Our New Cannabis Ordinance – A Civil Approach

George Rebane

[This is the transcript of my regular KVMR commentary broadcast on 14 February 2018.]

Yesterday afternoon Jo Ann and I were in the packed supervisors’ chamber at the Rood Center.  The supes were there to discuss the new county cannabis ordinance and give guidance to the county staff about what they wanted to see in the finished product.  The entire affair was presided over by Supervisor Scofield who is the current board chair.  The meeting began with a presentation by Community Development Agency head Sean Powers in which he outlined a bit of history, the state’s current and evolving cannabis regulations, and what our own Community Advisory Group had recommended.

The gathering opened in a very orderly, businesslike, yet congenial manner.  Supervisor Scofield then allowed about 30 minutes of additional public input, even though this was not a public hearing.  Then the supes started their first real discussion among themselves about the ordinance.  The Brown Act prevents elected officials from discussing and deciding public affairs in private.  So the exchange that followed was interesting to witness as each supervisor asked questions of the staff and began expressing their own druthers about the complex details that the ordinance must contain and also make clear to our newly legalized cannabis industry and concerned citizens alike.

The dimensions of the ordinance quickly revealed themselves to be byzantine as each layer of important factors was examined and peeled back.  The main points of contention were the nuisance of cannabis stench in residential neighborhoods vs the desire to allow legal, regulated, and taxed cannabis grows.  If the ordinance were to come out too draconian, then the growers and producers would return to their illegal ways, and we would be back where we started.

Also important to note is that all these deliberations are taking place within the current political environment in which 18 California counties are also writing their ordinances, while the rest are preparing to do so, and in which everyone is attempting to resolve the same conundrums.  The factors that need to be sorted out involve existing zoning laws, parcel sizes, numbers of permitted indoor vs outdoor plants, setbacks from property lines in the attempt to staunch the stench, and on and on.  Our cannabis proponents want Nevada County to lead the way with our ordinance, a tactic that is not without its own chuckholes.

It soon became clear which supervisors were more concerned about abating the nuisance issues, and who leaned more toward the cannabis growers.  Actually, only Supervisor Heidi Hall, representing District #1 that contains Nevada City, found herself alone advocating for more plants grown outside on smaller parcels with smaller setbacks from the neighbors.  Supervisors Miller, Anderson, Scofield and Weston all leaned toward smaller grows of only medicinal marijuana on larger parcels zoned for agriculture and having larger setbacks.  Nevertheless, all of them also understood that the growers needed some reasonable slack so that their commercial interests would also be served.

The overall discussion was most civil, with a lot of understanding of each others’ concerns that at times was even leavened with humor.  My only criticism about the process was with Sean Powers’ preparation – he didn’t make enough slides that were needed to give everyone, including us in the audience, the definitions, charts, and data that would have made things go more smoothly with fewer repeated questions and misunderstandings that had to be cleared up. More specific details about the Supervisors’ guidance and next steps in the drafting process, that would include additional public input, can be found in the online (here) and print editions of today’s Union newspaper.

We came away from the meeting in good spirits, having witnessed how local government can work in a reasoned and reasonable manner to consider difficult issues with divers advocates, and proceed visibly with an even-handed approach to making public policy.  In recent years I have become pessimistic about the outcome of our Founders’ legacy that left us the Great Experiment, which is based on the question, ‘Can common man govern himself?’  Witnessing our Board of Supervisors at work gave us new hope that maybe, just maybe, we could actually do that in today’s hyper-polarized America.

My name is Rebane, and I also expand on this and related themes on Rebane’s Ruminations where the transcript of this commentary is posted with relevant links, and where such issues are debated extensively.  However, my views are not necessarily shared by KVMR.  Thank you for listening.

Comments

[Walt]

What a buzz kill. Only ONE dope shop for Nevada City.
Not the three. Let the whining commence.

