HomeMy WebLinkAboutMinutes - October 16, 2012 SSLODI CITY COUNCIL
SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, OCTOBER 16, 2012
A. Roll Call by City Clerk
An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held
Tuesday, October 16, 2012, commencing at 7:00 a.m.
Present: Council Member Hansen, Council Member Johnson, Council Member Katzakian,
Mayor Pro Tempore Nakanishi, and Mayor Mounce
Absent: None
Also Present: City Manager Bartlam, City Attorney Schwabauer, and City Clerk Johl
B. Topic(s)
B-1 Receive Information and Discuss Options for Regulating the Cultivation of Medical
Marijuana in the City of Lodi (CA)
City Manager Rad Bartlam briefly introduced the subject matter of regulating the cultivation of
medical marijuana in the City.
Deputy City Attorney Janice Magdich provided a PowerPoint presentation regarding the options
for regulating the cultivation of medical marijuana in the City of Lodi. Specific topics of discussion
included application of the Lodi Municipal Code, federal law governing marijuana, California's
medical marijuana laws, Compassionate Use Act (CUA), limitations of the CUA, purpose of the
Medical Marijuana Program Act (MMPA), California Attorney General's guidelines for medical
use, qualified patients, primary caregivers, cultivation of medical marijuana under California law,
adverse impacts associated with cultivation, survey results, regulatory alternatives, impacts of a
ban on cultivation of medical marijuana, and options associated with the same.
In response to Council Member Hansen, Ms. Magdich stated serious illness is defined under the
statute and there is a catch-all phrase for almost any medical condition that a doctor believes can
be helped by the use of marijuana.
In response to Mayor Pro Tempore Nakanishi, Mr. Bartlam stated some jurisdictions do have a
24-hour notice requirement for inspections, which is not the case right now for the City of Lodi
because there are no inspections occurring currently.
A brief discussion ensued between Mayor Pro Tempore Nakanishi, Mr. Bartlam, Ms. Magdich,
and City Attorney Schwabauer regarding the current cultivation in and around the City through
caregivers and cooperatives, statutory prohibition against limiting the number of plants that can
be cultivated, and the legislative body's ability to use its police power to limit the number of plants
in a particular area based on health and safety concerns.
In response to Council Member Johnson, Ms. Magdich stated there is a pending lawsuit from
Fresno County on the complete cultivation ban and California NORML is seeking plaintiffs for a
variety of medical marijuana restriction cases.
In response to Mayor Pro Tempore Nakanishi, Ms. Magdich stated there are currently two cases
in the California Supreme Court pertaining to dispensary bans and one case in the Court of
Appeals on a cultivation ban.
Continued October 16, 2012
In response to Council Member Hansen, Ms. Magdich stated the City Council previously deferred
the discussion on cultivation when it was considering the ban on medical marijuana dispensaries.
Mr. Schwabauer provided an overview of the Kelly case, stating a criminal case could be
prosecuted for overgrowth on a case-by-case basis if an individual were growing more than what
was reasonably necessary for medical purposes.
In response to Council Member Johnson, Police Chief Helms stated the department has had
hundreds of cases over the last two years involving marijuana in one way or another, dozens of
those cases involved medical marijuana, and several of those cases were also tied to other drugs
and crimes such as burglary.
In response to Mayor Mounce, Sergeant Sierra Brucia stated from a law enforcement and officer
perspective he preferred an outright ban, similar to the City of Tracy, based on the connection
to other drug use, related crimes such as burglary, and limited police resources including staff
time, which needs to be focused on more pressing concerns such as gangs. Mr. Bartlam stated
the concerns apply to commercial and residential areas alike and the primary difference is the
working environment instead of the living environment. Police Chief Helms stated he supports a
ban from the law enforcement perspective, but understands the legal perspective which may
necessitate some cultivation, and therefore would prefer a simple and easy -to -enforce ordinance
if that is the direction.
In response to Mayor Mounce, Mr. Schwabauer stated there are some enforcement options
through the nuisance abatement process that could apply to the option allowing cultivation
without sight, smell, or other detection.
In response to Council Member Johnson, Electric Utility Director Elizabeth Kirkley stated there is
an ability to track unusually high energy use. Sergeant Brucia confirmed electric usage
monitoring is currently used as a tool to detect cultivation.
In response to Council Member Johnson, Mr. Schwabauer stated the City Attorney's office would
prosecute medical marijuana ordinance violations and the penalties would similarly by controlled
by the City. Chief Helms confirmed that the District Attorney continues to prosecute illegal
marijuana cases.
City Manager Bartlam confirmed with the City Council the general direction to draft an ordinance
permitting the cultivation of medical marijuana under a narrow set of circumstances whereby the
rights of the qualified patient are balanced with the rights of neighbors. Mayor Pro Tempore
Nakanishi stated he would also like to see an ordinance banning cultivation like the City of Tracy.
Wilma Bianchi spoke in support of a ban on cultivation or cultivation under a narrow set of
circumstances based on her experience as a neighbor to an individual cultivating medical
marijuana and the challenges associated with smell, sight, and crime. In response to Council
Member Johnson and Mayor Mounce, Mr. Schwabauer stated he will research options, including
a temporary moratorium, in an effort to provide immediate relief pending the final decision of the
City Council on a cultivation ordinance.
Ed Miller spoke in support of a complete ban on cultivation based on his son's personal
experience with drugs and the quality of life rights of neighbors and non-users.
Christine Albreight spoke in support of a ban or cultivation under limited circumstances based on
the comments provided by Wilma Bianchi above.
In response to Mayor Mounce, Mr. Bartlam stated a temporary moratorium ban could be
considered by the City Council at the next meeting on November 7, 2012.
N
Continued October 16, 2012
None.
Comments by Public on Non -Agenda Items
Adjournment
No action was taken by the City Council. The meeting was adjourned at 8:45 a.m.
ATTEST:
Randi Johl
City Clerk
AGENDA ITEM
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Receive Information and Discuss Options for Regulating the Cultivation of Medical
Marijuana in the City of Lodi.
MEETING DATE: October 16, 2012 - Shirtsleeve
PREPARED BY: Deputy City Attorney
RECOMMENDED ACTION: Receive information and discuss options for regulating the
cultivation of medical marijuana in the City of Lodi.
BACKGROUND INFORMATION: Under both state and federal law, it is illegal to possess, distribute,
or cultivate marijuana.
The Controlled Substance Act (CSA) was enacted in 1970 as part of the federal government's 'war on
drugs'. Congress placed marijuana in Schedule I of the CSA. Under the CSA, it is illegal to manufacture,
distribute or possess marijuana (21 U.S.C. §841 and §844). It is also illegal under the CSA to maintain
any place for the purpose of manufacturing, distributing, or using any controlled substance, including
marijuana (21 U.S.C.§856(a)(1)).
In 1996 California voters approved Proposition 215, known as the Compassionate Use Act (CUA), which
provides that certain state law criminal provisions relating to the possession and cultivation of marijuana
"shall not apply to a patient, or a patient's primary caregiver, who possesses or cultivates marijuana for
the personal medical purposes of the patient upon the written or oral recommendation or approval of a
physician." (Health & Safety Code §11362.5(d).) With the exception of possession and cultivation, the
CUA did not change state criminal prohibitions concerning the transportation, possession for sale, or sale
of marijuana.
In 2003, the state legislature enacted the Medical Marijuana Program Act (MMPA) to: (1) clarify the
scope of the CUA, facilitate the prompt identification of qualified patients and their designated primary
caregivers in order to avoid their unnecessary arrest and prosecution, and provide guidance to law
enforcement; (2) to promote uniform and consistent application of the CUA; and (3) to enhance the
access of patients and caregivers to medical marijuana through collective, cooperative cultivation
projects. (Health & Safety Code §§11362.7 —11362.83.)
The MMPA expressly immunizes from criminal liability qualified patients, persons with identification
cards, and primary caregivers who transport or process marijuana for the personal medical use of a
qualified patient or person with an identification card (Health & Safety Code §11362.765(b)(1) and
§11362.765(b)(2). The MMPA also created an affirmative defense to criminal liability for qualified
patients, persons with identification cards, and primary caregivers who collectively or cooperatively
cultivate marijuana (Health & Safety Code §11362.775).
Notwithstanding California law, marijuana, even if cultivated and used for medical purposes, remains a
Schedule I drug under the CSA and is illegal under federal law. The U.S. Department of Justice has
taken the position that although it will not focus its limited resources on seriously ill individuals who use
APPROVED:
Bartlam, City
marijuana as part of a medically recommended treatment regimen in compliance with state law, it will
enforce the CSA against individuals and organizations that participate in unlawful cultivation,
manufacturing and distribution activities involving marijuana, even if permitted under state law.
In response to numerous requests from individuals seeking to establish store front medical marijuana
dispensaries, the Council, under its land use and police power, enacted a moratorium in order for staff to
research regulatory options. The moratorium was codified on March 2, 2011, when the Council adopted
an ordinance banning the establishment and operation of medical marijuana dispensaries, including
collectives and cooperatives, within the City of Lodi. (Lodi Municipal Code, Chapter 9.30.)
Recently, complaints have been received concerning the nuisance impacts associated with the outdoor
cultivation of medical marijuana in residentially zoned areas. The primary nuisance impact of outdoor
cultivation is the strong odor associated with mature marijuana plants. Also, citizens have raised
concerns about the proximity of children to areas under cultivation, visibility of grows from the public right-
of-way, and an increase in neighborhood crime resulting from the theft of marijuana plants from porches
and backyards, in addition to measures taken by growers to protect their plants, primarily the installation
of barbed wire fencing and guard dogs.
