California: What the Board of Supervisors Needs to Know About Cannabis and Zoning

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Tomorrow afternoon, the Board of Supervisors will take its first look at the commercial cannabis cultivation ordinance passed by the Planning Commission last week. When they do, the principal thing they’ll be looking at is questions of land use — what sizes of commercial grows will be allowed where, with which sorts of permits. 

Why will the Board of Supervisors be looking at these questions? Why has the county been crafting this ordinance?

Because under the California constitution, local governments such as the county have an immense amount of control over land use. The ability to regulate what gets built where within their borders is the single greatest power retained by local governments in California — cities and counties. Generally speaking, it isn’t state law or federal law that prevents your neighbor from opening a hog slaughterhouse in his backyard, or a 10-story apartment building on his vacant lot, or...

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