Sierra County, California, Restrictions on Cultivation of Medical Marijuana, Measure B (November 2016)
| Measure B: Sierra County Restrictions on Cultivation of Medical Marijuana |
|---|
|
| The basics |
| Election date: |
| November 8, 2016 |
| Status: |
 Defeated
|
| Topic: |
| Local marijuana |
| Related articles |
| Local marijuana on the ballot November 8, 2016 ballot measures in California Sierra County, California ballot measures |
| See also |
| Sierra County, California |
A measure to restrict the cultivation of medical marijuana was on the ballot for Sierra County voters in Sierra County, California, on November 8, 2016. It was defeated.
| A yes vote was a vote in favor of banning commercial medical marijuana activities of any kind, limiting personal cultivation to 10 plants per patient or caregiver and no more than 20 plants on any parcel of land, and designating violations of the ordinance as a public nuisance. |
| A no vote was a vote against banning commercial marijuana activities and limiting personal cultivation to 20 plants per parcel of land, leaving in place the limitation of 72 plants per parcel of land. |
Election results
| Measure B | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| No | 1,053 | 57.6% | ||
| Yes | 775 | 42.4% | ||
- Election results from Sierra County Elections Office
Text of measure
Ballot question
The following question appeared on the ballot:[1]
| “ |
Shall an ordinance be adopted amending chapter 8.01 of the Sierra County Code banning commercial cultivation of marijuana, regulating outdoor cultivation and indoor cultivation of medical marijuana for qualified patients and primary caregivers only, limiting cultivation per parcel to 10 plants for one qualified caregiver or patient and 20 plants for two or more qualified caregivers or patients, and regulating the location and conditions under which marijuana may be grown within Sierra County?[2] |
” |
Impartial analysis
The following impartial analysis of the measure was prepared by the office of the Sierra County Counsel:
| “ |
Measure B is a referendum on an Ordinance regulating the cultivation of medical marijuana (cannabis) by patients and qualified caregivers and establishing the cultivation of marijuana in violation of amended chapter 8.01 of Sierra County code as a nuisance. This Ordinance was approved for submittal to the voters on August 2, 2016 by the Board of Supervisors of the County of Sierra. If approved by the voters, the Ordinance would: Amend chapter 8.01 of the Sierra County Code to ban commercial cannabis cultivation activity of any nature or amount and in any unincorporated place in the County of Sierra and commercial mobile cannabis delivery services. The Ordinance allows for the cultivation of medical marijuana by a qualified patient at the patient’s primary residence and by a primary caregiver (caregiver) on a parcel owned by the caregiver and occupied by the caregiver or the residence of the qualified patient. Qualified patients or caregivers may cultivate marijuana within a legal structure or outdoorsunder the following summarized conditions: 1. Lot size must be at least 2 acres. 2. Fencing must be at least six feet in height. 3. Set back from property line must be at least 30 feet and 100 feet from property line of a neighboring occupied dwelling. 4. Cultivation of cannabis is prohibited in the front of the residence or along roadways. 5. The number of plants in cultivation must not exceed 10 with 100 square feet. 6. No marijuana may be cultivated within 100 feet of the nearest boundary line of a school, church, park, childcare center or youth oriented facility. 7. Cannabis cultivation is prohibited in mobile home parks, travel trailer parks, multi-family residential structures, commercial zoning districts, aviation districts and planned developments. The Ordinance also prescribes requirements for compliance with all building codes, electrical codes, fire codes and building permit and inspection requirements as contained withinSierra County Code. Lights used for cultivation purposes must be shielded and not exceed 1200 watts. Growers must maintain a state issued medical marijuana identification card and physician recommendation and written permission to cultivate cannabis on the parcel, if not owned by the qualified patient. The Ordinance also describes the requirements for green house cultivation. A “yes” vote means the voter is in favor of adoption of the Ordinance amending chapter 8.01 of the Sierra County Code. A “no” vote means the voter is not in favor of adoption of the Ordinance amending chapter 8.01 of the Sierra County Code.[2] |
” |
| —Sierra County Counsel[3] | ||
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]
- Victoria Fisher, representing the Committee for Informed Voters
