California County guide lines per State Law SB 420
01-09-2012, 03:00 PM
California County guide lines per State Law SB 420
Localities NOT listed below adhere to CA state default guidelines of 6 mature OR 12 immature plants and 8 oz. of dried processed marijuana.
On 11/28/11, Amador county supervisors approved a 45-day ban outdoor cultivation of medical marijuana and directed staff to come up with regulations to address impacts of outdoor grows.
On February 18, 2011, an ordinance took effect in Anderson that prohibits cultivation either inside a dwelling or in an outdoor garden, limits the growing, harvesting and processing of medical marijuana to a 50-square-foot outbuilding that is built to city, state and federal codes, is protected by an audible alarm system, and contains electrical, plumbing and ventilation. A suit was filed against the Anderson ordinance on April 15, 2011.
City Council passed an ordinance 11/08 allowing no more than 50 square feet for cultivation. In addition, dispensaries will be prohibited from using more than 25% of their property for cultivation and patients must grow in their own homes, which must be mainly residential space. Those with special needs may request more grow space.
Measure JJ, passed by the voters in 2008, repealed Berkeley's plant and possession limits. Outdoor gardens that are observable are limited to 10 plants.
City code requires marijuana be grown in a "fully enclosed and secure structure."
Butte County Citizens for Compassionate Use submitted 12,308 signatures on a referendum petition to suspend the county's controversial medical marijuana ordinance. Enough signatures were verified to block the ordinance and supervisors elected to put the measure on the June ballot.
Chapter 19.77 of Chico municipal code allows outdoor, residential cultivation of 50 square feet per parcel, regardless of the number of patients. Plants must be enclosed, screened, and 5 feet from the property line. Indoor cultivation (under 50 square feet and 1200 watts) can take place only with a permit stating outdoor is not possible and the building owner approves. States all marijuana grown must be for personal use only.
The city of Corning prohibits cultivation outdoors or in a residential structure. Gardens must be located in a secure detached structure in the rear yard only, removed ten feet from the property line and with a six foot solid fence and with a mechanical ventilation system and security system approved by a Building Official or the Police Dept.
On May 19, 2011 the city of Dunsmuir enacted an ordinance (Chapter 17.34 of city code) that disallows outdoor cultivation, and requires anyone growing for more than one person to submit an affidavit to the city manager. A maximum of 100 square feet may be grown per patient, not to exceed three patients per parcel. Patients must live on the property, and growing must take place in a garage.
El Dorado Co.
On 11/15/2011, the ElDorado board of supervisors voted for a 45-day moratorium against new dispensaries and outdoor cultivation. On Dec. 20, the ordinance could be extended for 10 months, or regulations could be enacted. Locals are looking to challenge the moratorium, for more write email@example.com The former ordinance allowed for 20 immature or 10 mature plants and 2 lbs.
On May 3, 2011, Eureka city council approved an ordinance that allows personal cultivation within 50 square feet in area and 10 feet in height, or up to 100 feet with an Exemption Request, only in a residence. Processing area cannot exceed 20 square feet. Also regulates dispensaries, delivery services, and labs.
Cultivation Ordinance allows up to 100 sq. feet, indoors
On December 15, 2011, the city of Fresno enacted a 45-day moratorium on outdoor cultivation. A permanent ban is expected to be considered in April.
On July 12, 2011, Fresno County unanimously passed an ordinance to ban dispensaries and sharply restrict cultivation. It requires a "Medical MJ Cultivation Business License" for anyone seeking to grow in the county. Cultivation can only occur only in a secure, locked, enclosed structure in industrial zoning districts if 1,000 feet from any school, park, recreation area, sports facility, adult business, church, etc; maximum # of plants is 99.
Activists in Fresno are working towards filing a referendum against their ordinance. Anyone interested in joining the effort can contact Shannon at firstname.lastname@example.org or 559-486-6010.
The city of Gridley has banned outdoor cultivation.
On 12/14/2011, the Humboldt county passed an ordinance limiting indoor gardens to 50 square feet per parcel, and 1200 watts, regardless of the number of patients.
Outdoors, county guidelines allow patients 100 square feet and 3 lbs w/ no plant number limit.
Both indoors and out, the Cities of Fortuna and Eureka enforce SB 420 limits (6 mature/12 immature plants, 1/2 lb). Also see: Eureka and Arcata (above).
On July 7, 2011, with a 4 to 1 vote, the Imperial Beach City Council approved an ordinance banning collective cultivation of medical marijuana within city limits including in the private homes of qualified patients.
Kern County citizens successfully gathered enough signatures to block an ordinance the Board of Supervisors passed on August 9 to limit collective membership to 3 members, and outlaw outdoor cultivation and edibles. In addition, a second emergency ordinance, taking effect immediately, disallows more than 12 plants per parcel.
