NEVADA CITY, Calif. December 14, 2016 – Only a handful of residents were present for the first reading of some adjustments to the current marijuana cultivation ordinance. The Nevada County Board of Supervisors voted to make minor changes to the current ordinance to bring it in compliance with Prop. 64, the statewide voter-approved non-medicinal use of marijuana.
The changes to the ordinance reflect current state law which allows for the indoor cultivation of six marijuana plants per household. Indoor cultivation can take place in a permitted, permanent residence or an “accessory structure.” Cultivation “may occur in any area which is not occupied by, or easily accessible to, children, notwithstanding any provision to the contrary in Subsection G-IV 5.4.D.”
If current setbacks are the only reason preventing cultivation, they will not apply to indoor cultivation of 6 plants.
The cultivation rule applies to the unincorporated area of Nevada County, except if Home Owners Association rules (CC&Rs) prohibit growing within a gated community.
The Nevada County Cannabis Alliance, represented by Diana Gamzon, thanked the BOS for making the change and reiterated their desire to work with other stakeholders on a permanent cultivation ordinance.
Nevada City resident and landlord Paul Hastings was concerned he would have to allow cultivation in his rentals. His concern was dispelled by Assistant County Counsel Amanda Uhrhammer who stated landlords have the authority to prohibit cultivation. A cultivation ban is still in place at this time in Nevada City, Grass Valley and Truckee.
District 3 resident John Nash questioned why this was not an urgency ordinance, stating current state law and the county’s ordinance are conflicting right now. Uhrhammer stated the current cultivation ban will not be enforced, as it is conflicting with state law.
At the behest of Supervisor Hank Weston a sentence will be added to the language clarifying the six indoor plants are not in addition to the current total number of plants allowed under the urgency ordinance.
The Nevada County BOS will hold the required second reading of the proposed ordinance at their January meeting.