8.02.010 Legislative findings and statement of purpose.
A. The Board of Supervisors finds that the prohibitions on commercial marijuana cultivation, marijuana processing and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the county of Sierra and its community. The prohibition of such activities is within their authority under state law.
1. Local governments may enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Cal. Health & Safety Code § 11362.777 for the cultivation of marijuana (Cal. Health & Safety Code § 11362.777(c)(4));
2. The Act does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Cal. Bus. & Prof. Code § 19315(a);
3. The Act does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government’s right to make and enforce within its limits all police regulations not in conflict with general laws (Cal. Bus. & Prof. Code § 19316(c)); and
B. The Board of Supervisors finds that this chapter: (1) expresses its intent to prohibit the commercial cultivation of marijuana in Sierra County and to not administer a conditional permit program pursuant to Cal. Health & Safety Code § 11362.777 for the cultivation of marijuana in Sierra County; (2) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of Sierra County and its community; and (4) expressly prohibits the cultivation, sale, and dispensing of medical marijuana in Sierra County. (Ord. 1081 § 2, eff. 6/29/18)