(a)
It is the intent of the board of supervisors, in enacting this chapter, to: encourage
a well regulated cannabis industry, to eliminate illegal cannabis operations and access
to illegal and untested cannabis and to protect the health, life, safety and general
welfare of residents, particularly vulnerable minors.
(b)
Nothing in this chapter is intended, nor shall it be construed, to: (i) allow persons
to engage in conduct that endangers others or causes a public nuisance; (ii) exempt
commercial cannabis activity from compliance with all applicable county codes and
ordinances including, but not limited to, zoning and land use regulations, as well
as any applicable state laws; or (iii) protect any person from prosecution pursuant
to any laws that may prohibit the cultivation, sale, distribution, possession, use
of and/or any other activity associated with controlled substances, or to authorize
conduct that is unlawful under state or federal law. Moreover, cultivation, sale,
possession, distribution, and use of cannabis remain violations of federal law as
of the date of adoption of the ordinance creating this chapter and this chapter is
not intended to, and does not authorize conduct or acts that violate federal law and
does not protect any person from arrest or prosecution under those federal laws. Persons
engaged in cannabis activities assume any and all risk and any and all liability that
may arise or result under state and federal laws from the cultivation, sale, possession,
distribution, use of cannabis and/or any other cannabis activity.
(c)
Cannabis activities already are highly regulated by both the state and federal governments,
and their regulation of cannabis activities is subject to rapid changes. The board
of supervisors retains all of its statutory authority concerning cannabis activities.
For example, even if the ordinance adding this chapter becomes operative, the board
of Supervisors still may amend or take action(s) later to change the zoning and/or
licensing of cannabis activities to being prohibited. Changing the zoning and/or licensing
of cannabis activities to being prohibited, could occur—for example, but is not limited
to—if: 1) the county treasurer is not able to deposit cannabis-related funds in a
suitable financial institution; and/or 2) the board of supervisors submits a proposed
county tax on commercial cannabis activity to the voters and the voters do not approve
the tax. In part because cannabis activities are highly regulated by both the state
and federal governments and their regulation of cannabis activities is subject to
rapid changes, the board of supervisors later may need to change the zoning and/or
licensing of cannabis activities to being prohibited and may need to do so without
cannabis activities receiving: 1) an amortization period; and/or 2) legal nonconforming
use status.
