Personal cultivation of cannabis is conditionally permitted in the City only as expressly specified in this Chapter.
A. Personal cultivation requires a personal cultivation permit.
B. Personal cultivation may only occur indoors within private residences and accessory structures. No personal cultivation of cannabis shall occur outdoors. There shall be no visible exterior evidence of any personal cultivation activity from any publicly accessible area or right-of-way.
C. Personal cultivation is only allowed within a fully enclosed and secure area that is inaccessible to minors, regardless of whether the location is frequented of occupied by minors. Entrance to the cultivation area, and all cannabis storage areas, shall be locked at all times, and under the control of the personal cultivation permitee.
D. All cannabis produced by personal cultivation, or available for personal use, shall be kept in a secured manner that is inaccessible to minors.
E. All cannabis products and paraphernalia shall be kept in a secured manner that is inaccessible to minors.
F. Personal cultivation shall only include the non-commercial actions of planting, growing, harvesting, and dry-processing cannabis.
G. Personal cultivation shall not include mamifacturing, extractions, use of chemicals, or volatile processing.
H. All personal cultivation must occur in a single contiguous cultivation area per parcel of real property.
I. Any parcel of real property upon which personal cultivation occurs shall not contain more than six (6) cannabis plants at any time, regardless of the maturity of the plants and the number of occupants, private residences, or accessory structures present on the parcel.
J. Cannabis plants inside of private residences shall not exceed five (5) feet in height when measured from the floor to the top of the plant.
K. Cannabis plants inside of accessory structures shall not exceed seven (7) feet in height when measured from the floor to the top of the plant.
L. Cannabis plants inside of private residences shall not occupy more than twelve (12) square feet of contiguous floor space.
M. Cannabis plants inside of accessory structures shall not occupy more than twenty-four (24) square feet of contiguous floor space.
N. All cultivation areas shall contain a readily accessible and operational fire extinguisher in the immediate area where the personal cultivation activities occur.
O. Personal cultivation shall not occur in violation of any building code standards pursuant to State law, the Health and Safety Code, the California Building Standards Code, the California Code of Regulations, the Adelanto Municipal Code, or any other applicable codes.
P. Generators shall not be used to support any personal cultivation activities.
Q. Personal cultivation shall not adversely affect the health or safety of the community or nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other nuisances, and shall not be hazardous due to use or storage of materials, processes, products, or wastes.
R. Cannabis odor shall not be detectable outside of the cultivation area.
S. Personal cultivation shall not involve the increase of natural environmental humidity to support plant growth unless done in sealed container so as to prevent mold growth.
T. Personal cultivation shall not occur on City property or any other public lands. Personal cultivation may only be conducted with the express written notarized permission of the owner of the land and the structure being used for personal cultivation.
U. Cannabis produced by personal cultivation may only be used or given away to persons twenty-one (21) years of age or older, who are otherwise permitted by law to possess and use cannabis.
V. Cannabis produced by personal cultivation may only be given away to an individual in an amount of up to 28.5 grams of non-concentrated cannabis, or eight (8) grams of concentrated cannabis, once per month.
W. Cannabis produced by personal cultivation may not be sold or given away for any compensation whatsoever.
X. All cannabis related waste shall be destroyed or disposed of in a secure manner in compliance with all State and local laws so as to prevent access by minors.
Y. The City Manager, the City Manager's designee, the City's Code Enforcement Manager, the City's Building Official, the Fire Department, and law enforcement have the legal authority and right to enter and inspect the cultivation area upon reasonable demand to protect the health and safety of any occupants, neighbors, and the public. Authorized purposes for inspection of the cultivation area under this Chapter include, but are not limited to, observing and enforcing compliance with this Chapter, the Health and Safety Code, the California Building Standards Code, and all other applicable laws of the City and the State. Refusing consent to an inspection under this Chapter shall constitute grounds for obtaining an inspection warrant and for revocation of any related personal cultivation permit.
[Ord. No. 555, 10/26/16; Ord. No. 561, Section 2, 4/12/17.]