(A) Compliance with state law. Unless otherwise authorized by this chapter, no person shall cultivate cannabis, except for cultivation that is by and for a natural person’s sole personal use, or by a qualified primary caregiver who cultivates medical cannabis on behalf of a qualified patient(s), and that occurs solely within a private residence or lawfully existing fully enclosed accessory building or structure thereto, including greenhouses and similar structures whose contents are not visible from the public right-of-way, pursuant to the requirements and limitations of California Health and Safety Code § 11362.2 and this chapter.
(B) Outdoor prohibition. Outdoor cultivation is prohibited in all zoning districts of the city, unless and until the City Council resolves by majority vote to allow outdoor cultivation consistent with the provisions of this chapter.
(C) General requirements for personal cultivation.
(1) The requirements listed herein are applicable to all personal cannabis cultivation within the city. The right of any person under state law to cultivate cannabis for medicinal or adult use does not confer upon them the right to create or maintain a public nuisance.
(2) Indoor personal cultivation of cannabis may only be conducted inside a lawfully existing dwelling and/or accessory building or structure on the same parcel by an adult who lawfully resides at that property.
(3) Buildings and/or structures and equipment used for indoor cultivation, including but not limited to grow lights, shall comply with all applicable provisions of this code and state law, including but not limited to the building, electrical and fire codes. Personal cultivation of cannabis shall not interfere with the primary occupancy of the building or structure, including regular use of kitchen(s), bathroom(s) or the garage.
(4) No exterior evidence of cannabis cultivation shall be discernible from the public right-of-way.
(5) Nothing in this section authorizes modifications to any property, building and/or structure thereon in violation of this code and/or state law.
(D) Medicinal cannabis.
(1) Medicinal cannabis shall be cultivated by a qualified patient or primary caregiver exclusively for the medical purposes of qualified patients, in accordance with the Compassionate Use Act, the Medical Marijuana Program Act and MAUCRSA.
(2) Medicinal cannabis shall only be cultivated by a qualified patient or primary caregiver of at least 18 years of age, and such cultivation must be conducted pursuant to applicable state law and guidelines, including the California Attorney General’s Guidelines for the Security and Non-Diversion of Cannabis Grown for Medical Use.
(E) Adult use cannabis.
(1) Adult use cannabis shall only be cultivated by a person 21 years of age or older.
(2) The cumulative total of cannabis plants on the property shall not exceed six plants, regardless of the number of persons residing on the property.
(F) Property owner rights.
(1) Nothing in this chapter is intended, nor shall it be construed, to preclude any owner of real property from limiting or prohibiting personal cultivation of cannabis on their property by any person, including tenants.
(2) For the purposes of this section, the property owner’s intentions regarding cannabis shall be evidenced by language within written rental or lease agreements.
(3) Property owners that allow personal cultivation of cannabis or commercial cannabis activities on their property, in accordance with California laws and this chapter, on that basis shall not be liable for tenant’s compliance or noncompliance with state and local laws.
(4) Property owners that limit or prohibit personal cultivation of cannabis or commercial cannabis activities on their property on that basis shall not be liable for tenant’s compliance or non-compliance with state and local laws.
(Ord. 1063, passed 2-15-2022)