Local Medical Marijuana Cultivation & Possession Guidelines in California
On November 26, 2013, the Third District Court of Appeals upheld the city of Live Oak’s ban on medical marijuana cultivation. California NORML is supporting a court challenge to the Live Oak ruling.
Cities and counties across the state have moved to establish zoning regulations for medical cannabis cultivation. In many cases, these are driven by complaints from neighbors who don't like the sight or smell of marijuana, or by public officials with overly punitive attitudes. Public safety concerns have been raised, and there have been a few incidents of violence around marijuana gardens. While there may be a need in some cities to require greenhouses or other security measures for gardens, in rural areas and in whole counties, there is no justification for outlawing outdoor marijuana gardens. In any case, hardship exemptions for indigent patients must be included to assure safe access under state law. Any patient who is impacted by planned or existing local ordinances can write to CalNORML.
Localities NOT listed below adhere to CA state default guidelines, which are:
6 mature OR 12 immature plants and 8 oz. of dried processed marijuana.
Other local laws for cultivation and aggegate grows for multiple patients may be found in Local California Dispensary Regulations. Several cities and counties, e.g. Benicia, disallow collective grows for more than two or three patients. To find your city or county's code, Google the name + "code," then search for "marijuana" or "Cannabis".
NOTE: On May 22, 2008, the Second District of California Court of Appeals ruled that the state limits on medical marijuana possession and cultivation established under SB 420 are unconstitutional. The court's reasoning would seem to apply only when the SB 420 numbers are used to limit patients' rights, but has been interpreted otherwise by police who would prefer to ignore them. On January 21, 2010, the California Supreme Court in essence affirmed the ruling.
California NORML strongly advises Prop 215 patients to continue following the SB 420 guidelines – six mature or 12 immature plants and 8 ounces of processed marijuana except where local guidelines specify more. The Supreme Court’s recent Kelly decision has been widely misinterpreted to imply that the limits no longer apply, and that patients can therefore grow as much as they want. In fact, the Court’s decision lets the police arrest anyone who exceeds the guidelines, The only thing it disallows is for the guidelines to be used as a basis for conviction in criminal trials.
So, unless you don’t mind being arrested and dragged into court for a felony trial, where you will have to show that the amount of marijuana you had was consistent with your medical needs, the best rule of thumb is to follow the guidelines. The Kelly decision simply re-affirms the original intent of SB 420, which was to establish reasonable guidelines for arrest - not automatic limits for guilt.
Some doctors are charging clients extra for so-called "cultivation licenses" supposedly entitling them to grow more than the normal number of plants. There is no such thing as a "cultivation license" under California law. Any patient with a California physician's recommendation may legally cultivate or possess as much marijuana as they need for their own personal medical use, and no more. No physician can authorize them to cultivate more (they can only testify in court that a certain amount of marijuana is consistent with the individual patient's needs, and they do not have professional competence to prescribe plant numbers).
Below is the latest information CaNORML has about local guidelines; check with your local government entities for updates (and please let us know if this page needs to be updated). Localities NOT listed below adhere to CA state default guidelines of 6 mature OR 12 immature plants and 8 oz. of dried processed marijuana.
On 11/28/11, Amador county supervisors approved a 45-day ban on outdoor cultivation of medical marijuana and directed staff to come up with regulations to address impacts of outdoor grows. On 3/14/2012, Amador lifted its ban on outdoor cultivation, allowing as many as 12 plants per patient for as many as two patients for a maximum of 24 plants. An ordinance allowing those amounts was adopted on 3/27/2012 and is now Amador County Code 19.86. Read more.
On February 18, 2011, an ordinance took effect as muni code 17.65 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, but was unsuccessful, so the ordinance stands.
The Avenal Planning Commission passed an ordinance banning medical marijuana cultivation and distribution in the City of Avenal on March 3, 2014. The Avenal City Council will hold a public hearing on the ordinance on Thursday, March 13 at 6:00 p.m. in the Avenal Theater, 233 E. Kings Street, Avenal, California.
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.
In 2012, Arcata voters enacted a 45 percent tax on residences that use more than 600 percent of the energy baseline, with the aim of driving indoor grows out of the town. Read more.
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."
February 12, 2016 - Save Butte Growers Rights is collecting signatures on a referendum to repeal their county's new restrictive growing ordinance. They meet Mondays at 4PM in Chico. Contact: 530-895-9902. They are also working towards an initiative. A PAC, Butte County Citizens Against Irresponsible Government, is fundraising for the efforts.
On January 14, 2014, Butte County supervisors unanimously voted to limit marijuana gardens not by the number of plants but by square-footage.
