San Andreas, CA…Today’s special study session to continue discussion of cannabis cultivation in Calaveras County, focused on comments to the Draft EIR for the proposed ordinance to ban cultivation and commercial activities associated with cannabis. At the end of the meeting board discussion centered on trying to craft an ordinance that balanced the will of the Calaveras County residents with the expanding industry statewide.

Some changes being made at state level may have an impact here as well. For example SB 94 which in the crib notes version would merge many of the recreational and medical rules and regulations under a common framework. SB 94 if moves forward it may have an impact on the final formulation of our local ordinance.

So take aways….it seems that the make up of this board will move forward with some form of a “ban” ordinance as they have directed staff to do since early in the year. That Commercial cultivation in residential areas will be curtailed is a foregone conclusion and also these are the areas where there have been many if not most of the quality of life impacts.

An ordinance that allows cultivation in commercial areas or on large parcels where quality of life issues for neighbors can be mitigated seem like obvious carve outs in the potential ordinance.

Supervisor Oliveira called for a ballot initiative to put this very contentious issue to a vote where the people can truly have their say. Supervisor Mills argued against that path with some validity that ballot initiatives tie the hands of this board and future boards to make needed adjustments over time.

A county ordinance that is created by staff and the board may in fact be the best path forward argued Mills in that it allows the county to make adjustments as needed.

Supervisor Tofanelli restated that any form of an ordinance that permitted cultivation in traditionally residential areas is a non-starter with him.

Supervisor Garamendi counseled the Board to try not to get too cute with crafting the ordinance to maintain revenue from the commercial program on one hand while banning it with the other. “Getting a little bit pregnant” would not work out in the end he counseled. His comments may have been directed at the many legal challenges this ordinance will no doubtedly face from groups on both sides of the issue.

On that note if there is an issue in screams for the flexibility to make future adjustments it is the cannabis issue. Here we have a growing industry that technically produces a product the Federal Government deems illegal. That said with possession and use of small quantities deemed legal in most jurisdictions and the vast growth of the medical side of the industry it does seem only a matter of time before the federal issue is dealt with.

Like it or dislike it the cannabis industry even with passage of a “ban” ordinance in some form is probably here to stay.

At the end of the day for our local residents the quality of life issues need to be dealt with before the volatility of this issue will die down.