CA: Board Of Supervisors To Discuss Butane Oil Ordinance, Prop 64, Measure L

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The Butte County Board of Supervisors will hear reports on Proposition 64 and Measure L and may vote to approve a butane oil resale ordinance at its meeting Tuesday.

Proposition 64 is a statewide measure which would legalize adult use of recreational marijuana and Measure L is a local measure which would permit commercial medical cannabis activities in most of Butte County, if approved by voters in November. The board will hear a report from staff on what could happen if one or both of the measures passes.

PROPOSITION 64

The California Adult Use of Marijuana Act would allow adults 21 and older to possess, transport and use up to an ounce of marijuana for recreational purposes. County Public Information Officer Casey Hatcher said the county would have more leeway for further regulations under Prop 64 than under Measure L. For instance, although the county couldn’t change the number of plants allowed for cultivation and processing (six), it could restrict growers to keep their plants inside their residences or accessory structures.

According to the staff report, there shouldn’t be a noticeable change in law enforcement’s focused efforts.

“Current public safety efforts are already focused on more serious crimes,” the report reads.

It also says that the Butte County Code Enforcement Division and law enforcement may have difficulty identifying whether marijuana is for medical or recreational use and responding accordingly. The report says that enforcing regulations in the county would be challenging, especially for cultivation sites, if the proposition passes and current medical marijuana restrictions remain the same.

MEASURE L

If passed by voters, the Medical Cannabis and Commerce Initiative Measure would change land use requirements dramatically. It would establish specific land use requirements in zoning districts and establish specific permits needed for different land uses. The county’s current ordinance, which went into effect in June, restricts the cultivation of medical marijuana. It is also referred to as Measure H and would be repealed and replaced by Measure L.

There is likely to be increased commercial cannabis activities, leading to more complaints and enforcement, the staff report reads. Although processing and issuing permits would be covered by establishing user fees, the measure may cost the county, as the ordinance does not provide a method for the county to recover anticipated added enforcement costs.

“The county would also face significant challenges interpreting and enforcing the provisions because many requirements are confusing and inconsistent,” it reads.

And if both pass?

Staff’s key takeaway is that it would be difficult for law enforcement to identify whether someone was using marijuana for medicinal or recreational use and then to enforce the applicable laws.

BUTANE OIL RESALE

The proposed ordinance “Restrictions on Butane Resale” is up for a vote by the board. It comes after the Butte Interagency Narcotics Task Force reported an 80 percent increase over the last year in butane honey oil labs. In the last three years, the task force has investigated and shut down 103 labs in the county.

Chico adopted an ordinance regulating resale and possessions of the marijuana refining substances in June. The proposed county ordinance is the same as those which have been implemented in Chico, Biggs, Gridley and Paradise.

Butane oil is extremely dangerous because the concentrated form of cannabis is highly explosive. Three seizures of the substance last year involved explosions causing death, injuries and property damage.

The proposed ordinance would make it illegal to:

•resell butane canisters with 600 mL of butane per transaction

•purchase any number of canisters with more than combined 600 mL butane storage in 30-day period, unless they are wholesalers, businesses or companies selling butane commercially or canisters that contain a sulfur-containing odorant

Violating any part of the ordinance would be considered a misdemeanor and subject to a $1,000 fine and or six months in county jail. The county would have the ability to reduce the misdemeanor to an infraction, using discretion.

News Moderator: Katelyn Baker
Full Article: Board Of Supervisors To Discuss Butane Oil Ordinance, Prop 64, Measure L
Author: Risa Johnson
Contact: Oroville Mercury-Register
Photo Credit: Seth Perlman
Website: Oroville Mercury-Register