In the last five years approximately 40 cities and 25 counties in California have adopted ordinances
regulating the cultivation of medical marijuana within their jurisdictions. Staff has reviewed many of these
ordinances and the following summarizes the approaches to the cultivation of medical marijuana taken by
cities within San Joaquin County, as well as cities in surrounding jurisdictions.
City of Tracy: Cultivation of medical marijuana is not allowed as a principal use, conditional use, special
use, or accessory use in any zone within the City of Tracy. (Ord. No. 1170, adopted 6/19/2012.)
City of Ripon: In 2006 the City of Ripon adopted an ordinance allowing the cultivation of medical
marijuana in secured, locked, and fully enclosed structures not visible to the public domain, and the
collective cultivation of medical marijuana in non-residential districts. Outdoor cultivation is not permitted
in the city. The ordinance also limits the number of plants that can be grown in accordance with Health &
Safety Code §11362.77 for patient cultivation; and collective cultivation at 99 plants, whether mature or
immature. The Manteca ordinance is one of the few ordinances to address the cultivation of medical
marijuana by collectives or cooperatives. Collective cultivation is prohibited within any residential district
or within 1000 feet of residential districts. In addition, collectives are subject to additional requirements,
including registering with the Ripon Chief of Police, identifying all participating qualified patients and
caregivers, providing a description of the proposed cultivation process, a diagram of the property,
including location of the proposed area of cultivation and distance from property lines, and the number of
plants to be grown. Any violation of the ordinance is declared a public nuisance and subject to summary
abatement under Civil Code 731 and is subject to misdemeanor criminal penalties.
Cities of Stockton and Lathrop: Do not have ordinances which specifically address the cultivation of
medical marijuana.
City of Manteca: Allows the cultivation of medical marijuana in secured enclosed structures, not visible
from the public right-of-way, by qualified patients and caregivers (as defined in the Health & Safety
Code). The structures must be fully enclosed by solid walls, a ceiling, roof or top. Also limits the number
of plants that can be cultivated to six mature or twelve immature plants, or as otherwise recommended by
a doctor in accordance with Health & Safety Code §11362.77. Cultivation by collectives or cooperatives
is prohibited in all residential districts within the city or within 1000 feet of any residential district, school,
recreation center, or youth center. In addition, collectives and cooperatives are subject to additional
requirements, including registering with the Manteca Chief of Police, identifying all participating qualified
patients and caregivers, providing a description of the proposed cultivation process, and diagram of the
property, including location of the proposed area of cultivation and distance from property lines. As with
the City of Ripon, violations of the ordinance are declared a public nuisance subject to summary
abatement and misdemeanor criminal penalties.
City of Escalon: The City of Escalon bans medical marijuana dispensaries, but its municipal code does
not address the cultivation of medical marijuana.
City of Modesto: Cultivation of marijuana is banned, unless the cultivating is by a primary caregiver as
defined in the Health and Safety Code or by a qualified patient and complies strictly with Health and
Safety Code §11362.5.
City of Elk Grove: The City of Elk Grove adopted an ordinance (effective March 23, 2012) banning the
cultivation of medical marijuana in all agricultural (except agricultural -residential), commercial, office,
industrial, open space, special purpose, and overlay/combining zoning districts. In addition, the
ordinance bans outdoor or greenhouse .cultivation in residential zones, but allows for cultivation inside a
residence or in a detached structure (within residential zones) with a city issued marijuana cultivation
permit, and if the property is not owner occupied, the written permission of the property owner. Only
qualified patients and primary caregivers may engage in the cultivation of medical marijuana. In addition
to complying with the city's building code, detached structures must be fully enclosed, have a complete
roof, minimal wall thickness, and be secured against unauthorized entry through one locked door. The
ordinance limits the grow area of the detached structure to no more than 120 square feet and requires
the yard to be enclosed with a 6 -foot high fence. Inside a residence, medical marijuana can be grown in
an area of no more than 50 -square feet, excluding the bathroom, kitchen, or bedrooms used for sleeping
purposes. Grow lights cannot exceed 1200 watts and must comply with building, electrical and fire
codes. The gas products (CO2, butane, propane, and natural gas), as well as generators are prohibited
for use in cultivation and processing. Cultivation is not permitted within 1,000 feet of any school, child
care center or public park, and the growing area must not be accessible to anyone 17 years of age or
younger. A ventilation and filtration system is required to be installed and must be approved by the city's
building official. In addition, a mechanical or electronic security system must be installed and approved
by the city building official and police chief. Any violation of the ordinance is declared a public nuisance
and subject to abatement.
Cities of Willits Ukiah (Mendocino County) and Gridley (Butte County): The cities of Willits, Ukiah and
Gridely require cultivation of medical marijuana to take place only within a fully enclosed and secure
structure, which may or may not be the residence of a qualified patient (as defined in the CUA) for
personal use. Qualified structures are defined as having a permanent foundation, a complete roof, a
minimal wall thickness and being accessible only through one or more locked doors. The use of indoor
grow lights or air filtration systems must comply with all applicable building, electrical and fire codes. The
Willits ordinance also requires that the structure be adequately sealed to significantly reduce the
emission of odor associated with mature marijuana plants; and limits the number of plants which may be
cultivated at one time to six. Ukiah and Gridley limit the number to 24 immature plants and 12 mature
plants.
City of Chico (Butte County): Chico allows the outdoor, residential cultivation of 50 square feet per parcel
by qualified patients or caregivers. Plants must be enclosed, screened and five feet from the property
line. Indoor cultivation is also allowed in residential zones with written permission of the property owner,
but the area used for cultivation must not exceed 50 square feet and grow lights cannot exceed 1200
watts. Any violation of the ordinance is declared a public nuisance and subject to abatement.
City of Sacramento: The Sacramento city council will meet on October 16, 2012, to consider the city
manager's recommendation that an ordinance be drafted prohibiting the outdoor cultivation of medical
marijuana in residential areas.
The foregoing ordinances provide a good overview of the various ways municipalities have sought to
balance the rights of medical marijuana patients against the public nuisance and crime related concerns
that are presented by the residential cultivation of medical marijuana.
Options for council to consider are:
Take no action regarding local regulation of medical marijuana. This would result in the Police
Department and Code Enforcement continuing to address complaints on a case by case
basis.
2. Prohibit the cultivation of medical marijuana in all zoning areas of the City. Since the law is still
fluid as to whether a complete ban on cultivation violates the rights of qualified medical
marijuana patients and caregivers under the Compassionate Use Act and the Medical
Marijuana Program Act, staff does not recommend this approach.
3. Prohibit all outdoor cultivation within the City.
4. Prohibit outdoor cultivation in all zoning area within the City, but allow indoor cultivation in
residential areas by qualified patients and caregivers under a permitting system, subject to
prescribed building and safety requirements, similar to those adopted by the City of Elk Grove.
Consideration could also be given to limiting the number of mature and immature plants that
could be under cultivation at one time.
5. Prohibit outdoor cultivation in all zoning areas, but allow indoor cultivation of medical marijuana
by qualified patients and caregivers in residential zones, subject to the area under cultivation
being secured, locked, fully enclosed, and not visible to the public domain; and allow
cultivation by collectives or cooperative in non-residential districts so long as they are not
within 1000 feet of any residential district, school, recreation center, or youth center.
Consideration could also be given to limiting the number of mature and immature plants that
could be under cultivation at one time. This option would be similar to the ordinances adopted
by the cities of Ripon and Manteca.
6. Allow outdoor and indoor cultivation in residential areas by qualified patients and caregivers
subject to restrictions on the size of the area under cultivation. This option would be similar to
the ordinance adopted by the City of Chico.
The above represent a few of the regulatory options available for Council discussion and consideration.
FISCAL IMPACT: None.
FUNDING: None.
nice D agdich
Depu y City Attorney
Attachments: Lodi Municipal Code, Chapter 9.30
Ripon Municipal Code, Chapter 8.24
Manteca Municipal Code, Chapter 8.35
Elk Grove Municipal Code, Chapter 23.83
Willits Municipal Code, Chapter 17.86
Chico Municipal Code, Chapter 19.77
City of Lodi Municipal Code
Chapter 9.30
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Page 1 of 2
Lodi, California, Code of Ordinances >> Title 9 - PUBLIC PEACE MORALS AND WELFARE >> Chapter
9.30 - MEDICAL MARIJUANA DISPENSARIES >>
Chapter 9.30 - MEDICAL MARIJUANA DISPENSARIES
Sections:
9.30.010 - Definitions.
9.30.020 - Establishment and operation of medical marijuana dispensaries prohibited.
9.30.030 - Public nuisance.
9.30.040 - Civil penalties.
9.30.010 - Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. "Medical marijuana" is marijuana authorized in strict compliance with Health and
Safety Code Section 11362.5, et seq.
B. "Medical marijuana dispensary" means any facility or location, whether fixed or
mobile, where medical marijuana is cultivated or by any means made available to,
distributed by, or distributed to two or more of the following: a qualified patient, a
person with an identification card, or a primary caregiver in strict accordance with
Health and Safety Code Sections 11362.5, et seq., and 11362.7, et seq.
A medical marijuana dispensary shall not include the following uses, so long as such uses
comply with this code, Health and Safety Code Section 11362.5 et seq., and other applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety
Code.
2• A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health
and Safety Code.
3. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code.
5. A hospice or a home health agency licensed pursuant to Chapter 8 of Division
2 of the Health and Safety Code.
C. 'Person with an identification card" shall have the meaning as set forth in Health and
Safety Code Section 11.362.7, and as may be amended.
D• 'Primary caregiver" shall have the meaning as set forth in Health and Safety Code
Section 11362.7, and as may be amended.