- Becky Kinkhead, representing the Committee for Informed Voters
- Tom Rowson, representing the Committee for Informed Voters
Arguments in favor
Official argument
The following official argument was submitted in favor of the measure:[3]
| “ |
Measure B was placed on the ballot as a result of many Sierra County residents asking the Board of Supervisors to reexamine the County’s medical marijuana ordinance. Currently, the ordinance allows for the growth of eighteen (18) plants per medical recommendation with four (4) recommendations per parcel equaling seventy two (72) plants regardless of whether the parcel is in a residential area or in a remote rural setting. We feel that 72 marijuana plants is excessive and is well beyond what the state voters envisioned when they passed California Proposition 215 entitled “The Compassionate use Act of 1996” for medical marijuana use and cultivation. A County sanctioned committee heard many hours of public testimony. The marijuana growers want to maintain or increase the number of plants for cultivation. The other citizens that addressed the committee supported medical marijuana cultivation for qualified patients, but felt that the present ordinance allows for unreasonable numbers of marijuana plants to be grown. Those favoring less cultivation testified that they have experienced uncomfortable odors, allergy symptoms being caused by the plant bloom and an overall fear of a criminal presence which is often associated with marijuana cultivation. In general, those citizens supporting a reduction felt the current ordinance adversely affected their quality of life. We believe that the Board of Supervisors has crafted an ordinance that is thoug htful and fair to all concerned. The new ordinance allows for ten (10) plants per recommendation with a total of two (2) recommendations per parcel totaling twenty (20) plants. We believe the reduction still meets the needs of the patient and addresses the quality of life issues for the rest of the community. IF THIS ORDINANCE IS NOT PASSED THE OLD ORDINANCE ALLOWING 72 PLANTS WILL REMAIN IN EFFECT. VOTE YES on Measure B.[2] |
” |
Opposition
Opponents
The following individuals signed the official argument against the measure:[3]
- Chris Mills, representing the Sierra County Growers' Association
Arguments against
Official argument
The following official argument was submitted in opposition to the measure:[3]
| “ |
Measure B does not exhibit the careful consideration, research and understanding of cannabis regulation that we deserve. Measure B is a poorly written, hastily drafted law that would require another election to amend any part of it. Vote NO on Measure B to: Protect your property rights: This measure still allows the Sheriff and Building Department to enter your property at will to conduct compliance inspections (section 8.01.040). Officials could use suspicion or complaint of cannabis as a means to look for code violations that could result in fines and up to 6 months in prison. (County code chapters 1.16 through 1.18) Prioritize county spending: Enforcement of this ordinance would be costly for taxpayers. Licensing and fees are more effective ways to regulate cannabis grows and would make a clear delineation of lawful from unlawful operators. The vague and contradictory language of Measure B invites expensive litigation. Limit the overreaching arm of government: 11 pages of excessive regulations would create permanent prohibitions of activities that are currently allowed and benefit residents. Vote NO because of comprehensive coming changes in State marijuana law, growing support for medical use, and evolving social norms. Attitudes are changing rapidly, with people of all demographics seeing cannabis as a safe alternative to expensive, dangerous and ineffective medical treatments. Measure B leaves too many people unable to grow the cannabis they need due to setbacks, parcel size limitations and a 100 square foot limit. It bans collective gardens so those unable to cultivate cannabis due to illness or disability will not have access. Vote NO for personal rights, property rights and patients' rights.[2] |
” |
Path to the ballot
This measure was put on the ballot through a successful referendum petition campaign.
Recent news
The link below is to the most recent stories in a Google news search for the terms Sierra County Local marijuana. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ Sierra County California, "Resolution 2016-081 - Measure Related to Marijuana Cultivation," accessed October 14, 2016
- ↑ 2.0 2.1 2.2 2.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 3.2 3.3 3.4 Sierra County California, "Vote-By-Mail Instructions & Information Pamphlet," accessed October 14, 2016
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