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NEVADA CITY, Calif. March 11, 2016 – Below is a side by side comparison of the revised ballot analysis and the previous one. Changes are in this color.

Revised Impartial AnalysisFirst Impartial Analysis
IMPARTIAL ANALYSIS MEASURE W

Restrictions on Marijuana Cultivation

Measure W is a County-initiated ballot measure that was placed on the ballot by the Nevada County Board of Supervisors pursuant to Elections Code section 9140. On January 12, 2016, the Nevada County Board of Supervisors adopted Nevada County Ordinance No. 2405 (hereinafter referred to as “Existing Law”) containing new restrictions on marijuana cultivation in the unincorporated area of Nevada County. This Existing Law allows qualified medical marijuana patients and their primary caregivers to cultivate medical marijuana in qualified permitted structures on properties where those patients or their primary caregivers reside, and prohibits outdoor marijuana cultivation.

Existing Law also:

• Allows only indoor marijuana cultivation of up to 12 plants per parcel on parcels zoned primarily for residential or rural uses (e.g., R-1, R-2, R-3, R-A, AG, AE, FR or TPZ)

• Allows marijuana cultivation only for medical purposes in accordance with federal, state and local laws, including regulations and restrictions adopted by the Nevada County Board of Supervisors

• Prohibits outdoor cultivation of marijuana

• Prohibits all commercial cannabis activities

• Requires that parcels used for cultivation be occupied by the patient or primary caregiver as his or her primary place of residence

• Requires that parcels used for marijuana cultivation contain a permanent, occupied, legally permitted structure

• Prohibits marijuana cultivation in any portion of a structure used as, designed or intended for human occupancy

• Prohibits marijuana cultivation in non-permitted structures

Because the Existing Law was passed by the Board of Supervisors, it is subject to amendment or rescission by a majority vote of the Board of Supervisors.

Measure W also contains the above-mentioned restrictions, and if passed, would amend Sections G-IV 5.4(C) and G-IV 5.4(E) of the Nevada County General Code accordingly.

Measure W also contains a new provision (“Section Ill”) which would allow the Board of Supervisors to adopt any additional ordinances, resolutions or other regulations necessary to reasonably interpret and clarify the ordinance, without a vote of the people, so long as the Board’s interpretation or clarification is consistent with the language and original intent of the voter-approved ordinance.

Therefore, Measure W proposes to enact a voter-approved ordinance, enacting the above-mentioned restrictions on marijuana cultivation and commercial cannabis activities in unincorporated areas of the Nevada County, which can only be changed by a vote of the people except as set forth in Section Ill of the proposed ordinance, Measure W.

A “Yes” vote on Measure W is a vote to adopt the proposed ordinance contained in Measure W which would amend Sections G-IV 5.4(C) and G-IV 5.4(E) of the Nevada County General Code, and would allow the Board of Supervisors to interpret and clarify the ordinance in accordance with Section Ill of Measure W. Any other amendments to, or rescission of, the Measure W provisions would require a vote of the people.

A “No” vote on Measure W is a vote to reject the proposed ordinance contained in Measure W. A “No” vote would result in no change to Existing Law, which can be amended or rescinded by a majority vote of the Board of Supervisors.

The above statement is an impartial analysis of Measure W. If you desire a copy of the measure, please call the Nevada County Elections office at 530-265-1298 and a copy will be mailed at no cost to you.

IMPARTIAL ANALYSIS MEASURE W

Restrictions on Marijuana Cultivation

Measure W is a County-initiated ballot measure that was placed on the ballot by the Nevada County Board of Supervisors pursuant to Elections Code section 9140. On January 12, 2016, the Nevada County Board of Supervisors adopted Nevada County Ordinance No. 2405 containing new restrictions on marijuana cultivation in the unincorporated area of Nevada County. This existing law allows qualified medical marijuana patients and their primary caregivers to cultivate medical marijuana in qualified permitted structures on properties where those patients or their primary caregivers reside, and prohibits outdoor marijuana cultivation.

Existing law also:

• Allows only indoor marijuana cultivation of up to 12 plants per parcel on parcels zoned primarily for residential or rural uses (e.g., R-1, R-2, R-3, R-A, AG, AE, FR or TPZ)

• Allows marijuana cultivation only for medical purposes in accordance with federal, state and local laws, including regulations and restrictions adopted by the Nevada County Board of Supervisors

• Prohibits outdoor cultivation of marijuana

• Prohibits all commercial cannabis activities

• Requires that parcels used for cultivation be occupied by the patient or primary caregiver as his or her primary place of residence

• Requires that parcels used for marijuana cultivation contain a permanent, occupied, legally permitted structure

• Prohibits marijuana cultivation in any portion of a structure used as, designed or intended for human occupancy

• Prohibits marijuana cultivation in non-permitted structures

If adopted by a majority of the voters, Measure W would create a voter-approved ordinance to codify the above restrictions on marijuana cultivation and commercial cannabis activities in unincorporated areas of the County, and would amend Sections G-IV 5.4(C) and G-IV 5.4(E) of the Nevada County General Code accordingly.

The proposed ordinance would allow the Board of Supervisors to adopt any additional ordinances, resolutions or other regulations necessary to reasonably interpret and clarify the ordinance, without a vote of the people, so long as the Board’s interpretation or clarification is consistent with the language and original intent of the voter-approved ordinance.

On February 9, 2016, the Board of Supervisors adopted Resolution No. 16-082 clarifying the intention of the Board of Supervisors if this ballot measure fails, which is to abide by the will of the voters with respect to Measure W, repeal the ban on outdoor marijuana cultivation and consider and adopt other outdoor regulations related to cultivation of marijuana.

A “Yes” vote on Measure W is a vote to adopt the proposed ordinance and uphold the existing marijuana cultivation regulations contained in Measure W.

A “No” vote on Measure W is a vote to reject the proposed ordinance. If Measure W is rejected, the Nevada County Board of Supervisors has committed to repealing the existing outdoor ban on marijuana cultivation and to adopting other outdoor regulations after the County Elections Official certifies the election results. The existing marijuana cultivation regulations would remain in place in the interim period.

The above statement is an impartial analysis of Measure W. If you desire a copy of the measure, please call the Nevada County Elections office at 530-265-1298 and a copy will be mailed at no cost to you.