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The Butte County Board of Supervisors moved forward on a more restrictive medical marijuana cultivation ordinance on Tuesday. (Bill Husa/Staff File Photo)

OROVILLE -- Tuesday, the Butte County Board of Supervisors unanimously moved forward on a more restrictive medical marijuana cultivation ordinance, but almost nobody expects the new rules to go into effect anytime soon.

Earlier this month, the supervisors tentatively approved amendments to the existing cultivation ordinance that many speakers Tuesday claimed would make it impossible to grow their "medicine."

The proposed new rules put no limits on the number of plants that can be grown on a parcel, based on the acreage of the land. Instead, the new proposal limits the size of the garden.

  • For parcels larger than a half-acre and less than five acres, only 50 square feet of cultivation space is allowed. Setbacks are required to be 50 feet from the nearest property lines, and the growers must have at least one medical marijuana recommendation.

  • Lots greater than five acres but less than 10 acres are limited to 100 square feet of cultivation space. The setbacks must be 75 feet, and the gardens must have at least two recommendations.

  • Finally, on plots of more than 10 acres, the maximum cultivation area is limited to 150 square feet, no matter how large the lot is. The setback has to be 150 feet and the grower must have not less than three recommendations.

    The plants also must not extend over the square-foot limits of the garden. The plants have to be grown as if they were enclosed in "glass walls" bordering the garden.

    The existing rules don't change for lots smaller than a half-acre. There marijuana can only be grown indoors in a free-standing 120-square-foot building that meets state construction codes.

    Tuesday, numerous individuals said the amendments were too restrictive and would prevent sick people from growing the cannabis they need.

    Others speakers, including Andrew Merkel, a longtime medical marijuana advocate — who is also challenging Chico Supervisor Larry Wahl for the 2nd District supervisorial seat — told the panel Tuesday's vote was meaningless.

    Medical marijuana supporters have vowed to stage a petition drive to put a referendum on the November ballot to rescind the new rules.

    If the petition drive is successful, even if the rules are finally adopted at the board's Feb. 11 meeting, the new rules would be suspended until the November vote. The current cultivation ordinance would remain in place while the new rules were on hold. If the referendum won, the old rules would continue to remain in place.

    "Go ahead and do it. We are going to referend you," said Merkel.

    Chico Supervisor Maureen Kirk, who made the motion to move ahead with the restrictions, said, "I know we are probably facing a referendum. We will see what the voters want."

    Supervisor Steve Lambert, who lives on a ranch west of Oroville, has previously said he would welcome a public vote that would truly settle the marijuana cultivation issue in the county.

    Tuesday, Lambert urged both supporters and opponents of the restrictions to be fully involved and not let one side dominate the debate.

    Supervisor Bill Connelly of Oroville said he wants the issue settled.

    "It is the only issue I have ever been called corrupt on both sides," said Connelly. He said he is a "very honest" person and the accusation offends him.

    He said whatever the voters decide, "I will not do one single thing" to change.

    The existing ordinance and the proposed amendments can be found by going to the county's website at and then follow the links.