Where the property is greater than a half-acre but less than five acres, the garden can be no larger than 50 square feet. On a parcel greater than five acres but less than 10, the garden must be no larger than 100 square feet. On land over 10 acres — no matter how much larger — the maximum garden size is 150 square feet. Supervisors also lifted the 1500-foot proximity requirement for people complaining about gardens. The ordinance amendments will come back before the board Jan. 28. If they pass that hurdle, it will come up for a final vote at the Feb. 11 meeting, which will be almost exactly one year after the existing ordinance was passed. If it is approved that time it will go into effect in March. Citizens are currently planning to put a medical marijuana cultivation initiative on the ballot in Butte.
Read more. Email for more info. See Butte County Citizens Against Irresponsible Government campaign website.
On December 10, 2013 Butte county supervisors passed three amendments to their medical marijuana cultivation ordinance. Two require each lot with a marijuana garden to have an occupied residence with water and sewage, all with proper permits. The third amendment increased the civil penalties for violations of the ordinance to $500 per day for the first violation and $1,000 a day for each subsequent violation. Read more.
See Butte's medical marijuana cultivation ordinance.
On November 12, 2013, the supervisors tightened their marijuana cultivation ordinance. One of the amendments requires that the official grower of a medicinal garden must live on the property in a legal residence with all the county-required permits in place. Read more.
On October 22, 2013, Butte county BOS heard a staff report on medical marijuana cultivation, recommending: requiring residency on properties with grows, upping fines to $500 a day for a first violation and $1000 a day for a second, and do away with immature plant allowances on parcels over 1.5 acres. New rules, if passed, would allow anyone to complain about gardens near schools, etc. or within 600 feet of a bus stop. Read more.
In June 2012, patient advocates won an important victory in Butte County, where voters rejected Measure A, which would have sharply restricted patients' right to cultivate on their own property, by 55%-45. However, Butte Supervisors then moved to enact an outdoor cultivation ban similar to Kings County, but scrapped the proposed ordinance after DA Mike Ramsey objected to it. Butte County Chief Administrative Officer Paul Hahn was instructed to work on a plan to establish an ad hoc committee on cannabis cultivation in Butte to develop a new proposal.
Also see Butte county DA guidelines.
On January 9, 2014, the city of Capitola will consider an urgency ordinance to disallow commercial cultivation of medical cannabis, allowing only 50-square foot indoor gardens in residential zones. Violators would face misdemeanor charges with 6 mos. in jail, and fines of $1000 per day. See agenda.
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.
Chowchilla Municipal Code 9.09.040 requires medical marijuana to be grown in an inspected "secure enclosed structure" with solid walls and roof, and not encompassing living space. The total area dedicated to cultivation of medical marijuana is be limited to a total of 120 square feet per parcel. Cultivation may only be conducted by the property owner of the subject property or a resident of the subject property with written permission of the property owner of the subject property to conduct cultivation. (Ord. No. 463-12, 8-14-2012)
September 27, 2013 - Clearlake city council passed a new ordinance, which is modeled on the cultivation ordinance adopted by the Lake County Board of Supervisors, which became effective Jan. 1, 2014.
The new ordinance prohibits cultivation within 600 feet of a school or licensed child day care center next year. The number of plants allowed is connected to parcel size, allowing no more than six plants on parcels smaller than a half acre and as many as 48 plants on properties 40 acres or larger. Processing of marijuana is to be limited to the amount of plants that can be grown on a given parcel. Grows on vacant lots are prohibited as is cultivation in mobile home parks – unless management has designated a specific garden area. Cultivation on multifamily and apartment properties also is prohibited. The ordinance also establishes setback and screening requirements.It is the city's intent to enforce the ordinance based on legitimate and verified complaints.
The Clovis City Council voted on October 8, 2012 to approve stricter rules for its 6-year-old medical marijuana ordinance, giving police the authority to direct valid medical marijuana users to grow the crop inside their home where it can't be seen or inside a locked structure on their property. Gardens are limited to 32 square feet. The ordinance will take effect 30 days from the vote. Clovis already bans outdoor marijuana gardens, dispensaries and patient-to-patient sales.
Colusa is considering banning outdoor growing. Read more.
Concord began looking at cultivation restrictions after a neighbor complaint about a medical marijuana grow. On December 11, 2012 Concord city council moved forward on an ordinance banning outdoor cultivation.
On March 26, 2013, Concord city council voted unanimously to adopt a ban on outdoor cultivation, not even allowing it an ancillary buildings, after winning assurances from the chief of police and city attorney that code enforcement would be complaint-driven. At the ordinance's second reading, zoning variances were discussed. Anyone interested in applying for a variance or who is impacted by Concord's ordinance can write here.
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.
El Dorado County
On September 24, 2013, El Dorado enacted a new cultivation ordinance.