E. "Qualified patient" shallhave the meaning as set forth in Health and Safety Code
Section 11362.7, and as may be amended.
(Ord. No. 1843, § 1, 3-2-2011)
9.30.020 - Establishment and operation of medical marijuana dispensaries
prohibited.
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Page 2 of 2
No person shall establish, operate, or permit the establishment or operation of a medical
marijuana dispensary in or upon any premises in the city of Lodi.
(Ord. No. 1843, § 1, 3-2-2011)
9.30.030 - Public nuisance.
Any use or condition caused, or permitted to exist, in violation of any provision of this chapter
shall be; and hereby is declared to be a public nuisance and may be summarily abated by the city
pursuant to Code of Civil Procedure Section 731.
(Ord. No. 1843, § 1, 3-2-2011)
9.30.040 - Civil penalties.
In addition to any other enforcement permitted by this chapter, the city attorney may bring a
civil action for injunctive relief and civil penalties pursuant to Chapter 1.10 of this code against any
person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a
court of competent jurisdiction may award reasonable attorneys fees and costs to the prevailing
party.
(Ord. No. 1843, § 1, 3-2-2011)
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City of Ripon Municipal Code
Chapter 8.24
Chapter 8.24
CULTIVATION AND POSSESSION OF
MEDICAL MARIJUANA
Sections:
8.24.010 Findings.
8.24.020
Purpose and Intent.
8.24.030
Definitions.
8.24.040
Cultivation Restrictions.
8.24.050
Primary Caregiver
Restrictions.
8.24.060
Possession Restrictions.
8.24.070
Public Nuisance.
8.24.080
Criminal Penalties.
8.24.090
Civil Injunction.
8.24.100
Administrative remedies.
8.24.110
Judicial Review.
8.24.010 Findings.
The City Council adopts this Chapter based
upon the following findings:
A. The voters of the State of California
approved proposition 215 (codified as California
Health and Safety Code § 11362.5 et seq. and
entitled "The Compassionate Use Act of 1996").
B. The intent of Proposition 215 was to
enable persons who are in need of marijuana for
medical purposes to be able to obtain, and use it
without fear of criminal prosecution under limited,
specified circumstances.
C. The State enacted SB 420 in 2004 to
clarify the scope of the Compassionate Use Act of
1996 and to allow cities and other governing
bodies to adopt and enforce rules and regulations
consistent with SB 420.
D. To protect the public health, safety and
welfare, it is the desire of the City Council to
modify the Ripon Municipal Code consistent with
SB 420, regarding amount of medical marijuana
that may be cultivated and possessed as well as
the locations and manners in which medical
marijuana may be cultivated.
E. It is the City Council's intention that
nothing in this ordinance shall be deemed to
8.24.010
conflict with federal law as contained in the
Controlled Substances Act, 21 U.S.C. §800 et
seq., nor to otherwise permit any activity that
is prohibited under that Act or any other local,
state or federal law, statute, rule or regulation.
F. It is the City Council's intention that
nothing in this ordinance shall be construed to
(1) allow persons to engage in conduct that
endangers others or causes a public nuisance,
(2) allow the use of marijuana for non-medical
purposes, or (3) allow any activity relating to
the cultivation, distribution or consumption of
marijuana that is otherwise illegal.
G. Pursuant to California Health and
Safety Code §11362.71 et seq., the State
Department of Health is responsible for
establishing and maintaining a voluntary
identification card program.
H. California Health and Safety Code
§11362.71(b) requires every county health
department, or its designee, to implement a
procedure to accept and process applications
from those seeking to join the identification
program in the matter set forth in § 11362.71 et
seq.
I. This ordinance is hereby found to be
categorically exempt from environmental
review pursuant to CEQA Guidelines
§15061(b)(3).
J. It is the City Council's intention that
nothing in this chapter shall be construed to
conflict with Ripon Municipal Code §§ 9.10 or
16.111. (Ord. 739 § 1, 2006)
8.24.020 Purpose and Intent
A. It is the purpose and intent of this
chapter to require that marijuana be cultivated
in appropriately secured enclosed structures so
as not to be visible to the public domain, to
provide for the health, safety and welfare of
the public. It is also the purpose and intent of
this chapter to require that collective
cultivation of marijuana be conducted in
non-residential districts to provide for the
health, safety and welfare of the public.
Cultivation and Possession of Medical Marijuana 133 - 4 7/06
B. It is the purpose and intent of this chapter
to limit cultivation and possession of medical
marijuana to those limits established by California
Health & Safety Code § 11362.77.
C. This ordinance, in compliance with
California Health & Safety Code Section 11362,
does not interfere with a patient's right to medical
marijuana, nor does it criminalize the possession
or cultivation of medical marijuana by specifically
defined classifications of persons, pursuant to
state law. (Ord. 739 § 1, 2006)
8.24.030 Definitions
A. Whenever the word "City" is used in this
Chapter, it shall mean the City of Ripon.
B. Whenever the words "qualified patient" are
used in this Chapter, they shall have the same
definition as set forth in California Health and
Safety Code § 113 62.7, and as may be amended.
C. Whenever the words "person with an
identification card" are used in this Chapter, they
shall have the same definition as set forth in
California Health and Safety Code § 11362.7, and
as may be amended.
D. Whenever the words "attending
physician" are used in this Chapter, they shall
have the same definition as set forth in California
Health and Safety Code § 11362.7, and as may be
amended.
E. Whenever the words "primary caregiver"
are used in this Chapter, they shall have the same
definition as set forth in California Health and
Safety Code § 113 62.7, and as may be amended.
F. Whenever the words "Medical .Marijuana
Collective" or "Collective" are used in this
Chapter, they shall mean a location where
marijuana is cultivated collectively by more than
one Qualified Patient, Person with Identification
Card or Primary Caregiver. (Ord. 739 § 1, 2006)
8.24.040 Cultivation Restrictions
A. Only Qualified Patients, Persons with
Identification Cards and Primary Caregivers may
cultivate Medical Marijuana.
B. Secure enclosed structure. The cultivation
of medical marijuana shall at all times occur in a
8.24.020
secure, locked, and fully enclosed structure,
including a ceiling, roof or top. No outdoor
growing shall be permitted within the city.
C. Maximum of twenty-four (24) plants
except where collective cultivation is allowed.
The individual, collective, or cooperative
cultivation of more than twenty-four (24)
marijuana plants, whether mature or immature,
shall occur only in zones where cooperative
cultivation is pennitted.
D. Patient cultivation. For qualified
patients and persons with identification cards,
the following shall apply: each qualified
patient and person with an identification card
may cultivate in any zone six (6) mature or
twelve (12) immature marijuana plants, or as
otherwise recommended by a doctor in
accordance with Section 11362.77, subject to
the limits specified in this section.
E. Primary caregiver cultivation. For
primary caregivers, the following shall apply:
each primary caregiver may cultivate in any
zone six (6) mature or twelve (12) immature
marijuana plants, or as otherwise
recommended by a doctor, for each qualified
patient in accordance with Section 11362.77,
subject to the limits specified in this section
and subject to the medical marijuana
dispensary restrictions in Ripon Municipal
Code § § 9.10 and 16.111.
F. Maximum of ninety-nine (99) plants.
The individual, collective, or cooperative
cultivation of more than ninety-nine (99)
marijuana plants, whether mature or immature,
is a prohibited use in all zones of the City.
G. Collective or cooperative cultivation.
For the collective or cooperative cultivation,
such cultivation shall be prohibited within any
residential districts as defined by Ripon
Municipal Code § 16.16 or within 1000 feet of
such districts. Collective or cooperative
cultivation shall also be subject to the
following additional requirements:
1. Record requirements. The owner or
lessee of the property upon which the
cooperative or collective growing occurs shall
Cultivation and Possession of Medical Marijuana 133 - 5 7/06
provide the following information to the Police
Department in a form and manner approved by
the Police Department: (a) full name, address,
and telephone number(s) of the owner or lessee,
including all alias names used in the previous
ten (10) years; (b) the address where
correspondence is to be mailed; (c) a list of all
qualified patients, persons with identification
cards, and primary caregivers participating in
the cultivation; (d) a copy of all participant
physician recommendations, identification cards,
and primary caregiver evidence; (e) a sketch or
diagram showing the property with the location
of the cultivation and all buildings on the
property, including a statement showing the total
area occupied by the cultivation and the distance
from the property lines; (f) a statement setting
forth the number of plants to be cultivated and
demonstrating that the cultivation does not
exceed the maximums set forth under State law
or this article, namely patient maximums and the
cap of ninety-nine (99) plants; (g) a statement
identifying all persons who will be tending to
the cultivation and describing the cultivation
process; (h) such other information as the Police
Department determines is necessary to ensure
compliance with State law and this article. This
information shall be provided prior to the
commencement of the collective or cooperative
cultivation, except that for existing collective or
cooperative cultivation operations, the
information shall be provided within ten (10)
days of the effective date of the ordinance
codified in this article. The information provided
shall be updated upon any change within ten
(10) days. The Police Department shall keep
patient information confidential to the extent
required by law.
2. No cultivation in conjunction with a
business: No sales of goods or services. The
cultivation shall not occur in conjunction with
any business. No products or services shall be
sold from the property where the cultivation
occurs.
3. Required participation in the cultivation:
No employees. All persons who associate
together for the collective or cooperative
8.24.040
cultivation must participate in the cultivation
and the cultivation must occur solely among
members of the association. No employees,
independent contractors, or other persons may
be utilized for the cultivation.
4. No on-site consumption. No on-site
consumption of medical marijuana shall occur
except by qualified patients or persons with
identification cards who live on the property as
their principal place of residence.
