Nevada County marijuana: Supes could tweak ballot language on pot ban |

Nevada County marijuana: Supes could tweak ballot language on pot ban

The Nevada County Board of Supervisors next week will examine a possible change to ballot language proposing an outdoor marijuana grow ban, a clarification attorneys say came after public confusion over the issue.

Supervisors also are expected to vote Tuesday on a resolution that would state their intention to repeal an existing ban if it fails at the ballot box.

“It’s to address the community confusion,” said Alison Barratt-Green, county counsel. “We just want it to be very clear what they’re voting on.”

The proposed language change and resolution of intention come after a contentious Jan. 12 vote of the board to immediately implement an urgency ordinance banning all outdoor grows and limiting indoor grows to 12 plants. The board also opted to send the ban to the voters on June 7.

The ban wouldn’t end if grow supporters prevail at the polls. Instead a “no” vote would mean the urgency ordinance remains in place.

The resolution would state the board’s intention to remove the ban, if voters turn it down.

The ballot language tweak will make the issue clearer to voters.

Previous language cited abbreviations for local law and asked if amendments to those code sections should be adopted.

The suggested, new language is more detailed.

“Shall an ordinance be adopted which (a) bans outdoor cultivation, commercial cultivation and other commercial cannabis activities, (b) limits indoor cultivation to 12 plants per parcel in residential and rural areas, (c) prohibits indoor marijuana cultivation in unpermitted structures and areas used or intended for human occupancy, and (d) allows marijuana cultivation only by qualified patients and primary caregivers and only for medicinal purposes?”

The resolution of intent would clarify the board’s next steps if pro-growers win at the polls.

Board Chairman Dan Miller has said he intended to obey the voters’ will, and Barratt-Green indicated weeks ago she’d draft a resolution of intention.

“If the Ballot Measure is not approved by a majority of the voters voting on the measure, it is the intent of the Board of Supervisors to reject the Ballot Measure, to repeal the ban on outdoor cultivation of marijuana and to consider and adopt other outdoor regulations at the next available meeting after the results of the election have been certified by the County Elections Official,” the resolution states.

To contact Staff Writer Alan Riquelmy, email or call 530-477-4239.

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