On January 3, 2012, Lake County supervisors voted to rescind the county's medical marijuana cultivation ordinance, passed in September after The Lake County Citizens for Responsible Regulations and Lake County Green Farmers Association submitted signatures on a referendum petition to repeal it. The groups have also submitted signatures for their proposed initiative, titled “Lake County Medical Marijuana Cultivation Act of 2012.”
On November 23, 2010, Lassen County Ordinance No. 575, which prohibits dispensaries and outdoor cultivation, was passed by the Lassen County Board of Supervisors.
Live Oak (Sutter County)
July 20, 2011 - The city of Live Oak in Sutter County is considering banning outdoor cultivation after holding a public meeting about citizen complaints.
On March 23, 2010, the county enacted an ordinance that would allow gardens of up to 99 plants with proper licensing. Otherwise, it allows 25 plants per parcel. More at: Mendocino Medical Marijuana Advisory Board site.
The city of Moraga outlaws outdoor cultivation; indoor is allowed only if not visible. Read ordinance.
Cultivation: 6 mature female plants or 75 square feet of plant canopy (previously 10 plants not to yield more than 2 lbs). Possession: 2 lbs processed marijuana - consistent with patient's recommendation.
Indoors - 72 plants in maximum 32 sq. ft growing area. Outdoors - 20 plants, no area limit. Weight limit 3 lbs dried marijuana per patient. Collective gardens limited to 3 patients. Dispensaries serving four or more patients are allowed max. 6 mature and 12 immature plants and 1/2 pound per patient.
On July 8, 2011, the Paradise planning commission approved a draft medical marijuana ordinance that would limit personal cultivation to 50 square feet within a residential zoning district and require permits for indoor gardens. Collective cultivation could take place in industrial zones with a permit. A requirement that residential gardens be fenced and locked has been added.
An ordinance passed in 2010 restricts medical marijuana gardens to a maximum of 100 square feet of canopy or 10% of home or garden area. Also see: Local Ordinances Attack Patients’ Right to Grow
In January 2011, the city of Rocklin passed ordinance 970 (Section 1. Chapter 17.81 of Rocklin Municipal Code), which limits cultivation to 50 square feet and ten feet in height per residence only within an enclosed structure. Marijuana cultivation lighting cannot exceed 1200 watts, and the authorized grower must reside in the residence where the marijuana cultivation occurs. Other building and fire codes, issues of privacy, noise, odor, etc. must be observed. With documentation of a second patient living on the premises, up to 100 square feet can be grown. Penalty for violation is $500/day.
July 20, 2011 - Roseville held a meeting about medical marijuana cultivation, and is considering enacting an outdoor ban starting in October. CalNORML wrote to public officials at the request of local patients, asking them if they must ban outdoor growing, to adopt language stating "Outdoor growing is prohibited where sight or odor presents a nuisance to neighbors," leaving it up to the grower to use a charcoal greenhouse filter, "cover" aromatic crops like lavender, or other measures to address odor.
On December 6, 2011, the Sacramento County supervisors passed an ordinance that zones out anything that is federally illegal. Crackdowns on all medical marijuana dispensaries in unincorporated areas of the county followed. How this will impact medical marijuana cultivation in the county remains to be seen. Since representatives of the federal government have repeatedly stated they is not interested in prosecuting patients, only those profiting from medical marijuana, one would hope this sweeping provision would not be used to crackdown on cultivation as well. Without dispensaries or gardens, there can be no safe access, as mandated by state law. There is an effort to repeal the ordinance by referendum.
San Bernardino County
County code 82.02.070 outlaws outdoor cultivation in unincorporated areas of San Bernardino.
City of San Carlos
San Carlos's collective regulation ordinance says a patient may grow medical marijuana for consumption at their residence. It adds: All cultivated marijuana must be secured in structures consisting of at least four walls and a roof, and be held secure to the satisfaction of the police chief.
City of San Diego
City Municipal Code allows up to 1 lb of marijuana, 24 plants in 64 square feet indoors; no outdoors growing allowed except in enclosed greenhouses.
Patients allowed up to 24 plants or 25 square feet of canopy; dispensary gardens capped at 99 plants in 100 square feet. Possession limit 8 oz. dried cannabis per patient. See p. 44 of the ordinance.
San Francisco has enacted regulations on edibles.
City of San Mateo
San Mateo's city collective ordinance says:
Marijuana cultivated and possessed at a private residence must not be visible from
adjacent public areas or neighboring properties, and must be secured within structures
consisting of at least four walls and a roof with standard locks.
100 sq.ft. canopy and up to 99 plants is allowable under county guidelines, for a patient or a bonafide caregiver.
In January 2011, Sebastopol city council enacted an ordinance allowing patients and caregivers to grow up to 30 plants within 100 square feet at their homes. Under the ordinance, patients and caregivers can possess up to 3 lbs. at the garden site. It also allows two secured 750 square-foot gardens for dispensing collectives, and two more for non-dispensing patients and caregivers.
