NEVADA CITY, Calif. February 11, 2016 – The Nevada County Elections Office today published the Notice of Election, listing all local elected positions and ballot measure that will be on the June 7th ballot. The county’s proposed ban on outdoor marijuana cultivation will be henceforth known as Measure W.
The question asked of voters will be:
Shall an ordinance be adopted which (a) bans outdoor cultivation, commercial cultivation and other commercial cannabis activities, (b) limits indoor cultivation to 12 plants per parcel in residential and rural areas, (c) prohibits indoor marijuana cultivation in unpermitted structures and areas used or intended for human occupancy, and (d) allows marijuana cultivation only by qualified patients and primary caregivers and only for medicinal purposes?
Full text of Ballot Measure
AN ORDINANCE AMENDING SUBSECTIONS G-IV 5.4(C) AND G-IV 5.4(E) OF ARTICLE 5 OF CHAPTER IV OF THE NEVADA COUNTY GENERAL CODE REGARDING RESTRICTIONS ON MARIJUANA CULTIVATION
THE PEOPLE OF THE COUNTY OF NEVADA, STATE OF CALIFORNIA, ORDAIN AS FOLLOWS:
Section G-IV 5.4(C) of Article 5 of Chapter IV of the Nevada County General Code regarding Marijuana Cultivation is hereby amended to read as follows:
“C. Marijuana may only be cultivated
1. On a Legal Parcel improved with a permanent, occupied, legally permitted residence.
2. By a Qualified Patient on the same parcel that he or she occupies as his or her Primary Place of Residence.
3. By a Primary Caregiver, on behalf of his or her Qualified Patient(s), on the same parcel that the Primary Caregiver or the Qualified Patient(s) occupy as his or her Primary Place of Residence.
4. Only for medical purposes in accordance with federal, state and local law.
5. In conformance with all applicable State and local laws, including all regulations and restrictions adopted by the Nevada County Board of Supervisors.”
Section G-IV 5.4(E) of Article 5 of Chapter IV of the Nevada County General Code regarding Marijuana Cultivation is hereby amended to read as follows:
“E. Regardless of the number of Qualified Patients or Primary Caregivers living on a parcel or participating in marijuana cultivation activities, the following limitations shall apply:
1. Outdoor Marijuana Cultivation in any amount or quantity is prohibited.
2. Indoor Marijuana Cultivation of more than twelve (12) Marijuana plants per Legal Parcel is prohibited.
3. Indoor Marijuana Cultivation may occur only on Legal Parcels located in an area zoned primarily for residential or rural uses (e.g., R-1, R-2, R-3, R-A, AG, AE, FR or TPZ).
4. Indoor Cultivation of Marijuana in any amount or quantity on any other parcel is prohibited.
5. Indoor Marijuana Cultivation is prohibited in non-permitted structures, structures that are exempt from permitting, or any portion of a structure used as, designed or intended for human occupancy.
6. Commercial Cannabis Activities in any amount or quantity are prohibited.”
The People of the County of Nevada affirm that the Board of Supervisors may adopt, without a vote of the people, such additional ordinances, resolutions or other regulations as may be necessary to reasonably interpret and clarify the provisions of this Ordinance, so long as such interpretations or clarifications (even if contrary to a prior interpretation or clarification) is not inconsistent with the language and original intent of this Ordinance. The People of the County of Nevada further affirm that voter approval shall be required to repeal or substantially amend the Ordinance in a manner that is inconsistent with its original intent.
If any provision of the amended Article or the application thereof to any person or circumstance is held invalid, the remainder of this Article, including the application of such part or provision to other circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Article are severable. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one (1) or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be held unconstitutional, invalid or unenforceable.
Pursuant to Elections Code section 9122, this Ordinance shall not take effect until ten days after the a majority of voters voting at the June 7, 2016, general statewide election approve the Ordinance and the Nevada County Board of Supervisors declares the vote. Upon approval by the voters, the Nevada County Clerk-Recorder shall certify to the passage and adoption of this Ordinance and the Clerk of the Board shall cause the Ordinance to be published as required by law.