City of Shasta Lake: Despite Extension of Moratorium on New Cannabis Businesses, Planning Commission Approves Concentrated Cannabis Manufacturing Facility
- Posted by Erica Treeby
- On February 7, 2017
- breaking, cannabis, cannabis law, Cannabis Permit, City of Shasta Lake, commercial cultivation, concentrated cannabis, cultivation, dispensaries, manufacturing, MCRSA, moratorium, Proposition 64, regulations, retail, Shasta County, zoning ordinance
At a public hearing held on January 17, 2017, the Shasta Lake City Council unanimously voted to extend the moratorium on new Cannabis businesses for 10 months and 15 days. The moratorium, which applies to non-personal Cannabis activities, was originally passed by the Council at its December 6, 2016, meeting. Citing concerns regarding the sweeping changes in recreational and medical Cannabis regulation since California’s enactment of the Medical Cannabis Regulation & Safety Act (MCRSA) and Proposition 64 (AUMA), the Council believes the moratorium is necessary to allow Shasta Lake’s legislators time to determine which commercial Cannabis activities it wishes to regulate, and how its regulations will interplay with those of the State.
Meanwhile, on January 25th, 2017, Shasta Lake’s Planning Commission approved an ordinance, which would allow the construction of a concentrated medical Cannabis facility in the industrial park area of the city. The ordinance, which amends the Shasta Lake Gateway Industrial Park Planned Development Zoning to permit the processing of marijuana using the carbon dioxide (CO2) extraction method, was proposed by Sonia Busch, Vice President of NorCal Nectar.
Rather than using volatile solvents to make the concentrated cannabis, the CO2 method NorCal Nectar plans to employ involves a closed system that uses temperature and pressure — an extraction method which is much less dangerous than those using butane or other volatile solvents. Before NorCal Nectar can start moving forward with its facility however, it must be granted approval by the City Council.
Although its clear that changes are on the horizon for Cannabis activities within Shasta Lake, the city’s Municipal Code currently contains regulations pertaining to the retail sales of medical Cannabis. The regulations, which refer to “collectives” and “cooperatives” will likely be updated sometime in the future, as MCRSA eliminated the collective/cooperative requirement for medical Cannabis businesses.
Per Chapter 17.82 of Shasta Lake’s zoning code, dispensaries may be located within the Community Commercial (C-2) zone district on State Route 151 (SR 151) between Ashby Road and Cascade Boulevard, and within the Village Commercial (VC) zone district on properties abutting SR 151. Cannabis may not be cultivated on the premises of a dispensary, except in compliance with the Compassionate Use Act and the Medical Marijuana Act. There are currently three medical Cannabis dispensaries within the city.
Shasta Lake’s medical Cannabis cultivation laws are set forth in Chapter 17.83 of the city’s zoning code. Only a qualified patient whose primary residence is located on the same property may cultivate medical Cannabis. A qualified primary caregiver may cultivate medical Cannabis on behalf of the patient on his or her own property, or on the patient’s property. The grow site may be outdoor or indoor. The maximum canopy area for indoor cultivation may not exceed 100 square feet, and must take place inside an attached or detached garage or accessory building. Cultivation is not allowed within a residence. Per the code, a permit is not required from the city to cultivate medical Cannabis in accord with Chapter 17.83. A summary of the cultivation regulations can be viewed here: http://www.cityofshastalake.org/DocumentCenter/View/1056
Contact CannaBusinessLaw for expert assistance in compliance with Cannabis licensing, permitting and the application process relating to commercial Cannabis in California.