5. Inspections. The collective cultivation
operation shall be open for inspection by any
law enforcement officer or City code
enforcement officer between the hours of 8:00
a.m. and 9:00 p.m. seven (7) days a week, or at
any time upon responding to a call for service
related to the property where the cultivation is
occurring.
6. Violations. In addition to the remedies
provided in this article, if the collective or
cooperative cultivation occurs in violation of
this article or any other local or State law or
regulation, the owner or lessee shall be
prohibited from further collective or cooperative
cultivation at any location within the City for a
period of one year after notice by the City of the
violation. Subsequent violations shall result in a
three (3) year prohibition. (Ord. 739 § 1, 2006)
8.24.050 Primary Caregiver Restrictions
A. As it is reasonable that Primary Caregivers
other than those listed in §11362.7(d)(1) are
unable to consistently assume responsibility for
the housing, health or safety of an unlimited
number of persons, the number of Qualified
Patients or Persons with Identification Cards to
Primary Caregiver is limited to no more than ten
(10) Qualified Patients or Persons with an
Identification Card.
B. The Primary Caregiver must keep a list of
his or her assigned Qualified Patients or Persons
with an Identification Card; such a list must
minimally contain those persons' contact
information, such that it may be immediately
provided to the Chief of Police upon request, for
the purposes of determining the proper legal
Cultivation and Possession of Medical Marijuana 133 - 6 7/06
amounts of cultivated and/or dried marijuana
that may be possessed at the collective. (Ord.
739 §1,2006)
8.24.060 Possession Restrictions
A. Qualified Patients or Person with
Identification Card: A qualified patient or person
with identification card may possess no more
than eight ounces of dried marijuana. If a
qualified patient or Person with identification
card has a doctor's recommendation that this
quantity does not meet the qualified patient's or
person with identification card's medical needs,
the qualified patient or person with identification
card may possess an amount of marijuana
consistent with the patient's needs.
B. Primary Caregiver: A primary caregiver
may possess no more than eight ounces of dried
marijuana per qualified patient. If a qualified
patient has a doctor's recommendation that this
quantity does not meet his or her qualified
patient's medical needs, the primary caregiver
may possess an amount of marijuana consistent
with his or her patient's needs.
C. Medical Marijuana Collective: A
medical marijuana collective may possess no
more than eight ounces of dried marijuana per
qualified patient, person with identification card,
or primary caregiver that is a member of the
collective. If a qualified patient, person with
identification card, or primary caregiver has a
doctor's recommendation that this quantity does
not meet the qualified patient's medical needs,
the medical marijuana collective may possess an
amount ofmarijuana consistent with the patient's
needs.
D. Only the dried mature processed
flowers of female cannabis plant or the plant
conversion shall be considered when
determining allowable quantities of marijuana
under this section. (Ord. 739 § 1, 2006)
8.24.050
8.24.070 Public Nuisance
Any use or condition caused, or permitted to
exist, in violation of any of provision of this
Chapter shall be, and hereby is, declared a
public nuisance and may be summarily abated
by the City pursuant to Section 731 of the
California Code of Civil Procedure. (Ord. 739
§ 1, 2006)
8.24.080 Criminal Penalties
Any person who violates, causes or permits
another person to violate any provision of this
Chapter commits a misdemeanor, and upon
conviction thereof, shall be punished as provided
in Chapter 1.08 of the Ripon Municipal Code.
(Ord. 739 § 1, 2006)
8.24.090 Civil Injunction
The violation of any provision of this Chapter
shall be, and hereby is, declared to be contrary
to the public interest and shall, at the discretion
of City, create a cause of action for injunctive
relief. (Ord. 739 § 1, 2006)
8.24.100 Administrative Remedies
In addition to the civil remedies and criminal
penalties set forth above, any person that
violates the provisions of this Chapter may be
subject to administrative remedies as set forth by
City ordinance. (Ord. 739 § 1, 2006)
8.24.110 Judicial Review
Judicial review of a decision made under this
article may be had by filing a petition for a writ
of mandate with the San Joaquin County
Superior Court in accordance with the
provisions of the California Code of Civil
Procedure Section 1094.5. Any such petition
shall be filed within ninety (90) days after the
day the decision becomes final as provided in
California Code of Civil Procedure Section
1994.6, which shall be applicable for such
actions. (Ord. 739 § 1, 2006)
Cultivation and Possession of Medical Marijuana 133 - 7 7/06
City of Manteca Municipal Code
Chapter 8.35
Chapter 8.35 CULTIVATION AND POSSESSION OF MEDICAL MARIJUANA Page 1 of 5
Manteca Municipal Code
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Title 8 HEALTH AND SAFETY
Chapter 8.35 CULTIVATION AND POSSESSION OF MEDICAL MARIJUANA
8.35.010 Purpose and findings.
A. It is the purpose and intent of this chapter to require that medical marijuana be cultivated in
appropriately secured enclosed structures so as not to be visible to the public domain, to provide for the
health, safety and welfare of the public. It is also the purpose and intent of this chapter to require that
collective cultivation of marijuana be conducted in a manner and location so as to provide for the health,
safety and welfare of the public.
B. It is the purpose and intent of this chapter to limit cultivation and possession of medical marijuana to
those limits established by California Health and Safety Code Section 11362.77.
....................................................
C. It is the purpose and intent of this chapter to ban medical marijuana dispensaries in all areas within the
city of Manteca.
D. This chapter, in compliance with California Health and Safety Code Section 11362, does not interfere
....................................................
with a patient's right to medical marijuana, nor does it criminalize the possession or cultivation of medical
marijuana by specifically defined classifications of persons, pursuant to state law. (Ord. 1461 § 1, 20 10)
8.35.020 Definitions.
The following words and phrases, when used in this chapter, shall be construed as defined in this section, unless
it is apparent from the context that they have a different meaning:
"Attending physician" shall have the same definition as set forth in California Health and Safety Code
....................................................
Section 113 62.7, and as maybe amended.
"Medical marijuana collective," "medical marijuana cooperative," "collective," or "cooperative" shall mean
a location where medical marijuana is cultivated collectively or cooperatively by more than one qualified
patient, person with an identification card or primary caregiver, as described in California Health and
....................................
Safety Code Section 11362.775.
"Medical marijuana dispensary" or "dispensary" means any facility or location, other than for cultivation,
where medical marijuana is made available to and/or distributed by or to two or more of the following: a
primary caregiver, a qualified patient, or a person with an identification card.
"Person with an identification card" shall have the same definition as set forth in California Health and
Safety Code Section 113 62.7, and as may be amended.
"Primary caregiver" shall have the same definition as set forth in California Health and Safety Code
...................................................
Section 11362.7, and as may be amended.
"Qualified patient" shall have the same definition as set forth in California Health and Safety Code Section
11362.7, and as may be amended. (Ord. 1461 § 1, 2010)
8.35.030 Cultivation restrictions.
A. Only qualified patients, persons with identification cards and primary caregivers may cultivate medical
marijuana.
B. Secure Enclosed Structure. The cultivation of medical marijuana shall at all times occur in a secure,
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locked, and fully enclosed structure that includes solid walls, a ceiling, roof or top. No outdoor growing
shall be permitted within the city.
C. Maximum of Twelve Plants Except Where Collective Cultivation is Allowed. Any individual,
collective, or cooperative cultivation of more than twelve marijuana plants, whether mature or immature,
shall occur only in areas where cooperative cultivation is permitted, as defined in subsection G.
D. Patient Cultivation. Each qualified patient or person with an identification card may cultivate up to six
mature or twelve immature marijuana plants, or as otherwise recommended by a doctor in accordance with
Health and Safety Code Section 11362.77, subject to the limits specified in this section.
E. Primary Caregiver Cultivation. Each primary caregiver may cultivate up to six mature or twelve
immature marijuana plants, or as otherwise recommended by a doctor, for each qualified patient in
accordance with Health and Safety Code Sections 11362.7 and 113 62.77, subject to the limits specified in
...................................................
this section.
F. Requirements for Collectives or Cooperatives. A cooperative or collective must file articles of
incorporation with the state and conduct its business for the mutual benefit of its members. No business
may call itself a cooperative or collective unless it is properly organized and registered as such a
corporation under the Corporations or Food and Agriculture Code of California. Cooperatives or collectives
must follow strict rules on organization, articles, elections, and distribution of earnings, and must report
individual transactions from individual members each year. Cooperative or collective corporations are
democratically controlled and are not organized to make a profit for themselves, as such, or for their
members, as such, but primarily for their members as patrons. They must be nonprofit operations. The
cooperative or collective must not purchase marijuana from, or sell to, nonmembers; instead, it must only
provide a means for facilitating or coordinating cultivation projects, including the allocation of costs
between members.
G. Collective or Cooperative Cultivation. For the collective or cooperative cultivation of marijuana, such
cultivation shall be prohibited within any residential districts as defined by the Manteca Municipal Code or
within one thousand feet of any residential district, school, recreation center, or youth center. Collective or
cooperative cultivation shall also be subject to the following additional requirements:
1. Record Requirements. The owner, renter, lessee or person otherwise in charge of the property
upon which the cooperative or collective growing occurs shall provide the following information to
the Manteca police department in a form and manner approved by the chief of police:
a. Full name, address, and telephone number(s) of the owner or lessee, including all alias
names used in the previous ten years;
b. The address where correspondence is to be mailed;
c. A list of all qualified patients, persons with identification cards, and primary caregivers
participating in the cultivation and the contact information of those individuals;
d. A copy of all participant physician recommendations, identification cards, and primary
caregiver evidence;
e. A sketch or diagram showing the property with the location of the cultivation and all
buildings on the property, including a statement showing the total area occupied by the
cultivation and the distance from the property lines;
f. A statement setting forth the number of plants to be cultivated and demonstrating that the
cultivation does not exceed the maximums set forth under state law or this chapter;
g. A statement identifying all persons who will be tending to the cultivation and describing the
cultivation process;
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h. Such other information as the police department determines is necessary to ensure
compliance with state law and this chapter. This information shall be provided prior to the
commencement of the collective or cooperative cultivation, except that for existing collective or
cooperative cultivation operations, the information shall be provided within ten days of the
effective date of the ordinance codified in this chapter. The information provided shall be
updated upon any change within ten days. The police department shall keep patient information
confidential to the extent required by law.
