§ 84.34.040  Exemption for Cultivation by Specified Persons.
   Notwithstanding § 84.34.030, the prohibition concerning commercial cannabis activity does not apply to a person with an identification card cultivating cannabis for his or her personal medical use or to a primary caregiver cultivating cannabis for the personal medical use of no more than five specified persons with identification cards, subject to the following requirements:
   (a)   The cannabis is not sold, distributed, donated, or provided to any other person or entity.
   (b)   A primary caregiver may only receive compensation in full compliance with Health and Safety Code § 11362.765, subdivision (c).
   (c)   Cultivation may only be conducted indoors at the private residence of the person with an identification card or the primary caregiver of the person with an identification card.
   (d)   Cultivation shall be limited to no more than:
      (1)   Twelve cannabis plants per person with an identification card or primary caregiver per private residence; and,
      (2)   An aggregate total of 24 cannabis plants per private residence when more than one person with an identification card or primary caregiver lives at the private residence.
   (e)   A private residence where cultivation occurs must be a fully enclosed structure, that includes solid walls, and a ceiling, roof, or top.  Cultivation of cannabis plants within the limitations described above must be conducted in one distinct designated cultivation area within the private residence.  The designated cultivation area must be separately secured and locked from all other uses of the private residence, such that all cannabis plants are reasonably secured from theft and from access by minors or other unauthorized persons.  The cultivation must not be perceptible from the exterior of the private residence, by means, including but not limited to:
      (1)   Common visual observation, including any form of signage;
      (2)   Odors, smells, fragrances, or other olfactory stimulus generated by the cultivation;
      (3)   Light pollution, glare, or brightness of artificial illumination associated with the cultivation.
   (f)   The cultivation must be subordinate, incidental, and accessory to the residential use.
   (g)   The designated area where cannabis is cultivated must be in full compliance with all other applicable requirements of the County Code, including, but not limited to, the building, safety, and technical codes and requirements relevant to obtaining necessary building, plumbing, electrical, mechanical, or other permits, inspection of the residence, and the issuance of a certificate of occupancy.
   (h)   The cultivation of cannabis shall not occur outdoors in the yard, curtilage, or other area outside of a private residence.
   (i)   No cultivation is permitted within the common areas of a multi-family dwelling, residential development, mobile home park, or other similar residential arrangements.
   (k)   If the person with an identification card or a primary caregiver cultivates cannabis within any private residence that he or she does not own, written consent must be obtained from the property owner prior to commencing the cultivation of cannabis plants on the property.  Such written documentation shall include the property owner’s express consent to the cultivation of cannabis within the residence, and to any material alterations to the private residence associated with the cultivation of cannabis plants, including but not limited to alterations to walls, windows, ventilation, plumbing, or electrical, in addition to obtaining all necessary building permits.  The written consent must be maintained at the private residence and provided upon request to an enforcement officer.
   (l)   All cultivation must be conducted in full compliance with the Compassionate Use Act (Health and Safety Code § 11362.5), the Medical Marijuana Program (Health and Safety Code §§ 11362.7 et seq.) and the Medical Marijuana Regulation and Safety Act (Business and Professions Code §§ 19300 et seq.), as currently enacted or hereafter amended.
   (m)   The following activities shall not be permitted pursuant to this exemption, but such restrictions shall not be deemed to prohibit the use of lawful fertilizers, additives, supplements or nutrients:
      (1)   Any activity involving the use of a chemical or other process to enhance tetrahydrocannabinol (THC) in cannabis; or
      (2)   The manufacture of cannabis product.
   (n)   Cultivation shall not occur within any private residence containing a child day care, as defined by § 810.01.060, subdivision (e).
   (o)   A primary caregiver shall provide the identification card number of each of his or her patients to enforcement officers, upon request, when acting in the course of their official duties while investigating compliance with the requirements of this Chapter.
   (p)   If, after the adoption of this Chapter, any Federal or State law is passed which requires the County to allow the cultivation of cannabis by any persons not included within the exemption stated above, the exemption shall be expanded to include those persons specifically identified by said Federal or State law, upon the date the law becomes effective.  Any plant limitations imposed by said Federal or State law, if in an amount less than specified in this Section, shall apply to the additional exempted persons.  All other provisions of this Section shall apply to the additional exempted persons.  It is the intent of this provision that the cultivation of cannabis within the unincorporated areas of the County is as restrictive as allowed under State law.
(Ord. 4309, passed - -2016)