Calaveras County, California, Marijuana Cultivation Regulation, Measure D (November 2016)

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Local ballot measure elections in 2016

Measure D: Calaveras County Marijuana Cultivation Regulation
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The basics
Election date:
November 8, 2016
Status:
Defeatedd Defeated
Topic:
Local marijuana
Related articles
Local marijuana on the ballot
November 8, 2016 ballot measures in California
Calaveras County, California ballot measures
See also
Calaveras County, California

A marijuana regulation measure was on the ballot for Calaveras County voters in Calaveras County, California, on November 8, 2016. It was defeated.

A yes vote was a vote in favor of allowing the county to legally regulate marijuana cultivation, restricting marijuana cultivation to specific areas within the county, requiring a county license and permit to cultivate marijuana, imposing other regulations on cultivation operations, and designating violations of the ordinance as a public nuisance.
A no vote was a vote against allowing county regulation of marijuana cultivation, restricting marijuana cultivation, requiring licenses and permits for cultivation, and imposing other operational regulations.

Election results

Measure D
ResultVotesPercentage
Defeatedd No12,36553.56%
Yes 10,722 46.44%
Election results from Calaveras County Election Results

Text of measure

Ballot question

The following question appeared on the ballot:[1]

Shall an initiative measure to regulate the cultivation of cannabis for commercial and non-commercial activities within authorized zones in the unincorporated areas of Calaveras County be adopted?[2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Calaveras Assistant County Counsel:

A “YES” vote on this Measure would grant the County of Calaveras (“County”) legal authority to regulate the cultivation of cannabis for all purposes within the unincorporated territory of Calaveras County by adding Chapter 17.95 to the Calaveras County Code. New Chapter 17.95 would allow specific types of cultivation of cannabis in certain zones provided a cultivation applicant obtains the required license and either a Zoning Clearance Certificate or Administrative Use Permit issued by the County Planning Department, depending on the type of operation sought. New Chapter 17.95 would ban the cultivation of cannabis in all zones not authorized. The initiative measure allows the County Planning Department to regulate the location and licensing of cannabis related manufacturing, testing, transporting and dispensing. It also deems all violations of the Chapter to be public nuisances with enforcement and penalty imposition authority granted to the County Planning and Code Enforcement Officials, while preserving all other legal remedies available to the County for abatement of public nuisances. Specifically, the initiative measure would allow outdoor cultivation in Residential Agriculture (RA), Rural Residential (RR), General Forest (GF), General Agriculture (A1), Agriculture Preserve (AP), and Unclassified (U) zones depending on the license and Planning authority sought; ban outdoor cultivation in all other zones except for personal use or caregiver cultivation in Highway Service (HS) zones; and allow nurseries only in General Agriculture (A1) zones. The initiative measure would allow indoor cultivation in Unclassified (U), Residential Agriculture (RA), Rural Residential (RR), General Forest (GF), General Agriculture (A1), Agriculture Preserve (AP), Light Industrial (M1), General Industrial (M2), and Business Park (M4) zones. Indoor cultivation for personal use and caregiver use would also be allowed in Residential (R1) and Highway Service (HS), and Unclassified (U) Zones. The initiative measure would ban indoor cultivation in all other zones. The initiative measure also establishes development standards and operational requirements for outdoor, mixed light, nursery, and indoor commercial cannabis cultivation. Personal cultivators and primary caregiver cultivators must follow separate provisions regarding development standards and operational requirements. Separate provisions address cannabis manufacturers, testing laboratories, distributors, and transporters, including the types and licenses and approvals required, along with various zones where such activities are authorized. A “NO” vote on this Measure is a vote against the proposed Ordinance to regulate cannabis in the County. Measure D has been placed on the ballot by a petition signed by the legally requisite number of voters, and must be approved by a majority of the voters of Calaveras County voting upon said Measure to become effective.[2]

—Calaveras Assistant County Counsel[1]

Full text

The full text of the measure is available here.

Support

Supporters

The following individuals signed the official argument in favor of the measure:[3]

  • Barden Stevenot, Retired Business Owner
  • River Klass, Restaurant Owner

Arguments in favor

Official argument

The following official argument was submitted in favor of the measure:[4]

Your yes vote means you support strong regulation of Cannabis cultivation and commerce in Calaveras County, and the removal of noncompliant and unregistered growers. This measure provides fees to support county departments to regulate Cannabis such as law enforcement, code compliance, environmental health, and land use approval.

The measure has regulations regarding:

  • Noise and Light Pollution
  • Water use and State water requirements,
  • Cultivation area, and property line setbacks (75 foot)
  • Storage and use of pesticides and herbicides
  • Security plan, including background check on growers

Measure D establishes controls and land-use regulations, curbing unregulated marijuana growing in Calaveras County. Passing Measure D will provide a vehicle for taxation on grow sites.

Please vote yes on Measure D to regulate and control cannabis operations in Calaveras[2]

Opposition

Opponents

The following individuals signed the official argument against the measure:[5]

  • Bill McManus, Chairman, The Committee to Ban Commercial Cultivation

Arguments against

Official argument

The following official argument was submitted in opposition to the measure:[6]

Vote NO on Measure D! The measure is misleading, promising regulation. In fact, it results in full scale legalization and reduces the Sheriff’s ability to enforce almost all of it. After the first year, fees charged to growers are cut in half! This further reduces or eliminates the ability of the Sheriff to enforce the regulations. This measure is an even weaker version of the failed Urgency Ordinance and expands locations available for more marijuana dispensaries. It maintains marijuana growing in Rural Residential neighborhoods. It further allows facilities for manufacturing, testing, distribution, and transportation of marijuana and its products. Do you want dangerous hash oil production occurring in our county? Do you want huge amounts of marijuana in storage or being transported in our county? Do you want this huge crime magnet near you? It even drops the term ‘Medical’ meaning the marijuana production in this county would not be strictly for medical use. Even the proponents know how poorly written this measure is. Their spokesperson asked if they could withdraw it from the ballot and asked if the Board of Supervisors could pass a companion ordinance to fix their measure. He also asked if the Board could actually make changes to their initiative. The answer to all three requests was a resounding NO! This measure, if passed, will change Calaveras County for decades to come. It is up to you to send a clear message to the leadership of this County that marijuana is quickly destroying the peace, environment, panoramic vistas, public safety, and general quality of life we all sought when we came here. Don’t let them take that away from you!

Vote NO on Measure D.[2]

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a successful initiative petition campaign.

Recent news

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See also

External links

Footnotes