A. The board of supervisors finds that the prohibitions on commercial marijuana uses including the cultivation, marijuana processing, and marijuana dispensaries, are necessary for the preservation and protection of the public health, safety, and welfare for the county and its community. The county’s prohibition of such activities is within the authority under state law.
B. On October 9, 2015, the governor signed the “Medical Marijuana Regulation and Safety Act” (“Act”) into law. The Act becomes effective January 1, 2016 and contains new statutory provisions that:
- Allow local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health and Safety Code § 11362.777 for the cultivation of marijuana (Health and Safety Code § 11362.777(c)(4));
- Expressly provide that the Act does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinances, or enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Business and Professions Code § 19315(a));
- Expressly provide that the Act does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government’s right to make and enforce within its limits all police regulations not in conflict with general laws (Business and Professions Code § 19316(c)); and
C. The board of supervisors finds that this chapter: (1) expresses its intent to prohibit the commercial cultivation of marijuana in the county and to not administer a conditional permit program pursuant to Health and Safety Code § 11362.777 for the commercial cultivation of marijuana in the county; (2) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the county and its community.
(Ord. No. 353, § 5, 4-12-2016)