Ordinance 2021-01 (page 3) A temporary ordinance, essentially a placeholder, to regulate medical marijuana in Butte County. This ordinance was effective five days before the state medical marijuana law went into effect, and established that the county would issue permits/licenses for operation of medical marijuana establishments.
Ordinance 2021-02 (page 5) In essence the first marijuana ordinance, effective June 25, 2021, the same effective date as Ordinance 2021-01. In fact, first and second readings, adoption of and effective date of this ordinance were the same as 2021-01, so it is unclear why 2021-01 was needed. 2021-02 went into detail (which 2021-01 did not) regarding definitions, time, place, and manner of operation, permitting and renewal of medical marijuana establishments. It also restricted medical marijuana establishments to no more than two in the county. It established setbacks of 1000 feet from a school or in-home day care facility.
Ordinance 2021-02 (page 2) Effective November 19, 2021. This one had the same list of definitions, expanded the allowable hours of operation of a marijuana facility from 8 AM-5PM to 7 AM-7 PM, specified one permit per 5000 residents of the county for marijuana dispensaries, production facilities, and testing facilities, and specified unlimited cultivation facilities. All currently operating marijuana facilities were approved under this ordinance.
Ordinance 2021-02 Second Amended Ordinance Effective August 6, 2022. A copy of the above ordinance with the same list of definitions with a definition of a “safety-sensitive job” and different hours of operation. Established 1000 feet setback from religious institutions, parks, residences, schools, foster homes, and day care facilities. Added section 7 dealing with cultivation facilities, section 8 which says this ordinance supersedes all previous ordinances, and section 9, civil penalties for violation of the ordinance. It also restricted to five the number of cultivation facilities, with the same numbers of dispensaries, production facilities, and testing facilities as the previous ordinance. At the time this ordinance was passed, the Butte County Commission had already approved seven cultivation facilities, of which six are currently operating, along with two dispensaries and 2 manufacturing facilities. In fact, all marijuana operations in our county were approved under the previous ordinance. In my opinion, due to the issues raised by members of the public, they decided to restrict number of cultivation facilities to five, even though they had already approved seven, add in the setback requirement from residences, and the language about a safety sensitive job. There is no way of proving this next, but I believe that they approved this more restrictive ordinance, knowing that they could, and would, approve variances to this ordinance for the existing facilities they had approved under the previous, less restrictive ordinance. I would note that this ordinance was in place prior to Commissioner Erk’s election.