Property of an acre, or less, is allowed 200 square feet of cultivation area. Five acres or more may use 400 square feet while 20 acres or more can have a maximum of 600 square feet under cultivation. Setbacks were established at 50 feet on the smaller plots and 100 feet on the 400 and 600 square foot units. Not more than three qualified individuals may participate per parcel under the ordinance.
Supervisors restricted the location of gardens to not less than 1,000 feet from a school, school bus stop, church or other “youth-oriented” facility. The property must be fenced and secured and the garden must be otherwise screened from view by additional fencing, plants or trees, buildings or other structures.
On January 22, 2014, Elk Grove staff asked for direction from the city council on their medical marijuana cultivation ordinance, in light of the Maral decision allowing total cultivation bans. The City Council directed the preparation of an ordinance prohibiting medical marijuana cultivation in the City. The video of the Council Meeting is available at www.elkgrovecity.org.
On February 8, 2012, the city council of Elk Grove voted to disallow medical marijuana cultivation outdoors or in a greenhouse, allowing it only inside a home or in a detached building outside. In the detached building, the grow area could be no more than 120 square feet. A 6-foot backyard fence must surround the site. Inside a home, medical marijuana can be grown in a 50-square-foot area, excluding the bathroom, kitchen or bedroom. Grow lights cannot exceed 1,200 watts; and use of gas products is prohibited.
Cultivation is barred within 1,000 feet of any school, child care center or public park, and the growing area may not be accessible to anyone 17 or younger. A ventilation and filtration system approved by the city's building official must be installed. A security system is required and also must be approved by the building official or police chief. A cultivation permit is required, good for two years, and the application for that must include the notarized signature of the property owner. Grow lights cannot exceed 1,200 watts; and use of gas products is prohibited.
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 says:
- Medical marijuana cannot be grown in a rental unit unless the tenant has the property owner's written permission.
- There must be no evidence of marijuana cultivation visible from the street.
- No more than 50 square feet of floor area may be used for cultivation.
- Cultivation is not permitted in the kitchen, bathroom, or primary bedrooms of a residence.
- Grow-lights cannot exceed 1,200 watts total and all electrical wiring must be installed and permitted in accordance with applicable Building Codes.
January 27, 2014 - Fremont is looking at banning outdoor medical marijuana cultivation. Read more.
On December 15, 2011, the city of Fresno enacted a 45-day moratorium on outdoor cultivation. In January 2012 it extended the moratorium for 10 months, through December 15, 2012. A permanent ban was enacted at the city council meeting on June 21, 2012. Read more.
A lawsuit challenging the City of Fresno’s temporary ban on the outdoor cultivation of medical cannabis was filed April 23, 2012. The second amended petition and complaint against Fresno’s outdoor growing ban was filed April 15, 2013, in Fresno County Superior Court. No trial date has been set. Read more.
On January 7, 2014, Fresno County voted to ban all medical marijuana cultivation in unincorporated areas of Fresno county. Violations are misdemeanor crimes, with daily fines, after an abatement order is sent to the property owner with a 15 day notice, or an "immediate threat" is determined. Read the ordinance.
CalNORML contacted county officials to let them know that we are challenging Live Oak's cultivation ban. We will know in the coming weeks whether or not the Court will take up our challenge; in the meantime Fresno sheriffs are already enforcing the ban in unincorporated areas of the county.
Glenn County supervisors passed Title 15, Section 797: guidelines for medical cultivation in the unincorporated areas, on February 21, 2012. It allows plants to be grown outdoors in a 100-square-foot area provided it is fenced and not visible to neighbors. Three-hundred foot and 1,000-foot setbacks from churches, schools and parks are required by the county depending on the size of the parcel. Personal gardens for medical marijuana patients are confined to property owned by the patient — not rentals.
In November 2012, Gustine passed an ordinance requiring growing inside a secure structure, up to 120 square feet per parcel. Smoking in public places is also disallowed.
Healdsburg city council considered banning outdoor cultivation at a June 3, 2013 meeting, but instead convened a task force on the matter. Read more.
On October 22, 2013 the Humboldt County BOS sent back to a sub-committe for drafting a proposal to extend the terms of the existing indoor cultivation ordinance to allow the same amount of cultivation outdoors on parcels from ½ acre to 5 acres without any permit or registration. Cultivation would be limited to 50 square feet and no more than 5 mature plants, and would be disallowed within 20 feet of any neighboring residence. This stated aim is to reduce the impacts of large grows in rural neighborhoods, while providing the assurance that a small but reasonable amount of cultivation shall not be considered a nuisance. This proposal does not attempt to address large grows on large parcels. Read proposal.
On March 5, 2013 the Humboldt Board of Supervisors announced a series of public meetings to discuss a proposed outdoor cultivation ordinance. This would replace the current county guidelines allowing patients 100 square feet with no plant number limit per Humboldt's 2004 ordinance.
