SLO County votes for limited marijuana cultivation

December 15, 2015

prague-potThe San Luis Obispo County Board of Supervisors voted unanimously Tuesday in favor of creating an ordinance that would allow for limited medical marijuana cultivation in the county.

In order to maintain local control as the state increases its jurisdiction over legal pot grows, the board directed staff to use the framework from a Mendocino County law to draft an urgency ordinance. The Mendocino ordinance allows grows of 25 plants with multiple restrictions.

In January, SLO County supervisors will vote on the number of plants permitted per parcel and other growing restrictions.

Three bills Gov. Jerry Brown signed in September create a statewide licensing system for the cultivation, processing and transportation of marijuana. As a result, local government can either create laws to regulate or prohibit cultivation, or allow the state regulatory control at a March 2016 deadline.

Because of this, Arroyo Grande and Pismo Beach have adopted laws prohibiting medical marijuana grows.

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end the war on drugs so i can watch crime statistics used to scare and extort funds from public dwindle along with the cost of administering crime. I would used the world fight but that is laughable.

I am curious, what is the penalty for not complying with these local ordinances, particularly the cities in our area that are prohibiting cultivation? It is my understanding that it is state law (Prop 215) that allows for exemption from criminal charges for medical cultivation. Will these cities impose fines or forcibly shut down grows that are prohibited? I really am curious, given that state law basically allows for cultivation, assuming one meets the qualifications set up by the state.

You are asking the very question that cities and LE statewide don’t want you to know the answer. Since the DEA stopped medical marijuana prosecutions here (save for very large and unusual situations), all criminal cases must be brought by local DA’s and prosecuted under state law, where medical marijuana statutes CAN be a defense (unlike Federal cases). Hence, there a very, very few pot criminal cases now being pursued, and the trend is toward zero.

So, how are medical marijuana violations such as cultivation and dispensaries being handled? As simple misdemeanor zoning violations, totally toothless. DA’s do have the discretion to prosecute zoning violations as either civil or criminal misdemeanors, but most are now treating them as civil cases. This is why illegal dispensaries are a game of whack a mole; they pop up, stretch out the zoning violation process as long as possible, pay a fine, close and repeat. Or just keep paying fines while staying open.

The current round of local attempts to shut the market down are just as foolish and pointless as all previous attempts. Anybody who has watched the trend of this business for more than a few years can tell you that the end result will (soon) be a clear and rational path for open and legitimate cultivation and sales.

Thank you Board of Supervisors for not jumpiing on the band wagon of “the sky is falling” and banning all personal cultivation. Your consideration is appreciated. For those of us who genuinely need this medicine, it is a vital necessity for affordability and our personal safety not to have to purchase on the black market or from delivery services

Its just a f—ing plant!! You cannot die from it!!! How about regualtions and cultivation of wine grapes? Alcohol kills people every second and the grapes are taking all of our water. But oooh no, Wine is part of our county’s culture and economy…blah blah blah. Pot is plant that comes out of the dirt and has an abundance of value. Opponents need to get off their high horse and get over it. Its 2016, you got bigger problems than pot.

Well said, demise, but i would add that opponents need to first pull their heads out of their asses…after putting down their wine glass. Unbelievable hypocrisy….

How about the pot grown indoors? When you were copying mendocino county’s ordinance, did it mention that. Mediocre men and women in government can’t even come up with their own ideas.

We need a law here. Copy this one. Losers.

The board doesn’t do exactly as you wish so they’re losers in your book. Nice!

You’re part of the problem Dude

Clarification is needed.

Are state and county statutes in conflict with municipal ordinances in Pismo and AG?

If Pismo and AG are CONTRA state and county laws, it is time for citizens to throw out both the elected representatives and the appointed city staff (ie city managers, city attorneys,police chiefs) who recommended appointing laws that are against the expressed laws of higher governmental bodies.