CITY OF YUBA CITYSTAFF REPORT
March 6, 2012
Honorable Mayor & Members of the City Council
Steven R. Jepsen, City Manager
: Adoption of an Interim Urgency Ordinance enacting developmentstandards/restrictions for medical marijuana cultivation.
: Adopt an Interim Urgency Ordinance that enacts developmentstandards/restrictions for medical marijuana cultivation as shown onExhibit A.
: The cost of regulating marijuana cultivation has not been determined;the cost of registration would be nominal and the cost of enforcementwould be dependent on the level of enforcement required.
To establish standards and restrictions for the cultivation of medical marijuana.
:Currently, the City of Yuba City has no restrictions in place regarding the cultivation ofmarijuana within the City limits. Legal restrictions on the growing and possession ofmarijuana have relaxed over the last few years. The number of plants allowable forcultivation has changed from 6 plants, to 12 plants, or any number of plants justifiablebased on individual patient need. Courts have been very generous in their interpretation ofthis issue, often deferring to patient’s rights/needs to grow any number of plants to be justified by personal consumption.Medical marijuana was first approved by California voters in 1996 with the passage of theProposition 215, “Compassionate Use Act”. To help clarify issues related to Proposition215, the California Legislature passed Senate Bill 420 in 2004 to provide patients andcaregivers, who collectively or cooperatively grow marijuana for medical purposes, defenselimitations by establishing limits for cultivation and possession of marijuana. Althoughallowed by California law, the cultivation, possession, use and/or sale of marijuana remainsa crime under the Federal Law “Controlled Substances Act”.The issue of marijuana cultivation was brought before the City Council on August 16,2011 by concerned residents of Yuba City. A petition was presented at this meeting