On May 8, 2013, the Board referred the issue back to the MMJ Subcommittee (Ryan and Lovelace) to try to develop something that addresses only neighborhood impacts, ignoring the environmental harm being done in rural areas by larger grows.
On 12/14/2011, the Humboldt county passed an ordinance limiting indoor gardens to 50 square feet per parcel, and 1200 watts, regardless of the number of patients.
Both indoors and out, patients in Humboldt county are currently permitted 3 pounds.
The Cities of Fortuna and Eureka enforce SB 420 limits (6 mature/12 immature plants, 1/2 lb) indoors and out. Also see: Eureka and Arcata (above).
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. Read more.
An emergency ordinance disallowing more than 12 plants per parcel is in effect in Kern. Growing more than 12 plants per parcel in Kern county will be treated as a misdemeanor violation, with a possible 6 mos. or $1000 fine per plant, in addition to nuisance abatement costs.
A ban on outdoor medical marijuana grows was enacted by Kings county in November 2011. It states, "Cultivation of medical marijuana is prohibited in all zones of the county, except for cultivation for personal medicinal use by a qualified patient within a secured, locked and fully enclosed structure on their personal residence." Read King County's medical marijuana ordinance. (Search for "marijuana"; it's Article V.)
A group of citizens turned in 4,222 signatures, about 50 percent more than they need to qualify a measure to repeal Lake County's cultivation ordinance and set new rules. The measure is likely to be on the June ballot. Read more. If the measure qualifies, it will block implementation of the ordinance the BOS voted in last year.
On December 18, 2013, Lake County supervisors enacted a new ordinance, which applies only to the unincorporated areas of the county. It bans outdoor cultivation in community growth boundaries, maps of which can be found here. Plant numbers on parcels larger than one acre outside of community growth boundaries are limited to six mature or 12 immature plants.
On November 14, 2013 Lake County Planning Commission consided a new mmj cultivation ordinance. It voted to send the proposal to the Board of Supervisors. The ordinance prohibits outdoor cultivation altogether within community growth boundaries, limits indoor cultivation to 100 square feet with indoor lighting not to exceed 1,200 watts, and sets a cap of six mature or 12 immature plants on parcels larger than one acre located outside of community growth boundaries. It allows medical marijuana collectives comprised of Lake County residents to cultivate up to 48 mature or 72 immature plants on minimum 20-acre parcels in the agricultural zoning district, and prohibits outdoor cultivation within 1,000 feet of schools, parks, substance rehabilitation facilities, child care facilities or nursery schools, and churches. Read more.
Read Lake County's Medical Marijuana Cultivation Ordinance
On July 9, 2012, the Lake County board of supervisors passed a temporary ordinance allowing up to six mature plants on parcels smaller than a half acre. The amount increases with the acreage and is capped at 48 plants for cooperatives with access to more than 40 acres. It also includes buffers between pot plants and neighboring homes and fines and potential criminal proceedings for scofflaws. Lake county patients filed for a restraining order against the ordinance. A judge granted a TRO, for the plaintiffs in the case, and on August 17, granted a preliminary injunction blocking enforcement of the ordinance for the rest of 2012. On August 21, the Board unanimously voted to extend the ordinance through June (or July) 2014, so that it might affect future gardens. UPDATE: Marijuana lawsuit status update on hold after judge disqualifies self
On 5/21/2013, Lakeport city council passed a ban on outdoor cultivation, or cultivation in a residence, only 80 square feet of canopy in a secure, detached backyard building. It is "primarily" complaint driven. Read more. Also see: City of Lakeport begins community outreach on new marijuana cultivation ordinance
Lassen County Code 18.107.040 says, "The cultivation of marijuana as defined in Section 18.14.275 is prohibited in all zones and districts of the unincorporated areas of Lassen County and shall be considered a public nuisance unless said cultivation can be demonstrated to be for use only by a qualifying patient. (Ord. 575 § 3, 2010)....“Cultivation” means the planting, growing, harvesting, drying, or processing of cannabis/marijuana plants or any part thereof, whether indoors or outdoors. (18.14.275). Those in violation are guilty of a misdemeanor and subject to a $1000 fine and/or 6 months in jail, plus court costs. shall be punishable therefor by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment.
Live Oak (Sutter County)
A lawsuit was filed against Live Oak's ban on indoor and outdoor cultivation of medical marijuana, passed in December 2011. The Third District Court of Appeals upheld the city of Live Oak’s ban on medical marijuana cultivation on November 26, 2013. California NORML is supporting a court challenge to the Live Oak ruling.
Lodi City Council has extended its moratorium on medical marijuana cultivation through Nov. 5, 2014 (the last date it can do so).
City of Los Angeles
On May 22, 2013 the voters of LA approved Proposition D, which allows three-patient collective grows by patients or designated primary caregivers. No plant limits are stated; using the state guidelines, 18 mature plants for a three-patient garden would be permitted.
