Sutter County planning commission recommends countywide ban on industrial hemp cultivation

Sutter County Planning Commission on an unspecified date voted to recommend that the Board of Supervisors adopt an ordinance that would prohibit the cultivation of industrial hemp in the county’s unincorporated areas.

County senior planner Casey Murray told commissioners the proposed ordinance would amend Chapter 4.12 of the county code to make cultivation, processing and storage of industrial hemp unlawful in all locations, indoor or outdoor. Murray said the proposal responds to recurring enforcement and nuisance problems, including nearly 200 sheriff’s service calls related to industrial hemp since 2019 and records from the agricultural department that showed more than 500 acres and about 30 greenhouses of cultivated crop either exceeded allowable THC levels or were destroyed or disappeared in violation of county rules.

"This item is a recommendation to the board to adopt a proposed ordinance to amend chapter 4.12 of the county code in order to prohibit the cultivation of industrial hemp in the county," Murray said.

Murray noted that the board previously adopted a series of actions on hemp: an ordinance adopted in April 2021 that allowed limited cultivation with annual licenses, an interim urgency moratorium adopted in December 2024, an extension into December 2025, and a subsequent April 2025 ordinance that attempted to allow limited cultivation under stricter standards. Murray told the commission that since 04/29/2025 two cultivation licenses were issued and both incidents resulted in law-enforcement actions, including seizures and destruction of product.

Lisa Herbert, Sutter County agricultural commissioner, told the commission that the county has seen persistent problems in recent years. "Almost a 100% have had issues since 2019," Herbert said, describing the scope of enforcement and compliance concerns the department has tracked.

Commissioners asked staff to clarify whether the enforcement problems were tied to permitted growers or to illicit activity. County counsel William Vanisack explained the federal farm bill changes and a 365-day delay before some federal changes take effect, noting an effective date he understood to be 11/12/2026 for the federal implementation referenced in the discussion.

Two letters in the record supported curtailing hemp operations countywide; no public speakers opposed the proposal during the hearing. The planning commission made a motion consistent with the staff recommendation and approved the recommendation to forward the ordinance to the Board of Supervisors.

The staff report says the ordinance is planned for introduction at the Board meeting on 12/09/2025, followed by a public hearing and adoption at the Board meeting on 12/16/2025; the ordinance would become effective 30 days after adoption (staff indicated an effective date of 01/15/2026). Staff also stated the proposed ordinance is covered under a common-sense CEQA exemption.

The planning commission’s recommendation now advances to the Board of Supervisors for consideration and any final action.