2. The cultivation shall not occur in conjunction with any for profit business. The cultivation shall
only occur in conjunction with a nonprofit business if said business is licensed and use permitted by
the city, incorporated within the state, and not contrary to federal, state or local laws or ordinances.
No profit shall be derived from any collective or cooperative cultivation.
3. No collective or cooperative shall maintain or keep any location or facility for the purpose of
storing, selling, buying, dispensing, trading, processing or for any activity related to medical
marijuana other than cultivation, unless specifically permitted and licensed by the city.
4. All persons who associate together for the collective or cooperative cultivation must participate
in the cultivation and the cultivation must occur solely among members of the association. No
employees, independent contractors, or other persons may be utilized for the cultivation.
5. No on-site consumption of medical marijuana shall occur except by qualified patients or persons
with identification cards who live on the property as their principal place of residence.
No smoking of medical marijuana shall occur:
a. In any place where smoking is prohibited by law;
b. In or within one thousand feet of the grounds of a school, recreation center, or youth center,
unless the medical use occurs within a residence;
c. On a school bus;
d. While in a motor vehicle that is being operated;
While operating a boat.
7. Excess Quantities. Any quantities of marijuana that are cultivated, collected or possessed beyond
the limits set forth in this chapter are considered contraband and shall be immediately released to the
Manteca police department for destruction.
8. Inspections. The collective cultivation operation shall be open for inspection by any law
enforcement officer or city code enforcement officer between the hours of eight a.m. and nine p.m.
seven days a week, or at any time upon responding to a call for service related to the property where
the cultivation is occurring.
9. Violations. In addition to the remedies provided in this chapter, if the collective or cooperative
cultivation occurs in violation of this chapter or any other local or state law or regulation, the owner or
lessee shall be prohibited from further collective or cooperative cultivation at any location within the
city for a period of one year after notice by the city of the violation. Subsequent violations shall result
in a three year prohibition. (Ord. 1461 § 1, 20 10)
8.35.040 Primary, caregiver restrictions.
A. As it is reasonable that primary caregivers other than those listed in Health..and Safety Code Section
-..............................................
11362.7(d)(1) are unable to consistently assume responsibility for the housing, health or safety of an
unlimited number of persons, the number of qualified patients or persons with identification cards
associated with a single primary caregiver shall be restricted as follows. A primary caregiver may not have
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more qualified patients or persons with an identification card than the primary caregiver can reasonably
assume responsibility for the housing, health, or safety of that patient or person on a consistent basis, taking
into consideration the primary caregiver's health, employment responsibilities, familial responsibilities,
income, resources, and any other relevant factor pertaining to their situation and circumstances of life.
1. If a primary caregiver is designated by more than one qualified patient or person with an
identification card then every qualified patient or person with an identification card must reside in the
same city or county as the primary caregiver.
2. A primary caregiver may be designated by a qualified patient or person with an identification
card who resides in a city or county other than that of the primary caregiver only if the primary
caregiver has not been designated as a primary caregiver by any other qualified patient or person with
an identification card.
B. To be a primary caregiver, an individual must show that he or she: (1) consistently provided
caregiving, (2) independent of any assistance in taking medical marijuana, (3) at or before the time he or
she assumed responsibility for assisting with medical marijuana. A person does not qualify as a primary
caregiver merely by having a patient designate him or her as such or by the provision of medical marijuana
itself. The person must show a caretaking relationship directed at the core survival needs of a seriously ill
patient, not just one single pharmaceutical need.
C. The primary caregiver must keep a list of his or her assigned qualified patients or persons with an
identification card; such a list must minimally contain those persons' contact information, such that it may
be immediately provided to the chief of police or designee upon request, for the purposes of determining
the proper legal amounts of cultivated and/or dried marijuana that may be possessed. (Ord. 1461 § 1, 20 10)
8.35.050 Possession restrictions.
A. Qualified Patients or Person with. Identification Card. A qualified patient or person with identification
card may possess no more than eight ounces of dried marijuana. If a qualified patient or person with
identification card has a doctor's recommendation that this quantity does not meet the qualified patient's or
person with identification card's medical needs, the qualified patient or person with identification card may
possess an amount of marijuana consistent with the patient's needs (Health and Safety Code, Section
11362.77).
B. Primary Caregiver. A primary caregiver may possess no more than eight ounces of dried marijuana
per qualified patient assigned to them. If a qualified patient has a doctor's recommendation that this
quantity does not meet his or her qualified patient's medical needs, the primary caregiver may possess an
amount of marijuana consistent with his or her patient's needs (Health and Safety Code, Section 11362.77).
C. Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be
considered when determining allowable quantities of marijuana under this section (Health and Safety Code,
Section 11362.77). (Ord. 1461 § 1, 2010)
8.35..060 Dispensary_ ban. _
It is unlawful and a misdemeanor for any person to engage in, conduct or carry on, or to permit to be engaged in,
conducted or carried on, in or upon any premises in the city of Manteca, the operation of a medical marijuana
dispensary. (Ord. 1461 § 1, 2010)
8.35.070 Public nuisance.
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Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and
hereby is, declared a public nuisance and may be summarily abated by the city pursuant to Section 731 of the
California Code of Civil Procedure. (Ord. 1461 § 1, 20 10)
...........................................................................
8.35_080 Criminal penalties„
Any person who violates, causes or permits another person to violate any provision of this chapter is guilty of a
misdemeanor. (Ord. 1461 § 1, 2010)
8.35.090 Safetv violation enforcement and fines.
A. Any violation of this chapter may result in any or all of the following actions and/or fines:
1. A misdemeanor punishable by either six months in jail and/or a fine not to exceed one thousand
dollars;
2. Institution of a civil action by the city attorney, or designee, as set forth in Chapter 1.10;
3. Issuance of administrative citation(s) and/or an order to abate the safety violation(s) with a fine
up to five hundred dollars, plus any administrative expenses incurred in the enforcement of this
chapter.
B. Each day a safety violation(s) occurs shall be deemed a new violation subject to additional citations,
penalties, and fines.
C. Violations of any section of this chapter may be filed as an infraction or a misdemeanor at the
discretion of the city attorney. (Ord. 1461 § 1, 2010)
8.35.100 Civil
A. In addition to the enforcement and fines described herein, the city attorney may bring a civil action for
injunctive relief and civil penalties pursuant to Chapter 1.10 of the Manteca Municipal Code against any
owner who violates this chapter. In any civil action brought pursuant to this chapter, the court may award
reasonable attorneys' fees and costs to the prevailing party.
B. The city may pursue any other legal remedy to enforce or collect any fines or amounts owed as set
forth herein. (Ord. 1461 § 1, 2010)
8.35.110 Right to a hearing.
�
A. The cited entity may appeal administrative citations issued pursuant to this chapter, pursuant to the
procedures set forth in Chapter.] .10 of this code.
B. The hearing shall be scheduled and conducted pursuant to Chapter 1. 1.0. of the Manteca Municipal
Code. (Ord. 1461 § 1, 2010)
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City of Elk Grove Municipal Code
Chapter 23.83
Page 1 of 6
(47 hits)
Chapter 23.83
MARIJUANA CULTIVATION
Sections:
23.83.010 Purpose and intent.
23.83.020 Definitions.
23.83.030 Cultivation of medical marijuana.
23.83.040 Cultivation permit.
23.83.050 Enforcement.
23.83.060 Appeals.
23.83.010 Purpose and intent.
It is the purpose and intent of this chapter to require that medical marijuana be cultivated only
in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the
general public, to provide for the health, safety and welfare of the public, to prevent odor
created by marijuana plants from impacting adjacent properties, and to ensure that marijuana
grown for medical purposes remains secure and does not find its way to nonpatients or illicit
markets. Nothing in this chapter is intended to impair any viable legal defense available to a
person using or in possession of medical marijuana pursuant to the Compassionate Use Act
(Health and Safety Code Section 11362.5) or the Medical Marijuana Program Act (Health and
Safety Code Section 11362.7 et seq.) Nothing in this chapter is intended to authorize the
cultivation, possession, or use of marijuana for nonmedical purposes in violation of State or
Federal law. [Ord. 3-2012 §2(Exh. A), eff. 3-23-2012]
23.83.020 Definitions.
For the purposes of this chapter, the following definitions shall apply, unless the context clearly
indicates otherwise. If a word is not defined in this chapter, the common and ordinary meaning
of the word shall apply.
A. Reserved for future use.
B. "B" Definitions.
1. "Bedroom" means a room inside a residential building being utilized by any person for
sleeping purposes.
C. "C" Definitions.
1. "Child care center" means any licensed child care center, daycare center, or child care
home, or any preschool.
2. "Cultivation" means the planting, growing, harvesting, drying, or processing of
marijuana plants or any part thereof for medical use consistent with the Compassionate
Use Act (Section 11362.5 of the Health and Safety Code) or the Medical Marijuana
Program Act (Section 11362.7 et seq. of the Health and Safety Code).