March 13, 2012 - Madera County voted to ban cultivation within 2,000 feet of a school or church and require caregivers & patients to live together. Under the ordinance, medical marijuana patients can grow the plants in a 100-square-foot room of a single-family home, or in a detached, enclosed structure on the property. Read more.
Manteca Health and Safety Code 8.35 requires medical marijuana to be grown in a "secure enclosed structure." No collective cultivation of over twelve plants is permitted in residential districts, and a cooperative or collective must file articles of incorporation with the state and "conduct its business for the mutual benefit of its members."
October 2013 - Mariposa County supervisors expect to vote on a proposal by the end of the year to limit each parcel to 12 plants and prohibit any outdoor grows within 1,000 feet of schools, bus stops, churches, parks, or youth oriented facilities. Violators could face fines of one thousand dollars per day and up to six months in jail. Read more.
October 2013 - Martinez public safety subcommittee may tackle medical marijuana cultivation issue
In January 2012, Mendocino rescinded its ordinance allowing for regulated 99-plant gardens. The maximum allowable indoor or outdoor garden in Mendocino county is now 25 plants per parcel; indoors, plants are also limited to 100 contiguous square feet. The sheriff's office still offers voluntary zip-tie permits for about $25 apiece. See the ordinance.
Merced county supervisors voted unanimously on September 10, 2013 to approve an ordinance that would limit medical marijuana cultivation to 12 plants per parcel of land, indoors or out. Violators will receive a 72-hour abatement notice and be subject to a misdemeanor charge possibly resulting in six months in jail and-or a $1,000 fine. An administrative appeal may be filed within 10 days after a notice to abate is served (sections 9.29.086 and 9.29.103). The ordinance took effect 30 days after its adoption.
March 13, 2012 - Modoc county voted to pass an emergency 45-day ordinance that limits cultivation to 12 plants per patient, and two patients per parcel. An area limitation of 20 square feet was struck from the ordinance.
The city of Moraga outlaws outdoor cultivation; indoor is allowed only if not visible. Read Chapter 7.32 of Moraga municode.
On May 8, 2012, Nevada county, to boos and jeers from locals, passed two ordinances (urgency and regular) regulating indoor and outdoor medical marijuana cultivation in Nevada county. Premises in rural zones AG, AE,FR, or TPZ less than 2 acres are limited to 100 contiguous square feet of indoor cultivation area or 150 contiguous square feet of outdoor cultivation. Larger parcels can grow more. CalNORML legal committee attorney Jeffrey Lake is filing an injunction against Nevada county's ordinance, with support from a forming ASA Nevada County chapter. Plaintiffs are being sought, write here.
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. See Oakland Municipal Code 5.81.101
On February 21, 2012, the Orland city council voted to prohibit the cultivation of medical marijuana within 300 feet of any hospital, church, school, park or playground, or any other area where large numbers of minors congregate. Grows are limited to 50 square feet per parcel and must be in a detached building with locking doors and a security system, on property that is the patient's or main caregiver's primary residence.
The cultivated marijuana must be used by the patient and cannot be distributed, sold or given to other parties or organizations. Outdoor cultivation is banned along with growing it inside a residence. If it is in a greenhouse, it must be surrounded by a solid 6-foot high fence.
Wherever possible, there should be a 10-foot setback from the property line on the side and rear yards and any other building on the parcel. The plants cannot be grown in front yards.
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.
In December 2013, Porterville city council looked at an update on medical marijuana regulations and local law, including the possibility of a total ban on cultivation. No action was taken on the item. Staff was directed to bring back more information, so it will come back to Council at some point.
In November 2010, Rancho Cordova passed a medical marijuana tax measure that Cal NORML strongly opposed as excessive: Measure O (56%-44%) would require all marijuana grows to pay $600 per square foot for up to 25 square feet of growing space.
Chapter 6.90 of Rancho Cordova city code limits cultivation to 25 square feet of growing space, requires fencing, prohibits sales, and requires taxes. Indoor cultivation over 25 square feet is allowed with a doctor's recommendation and inspection by the building code enforcement department. Odors, excessive noises, and repeated incidents can deem gardens a public nuisance.
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.
On October 31, 2012 a ban on outdoor growing in Roseville took effect.
City of Sacramento
On November 20, 2012, the City of Sacramento adopted a compromise personal use medical cannabis cultivation ordinance. It bans outdoor cultivation but alternative structures are acceptable if compliant (secure locked door; solid, non-transparent, not-easily-penetrated walls and roofs; and odor-free--all conditions met by a secure greenhouse system). It includes: 400 square foot allowance for personal cultivation; 3800 watts artificial light; and requires no special registration or permit for personal use cultivation; rather, complaint-driven enforcement.
