El Dorado County

Regulations for Cannabis Related Commercial Activity

County Description

El Dorado County, officially the County of El Dorado, is a county located in the U.S. state of California. As of the 2010 census, the population was 181,058.[3] The county seat is Placerville. El Dorado County is included in the Sacramento-Roseville-Arden-Arcade, CA Metropolitan Statistical Area. It is located in the historic Gold Country in the Sierra Nevada.

The population of El Dorado County has grown as Greater Sacramento has expanded into the region. In the unique Lake Tahoe area of the county, environmental awareness and environmental protection initiatives have grown along with the population since the 1960 Winter Olympics, hosted at Squaw Valley Ski Resort in neighboring Placer County.

Political Statistics

County Board of Supervisors

State Senate

CA State Senate (District 1 )
Senator Ted Gaines -REP

State Assembly

CA State Assembly (District 5 and District 6)
Assembly Member Frank Bigelow -REP and Assembly Member Kevin Kiley -REP

US Congress

U.S. Congress – House of Representatives – (4th District)
Senator Tom McClintock –REP

US Senators

U.S. Senators –State of California
Kamala D. Harris and Diane Feinstein

CULTIVATION

APPROVED

EL DORADO COUNTY CODE ARTICLE III MEDICAL MARIJUANA

Sec. 130.14.260. – Outdoor medical marijuana.

D. Cultivation standards.

1. Size of outdoor cultivation area. Notwithstanding the limits set forth below, no person may cultivate more than 200 square feet of medical marijuana. The maximum area that may be used for the outdoor cultivation of medical marijuana shall be as follows:

a. Lots zoned R1, R20,000, R1A, R2A and R3A: 200 square feet;

b. Lots zoned RE-5, RE-10, A and SA10: 400 square feet;

c. Lots zoned RA-20, RA-40, RA-80, RA-160, PA, AP and AE: 600 square feet.

The cultivation of more than 200 square feet shall only be allowed as collective cultivation as provided in Subsection 2.E of this section. The area of cultivation shall be measured from the outside edge of the stems of the plants on the perimeter of the cultivation area and shall include the space between the plants. The minimum width of the cultivation areas shall be five feet.

E.  Collective cultivation. Notwithstanding the restrictions on the establishment of a medical marijuana distribution facility provided in Section 130.14.250, not more than three persons may collectively cultivate medical marijuana provided such cultivation is conducted consistent with the standards set forth in Subsection 2.D of this section, and as provided below:

 1. The area of cultivation permitted in Subsection 2.D.1 of this section shall not exceed 200 square feet per person participating in the collective cultivation activity. Each person’s plants or area of planting shall be clearly marked to identify the individual who is responsible for those plants.

2.  All persons participating in the collective cultivation shall be residents of the County.

(Ord. No. 5000, §§ 1, 2(17.14.260), 9-24-2013)

MANUFACTURING

BANNED

Please contact your local officials and let them know you oppose the MANUFACTURING BAN.

This information will be updated as progress continues.

Please CALL US if you would like further information or updates on pending legislation .

RETAIL

BANNED

Sec. 130.14.250. – Distribution.

2. Facilities.

A. Purpose. The purpose of this section is to clearly set forth the prohibition on medical marijuana dispensaries which conforms with recent State and Federal case law.

B. Medical marijuana distribution facility defined. Except where the context otherwise requires, a “medical marijuana distribution facility” means any medical marijuana dispensary, collective, or cooperative, in any facility or location, whether fixed or mobile, and whether or not the facility is operated for profit, where medical marijuana, in any form, is made available, sold, transferred, given, or otherwise provided to three or more qualified patients, primary caregivers, or patients with an identification card, as defined in California Health and Safety Code § 11362.5 et seq.

C. Exception. A “medical marijuana distribution facility” shall not include dispensing by primary caregivers to qualified parties in the following locations, so long as the location is otherwise permitted by this title and applicable State laws:

  1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
  2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;
  3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;
  4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;
  5. A residential hospice licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code; or
  6. A home health agency licensed pursuant to Chapter 8 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code § 11362.5 et seq.

D. Medical marijuana distribution facilities prohibited. The establishment, maintenance, or operation of any medical marijuana distribution facility shall be prohibited, and no use permit, variance, building permit, or any other applicable entitlement for use, including, but not limited to, the issuance of a business license, shall be approved or issued for the establishment or operation of a medical marijuana distribution facility. The County, however, shall not enforce the provisions of this section with respect to medical marijuana distribution facilities existing as of the effective date of the ordinance from which this section is derived and, within 60 days of the effective date of the ordinance from which this section is derived, submitting documentation to the County Planning Division demonstrating all of the following:

  1. Location within a commercial zone district;
  2. Continuous operation for a period of at least six months prior to October 30, 2011; and
  3. Compliance with State law, including, but not limited to, the Medical Marijuana Program Act.

Such documentation shall also include a detailed description of the full operations of the facility, including the hours of operation and the number of employees. Those operations submitting documentation that the County finds satisfactory will be allowed to continue to operate at the same level of intensity with the same square footage without any expansion subject to reasonable conditions on time of use as may be established by the County, subject to the County’s regulations on nonconforming uses.

E. Zoning; shared facilities. A medical marijuana distribution facility as defined in Subsection 2.B of this section shall not be established, operated or maintained at any location in any zone district in the unincorporated areas of the County, even if the medical marijuana distribution facility is located within, or operated with one or more additional otherwise permitted use, including, but not limited to: a health food store, bakery, tobacco shop, other retail store, health education facility, health spa, fitness facility, wellness center, or a health facility other than a licensed facility identified in Subsection 2.C of this section.

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