Special Notice / Hearing: None__
Vote Required: Four-fifths (4/5)
To: Honorable Board of Supervisors
From: John C. Beiers, County Counsel
Subject: Adopt an Interim Ordinance extending through December 12, 2018 the temporary moratorium on commercial nonmedical marijuana activity and outdoor cultivation of marijuana on the grounds of a private residence, within the unincorporated area of San Mateo County, to the full extent authorized under State law.
RECOMMENDATION:
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Adopt an Interim Urgency Ordinance of the County of San Mateo Board of Supervisors making findings and extending through December 12, 2018 the temporary moratorium on commercial nonmedical marijuana activity and outdoor cultivation of marijuana on the grounds of a private residence, within the unincorporated area of San Mateo County, to the full extent authorized under State law, and waive the reading of the ordinance in its entirety.
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BACKGROUND:
This moratorium is set to expire on December 12, 2017 and extending it is necessary to avoid a gap in the regulatory framework for nonmedical marijuana. Under State law, in the absence of local regulatory requirements, commercial nonmedical marijuana activity may proceed once the State begins issuing licenses. Local authorities have the ability to regulate such activity. Even if the Board were to adopt immediately the concurrently submitted ordinance setting forth a comprehensive marijuana regulatory scheme, the effective date of the ordinance would not be earlier than January 1, 2018, when the State plans to begin issuing licenses. This extension of the moratorium would prohibit commercial nonmedical marijuana activity from proceeding until the Board adopts the ordinance, or, if the Board prefers a different form of ordinance, until staff has developed and proposed a revised ordinance, and the Board has adopted such ordinance.
On November 8, 2016, the voters of the State of California enacted Proposition 64, known as the Co...
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