Solano County Supervisors are still trying to iron out regulations when it comes to indoor and outdoor cultivation of marijuana for personal and caretaker uses.
During a special meeting Tuesday evening that lasted nearly two hours, the Solano County Board of Supervisors voted unanimously to send back its proposed changes to regulations recommended by the Solano County Planning Commission.
The supervisors want the planning commissioners to reword the regulations to not allow outdoor cultivation and elaborate on the definition of a greenhouse.
Supervisors tentatively agreed to not allow outdoor cultivation for personal use or by a caregiver, however, they did agree that a greenhouse on the property would be considered an indoor structure. Under Medicinal Adult Use Cannabis Regulation and Safety Act (MAUCRSA), jurisdictions are not allowed to ban indoor cultivation for personal use.
“Local jurisdictions must allow indoor cultivation of up to six plants within a private residence or in an accessory structure on the grounds of a private residence,” county staff explained Tuesday. “Local jurisdictions can further regulate indoor cultivation if they choose.” The proposed ordinance notes that regulation is needed because “the unregulated personal cultivation of cannabis in the unincorporated area of Solano County has the potential to adversely affect the health, safety, and well-being of the county, its residents and the environment.
Comprehensive civil regulation of premises used for personal cannabis cultivation, including zoning regulation, is proper and necessary to reduce the risks of criminal activity, degradation of the natural environment, malodorous smells, and indoor electrical fire hazards that may result from unregulated cannabis cultivation.” The proposed ordinance as it is written now says:
• A primary caregiver of qualified patients may cultivate up to six mature or 12 immature cannabis plants per qualified patient outside, inside a private residence, or in a permanent residential accessory structure on the grounds of a private residence in compliance with the Caregiver Cultivation Standards and upon obtaining a Primary Caregiver Administrative Permit.
• Individuals may cultivate up to six cannabis plants for their own use outside, inside a private residence, or in a permanent residential accessory structure located on the grounds of a private residence in compliance with the Personal Cannabis Cultivation Standards.
Before the supervisors discussed eliminating the option of growing marijuana outdoors, only a few people from the public spoke Tuesday during the meeting. William Hampton, a Suisun City resident, suggested that the board not come up with its own regulations for the unincorporated parts of the county when it comes to growing marijuana, but instead defer to state regulations. He added that the dimensions and fence requirements for outdoor cultivation were “not reasonable.”
“The setbacks aren’t realistic, you’re not leaving people with enough room to do what they’re trying to do, grow medicine,” she said. Another speaker raised the concern of having multiple families on one property and that adding the six plants per person living at the property would end up being a full cultivation operation. Staff and consultants explained that growing indoor marijuana for personal use does not need a permit.
Supervisor Jim Spering added that while he doesn’t want to permit outdoor growing, he thinks there should be a provision in the regulations that allow for an exemption on an individual basis. Spering referenced a speaker who explained that he lives on acres of property in the unincorporated areas of the county and grows marijuana behind a barn in a cage for his son’s medical needs.
The father clarified that growing it indoors would be too expensive and increases the risk of developing mold. Additionally, Spering noted that not allowing outdoor grows isn’t going to stop the illegal production of marijuana. It’s grown illegally now and it will continue to be grown illegally even after the board of supervisors adopts the regulations, according to Spering. “If anyone believes the illegal growing will go away, you’re probably smoking it yourself,” he said.
Supervisor Erin Hannigan said she agreed with the indoor and outdoor recommended regulations and that regarding the setbacks, if a caregiver isn’t at a place that accommodates the setbacks, they’ll have to consider a different situation.
Supervisor Monica Brown added that she doesn’t believe that the county should ban outdoor growing options and added that the county should regulate it because people will do it anyway. Bill Emlen, director of Resource Management, said county staff hope to have the planning commissioner consider the direction from the board at a meeting in September with a follow up supervisors meeting scheduled for October. He added that they hope to have regulations in place before the urgency ordinance, approved in December 2016, expires in December this year.
That urgency ordinance prohibited the outdoor cultivation of medical cannabis and non-medical marijuana for personal use along with commercial activities associated with the cannabis industry. A permanent ordinance adopted by the board of supervisors in 2013 that prohibits medical marijuana dispensaries in the unincorporated areas of Solano County “continues in effect and no changes are recommended.”
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