County adopts marijuana ordinance
EL CENTRO — As part of a monthslong process in which county officials took part in multiple workshops, presentations and meetings the County Board of Supervisors voted Tuesday to adopt the first ordinance regarding use and operation of cannabis.
The board scheduled a public hearing as part of its weekly meeting and after the presentation, the board unanimously approved the guidelines for cannabis commercial operations, zoning restrictions and licensing.
The main features of the new ordinance include setting the permitted zoning areas where commercial cannabis and industrial hemp will be allowed. Under the new ordinance, the board has identified two heavy industrial areas including the Mesquite Lake Specific Plan and Gateway of the Americas, which will be open for all commercial cannabis activities.
Agricultural zones, general agricultural and heavy agricultural will also be permitted zones for industrial hemp cultivation and harvesting.
Those parameters also include the other specific guidelines given by the Board of Supervisors on previous meetings.
The county will allow cultivation facilities no longer than 22,000 square feet and will not cap the number of licenses or permits associated with cultivation and manufacturing of cannabis.
The county plans on having a single storefront medical marijuana dispensary and will allow up to five establishments for adult-use of marijuana, provided they don’t have a storefront and exclusively deliver the product to the end user.
Up to five delivery licenses will be permitted as long as it’s part of the operation of the virtual establishments. There will also not be a limit on testing and distribution of cannabis.
When it comes to the personal cultivation of cannabis within the county’s jurisdiction, the board voted in favor of banning the outdoor growing of marijuana and regulating the indoor cultivation, which by state law, is limited to six plants.
Although the ordinance was presented during a public hearing, no members of the public commented on the ordinance. Following the opportunity for public comment, the board voted unanimously in favor of the ordinance.
County Planning and Development Services Director Jim Minnick told the board he expects to come back to the board mid-December to iron out some of the additional administrative matters. The pending items include preparation of permit applications, application documents, fee structure, development standards for business plans and security plans. Minnick said his goal is to bring that to the board for the Dec. 12 meeting.
During its Aug. 1 meeting, the county approved a proposal to include an 8 percent tax on retail sales, a 5 percent tax on the gross revenue in manufacturing. County also suggested a three-level land tax for cultivation facilities at $15 per square feet starting Jan. 1, then increase the tax to $20 by 2020 and $25 by 2022.
Under Proposition 64 or the Adult Use of Marijuana Act, the state adds an excise tax of 15 percent on retail sales of marijuana but still gives local jurisdictions the authority to impose additional taxes in medical and non-medical marijuana, however, those taxes need voter approval. A simple majority for a general tax and two-thirds majority for special tax in which those monies are earmarked for a specific purpose.
The county decided to approve a general tax since it only needs a simple majority to pass instead of the alternative on an excise tax that would’ve enabled the county to earmark the funds for specific services, but required a higher twothirds majority vote.
The general tax will go to the ballot for consideration by county voters in June.