CalNORML would like to see a hardship exemption added to any city's ordinance that precludes outdoor cultivation. We do not support blanket outdoor cultivation bans, certainly not in whole counties, or rural areas. Any patient who is impacted by planned or existing local ordinances can write to CalNORML. One option would be to apply for a variance to the zoning code, either before growing or at the time of a complaint.
On December 6, 2011, the Sacramento County supervisors passed an ordinance that zones out anything that is federally illegal. Crackdowns on all medical marijuana dispensaries in unincorporated areas of the county followed. CalNORML has heard mixed reports on how this is impacting cultivation in Sacramento county.
8/13 - We're getting reports that Sacramento sheriffs are visiting gardens without warrants and citing some nonexistent 3-month-old law that outlaws growing. Anyone who has had such a visit should contact Ron at Sacramento NORML (916) 905-4203.
San Bernardino County
County code 82.02.070 outlaws outdoor cultivation in unincorporated areas of San Bernardino. A lawsuit has been filed against the ordinance, based on CEQA. The case was denied, and is being appealed (10/13). Read more.
City of San Carlos
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.
City of San Diego
City Municipal Code allows up to 1 lb of marijuana, 24 plants in 64 square feet indoors; no outdoors growing except in "a fully enclosed yard with a minimum six foot fence perimeter or a greenhouse or structure that must be locked or contained."
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.
City of San Mateo
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.
San Mateo County
San Mateo County's municipal code requires licensing and puts other restrictions on collective grows (needs secure structure, etc.); Chapter 5.148.080 says:
This chapter does not apply to individual cultivation of marijuana for consumption or use of an individual at his or her residence, or for consumption by another individual or individuals regularly residing at said residence, if such consumption is otherwise permitted by state law.
City of Santa Cruz
The City of Santa Cruz has an ordinance recognizing "growing certificates."
Santa Cruz County
On December 10, 2013, Santa Cruz county Supervisors approved new cultivation rules as an effort to push large-scale operations out of the residential neighborhoods and into the hills. They limit personal medical marijuana grows to 100 square feet, but allow up to 3,000 square feet in rural areas, depending on the size of the property. Read more.
On September 24, 2013, Santa Cruz county considered a new ordinance, limiting parcels to 1000 plants unless a variance is granted, and disallowing outdoor cultivation within 600 feet of schools. It took no action that day, and on October 29, assigned the issue to a task force, possibly including representatives from the county agriculture department; UCSC; the Association of Standardized Cannabis, a local industry group; the Santa Cruz County Farm Bureau and more.
Right now, 100 sq.ft. canopy and up to 99 plants is allowable under county guidelines, for a patient or a bone fide caregiver.
On October 16, 2013, Selma city council passed an ordinance disallowing outdoor medical marijuana gardens. For indoor gardens, a permit from the Community Development Director must first be obtained, and the cultivation must take place in a residential zone. Cultivation in the residential building is restricted to 50 square feet; it must be done in a secure area with a separate ventilation system. Any detached structure used for cultivation must be secured and approved by the Community Development Director and limited to a maximum area of 100 square feet. The structure must comply with all building standards, be set back at least 10 feet from any other building or property line and be located at least 1,500 feet from any child care center, public park or school. Anyone who violates the ordinance could be charged with a misdemeanor, which is punishable by up to six months in jail and a $1,000 fine. Read more.
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.
Sungrown in Shasta and other grassroots groups, aided by pros from the California Cannabis Coalition, turned in an estimated 13,080 signatures on February 27, 2014 to repeal the outdoor ban in Shasta. The county clerk's office (which reports they are having trouble processing the number of voter registrations they've received) has 60 days to verify the signatures.
On January 29, 2014, Shasta County voted to ban all outdoor cultivation, allowing only indoor cultivation of 12 plants or fewer. The new ordinance was set to take effect in 30 days but now is on hold because the the referendum. Read more.
On December 12, 2013 Shasta County planning commission tentatively approved an ordinance recommendation to limit mmj cultivation to 12 plants per parcel, and allow outdoor cultivation only on parcels 20 acres or larger. The commission is proposing the BOS hold a hearing. Read more.
On September 17, 2013 Shasta county heard public comments on an ordinance proposal that would possibly ban outdoor cultivation. Southern Shasta County's supervisor, Les Baugh, sent around a nasty email regarding the meeting.
No action was taken other than a directive to look further at the ordinance. Read more.
On January 15, 2013 Shasta county supervisors considered a resolution banning outdoor growing. To their credit, and owing to citizen action, the Shasta Board has established a medical marijuana advisory committee,. Read more.
In the meantime, as confirmed by the Resource Management department on 4/10/13, the 2011 ordinance is in effect. See the ordinance, plus a fact sheet and FAQ.