D. "D" Definitions.
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1. "Detached, fully enclosed and secure structure" means a building completely detached
from a residence that complies with the Elk Grove building code and has a complete roof
enclosure supported by connecting walls extending from the ground to the roof, a
foundation, slab or equivalent base to which the floor is secured by bolts or similar
attachments, is secure against unauthorized entry, and is accessible only through one (1)
or more lockable doors. Walls and roofs must be constructed of solid materials that
cannot be easily broken through, such as two-inch by four -inch (2" x 4") or thicker studs
overlaid with three-eighths (3/8") inch or thicker plywood or the equivalent. Exterior walls
must be constructed with nontransparent material. Plastic sheeting, regardless of gauge,
or similar products do not satisfy this requirement.
E. Reserved for future use.
F. Reserved for future use.
G. Reserved for future use.
H. Reserved for future use.
I. "1" Definitions.
1. "Indoors" means within a fully enclosed and secure building.
J. Reserved for future use.
K. Reserved for future use.
L. "L" Definitions.
1. "Legal parcel' means any parcel of real property that may be separately sold in
compliance with the Subdivision Map Act (Sections 66410 et seq. of the Government
Code).
M. Reserved for future use.
N. Reserved for future use.
O. "O" Definitions.
1. "Outdoor" means any location within the City that is not within a fully enclosed and
secure structure.
P. "P" Definitions.
1. "Premises" means a single, legal parcel of property. Where contiguous legal parcels
are under common ownership or control, such contiguous legal parcels shall constitute a
single "premises" for purposes of this chapter.
2. "Primary caregiver" means a "primary caregiver" as defined in Section 11362.7(d) of
the Health and Safety Code.
Q. "Q" Definitions.
1. "Qualified patient' means a "qualified patient' as defined in Section 11362.7(f) of the
Health and Safety Code.
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R. "R" Definitions.
1. "Rear yard" means the rear open space portion of any premises, whether fenced or
unfenced.
2. "Residential structure" means any building or portion thereof legally existing which
contains living facilities, including provisions for sleeping, eating, cooking and sanitation
on a premises or legal parcel located within a residential or agricultural -residential zoning
district.
S. "S" Definitions.
1. "School' means an institution of learning for persons under twenty-one (21) years of
age, whether public or private, offering regular course of instruction including, without
limitation, a kindergarten, elementary school, middle or junior high school, or senior high
school.
2. "Solid fence" means a fence constructed of substantial material (such as wood) that
prevents viewing the contents from one side to the other.
T. Reserved for future use.
U. Reserved for future use.
V. Reserved for future use.
W. Reserved for future use.
X. Reserved for future use.
Y. Reserved for future use.
Z. Reserved for future use. [Ord. 3-2012 §2(Exh. A), eff. 3-23-2012]
23.83.030 Cultivation of medical marijuana.
The following regulations shall apply to the cultivation of medical marijuana within the City.
A. No person other than a qualified patient or primary caregiver may engage in cultivation of
medical marijuana. It is hereby declared to be unlawful and a public nuisance for any person or
persons owning, leasing, occupying, or having charge or possession of any legal parcel or
premises within any zoning district in the City to cultivate medical marijuana except as provided
for in this chapter.
B. Residency Requirement. Either a qualified patient or primary caregiver shall reside full-time
on the premises where the marijuana cultivation occurs.
C. Outdoor Cultivation. It is unlawful and a public nuisance for any person owning, leasing,
occupying, or having charge or possession of any legal parcel or premises within any zoning
district in the City to cause or allow such parcel or premises to be used for the outdoor
cultivation of marijuana plants.
D. Residential Structure Cultivation. It is unlawful and a public nuisance for any person to
cultivate medical marijuana inside any residential structure or building without a medical
marijuana cultivation permit issued by the City Chief of Police or his or her designee, as
provided herein.
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E. Cultivation in Nonresidential Zones. Cultivation of medical marijuana is prohibited in all
agricultural (except agricultural -residential), commercial, office, industrial, open space, special
purpose, and overlay/combining zoning districts.
F. Proximity to Schools, Child Care Centers, and Parks. It is unlawful and a public nuisance to
cultivate medical marijuana on any legal parcel or premises within one thousand (1,000' 00")
feet of any school, child care center, or public park. The one thousand (1,000'00") feet shall be
measured from the closest property line of the school, child care center, or park to the closest
property line of the cultivation parcel.
G. Cultivation Area. It is hereby declared to be unlawful and a public nuisance for any person
or persons owning, leasing, occupying, or having charge or possession of any legal parcel or
premises within any zoning district in the City to cultivate medical marijuana, within a detached
structure greater than one hundred twenty (120 ft2) square feet in size.
H. Indoor Cultivation in Residential Zones. The indoor cultivation of medical marijuana in a
residential zone shall only be conducted within a detached, fully enclosed and secure structure
no greater than one hundred twenty (120 ft) square feet in size or within a residential structure
conforming to the following minimum standards:
1. Any detached structure, regardless of square footage, constructed, altered or used for
the cultivation of medical marijuana must have a valid building permit duly issued by the
Building Official. The Building Official shall consult with the Planning Director and Chief of
Police in consideration of any building permit application seeking a building permit for the
construction or alteration of any structure to be used for medical marijuana cultivation.
2. Indoor grow lights shall not exceed one thousand two hundred (1,200 W) watts and
shall comply with the California Building, Electrical and Fire Codes as adopted by the City.
Gas products (including, without limitation, CO2, butane, propane, and natural gas), or
generators shall not be used within any detached structure used for the cultivation of
medical marijuana.
3. Any detached, fully enclosed and secure structure or residential structure used for the
cultivation of medical marijuana must have a ventilation and filtration system installed that
shall prevent marijuana plant odors from exiting the interior of the structure and that shall
comply with the California Building Code Section 402.3, Mechanical Ventilation. The
ventilation and filtration system must be approved by the Building Official and installed
prior to commencing cultivation within the detached, fully enclosed and secure structure
or residential structure.
4. A detached, fully enclosed and secure structure used for the cultivation of marijuana
shall be located in the rear yard area of a legal parcel or premises, maintain a minimum
ten (10' 00") foot setback from any property line, and the area surrounding the structure
must be enclosed by a solid fence at least six (6'00") feet in height.
5. Adequate mechanical or electronic security systems approved by the Building Official
and Chief of Police must be installed in and around the detached structure or the
residential structure prior to the commencement of cultivation.
6. Marijuana cultivation occurring within a residence shall be in an area no larger than fifty
(50 ft) square feet, regardless of how many qualified patients or primary caregivers are
residing at the premises.
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7. Cultivation of marijuana shall not take place in the kitchen, bathrooms, or bedrooms of
any building.
8. Cultivation of marijuana shall not take place on any carpeted surface.
9. Medical marijuana cultivation for sale is prohibited.
10. Medical marijuana cultivation may not occur in both a detached structure and inside a
residence on the same parcel.
11. Medical marijuana cultivation areas, whether in a detached building or inside a
residence, shall not be accessible to persons under eighteen (18) years of age. [Ord. 3-
2012 §2(Exh. A), eff. 3-23-2012]
23.83.040 Cultivation permit.
A. Prior to commencing any medical marijuana cultivation, the person(s) owning, leasing,
occupying, or having charge or possession of any legal parcel or premises where medical
marijuana cultivation is proposed to occur must obtain a medical marijuana cultivation permit
from the Chief of Police or his or her designee. The following information will be required with
the initial permit application and subsequent permit extensions:
1. A notarized signature from the owner of the property consenting to the cultivation of
marijuana at the premises on a form acceptable to the City.
2. The name of each person owning, leasing, occupying, or having charge of any legal
parcel or premises where medical marijuana will be cultivated.
3. The name of each qualified patient or primary caregiver who participates in the medical
marijuana cultivation.
4. A copy of a current valid medical recommendation or county -issued medical marijuana
card for each qualified patient identified as required above, and for each qualified patient
for whom any person identified as required above is the primary caregiver.
5. The physical site address of where the marijuana will be cultivated.
6. A signed consent form, acceptable to the City, authorizing City staff, including the
Police Department authority, to conduct an inspection of the detached, fully enclosed and
secure structure or area of the residence used for the cultivation of marijuana upon twenty
-four (24) hours' notice.
B. The initial permit shall be valid for no more than two (2) years and may be extended in
increments of two (2) years.
C. To the extent permitted by law, any personal or medical information submitted with a
medical marijuana cultivation permit application or permit extension shall be kept confidential
and shall only be used for purposes of administering this chapter.
D. The Chief of Police, or his or her designee, may, in his or her discretion, deny any
application for a medical marijuana; cultivation permit, or extension thereof, where he or she
finds, based on articulated facts, that the issuance of such permit, or extension thereof, would
be detrimental to the public health, safety, or welfare. The Chief of Police shall deny an
application for a medical marijuana cultivation permit, or extension thereof, that does not
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demonstrate satisfaction of the minimum requirements of this chapter. The denial of any permit
application, or permit extension, shall be subject to appeal pursuant to EGMC Chapter 1.11.
