Instead of pursuing an ordinance to allow special permits for medical marijuana dispensary operations in the county, local business owners learned Thursday that county officials are taking steps to reinforce the current ban.

“The Board of Supervisors is headed in a direction to reinforce a stance that the county does not permit medical marijuana dispensaries,” Leighann Moffitt, principal planner with the Sacramento County Planning Department said Thursday.

A new section of the county zoning code is being proposed that specifically prohibits activity that violates federal or state law in any way.

Moffitt spoke to local business owners as a featured guest at the Arden Arcade Business Council monthly meeting Thursday.

Currently, the lack of a specific permit or zoning provision acts as a ban against dispensaries in the county.

The board considered creating an ordinance that allowed dispensaries to operate within the county, Moffitt said, but that was before the federal government’s recent emphasis on enforcing federal prohibitions against marijuana production, sale and distribution in the states.

Moffitt explained that the Supervisors have had a “change of direction,” and they are no longer pursuing any ordinance to permit or regulate dispensaries in the county.

The proposed ordinance change prohibits “any land use activity or establishment that contravenes either state or federal law or both.”

Moffitt said the new zoning code wording will go before the planning commission and the Board of Supervisors before the end of the year.

“I don’t know where this (issue) is going to go in the long run,” Moffitt said. “At one time, the board was willing to entertain the idea of permitting dispensaries, but that has clearly changed.”

Between local and federal enforcement activities, the number of dispensaries in the county was reduced from an estimated 60 to 13, Moffitt said.

Because dispensaries in the county are operating illegally, county staff previously could only estimate a total number of dispensaries, Moffitt said. Now that code enforcement has escalated, officers have been able to get a more precise count.

The proposed code changes sparked discussion among the audience about the scope of the new zoning code wording.

Burnie Lenau, a 53-year-old landscape architect in Sacramento, said the new ordinance will be too broad and could have unintended consequences.

“(The county’s) goal is to go after a selective fish,” Lenau said, “yet they’re casting this big net that is going to get a lot of different land uses encumbered by it.”

Lenau said he’s concerned about the status of medical marijuana dispensaries in the county because of the potential liability issues created from the use of medical marijuana.

“As an employer, do I want someone under that influence driving heavy machinery or driving a company vehicle?” he said. “That’s a real liability consideration for an employer.”

Lenau said he’s following the issue closely because county planning, zoning and business regulations are all issues that small business owners won’t know about unless they are really paying attention.

“I have to be engaged in (government process),” he said. “Right, wrong or indifferent, all these things affect my daily life as a business owner.”

Other concerns voiced by members of the business group related to potential legal action against landlords who rent space to medical marijuana dispensaries.

“There are conflicting state and federal laws on various things that the property owners have to deal with. If someone says, ‘You’re in violation, so you’re out of business...’ not every federal law has precedent over state law,” said Timothy Cahill, attorney and president of the Charles C. Bell, Inc. law firm.

“One of the threats that the federal government uses – a very real threat – is the possibility of forfeiting property,” Cahill said.

“Under Federal law, if something is considered contraband or if contraband is used in the process of business, (the federal government) can go ahead and take property,” Cahill said. “That’s a very serious threat to property owners.”

Moffitt said there have been some actions against property owners at the county level, but no property seizures.

“The overall objective is to close down illegal dispensaries, not to harm landlords,” Moffitt said.

Moffitt said the proposed ordinance changes will go to the Planning Commission Nov. 28 for discussion. If approved, the changes will move forward to the Board of Supervisors for approval in December.

The county Board of Supervisors regularly meets at 9:30 a.m. Tuesdays at the County Administration Building, 700 H St.

Melissa Corker is a Staff Reporter for The Sacramento Press. Follow her on Twitter @MelissaCorker.