Outdoor Marijuana Cultivation Ban in Yuba County

By Elden Fowler

Yuba County’s Board of Supervisors voted to pass a new marijuana cultivation ordinance. But, in a move that surprised and angered many of those witnessing yesterday’s action, the Board also voted to declare it an urgency ordinance which can be enforced immediately.

The new ordinance which bans outdoor cultivation and allows for no more than 12 plants was before the Board for a final reading and passage. Normally, it would not have taken effect for 30 days.

By passing the ordinance as urgent, the Board also halted any plans by opponents to circulate petitions and gather signatures for a voter referendum.

County Counsel Angil Morris-Jones said opponents of the ban can still utilize the initiative process to bring the matter before the County’s voters.

Supervisor Andy Vasquez started the move towards enacting the urgency declaration when he asked Morris-Jones to explain how the Supervisors could proceed.

Vasquez cited a letter addressed to the Supervisors by Gay Todd, Marysville Joint Unified School District Superintendent. Todd complained of a “very dangerous environment for our students” caused by unattended guard dogs at cultivation sites near bus stops and increased traffic near schools.

Morris-Jones said the Board “would have to adopt findings which declare what the urgency was.” She added it would require a minimum of 4 votes.

Early on, as it became apparent the supervisors were favoring the urgency clause, approximately 50 opponents of the ban, some verbally challenging the supervisors, marched out of the chambers.

Eric Solerno of Yuba Patients Coalition admonished the board saying the supervisors “are acting in bad faith to avoid a referendum.”

The Supervisors based the urgency findings on a whole host of issues including pot plant water usage during a drought, trespassing, burglary, and violence.

“They want to blame pot gardens for everything including the drought” said an angry Kevin Johnson of Oregon House. “What about rice? Now that’s some water use and sometimes it stinks. Maybe that needs to be a code enforcement issue too.” Johnson was among those who had left the chambers earlier in protest of the Board action.

The final vote for passage of the ban of outdoor cultivation passed 4-1 with Supervisor and Board Chair Mary Jane Griego voting no.

Griego supported the new ordinance but did not want to prohibit the referendum process by voting for the urgency declaration saying “this is America and people have a right to petition.”

Supervisor John Nicoletti said he was supporting the urgency declaration because of Todds’s letter even though Griego reminded him the issues were already addressed in the current ordinance.