[Jaye Smith]

From the Union article, "Tackling outdoor personal grows, supervisors told staff to examine a maximum of six plants outdoors on exclusive agriculture, general agriculture, forest and timberland preserve zones. Up to six outdoor plants could grow on residential agriculture estate and residential agriculture rural zones, if parcels are at least five acres.

State law allows property owners to grow up to six plants indoors." https://www.theunion.com/news/local-news/nevada-county-staff-now-prepped-to-write-draft-marijuana-ordinance/

The proposed ordinance and Supe's logic are questionable here.

If I can grow 6 plants indoors anywhere, and I don't need to provide carbon filtration for odor control, aren't my plants going to stench when I exhaust them out the gable end of my garage? Is there going to be a big difference if I grew the same 6 plants outdoors?

[Account Deleted]

Who is going to being going around checking on grows? If you are a grower does that give the govt a right to enter and inspect? They can come up with all the rules they want but enforcement would seem to be the big question.

[Don Bessee]

@ 1206- The supes made it clear that filtration will be required in the update to the ordinance. ;-)

[Don Bessee]

File under you cant please everyone-

June Sierra Well that's why they did w. To kick out the growers and take advantage of the rise in real estate and stock prices by development. Then the price of marijuana crashed and investment capital went elsewhere because of the shadow of W. The retail never happened because the non marijuana economy in Nevada county can't support it. And all of that comes together to inhibit practically any housing development from happening. So the local republicans ran out the growers and subverted the will of the majority voters all for some failed insider whitewashed neo Nazi vision of Nevada county that they themselves can't afford to create or maintain. Its california at its worst.

June Sierra Thank u to jonathan and all others that worked hard. The lack of proposition 64 integration is basically a hidden ban. We could all be celebrating but instead yesterday there were the fewest people in or traveling through north san juan I've ever seen. Its like a ghost town. Except all the bums and tweekers are still there. That's gonna happen to the whole county and already did. But this is gonna break the camels back. There is no demand for medical marijuana. Medical flower is so backed up. The supes obviously want this not to work. People will have to sell on the black market for less than licensed 64 prices just to make their money back. But then they're going to be on the books with everyone like the state and its going to get nasty . no one will do it except the people that can't and don't want to leave. That's what dam miller, ed scofield, hank weston wanted. They do not deserve the offices they occupy. They are truly pathetic dotards.

Someone needs to tell June that Supervisor Anderson was a staunch defender of residential areas and neighborhoods in general. ;-)

[George Boardman]

What exactly are you smoking, Bessee? That is the most incoherent post I've seen here in a long time. Dr. R needs to set higher standards.

[Don Bessee]

Put your glasses on GB, those are cut and pastes form union comments from June with my opening line and my closing line, everything in between is 'june sierra'. Notice how the para's start with her name? ;-)

[Walt]

OK Boardman, if most legit businesses had tough times staying open, then care to explain where the money for buying dope will/was to come from? So dope was to save the county financially. Money for over priced doesn't magically appear under the mattress.

[Account Deleted]

"Dr. R needs to set higher standards."
Oh, Boardman - you just launched a high slow fat one and I could just smack it out of the park.
Ahem - he does let you post here, Boardman. Even though you rarely engage or respond.
Think about it.
I could easily understand Don's post. If you need help, I can provide it.
Cheers!

[Todd Juvinall]

I see GB reading skills are in trouble. Let's see if he admits his screwup and apologizes. Bet he doesn't.

[Mary Wanna]

DB622pm - Can you think of any other instance where a homeowner is required by a specific county to conform to a specific requirement to enjoy their own hobby on their own property?

For example,

Hobby - MJ - county requires air filtration for indoor grow.
Hobby - Shade tree mechanic - (any regulation specific to Nevada County required) ?
Hobby - Home brew wine, beer, etc. - ?
Hobby - Meat/game smoker - ?
Etc.
Etc.

Any lawyers out there want to chime in?