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.
UPDATE 9/12 - On Sept. 4, 2012 the Shasta Lake City Council had a first reading of amendments to their ordinance, striking a registration program for larger gardens, citing the Pack case and saying they hadn't had any requests for such permits. Their next regularly scheduled meeting is Sept. 18; the agenda is not yet posted.
On February 18, 2014 the Siskiyou County Board of Supervisors was presented with a proposed ordinance that would limit medical marijuana cultivation to 100 square feet per parcel, regardless of the number of patients on the land. Fencing, setbacks, lack of proximity to sensitive use areas, and permission of the landowner are all required. The ordinance can be voted on at an upcoming meeting.
Guidelines permit 3 lbs for possession; maximum 100 square feet cultivation area with 30 plants or fewer (approved Sept 2006). In 2011, the BOS has commissioned a study to recommend options for cultivation regulations.
On Tuesday, December 11, 2012, the BOS considered and rejected a motion to repeal the county's medical marijuana ordinance, reverting to state cultivation guidelines.
On December 12, 2012, St. Helena passed an ordinance (Chapter 9.18) banning outdoor cultivation.
On Sept. 25, 2013 Sutter County passed the first reading of an ordinance that says marijuana may not be cultivated within 2,000 feet of any school, school bus stop, school evacuation site, church, park, child care center and youth-oriented facilities. On parcels less than one acre, the cultivation area must be set back at least 100 feet from each property line or must be cultivated in a detached, fully enclosed and secure structure that has a ventilation and filtration system. On parcels between 1 and 160 acres, the setback requirement is 500 feet. On parcels greater than 160 acres, the setback requirement is 1,000 feet. All gardens must be registered with the Development Services Department. Read more.
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. Registration is required. Fines for violations start at $100/day and escalate to $500 with repeat offenses. Read the ordinance.
Tehama County Board of Supervisors has adopted an ordinance that declares it a public nuisance for anyone cultivate over 12 mature or 24 immature plants on parcels of less than 20 acres. The Tehama ordinance bans any cultivation whatsoever within 1,000 ft of a school, and requires every landlord to register any Prop 215 garden with the Tehama County Health Services Agency. The ordinance allows hardship exemptions to a requirement that gardens be 100' from property lines. On February 6, 2013, the Third District Appellate Court ruled in favor of Tehama's ordinance.
On September 19, 2013, Tehama BOS granted two hardship exemptions to their ordinance; the sheriff pulled a third and 11 were denied.
Tracy municipal code section 10.08.3196 disallows all medical marijuana dispensaries and cultivation. This is in direct violation of state law. If you are a Tracy resident who would like to challenge this ordinance, write here.
Trinity County passed county code 8.55 in June 2012 that limits personal gardens, indoors or outdoors to:
1) For parcels of one acre or less, two marijuana plants or 50 square feet;
2) For parcels between one and 2 acres, four plants or 100 square feet;
3) For parcels between 2 acres and five acres, six plants or 200 square feet;
4) For parcels between five and ten acres, six plants or 300 square feet;
5) For parcels of ten acres or greater, eight plants or 400 square feet
Trinity Planning Commission approved an aggregate grow ordinance on July 12, 2012 that would allow up to 99 plants within 2500 square feet, if properly zoned with a residence on the property, etc. However, this was not approved by the Board of Supervisors and is not law.
Attorney Matt Kumin sought an injunction against the County's restrictions on plant numbers on behalf of a patient with cancer. The court ruled that the county was not liable because the patient had not applied for a variance under Trinity County's zoning code.
9/13 - We are now hearing of Trinity county enforcement teams out in Trinity Pines area. Those aggrieved by the ordinance are advised to seek legal counsel and possibly apply for a zoning variance through the planning dept.
On December 17, 2013, Tulare county adopted a "wish list" of requirements it would like to see for medical marijuana. The board will take on the harder process of what more specific regulations the county could impose on medical marijuana in January. Restrictions on cultivation sites, including banning the growth of medical marijuana outdoors are limitations the board will consider in January. Read more.
Also see: County needs one marijuana ordinance
UPDATE 10/13 - A variety of proposed medical marijuana policy changes were discussed at the Board of Supervisors meeting on 10/22/13, with the board voting to move ahead with a proposal to ban storefront and mobile dispensaries and collective grow sites. Only individual grow sites will be allowed, and those will come with restrictions. Although the exact number of plants that will be allowed was not decided, six or eight plants seemed to be the general consensus. This will limit the number of plants allowed per parcel.
The individual grow site will need to be a structure that is connected to the main structure; it cannot be a separate structure out in a field, for example. The structure will need to be covered, locked and secure, keeping from sight any plants and reducing the odor of marijuana. There was discussion about creating a residency requirement, so that only residents of the county or homeowners will be able to receive a permit. Read more. Read agenda packet.
