Under Threat of Lawsuit, Elk Grove Moves on Adopting Prop. 64 Pot Regulations

March 3, 2017 |

At their regular meeting last night, the Elk Grove Planning Commission approved proposed regulations governing personal marijuana cultivation following last year's voter approval of Proposition 64. That proposition allows Californians over the age of 21 to use marijuana on a recreational basis and cultivate up to six plants for personal use.

In the immediate aftermath of voter approval of Proposition 64, on December 14, 2016, the Elk Grove City Council approved a moratorium on all cultivation while it studied the issue. The Council also extend that moratorium for 10 months at their January 25 meeting.

It was at that meeting, Jackie McGowan of cannabis business licensing consultant Ban-Aid Consulting opined the City was in violation and that it a lawsuit would be filed seeking compliance (see video below). After that meeting, the City cultivated it new codes to come into compliance.

In compliance with Proposition 64, the City would allow indoor cultivation of six plants but no outdoor cultivation. Additionally, under Proposition 64, the City will not allow commercial cultivation and would continue its ban on medical marijuana dispensaries.

The moratorium passed in December would have banned any indoor or outdoor cultivation and suggested that the City explore restrictive regulations. Some of those provisions in the staff report that the City was considering was the issuance of permit for cultivation by the Elk Grove Police Chief, banning growing plants on carpeting, and the ability for the City to make periodic inspections of personal cultivation.

The Planning Commission voted 4 - 1 in favor with Commissioner Frank Maita voting against adoption. The matter will be next considered by the Elk Grove City Council at a future meeting.