E. The Finance Director may establish a fee or fees required to be paid upon filing of an
application for permit(s) as provided by this chapter, which fees shall not exceed the
reasonable cost of administering this chapter. [Ord. 3-2012 §2(Exh. A), eff. 3-23-2012]
23.83.050 Enforcement.
Violations of this chapter shall constitute a public nuisance and may be enforced pursuant to
the provisions of EGMC Chapters 1.12 and 16.18. [Ord. 3-2012 §2(Exh. A), eff. 3-23-2012]
23.83.060 Appeals.
Any person aggrieved by any of the requirements of this section may appeal in so far as such
appeals are allowed pursuant to EGMC Chapter 1.11. [Ord. 3-2012 §2(Exh. A), eff. 3-23-2012]
This page of the Elk Grove Municipal Code is current City Website: http://www.elkgrovecity.org
through Ordinance 17-2012, passed July 25, 2012. (http://www,elkgrovecity.org)
Disclaimer: The City Clerk's Office has the official version of the City Telephone: (916) 691-2489
Elk Grove Municipal Code. Users should contact the City Clerk's Code Publishing Company
Office for ordinances passed subsequent to the ordinance cited (http://www.codepublishing.com/)
above.
eLibrary
(http://www.codepublishing.com/elibrary.htmi)
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City of Willits Municipal Code
Chapter 17.86
Municode Page 1 of 3
i,A�)i l [ L -%
Willits, California, Code of Ordinances >> Title 17 - ZONING » Chapter 17.86 - MARIJUANA
CULTIVATION >>
Chapter 17.86 - MARIJUANA CULTIVATION
Sections:
17.86.010 - Definitions.
17.86.020 - Outdoor cultivation of madivana.
17.86.030 - Limitation on number of plants.
17.86.040 - Enforcement.
17.86.050 - Compliance with CEQA.
17.86.010 - Definitions.
As used herein, the following definitions shall apply:
"Cultivation" means the planting, growing, harvesting, drying, or processing of marijuana
plants or any part thereof.
"Fully enclosed and secure structure" or "structure(s)," as used within this chapter, means no
more than one space within a residential unit which is subject to the requirements of the Uniform
Commercial Code; which has a complete roof enclosure supported by connecting walls extending
from the ground to the roof; which is secure against unauthorized entry, and which is accessible
only through one or more lockable doors; and which is attached to a permanent foundation. The
exterior walls shall have a minimum thickness of four inches and shall be sheathed with a minimum
one-half inch nominal thickness boards, fiber board, composite wood panels or other material
approved by code for residential building construction. The structure shall be adequately sealed to
significantly reduce the emission of odor emanating from cultivation. The term "fully enclosed and
secure structure" shall not include any building, greenhouse, shed or accessory building which does
not meet the requirements of this section.
"Outdoor" means any location within the city of Willits that is not within a "fully enclosed and
secure structure" as defined herein.
'Parcel' means property assigned a separate parcel number by the Mendocino County
Assessor.
"Primary caregiver" means a "primary caregiver" as defined in Health and Safety Code
Section 11362.7(d).
"Qualified patient" means a "qualified patient' as defined in Health and Safety Code Section
11362.7(f).
(Ord. 07-02 § 2).
17.86.020 - Outdoor cultivation of marijuana.
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It is declared to be unlawful and a public nuisance for any person owning, leasing,
occupying, or having charge or possession of any premises within any zone of the city of Willits to
cause or allow such premises to be used for the outdoor cultivation of marijuana plants as
described herein or to cultivate or allow the cultivation of marijuana plants in excess of the
limitations imposed within Section 17.86.030.
Nothing in this section shall be construed as a limitation on the city's authority to abate any
nuisance which may exist from the planting, growing, harvesting, drying, processing or storage of
marijuana plants or any part thereof from any location, indoor or outdoor, including from within a
fully enclosed and secure building.
(Ord. 07-02 § 3).
17.86.030 - Limitation on number of plants.
The cultivation of more than six marijuana plants within any fully enclosed and secure
structure within the city limits is a public nuisance. This limitation shall be imposed regardless of the
number of qualified patients residing at such location. Further, this limitation shall be imposed
notwithstanding any assertion that the person(s) cultivating marijuana are the caregivers for
qualified patients.
(Ord. 07-02 § 4).
17.86.040 - Enforcement.
The violation of this chapter may be abated by the city by the prosecution of a civil action
including an action for injunctive relief. The remedy of injunctive relief may take the form of a court
order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation
of this chapter or requiring compliance with other terms.
The city may also seek enforcement by abatement as a public nuisance. Such proceedings
may include seeking warrants from the Mendocino County Superior Court to inspect property and
for nuisance abatement by eradicating marijuana cultivated in violation of this chapter. Nuisance
abatement may, at the city's election, be commenced in accordance with the procedures set forth
within Chapter 1.12 et seq. of the Willits Municipal Code (WMC).
In any litigation concerning the enforcement of this chapter, the prevailing party shall be
entitled to recover its reasonable attorney fees and costs of suit.
(Ord. 07-02 § 5).
17.86.050 - Compliance with CEQA.
The city council finds that this chapter is not subject to the California Environmental Quality
Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the
activity in question may have a significant effect on the environment). In addition to the foregoing
general exemptions, the following categorical exemptions apply, Sections 15308 (actions taken as
authorized by local ordinance to assure protection of the environment), and 15321 (action by
agency for enforcement of a law, general rule, standard, or objective administered or adopted by
the agency, including by direct referral to the city attorney as appropriate for judicial enforcement).
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(Ord. 07-02 § 6).
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City of Chico Municipal Code
Chapter 19.77
Chico Municipal Code CULTIVATION OF MEDICAL MARIJUANA
Chapter 19.77 --_
CULTIVATION OF MEDICAL MARIJUANA
Section:
19.77.010 Findings and purpose.
19.77.020 Applicability.
19.77.030 Definitions.
19.77.040 Cultivation in residential zoning districts for personal use.
19.77.050 Appeal of permit denial.
19.77.060 Permit revocation.
19.77.070 Nuisance.
19.77.010 Findings and purpose.
A. The city council hereby finds that the cultivation of medical marijuana impacts, or has
the potential to impact, the community. These impacts include damage to buildings
in which cultivation occurs, including improper and dangerous electrical alterations
and use, inadequate ventilation, increased occurrences of home -invasion robberies
and similar crimes, and nuisance impacts to neighboring properties from the strong
and potentially noxious odors from the plants and increased crime.
B. It is acknowledged that the voters of the State of California have provided a criminal
defense to the cultivation, possession and use of marijuana for medical purposes
through the adoption of the Compassionate Use Act, but that the Compassionate Use
Act does not address the land use or other impacts that are caused by the cultivation
of medical marijuana.
C. The purpose of this chapter is to adopt rules consistent with the Compassionate Use
Act, the Medical Marijuana Program Act and the Guidelines issued by the California
Attorney General, to regulate the cultivation of medical marijuana in a manner that
protects the public health, safety and welfare of the community and prevents the
adverse impacts which such activities may have on nearby properties and residents,
without interfering with the rights of qualified patients and their primary caregivers to
possess or cultivate medical marijuana pursuant to state law.
(Ord. 2426)
19.77.020 Applicability.
A. Nothing in this chapter is intended, nor shall it be construed, to burden any defense to
criminal prosecution under the Compassionate Use Act.
B. Nothing in this chapter is intended, nor shall it be construed, to make legal any
cultivation, sale, or other use of medical marijuana that is otherwise prohibited under
California law.
C. Nothing in this chapter is intended, nor shall it be construed, to preclude any landlord
from limiting or prohibiting medical marijuana cultivation or other related activities
by tenants.
D. Nothing in this chapter is intended, nor shall it be construed, to exempt any activity
related to the cultivation or use of medical marijuana from any applicable electrical,
plumbing, land use, or other building or land use standards or permitting
requirements.
19.77-1 (10/7/11)
Chico Municipal Code
CULTIVATION OF MEDICAL MARIJUANA
E. All cultivation of medical marijuana within the city shall be subject to the provisions
of this chapter.
(Ord. 2426)
19.77.030 Definitions.
A. "Medical marijuana" means marijuana used for medical purposes in accordance with
California Health & Safety Code section 11362.5.
B. "Primary caregiver" means a primary caregiver as defined in Health & Safety Code
section 11362.7.
C. "Qualified patient" means a qualified patient as defined in Health & Safety Code
section 11362.7.
(Ord. 2426)
19.77.040 Cultivation in residential zoning districts for personal use.
It is unlawful for anyone to cultivate medical marijuana in the city of Chico except
that medical marijuana may be cultivated in residential zoning districts as follows:
A. Outdoor Cultivation. Medical marijuana may be cultivated outdoors on residentially
zoned property by a qualified patient or primary caregiver subject to the following
conditions:
1. The location of the plants is at least 5 feet from the property line and takes place
within an enclosed side or back yard.
2. An area of no more than fifty square feet is devoted to the cultivation of the
marijuana. This restriction applies regardless of how many qualified patients are
living on the property.
3. The plants are located and screened so that they are not visible from any adjacent
public or private property.
B. Indoor Cultivation. It is unlawful for any person to cultivate medical marijuana inside
any residence or other building on residentially zoned property without an indoor
cultivation permit issued by the director.
1. An application for an indoor cultivation permit shall be filed in the office of the
director on a form prescribed by the director and accompanied by an application
fee as adopted by the city council.
2. An indoor cultivation permit may only be issued if the director makes both the
following findings:
a. It is not feasible for a qualified patient to cultivate marijuana outdoors on the
property on which the patient resides either because cultivation cannot take
place in a manner the complies with all of the conditions set forth in paragraph
A., above, or that outdoor cultivation, even though conducted in compliance
with the standards set forth in Paragraph A, above, adversely affects
neighboring property by creating dust, glare, noise, odors or other impacts;
and
b. The owner of the residence or building, if other than the applicant, has
consented in writing to the issuing of the permit.
3. Any permit issued to allow indoor cultivation shall be subject to the following
conditions:
a. An area no larger that 50 square feet may be devoted to the cultivation of the
marijuana. This restriction applies regardless of how many qualified patients
19.77-2 (10/7/11)
Chico Municipal Code CULTIVATION OF MEDICAL MARIJUANA
are living on the property.
b. The lighting used for the cultivation shall not exceed 1200 watts.
c. There shall be no exterior evidence of the marijuana cultivation from any
public right of way.
d. The cultivation of marijuana shall not take place in the kitchen, bathrooms or
primary bedrooms of a residence.
e. The use of flammable or combustible products, including but not limited to,
CO2 and butane, for cultivation and processing is prohibited.