12/11 - Shasta county passed an ordinance that bans growing inside residences, but allows it in detached accessory structures and sets limits for outdoor growing regardless of how many patients live at a residence.
Under the ordinance, residents with less than an acre can't grow any more than 60 square feet of marijuana, while those living on more than 1 but less than 2 acres could grow up to 100 square feet. Those with 2-5 acres can grow 150 square feet and people living on 5-20 acres grow 240 square feet of pot. Those with 20 acres or more are limited to 360 square feet of plants.
Gardens must meet minimum setbacks from parcel lines and adjacent residences. The growth ordinance also sets a 1,000-foot "no-grow" zone between cultivation sites and "sensitive areas," such as schools, youth organizations, school bus stops or churches.
In December 2010, city council adopted an ordinance that allows growing only in residential or mixed-used zoning districts, while it would be banned in commercial and industrial districts. The ordinance allows for growing up to 100 square feet inside a garage or adjacent building, but not inside the home.
Outdoor growing is limited to 25 square feet on a half-acre parcel, 60 square feet on a parcel between half-acre and one acre and 240 square feet on parcels larger than one acre. Outdoor grows must also be enclosed in a 6-foot high, non-climbable fence with a locking gate. Chain-link fences are not allowed, according to the ordinance.
Guidelines permit 3 lbs for possession; maximum 100 square feet cultivation area with 30 plants or fewer (approved Sept 2006)
South Lake Tahoe
On May 17, 2011, the City of South Lake Tahoe unanimously passed an ordinance "to require that medical marijuana be cultivated in appropriately secured, enclosed, and ventilated structures" in permitted residential structures only; "in compliance with the maximum dimensions permissible for the cultivation of medical marijuana" within 10% of the total residence square footage. Fines for violations start at $100/day and escalate to $500 with repeat offenses.
On Nov. 29, 2011, the council will revisit the ordinance in the wake of the Pack decision.
Tehama County Board of Supervisors has adopted an ordinance that declares it a public nuisance for anyone cultivate over 12 mature or 24 immature plants on parcels of less than 20 acres. The Tehama ordinance bans any cultivation whatsoever within 1,000 ft of a school, and requires every landlord to register any Prop 215 garden with the city. The ordinance allows hardship exemptions to a requirement that gardens be 100' from property lines. California NORML has joined a lawsuit against the Tehama ordinance, see Local Ordinances Attack Patients’ Right to Grow
On March 17, 2011, Trinity supervisors voted to extend their moratorium on "aggregate grows" on rural residential parcels through Feb. 2, 2012. The moratorium limits any large-scale operations to nonresidential parcels only that are greater than 30 acres. It also sets a maximum garden size of 2,500 square feet for such operations and a 500-foot property line setback.
The temporary moratorium also limits the size of medical marijuana gardens that may be grown for personal use within residential areas to 50 square feet on an acre or less; 100 square feet on one to five acres; and 250 square feet on parcels greater than five acres. It includes residency requirements calling for individuals, upon request, to furnish proof that the property in use is their primary residence. An ongoing process is taking place with public hearings by the Trinity Planning Department.
See a fact sheet on Trinity.
Chapter 11 of Tulare County code requires marijuana be grown "within a secure, locked, and fully enclosed structure" whose exterior is "compatible with the exterior appearance of structures already constructed or under construction within the immediate area" and has an alarm system and exterior lighting. Collectives may grow up to 99 plants within proper zoning; otherwise up to 24 plants at 6 mature or 12 immature plants per patient for only 2 patients. Patients may smoke "only entirely within a private residence or on the premises of a private residence but out of public view." Violations are criminal misdemeanors.
State Guidelines Under SB 420
H&SC 11362.77(a). A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.
H &SC 11362.77 (b) If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.
H&SC 11362.77 © Counties and cities may retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a).
H&SC 11362.77 (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.
SB 420 Enforcement Guidelines
State law, SB 420 (Health & Safety Code 11362.7), which took effect on Jan. 1, 2004, protects Prop. 215 patients from arrest provided they cultivate no more than 6 mature or 12 immature plants and possess no more than 8 ounces of dried marijuana (H&SC
Counties and cities are authorized to establish higher (but not lower) limits if they wish (H&SC 11362.77©). Listed above are those localities that have adopted limits above the state limit.
Patients who need more marijuana can be exempted from these limits if they obtain a physician's statement specifying that they need more (H&SC
11362.77(b)). While police are often reluctant to recognize such exemptions, they are helpful in court.
Despite supposed protections of SB 420 and Prop 215, patients may still be arrested if law enforcement suspects they are outside the law, for example, by being involved in illegal sales or distribution, or growing plants with excessive yields.
In general, the state Attorney General has given local authorities discretion in how they enforce Prop. 215, as explained in a letter to local law enforcement officials.
source: California Normal
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