County of Colusa
The proposed ordinance amends Chapter 11 of the Colusa County code dealing with marijuana cultivation, related possession, and sales. Specifically, it amends sections 11-3 and 11-6 to add a definition for “Industrial Hemp”, clarify definitions of “Marijuana” and “Cannabis” and clarify the limited allowance to cultivate and possess marijuana or cannabis only for personal use.
The proposed ordinance amendments also add sections 11-6.1, 11-6.1.1, 11-6.1.2, 11-126.96.36.199, 11-188.8.131.52, 11-6.1.3, 11-6.1.4, and 11-6.1.5. These provisions allow limited “Commercial Cannabis Operations” for indoor cultivation, processing and distribution of Cannabis in a limited geographic area of the County that is the subject of a City of Colusa annexation proposal and more specifically only on parcels with the following Assessor Parcel Numbers: 017-030-054, 017-030-055, 017-030-078, 017-030-082 through 017-034-084, 017-030-094 through 017-034-096, 017-130-005 through 017-130-008, 017-130-011 through 017-130-012, 017-130-025, 017-130-028, 017-130-029, 017-130-031, 017-130-035, 017-130-037 through 017-130-040, 017-130-043, 017-130-068, 017-130-075, 017-130-084, 017-130-085, and 017-140-001 through 017-140-011. The Commercial Cannabis Operations would be limited to those operations possessing a state license, type 1A, 2A, 3A, 5A, 6, 7, 11 and 12. It also requires that Commercial Cannabis Operations obtain a license from the County and provide information to evaluate proposed operations including the submittal of site plans, an odor management plan, a security plan, a safety plan, a waste management plan, real property information and any additional information the Community Development Director deems necessary to evaluate the proposed operation. Under the proposed ordinance amendments, anyone issued a County license would be subject to on-going inspections, must comply with identified mitigation measures, and will be subject to having their license revoked should they not comply. The failure to comply with Chapter 11, state law, or any license requirement is deemed to be a public nuisance subject to existing enforcement procedures. All costs incurred by the County in connection with the application process, continuing inspections, mitigation measures, and enforcement, are funded by the applicant and licensee.
The proposed amendments expressly provide that they do not create a property right or entitlement to engage in commercial cannabis operations in the County. Additionally, all proposed amendments, to the extent they may allow commercial cannabis operations, automatically expire upon annexation of the subject area by the City of Colusa or 2 years from the effective date of the ordinance, whichever occurs first.
ATTEST: Wendy G. Tyler, Clerk to the Board of Supervisors
/s/ Patricia Rodriguez, Deputy Clerk
/s/ Kent S. Boes for Gary J. Evans, Chairman Colusa County Board of Supervisors
APPROVED TO FORM:
/s/ Marcos A. Kropf, County Counsel
WPR – 02/06/2019 • #2019-0178