California Medical Marijuana Guidelines Survey

Disclaimer: Please note that local regulations and ordinances are constantly changing.  While we make this information available to the public at our earliest convenience, this site is not instantaneously updated whenever an ordinance or regulation changes.  Please check directly with your local municipality (city, county, or city and county) to ensure that your decisions are based on the most up-to-date information.  This information is not a substitute for legal advice; please consult with counsel for legal advice.  You can reach the Law Offices of Omar Figueroa at (707) 829-0215, at (415) 489-0420, and at www.omarfigueroa.com.

 

Butte County

Butte County Chapter 34A Marijuana Cultivation (Jan. 26, 2016)

Butte County Medical Marijuana Cultivation Information Webpage

Chapter 34A Medical Marijuana Cultivation Regulation (2013)

Chapter 24-166 Marijuana Dispensaries Prohibited (2013)

Butte County Counsel Response (June 24, 2013)

Medical Marijuana Guidelines for Physician Approved Patients (2013)

Chico

City of Chico City Attorney Response (July 5, 2013)

Chapter 19.77 CULTIVATION OF MEDICAL MARIJUANA (Chico City, October 7, 2011)

Findings and purpose.
Applicability.
Definitions.
Cultivation in residential zoning districts for personal use. Appeal of permit denial.

Permit revocation. Nuisance.

Findings and purpose.

  1. 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.
  2. 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.
  3. 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.

  1. Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act.
  2. 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.
  3. 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.
  4. 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.

  1. “Medical marijuana” means marijuana used for medical purposes in accordance with California Health & Safety Code section 11362.5.
  2. “Primary caregiver” means a primary caregiver as defined in Health & Safety Code section 11362.7.
  3. “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:

  1. Outdoor Cultivation. Medical marijuana may be cultivated outdoors on residentiallyzoned 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 placewithin an enclosed side or back yard.
    2. An area of no more than fifty square feet is devoted to the cultivation of themarijuana. This restriction applies regardless of how many qualified patients areliving on the property.
    3. The plants are located and screened so that they are not visible from any adjacentpublic or private property.
  2. Indoor Cultivation. It is unlawful for any person to cultivate medical marijuana insideany 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 thedirector on a form prescribed by the director and accompanied by an applicationfee as adopted by the city council.
    2. An indoor cultivation permit may only be issued if the director makes both thefollowing findings:
      1. It is not feasible for a qualified patient to cultivate marijuana outdoors on theproperty 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
      2. 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.

  1. The lighting used for the cultivation shall not exceed 1200 watts.
  2. There shall be no exterior evidence of the marijuana cultivation from anypublic right of way.
  3. The cultivation of marijuana shall not take place in the kitchen, bathrooms orprimary bedrooms of a residence.
  4. 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.

  1. Notwithstanding that cultivation which is otherwise in compliance with the standardsset 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.
  2. 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.

  1. 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.
  2. 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.
  3. 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.

  1. Final decision. After the expiration of the fifteen days, the director shall issue awritten 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.
  2. 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)