Cultivating cannabis for personal use is subject to the following limitations.
(A) A state resident 21 years of age or older who is a registered qualifying patient under the Compassionate Use of Medical Cannabis Pilot Program Act may cultivate cannabis plants, with a limit of five plants that are more than five inches tall, per household without a cultivation center or craft grower license. In this section,
RESIDENT means a person who has been domiciled in the state for a period of 30 days before cultivation.
(B) Cannabis cultivation must take place in an enclosed, locked space.
(C) Adult registered qualifying patients may purchase cannabis seeds from a dispensary for the purpose of home cultivation. Seeds may not be given or sold to any other person.
(D) Cannabis plants shall not be stored or placed in a location where they are subject to ordinary public view, as defined in this chapter. A registered qualifying patient who cultivates cannabis under this section shall take reasonable precautions to ensure the plants are secure from unauthorized access, including unauthorized access by a person under 21 years of age.
(E) Cannabis cultivation may occur only on residential property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property. An owner or lessor of residential property may prohibit the cultivation of cannabis by a lessee.
(F) A dwelling, residence, apartment, condominium unit, enclosed, locked space, or piece of property not divided into multiple dwelling units shall not contain more than five plants at any one time.
(G) Cannabis plants may only be tended by registered qualifying patients who reside at the residence, or their authorized agent attending to the residence for brief periods, such as when the qualifying patient is temporarily away from the residence.
(H) A registered qualifying patient who cultivates more than the allowable number of cannabis plants, or who sells or gives away cannabis plants, cannabis, or cannabis-infused products produced under this section, is liable for penalties as provided by law, including the Cannabis Control Act, in addition to loss of home cultivation privileges.
(Ord. 2021-04-17, passed 4-13-2021)