial High, and Industrial Low. Retail sale and delivery facilities are limited to parcels zoned Community
Commercial, Regional Commercial, General Commercial, and Industrial Low.
Measure S allows issuance of a permit only after a criminal background check, site-specific environmental review under the California
Environmental Quality Act, odor reduction for cultivation, setbacks, screening of the plants from public view, a legal water source, security
procedures, use of unmarked vehicles with GPS tracking, and other regulations to protect public health and safety and the environment. Issuance of a permit requires a recommendation from the Planning and Building Director and hearing before the Planning Commission, with notice to adjacent property owners and Placerville or South Lake Tahoe if the site is within one-half mile radius of either city. Compliance would be enforced through the civil administrative procedures and fines provided for in Measure N and could result in revocation of a permit.
A “yes” vote is to allow regulated indoor cultivation, retail sale and delivery, distribution, and transportation of commercial cannabis for
recreational adult use within commercial and industrial zones in the unincorporated areas of El Dorado County.
A “no” vote is to not allow indoor cultivation, retail sale and delivery, distribution, and transportation of commercial cannabis for recreational adult use in the unincorporated areas of El Dorado County and to maintain the status quo.
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