Chapter 11 of existing Tulare County code requires marijuana be grown "within a secure, locked, and fully enclosed structure" whose exterior is "compatible with the exterior appearance of structures already constructed or under construction within the immediate area" and has an alarm system and exterior lighting. Collectives may grow up to 99 plants within proper zoning; otherwise up to 24 plants at 6 mature or 12 immature plants per patient for only 2 patients. Patients may smoke "only entirely within a private residence or on the premises of a private residence but out of public view." Violations are criminal misdemeanors.
UPDATE 5/12 - Tulare County has voted to streamline the administrative process
dealing with medical marijuana compliance, so cases can be handled in 30 to
45 days as opposed to the current 120 to 180 days. Under the new procedures, when a citizen files a complaint with the county about a code violation, the alleged violator will be given a 10-day notice to bring the property into compliance. If the matter is not addressed, the violator could be assessed a $765 fee to place the matter on the administrative hearing agenda, along with a daily fine of $100 per day, per violation.
On December 17, 2013, the Tuolumne County Supervisors voted unanimously to send a proposed medical marijuana ordinance to the Planning Commission for review and recommendation. The ordinance would amend the existing zoning code regarding medical marijuana. It would prohibit medical marijuana dispensaries, medical marijuana collectives and outdoor cultivation of medical marijuana. It would also place regulations on indoor cultivation. Some of those restrictions would include limiting the space to grow plants to 32 square feet and allowing three pounds of processed pot to be stored. Read more.
Visalia city code 8.64.040 disallows cultivation in Single Family Residential Zones (R-1 Zones) or the Agricultural Zone (A Zone). Cultivation must occur "within a fully enclosed and adequately secured building". The total area dedicated to cultivation is limited to a total of 100 square feet per parcel, and any person cultivating between 10 and 100 square feet of medical marijuana "shall request and obtain a code compliance inspection no less than every three months consistent with this subsection. (Ord. 2011-10 § 6, 2011; Ord. 2005-19 § 2 (part), 2005)
A public hearing will be held on January 15, 2014 on an outdoor cultivation ban in West Sacramento. Read more.
A temporary moratorium on outdoor cultivation is in effect.
Woodlake City Council voted on July 9, 2012 to adopt an ordinance allowing individuals to grow up to four plants without registering with City Hall in a locked and fully enclosed structure. Outdoor cultivation is prohibited. Any more than four at a single location would require the patient or caregiver to pay fees for a code compliance inspection every three months. Those individuals are also required to display proof of the inspection at all times and be prepared to provide proof of inspection upon request. An individual with a code compliance inspection is allowed to cultivate up to six mature plants or 12 immature plants.
The ordinance limits the maximum number of marijuana plants per collective or cooperative to 24 on property zoned residential and 48 plants on property zoned light industrial if they have enough eligible members to justify that number; no sales or payment of employees is allowed under the ordinance. Cultivation is not allowed in multi-family residential or commercial zones.
An ordinance taking effect May 17, 2012 prohibits outdoor cultivation of medicinal marijuana within a residential zone or 600-feet of a school. Indoor gardens are limited to 50 square feet. Read more.
Medical marijuana grow measure wins OK from Yuba supes (12/11/12)
See Yuba county staff report and ordinance.
City of Yuba
Yuba City council has enacted a temporary medical marijuana ordinance that allows for personal cultivation within 75 square feet in residental areas, only in a detached structure that has been registered with the city, and not within 750 feet of a school, etc. Read the ordinance.
Yuba will hear a new ordinance on 5/7/2013. They want to add registration requirements, plus security fences and carbon infiltration systems.
State Guidelines Under SB 420 (Health & Safety Code 11362.7)
H&SC 11362.77(a). A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.
H &SC 11362.77 (b) If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.
H&SC 11362.77 (d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.
State law, SB 420 (Health & Safety Code 11362.7), which took effect on Jan. 1, 2004, protects Prop. 215 patients from arrest provided they cultivate no more than 6 mature or 12 immature plants and possess no more than 8 ounces of dried marijuana (H&SC
Counties and cities are authorized to establish higher (but not lower) limits if they wish (H&SC 11362.77(c)). Listed above are those localities that have adopted limits above the state limit.
Patients who need more marijuana can be exempted from these limits if they obtain a physician's statement specifying that they need more (H&SC
11362.77(b)). While police are often reluctant to recognize such exemptions, they are helpful in court.
Despite supposed protections of SB 420 and Prop 215, patients may still be arrested if law enforcement suspects they are outside the law, for example, by being involved in illegal sales or distribution, or growing plants with excessive yields.
In general, the state Attorney General has given local authorities discretion in how they enforce Prop. 215, as explained in a letter to local law enforcement officials.