Business Law in Santa Rosa, California
California Cities that have passed local Marijuana and Prop 215 Laws
Anderson – Arcata – Berkeley – Biggs – Chico – Corning – Dunsmuir – Eureka – Fort Bragg – Fresno – Gridley – Imperial Beach – Lakeport – Live Oak – Moraga – Oakland – Paradise – Redding – Rocklin – San Carlos – San Diego – San Francisco – San Mateo – Santa Cruz – Sebastopol – Shasta Lake – South Lake Tahoe – Yuba
The information on this site is not intended to serve as legal advice.
On February 18, 2011, an ordinance took effect in Anderson that prohibits cultivation either inside a dwelling or in an outdoor garden, limits the growing, harvesting and processing of medical marijuana to a 50-square-foot outbuilding that is built to city, state and federal codes, is protected by an audible alarm system, and contains electrical, plumbing and ventilation. A suit was filed against the Anderson ordinance on April 15, 2011.
City Council passed an ordinance 11/08 allowing no more than 50 square feet for cultivation. In addition, dispensaries will be prohibited from using more than 25% of their property for cultivation and patients must grow in their own homes, which must be mainly residential space. Those with special needs may request more grow space.
Measure JJ, passed by the voters in 2008, repealed Berkeley’s plant and possession limits. Outdoor gardens that are observable are limited to 10 plants.
City code requires marijuana be grown in a “fully enclosed and secure structure.”
Chapter 19.77 of Chico municipal code allows outdoor, residential cultivation of 50 square feet per parcel, regardless of the number of patients. Plants must be enclosed, screened, and 5 feet from the property line. Indoor cultivation (under 50 square feet and 1200 watts) can take place only with a permit stating outdoor is not possible and the building owner approves. States all marijuana grown must be for personal use only.
The city of Corning prohibits cultivation outdoors or in a residential structure. Gardens must be located in a secure detached structure in the rear yard only, removed ten feet from the property line and with a six foot solid fence and with a mechanical ventilation system and security system approved by a Building Official or the Police Dept.
On May 19, 2011 the city of Dunsmuir enacted an ordinance (Chapter 17.34 of city code) that disallows outdoor cultivation, and requires anyone growing for more than one person to submit an affidavit to the city manager. A maximum of 100 square feet may be grown per patient, not to exceed three patients per parcel. Patients must live on the property, and growing must take place in a garage.
On May 3, 2011, Eureka city council approved an ordinance that allows personal cultivation within 50 square feet in area and 10 feet in height, or up to 100 feet with an Exemption Request, only in a residence. Processing area cannot exceed 20 square feet. Also regulates dispensaries, delivery services, and labs.
Cultivation Ordinance allows up to 100 sq. feet, indoors
On December 15, 2011, the city of Fresno enacted a 45-day moratorium on outdoor cultivation. A permanent ban is expected to be considered in April.
The city of Gridley has banned outdoor cultivation.
San Diego County
On July 7, 2011, with a 4 to 1 vote, the Imperial Beach City Council approved an ordinance banning collective cultivation of medical marijuana within city limits including in the private homes of qualified patients.
July 20, 2011 – The city of Live Oak in Sutter County is considering banning outdoor cultivation after holding a public meeting about citizen complaints.
Contra Costa County
The city of Moraga outlaws outdoor cultivation; indoor is allowed only if not visible.
Indoors – 72 plants in maximum 32 sq. ft growing area. Outdoors – 20 plants, no area limit. Weight limit 3 lbs dried marijuana per patient. Collective gardens limited to 3 patients. Dispensaries serving four or more patients are allowed max. 6 mature and 12 immature plants and 1/2 pound per patient.
On July 8, 2011, the Paradise planning commission approved a draft medical marijuana ordinance that would limit personal cultivation to 50 square feet within a residential zoning district and require permits for indoor gardens. Collective cultivation could take place in industrial zones with a permit. A requirement that residential gardens be fenced and locked has been added.
An ordinance passed in 2010 restricts medical marijuana gardens to a maximum of 100 square feet of canopy or 10% of home or garden area.
In January 2011, the city of Rocklin passed ordinance 970 (Section 1. Chapter 17.81 of Rocklin Municipal Code), which limits cultivation to 50 square feet and ten feet in height per residence only within an enclosed structure. Marijuana cultivation lighting cannot exceed 1200 watts, and the authorized grower must reside in the residence where the marijuana cultivation occurs. Other building and fire codes, issues of privacy, noise, odor, etc. must be observed. With documentation of a second patient living on the premises, up to 100 square feet can be grown. Penalty for violation is $500/day.
San Mateo County
San Carlos’s collective regulation ordinance says a patient may grow medical marijuana for consumption at their residence. It adds: All cultivated marijuana must be secured in structures consisting of at least four walls and a roof, and be held secure to the satisfaction of the police chief.
San Diego County
City Municipal Code allows up to 1 lb of marijuana, 24 plants in 64 square feet indoors; no outdoors growing allowed except in enclosed greenhouses.
San Francisco County
Patients allowed up to 24 plants or 25 square feet of canopy; dispensary gardens capped at 99 plants in 100 square feet. Possession limit 8 oz. dried cannabis per patient. See p. 44 of the ordinance.
San Francisco has enacted regulations on edibles.
San Mateo County
San Mateo’s city collective ordinance says:
Marijuana cultivated and possessed at a private residence must not be visible from
adjacent public areas or neighboring properties, and must be secured within structures
consisting of at least four walls and a roof with standard locks.
Santa Cruz County
100 sq.ft. canopy and up to 99 plants is allowable under county guidelines, for a patient or a bone fide caregiver.
In January 2011, Sebastopol city council enacted an ordinance allowing patients and caregivers to grow up to 30 plants within 100 square feet at their homes. Under the ordinance, patients and caregivers can possess up to 3 lbs. at the garden site. It also allows two secured 750 square-foot gardens for dispensing collectives, and two more for non-dispensing patients and caregivers.
In December 2010, city council adopted an ordinance that allows growing only in residential or mixed-used zoning districts, while it would be banned in commercial and industrial districts. The ordinance allows for growing up to 100 square feet inside a garage or adjacent building, but not inside the home. Outdoor growing is limited to 25 square feet on a half-acre parcel, 60 square feet on a parcel between half-acre and one acre and 240 square feet on parcels larger than one acre. Outdoor grows must also be enclosed in a 6-foot high, non-climbable fence with a locking gate. Chain-link fences are not allowed, according to the ordinance.
South Lake Tahoe
On May 17, 2011, the City of South Lake Tahoe unanimously passed an ordinance “to require that medical marijuana be cultivated in appropriately secured, enclosed, and ventilated structures” in permitted residential structures only; “in compliance with the maximum dimensions permissible for the cultivation of medical marijuana” within 10% of the total residence square footage. Fines for violations start at $100/day and escalate to $500 with repeat offenses.