[Mary Wanna]

If the county outlaws commercial grows how is that doing anything to bring outlaw grows into compliance? Does the county want to keep as much MJ illegal as possible so they can get Fed money to fly around with helicopters and play cowboys and indians?

[Don Bessee]

It seems that nobody wants to @ 955 and 1004 is ignorant and in need of help. Perhaps Hez can school you, not my job. It has a po' ol' fakenewsman sound to it does it not? ;-)

[Paul Emery]

That's Don Bessee speaking out folks. He was the pathetic sponsor and spokesperson for Measure B which lost miserably 60-40 in an election and cost the Nevada County taxpayers 75,000. If there is one person who has no credibility in the MJ cultivation issue it is Don Bessee.

[Paul Emery]

typo That's Measure W

[Don Bessee]

Does anyone care what the po' ol' fakenewman says? Clearly not. Why should the neighborhoods suffer? Power to the tax payers! ;-)

[Paul Emery]

Neighborhoods spoke Don and rejected your measure w 60-40

[Mary Wanna]

Paul, that is Don for you. All hat, no cattle, no clue.

[Paul Emery]

Yeah Mary. He's a has been one trick pony. That trick, measure W was a big flop.

[Todd Juvinall]

My neighborhood now has a constant skunk smell. Thanks Paul Emery for the air pollution you could care less about.

[Paul Emery]

Blame the 60% of Nevada County voters Todd. They are the ones who voted down measure W.

Smell Might be coming from your Dragons den Todd. Dragons eat all kinds of critters and leave their guts out to rot.

Perhaps you should consider moving North Todd to a county whose voters support your views. This is a Blue County which makes it frustrating for you and your kind.

[Todd Juvinall]

No it is your guts that stink Paul Emery. You support drugs for the youth and others. You are disgusting as a human.

[George Rebane]

PaulE 1051am - You have been pounding DonB about his support of Measure W for months and months. I'm not sure what pleasure you're getting out of lambasting a fellow county neighbor who happens to have a different outlook on MJ than you, and who promoted the civil approach to the issue through the ballot box. We know the measure failed, but does that call for perennially vilifying those who supported it?

But it appears that you may be warming to the RR doctrine on more culturally cohesive communities with your 1041am advice to ToddJ. Or perhaps you might even consider the Great Divide for all the irredeemable deplorables. It would solve a lot of these problems.

[Paul Emery]

Just giving Todd some advise George as to how he can live a happier life without disturbing odors from his neighbors.

george

Don B is a pompous ass who deserves to be called on his poop and his opinion needs to be put in perspective as to how unpopular it was and is to Nevada County residents.

[Don Bessee]

Spoken like a true po' ol' fakenewsman @ 1137. You can spin all you want but the R turnout on w was abysmal and a lot of my friends voted against it because they thought 12 plants was too generous or the wanted the BOS to do their jobs. Either way the neighborhoods won on Tuesday. ;-)

[Paul Emery]

Tuesday was a far cry from Measure W which you advocated. Really funny that you call it a victory.

[Mary Wanna]

Turns out Don is happy to talk about 'W'.

But crickets so far regarding why it is fine to go all 'Cali ARB' and place pollution/odor control on MJ while letting horse turds, wood smoke from fireplaces and stoves, burning flesh from barbeques and smokers, etc. get off scot free.

Why aren't the anti CARB libertarians raising hell about more pollution controls making it harder to do business here?

[Todd Juvinall]

Paul Emery is better off in Marin and maybe he and Pelline would be much happier there. Our county is not a blue county it is a mixed bag now that liberals like Paul Emery have relocated here. And since he enjoys the smell of skunk in his neighborhood there is no telling what rot he is in to. As far as living here myself, not going to move. I like jabbing sicko libs like Paul Emery. Makes me very happy.

[George Rebane]

Well, I see that discussion of the Supes' guidance has degenerated into a sandbox brawl. I guess we've exhausted the discussion of the material issues about the new MJ ordinance.