- Posted by Maria Belyi
- On February 28, 2017
- breaking, Cannabis law Nevada County, cultivation, dispensary, marijuana dispensary nevada county, Nevada County, Nevada County Ordinance 2349
California’s move toward legalization of marijuana is bringing the winds of change to heavily regulated Nevada County.
A Little Bit of History
Though Nevada County has long been known to have an ideal climate and space to grow cannabis, its county ordinances severely restricted marijuana cultivation. In 2012, County Ordinance 2349 placed strict restrictions on marijuana cultivation. In January 2016, Nevada County Supervisor Dan Miller authored a measure which would have banned outdoor marijuana cultivation and limited indoor cultivation to 12 plants. Though that measure was soundly rejected by the voters in June 2016, the Nevada County Board of Supervisors drew up Interim Ordinance 2416 to serve as a placeholder until a final regulation can be drawn up.
Proposition 64 has allowed for those over 21 years old to cultivate up to 6 plants of medical or nonmedical cannabis indoors. The county has a very specific definition for an “indoor structure”—it must be a fully enclosed structure with a roof, it cannot be designed for any kind of human occupancy and must not be easily accessible to children. So, for example, residents may not cultivate cannabis in a spare bedroom, the kitchen or open backyard.
The current regulations assign an allowable cultivation amount that may be grown in each zone depending on the type of zone and the size of the land parcel.
For example, in a residential zone that is between 5 and 10 acres, a resident may grow 12 indoor plants, and have no outdoor plants. Meanwhile, on a parcel that is over 20 acres, a resident may grow 25 plants at most, with the indoor grow capped at 12 plants and the outdoor grow limited to one contiguous site that is less than 1000 square feet.
Similarly, in an agricultural zone, residents with a parcel between 2 and 5 acres may grow up to 6 plants outdoors in one contiguous area of 300 feet; while in an area that is over 25 acres, residents may grow up to 25 plants in one contiguous area of 1000 feet and a maximum of 12 plants can be grown indoors.
All other marijuana activities, including manufacturing and commercial retail, are prohibited in Nevada County.
Why We’re Watching Nevada County
The cannabis movement has mobilized in Nevada County and is pushing for positive changes. Currently, the county is in the process of selecting a consultant to assist with permanent cannabis regulations and is expected to select a consultant on March 14, 2017. The process may take as long as 18 months.
Moreover, on January 26, 2017, the Nevada City Planning Commission passed the Medical Cannabis Dispensary Ordinance which will allow for one dispensary in Nevada City with the potential for more dispensaries in the future. On February 22, 2017, the Nevada City Council unanimously approved the Medical Marijuana Dispensary Draft. The City is currently sifting through applications for the dispensary.
Currently, none of the county’s three cities (Nevada City, Grass Valley, and Truckee) have a dispensary or allow for retail or manufacturing of marijuana.
Nevada City is currently the only city considering a dispensary. It does not allow any other commercial activity relating to marijuana.
Grass Valley prohibits all dispensaries, including mobile or delivery services, as well as other commercial activity relating to marijuana.
Truckee is in the process of figuring out its own regulations. Truckee does not issue business licenses and has not been able to decide on whether to allow delivery services.
Please contact CannaBusinessLaw for expert assistance in compliance with Cannabis licensing, permitting and the application process relating to commercial Cannabis in California.