It is the purpose and intent of the city council to implement state law by regulating the cultivation of cannabis and implement strong and effective regulatory and enforcement systems to protect the health, safety, and welfare of the residents of the city. This chapter prohibits the cultivation of cannabis anywhere in the city, unless performed by a permitted cannabis business in accordance with chapter 5.150 or in a private residence in accordance with the provisions of this chapter. A violation of this prohibition is subject to increased administrative penalties in recognition of the high value of cannabis plants, which can be several thousands of dollars each, and the desired punitive effect required to deter future violations.
The regulations in this chapter do not interfere with any person's right to obtain and use cannabis as authorized under state law, nor do they criminalize the possession of cannabis. It is neither the intent nor the effect of this chapter to condone or legitimize the illegal use, consumption, or cultivation of cannabis under federal, state, or local law. (Ord. 2018-0009 § 3; Ord. 2017-0047 § 1)
As used in this chapter:
"Allowable structure" means a building or other structure that is fully-enclosed and secure; complies with the Sacramento City Building Code and Planning and Development Code; has a complete roof enclosure supported by connecting walls extending from the ground to the roof; has a foundation, slab, or equivalent base to which the floor is secured by bolts or similar attachments; is secure against unauthorized entry; and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid, non-transparent material, that cannot be easily breached, such as two-inch by four-inch or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting or similar products, regardless of gauge, do not satisfy this requirement.
"City manager" means the city manager or designee.
"Cultivation" means the planting, growing, harvesting, drying, or processing of one or more cannabis plants or any part thereof.
"Cannabis" has the same meaning as set forth in California Business and Professions Code section 26001.
"Cannabis plant" means any mature or immature cannabis plant, or any cannabis seedling.
"Outdoor" means any location that is not within an allowable structure.
"Private residence" means a house, apartment unit, mobile home, or other similar dwelling. (Ord. 2018-0009 § 3; Ord. 2017-0047 § 1)
No person shall own, lease, occupy, or have charge or possession of any property upon which the person knows or, by exercising reasonable care or diligence, should know that cannabis is being cultivated, except in accordance with the following:
A. Chapter 5.150 (cannabis businesses).
B. Section 8.132.040 (permissible cultivation of cannabis). (Ord. 2023-0012 § 1; Ord. 2019-0047 § 1; Ord. 2018-0009 § 3; Ord. 2017-0047 § 1)
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