City Council approves new residential marijuana cultivation ordinance

SOUTH LAKE TAHOE, CALIF. - As the State of California figures out how commercial sales of recreational marijuana will be handled in 2018, the City of South Lake Tahoe has adjusted the marijuana ordinance to handle residential grows.

With the passage of Proposition 64 in November, residents can grow up to six plants in their homes, and the City changed their medical marijuana ordinance to match the requirements of the new law legalizing recreational use.

During Tuesday's meeting at the airport, the Council voted 5-0 to incorporate changes to City Code 6.55.700 including; 1) No more than six plants may be grown per person at each property; and 2) The three residents currently holding valid residential cultivation permits have one year to come into compliance with the six plant maximum instead of the previous 200 square feet.

Previously, the old ordinance was for medical marijuana use only, and verbiage was changed to incorporate all usage and cultivation.

Residential growers will no longer need a permit, though physical alterations to a home will still need the appropriate building permits for health and safety reasons.

Even though residents will now all be able to grow, those living in rental properties will still need the approval of their landlord. Prop. 64 did not change property rights, and smells coming from grows still need to be controlled and not bother neighbors.

"It is now easier for our residents to be in compliance," said City Councilmember Tom Davis. "I'm happy to adjust this in the future," he said because they will have to look at commercial cultivation before the end of the year.

Commercial cultivation in neighborhoods will no longer be allowed, something Tahoe Wellness Cooperative owner Cody Bass said will affect his business. Bass said that he gets supply from personal growers who had been able to grow plants in 10 percent of the space in their home, up to 200 square feet.

Homes will also have to be lived in when growing the six plants. The terminology of "residents" and "residences" will be defined in the new ordinance.

An average of around 150 to 300 grams come from a single plant, but growers that know what they are doing can get up to 600 grams (up to 21.16 ounces per plant per cutting).

One local man in the council chambers said he was all for an ordinance, but as a grower himself he said he'd like to see the square footage requirements back into the ordinance since one plant can grow as tall as one's knee, or bigger than a house.

As the cottage industry of commercial marijuana grows before the estimated January 1, 2018 date when sales will be allowed, the City said they will review the state's progress and adjust their ordinance when needed.

This was the first of many discussions the City will have on how they will handle the commercial aspects of Prop. 64. In future months, staff and Council will look at local control which could include regulation, taxation and even a ban.

City Attorney Tom Watson said that residents shouldn't rely on a commercial element at this time, not until the City Code addresses that issue. There is nothing in the current ordinance that addresses commercial aspects and he said he didn't want people to invest in their properties for large grows until the ordinance was created.

Bass volunteered to be part of the ongoing discussion on how that ordinance might look.

The Council vote Tuesday was approval of the first and second reading of the ordinance, and will get the final vote at their next meeting.