C. All medical marijuana cultivated pursuant to this section, whether outdoor or indoor,
shall be for the personal use only of a qualified patient residing on the property and
may not be distributed to any other person, collective, or cooperative.
D. Notwithstanding that cultivation which is otherwise in compliance with the standards
set forth in paragraph A., above, or a permit issued pursuant to paragraph B, above,
the cultivation of medical marijuana is not permitted if the cultivation activity
adversely affects the health or safety of the residents or nearby properties through the
creation of mold, mildew, dust, glare, heat, noise, odor, or other impacts.
E. The cultivation and/or processing of medical marijuana shall not be an allowed home
occupation.
(Ord. 2426)
19.77.050 Appeal of permit denial.
Any applicant for a permit authorized by this chapter who has had an application
denied or a permit revoked, shall have the right to request administrative review by the
city manager pursuant to the procedure set forth in section 19.12.040.
(Ord. 2426)
19.77.060 Permit revocation.
A. Permit revocation or modification. The director may modify or revoke any permit
issued pursuant to this chapter based upon the making of one or more of the following
findings:
1. The permit was issued based on a material misrepresentation by, or on behalf of,
the permittee or property owner, whether as a result of its content or omissions
therefrom and regardless of whether the misrepresentation was intentional or
negligent or otherwise inadvertent;
2. One or more of the conditions of the permit has not been met or has been violated;
or
3. Notwithstanding compliance with the conditions of the permit, the carrying out of
the activities authorized by the permit adversely affects the health or safety of the
residents or nearby properties through the creation of mold, mildew, dust, glare,
heat, noise, odor, or other impacts.
B. Notice. Prior to modifying or revoking any permit the director shall provide fifteen
days written notice to the permittee of the intent to modify or revoke the permit. The
notice shall include a brief statement of the grounds for the proposed modification or
revocation and shall notify the Permittee of the opportunity to take any corrective
actions necessary to remove the grounds for the modification or revocation.
C. Opportunity to respond. Prior to the expiration of the fifteen days, the permittee may
request a meeting with the director and/or submit documentation demonstrating that
19.77-3 (10/7/11)
Chico Municipal Code
CULTIVATION OF MEDICAL MARIJUANA
corrective action has been taken or documentation otherwise in response to the notice.
D. Final decision. After the expiration of the fifteen days, the director shall issue a
written notice indicating whether the permit is being maintained as originally granted,
modified, or revoked. Any notice of modification or revocation shall include a
statement of the reasons therefore.
E. Appeal. The modification or revocation of a permit may be appealed by the filing of a
request for administrative review by the city manager pursuant to the procedure set
forth in section 19.12.040.
(Ord. 2426)
19.77.070 Nuisance.
Any violation of any provision of this chapter shall be, and is hereby declared, a
public nuisance and may be abated by the city as such.
(Ord. 2426)
19.77-4 (10/7/11)
Options for Regulating the
Cultivation of Medical
Marijuana in the City of Lodi
October 16, 2012
Shirtsleeve Session
Lodi Municipal Code
Medical Marijuana Dispensaries are prohibited
in the City of Lodi under LMC Chapter 9.30,
adopted March 2, 2011.
The Lodi Municipal Code does not address the
cultivation of medical marijuana.
Federal Law Governing Marljuana
■ The Federal Controlled Substance Act of 1970 (CSA):
Marijuana is categorized as a `Schedule I' drug under the
CSA.
The CSA prohibits the use of marijuana for any purpose.
Enterprises engaged in the cultivation, manufacture, and
sale of marijuana directly violate federal law.
October 2009 United States Attorney General Memoranda
• Commitment to enforcement of the CSA in all states.
• Did not legalize marijuana or provide a defense to violations of
federal law.
• U.S. Attorney General will not prosecute legitimate medical
marijuana users.
California's Medical Marijuana Laws
■ Voters approved Proposition 215 —
"The Compassionate Use Act of 1996"
Health & Safety Code section 11362.5
In 2004 Senate Bill 420 was enacted
. "Medical Marijuana Program Act"
Health & Safety Code section 11362.7, et. seq.
Compassionate Use Act (CUA)
■ Permits seriously ill Californians to use
medical marijuana with a doctor's
recommendation.
■ Protects users of medical marijuana from
criminal liability under state law.
■ Encourages federal and state government
implementation of the Act.
Limitations of the CUA
■ Non-medical uses of marijuana are outside of
the scope of the CUA.
■ Possession, cultivation, sale and
transportation of marijuana is still unlawful,
but
The CUA provides an affirmative defense to
criminal prosecution for possession.
Purpose of the MMPA
■ Clarify the scope of the application of the CUA and
facilitate identification of qualified patients and their
designated caregivers.
■ Promote uniform and consistent application of the
CUA among the counties.
■ Immunity for arrest; and
■ Allows transport of medical marijuana
■ Enhance access to patients and caregivers to
medical marijuana by expressly allowing collective
and cooperative cultivation of medical marijuana.
California Attorney General's Guidelines on
Marijuana Grown for Medical Use
■ MMPA required the Attorney General adopt `guidelines to ensure the
security and non -diversion of marijuana grown for medical use
■ Guidelines were issued in August 2008
Purpose
Ensure marijuana grown for medical purposes is secure and is not
diverted to non -patients or illicit markets;
• Help law enforcement to effectively perform their duties in accordance
with California law; and
Help patients and their primary caregivers understand how to cultivate,
transport, possess, and use medical marijuana under California law.
■ Recognizes that the cultivation or concentration of marijuana without
adequate security increases the risk of nuisance activities.
Who is a Qualified Patient?
■ Health &Safety Code §11362.7(f) defines a Qualified
Patient as:
A person whose physician has recommended the use
of marijuana to treat a serious illness.
Who is a Primary Caregiver?
Health &Safety Code §11362.7(d) defines a
Primary Caregiver as:
An individual who has `consistently assumed
responsibility for the housing, health, or safety of
a patient'.
Includes: clinics, health care facilities, residential
care facilities, hospices.
A caregiver is not allowed to have more than one
patient outside of their own city or county.
Cultivation of Medical Marijuana
Under California Law
• Allows for cultivation by qualified patients or caregivers and
collective or cooperative cultivation of Medical Marijuana.
■ With the exception of how many plants a qualified patient
may possess, the CUA and MMPA are silent as to how
cultivation should be regulated in the state.
• The limitations on the amount of medical marijuana a
qualified patient or caregiver can possess under the MMPA
was struck down by the California Supreme Court in 2010
(People v. Kelly).
• The court held that the CUA did not authorize a numerical
amount of medical marijuana that was reasonably necessary to
meet the current medical needs of a particular qualified patient.
Adverse Impacts Associated with the
Cultivation of Medical Marijuana
■ Creates an Attractive Nuisan,.-
Odor associated with mature marijuana plants
Burglaries, robberies and thefts
Increase in violent crimes
Electrical Utility theft
■ Potential Hazards
Use of CO2 in growing process
Overload of electrical circuits
Chemical waste
Mold
Cultivation of Medical Marijuana in
California - Survey Results
■ Statewide
As of September 2012
• Approx. 40 cities and 25 counties regulate cultivation
2 cities and 2 counties have banned cultivation on the
grounds that marijuana is illegal under Federal law
• 3 lawsuits are currently pending
Source: California NORML and survey by
the City Attorney's Office
Regulatory Alternatives
➢ No action.
➢ Ban cultivation.
➢ Ban outdoor cultivation.
➢ Ban outdoor cultivation in certain zones and/or over
a certain size.
➢ Ban indoor cultivation.
➢ Ban indoor cultivation in certain zones over and/or
over a certain size.
➢ Cultivation subject to building regulations and
nuisance mitigation.
Impact of a Ban on the Cultivation of
Medical Marijuana
■ Cities historically exercise exclusive control
over land use issues under police powers.
■ Protection of health, safety and welfare
■ California law allows Qualified Patients and
Caregivers, to cultivate medical marijuana
■ Bans have been challenged as violating the
rights of Qualified Patients
■ The law is fluid and developing on the issue of
total cultivation bans
Options for Regulating the Cultivation of
Medical Marijuana in the City of Lodi
■ Outdoor vs. Indoor cultivation
■ Zoning
■ Proximity to schools, parks, recreational areas
■ Number of plants/Square footage under cultivation
■ Odor control and Visibility from public -right-of-way
■ Secu rity
■ Building, Fire and Electrical Code considerations
■ Type of structure, Filtration, Wattage of grow lights
■ Use of CO2 or other of gases
■ Methods of cultivation
■ Permitting or Registration requirements
Staff Recommendation
■ Avoid permissive regulation or the explicit permission to grow:
■ May run afoul of the Controlled Substance Act.
■ Inadequate staff resources to institute inspection
requirements.
■ As an alternative consider banning those activities Council
wants to explicitly disallow.
■ Consider banning grows that can be seen, smelled or otherwise
detected at the property line.
■ Consider requiring notice be given to LPD of grows.
■ Consider banning outdoor cultivation.
■ Consider banning cultivation in certain zones.
■ Consider banning grows over a specified square footage and in
kitchens, bathrooms, living areas, garages, and bedrooms used
for sleeping.
Comment, Discussion & Direction
■ Public Comment
■ Discussion and Questions of Council
■ Direction to Staff
Council Action
■ Based on Council direction the City Attorney's
Office will draft an ordinance for Council to
consider at a regularly scheduled meeting
The ordinance would be effective 30 -days
after the second reading