Chapter 8.60 — PERSONAL CULTIVATION AND USE OF CANNABIS

Sections:

8.60.010 Purpose

8.60.020 Definitions

8.60.030 Commercial Non-Medical Cannabis Activities Prohibited

8.60.040 Personal Cultivation and Personal Use Generally Prohibited

8.60.050 Personal Cultivation Restrictions

8.60.060 Personal Cultivation Permit Applications

8.60.070 Personal Cultivation Permits

8.60.080 Personal Use Restrictions

8.60.090 Enforcement

The purpose and intent of this Chapter is to regulate the personal cultivation and use of cannabis in the City in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City does not intend to infringe upon any right given to individuals by the State, but rather wishes to regulate these activities to protect the health and safety of the community due to the significant dangers posed by unregulated cultivation and use of cannabis in the City. The City is authorized to regulate these activities pursuant to the AUMA and Health and Safety Code Section 11362.2.

[Ord. No. 555, 10/26/16.]

For purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.

A. "Accessory Structure" means any fully enclosed and secure structure on the same parcel as a primary residence, such as a greenhouse or a shed.

B. "AUMA" means the Control, Regulate and Tax Adult Use of Marijuana Act approved by California voters as Proposition 64 on November 8, 2016,

C. "Cannabis" also means "marijuana" and shall be defined in accordance with the AUMA, Health and Safety Code Section 11018, and other applicable State laws.

D. "Cannabis products" also means "marijuana products" and shall be defined in accordance with the AUMA and other applicable State laws.

E. "Commercial non-medical cannabis activities" includes any non-medical cannabis activities (such as the cultivation, manufacturing, distribution, transportation, testing, dispensing, delivery, sale, use, storage, marketing, processing, or packaging of non-medical cannabis and non-medical cannabis products) except for personal cultivation and personal use only as permitted by both, the AUMA and this Code.

F. "Cultivation" shall be defined in accordance with the AUMA, the. MCRSA, Business and Professions Code Section 19300.5, and other applicable State laws.

G. "Cultivation Area" means a fully enclosed and secure area used for personal cultivation within a building, greenhouse, or other structure that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, is not accessible by minors, provides complete visual screening, and is accessible only through one or more Iockable points of entry. Cultivation areas may only exist inside of private residences and accessory structures.

H. "Indoors" means within a fully enclosed and secure structure.

I. "MCRSA" means the California Medical Cannabis Regulation and Safety Act.

J. "Medical cannabis" also means "medical marijuana" and shall be defined in accordance with the MCRSA, Business and Professions Code Section 19300.5, Health and Safety Code Section 11018, and other applicable State laws.

K. "Minors" means anyone under the age of twenty-one (21) or otherwise prohibited from possessing or using cannabis pursuant to the laws of the City or the State.

L. "MMRSA" means the California Medical Marijuana Regulation and Safety Act.

M. "Outdoors" means any location within the City that is not within a fully enclosed and secure structure.

N. "Personal Cultivation" means the personal non-commercial cultivation of cannabis by an individual twenty-one (21) years of age or older for personal use in a proper cultivation area. Personal cultivation shall include the non-commercial actions of planting, growing, harvesting, drying, and processing cannabis for personal use. All personal cultivation shall be subject to the regulations imposed by the AUMA and this Code.

O. "Personal Cultivation Permit" means a City permit to cultivate cannabis for personal use pursuant to the terms and conditions of this Chapter and the conditions of approval for the permit.

P. "Personal Cultivation Permitee" means an applicant who has applied for and has been issued a personal cultivation permit by the City pursuant to the terms and conditions of this Chapter.

Q. "Personal Use" means the smoking, consumption, or ingestion of cannabis or cannabis products by an individual twenty-one (21) years of age or older. Personal use includes cannabis consumption by means of vaporizers and electronic cigarettes.

R. "Private Residence" means a house, apartment unit, condominium, mobile home, or other similar dwelling.

S. "Smoke" and "Smoking" mean to inhale, exhale, burn, or carry a lighted or heated device or pipe, pr any other lighted or heated cannabis or cannabis product intended for inhalation, Smoking includes the use of an electronic device that creates an aerosol or vapor.

[Ord. No. 555, 10/26/16.]

All commercial non-medical cannabis activities within the City are prohibited except in full compliance with all applicable requirements of Chapter 17.80 of this Code.

[Ord. No. 555, 10/26/16; Ord. No. 650, Section 7, 5/8/24.]

All personal cultivation and personal use of cannabis within the City is prohibited except as expressly permitted by this Chapter.

[Ord. No. 555, 10/26/16.]

Personal cultivation of cannabis is conditionally permitted in the City only as expressly specified in this Chapter.

A. Personal cultivation requires a personal cultivation permit.

B. Personal cultivation may only occur indoors within private residences and accessory structures. No personal cultivation of cannabis shall occur outdoors. There shall be no visible exterior evidence of any personal cultivation activity from any publicly accessible area or right-of-way.

C. Personal cultivation is only allowed within a fully enclosed and secure area that is inaccessible to minors, regardless of whether the location is frequented of occupied by minors. Entrance to the cultivation area, and all cannabis storage areas, shall be locked at all times, and under the control of the personal cultivation permitee.

D. All cannabis produced by personal cultivation, or available for personal use, shall be kept in a secured manner that is inaccessible to minors.

E. All cannabis products and paraphernalia shall be kept in a secured manner that is inaccessible to minors.

F. Personal cultivation shall only include the non-commercial actions of planting, growing, harvesting, and dry-processing cannabis.

G. Personal cultivation shall not include mamifacturing, extractions, use of chemicals, or volatile processing.

H. All personal cultivation must occur in a single contiguous cultivation area per parcel of real property.

I. Any parcel of real property upon which personal cultivation occurs shall not contain more than six (6) cannabis plants at any time, regardless of the maturity of the plants and the number of occupants, private residences, or accessory structures present on the parcel.

J. Cannabis plants inside of private residences shall not exceed five (5) feet in height when measured from the floor to the top of the plant.

K. Cannabis plants inside of accessory structures shall not exceed seven (7) feet in height when measured from the floor to the top of the plant.

L. Cannabis plants inside of private residences shall not occupy more than twelve (12) square feet of contiguous floor space.

M. Cannabis plants inside of accessory structures shall not occupy more than twenty-four (24) square feet of contiguous floor space.

N. All cultivation areas shall contain a readily accessible and operational fire extinguisher in the immediate area where the personal cultivation activities occur.

O. Personal cultivation shall not occur in violation of any building code standards pursuant to State law, the Health and Safety Code, the California Building Standards Code, the California Code of Regulations, the Adelanto Municipal Code, or any other applicable codes.

P. Generators shall not be used to support any personal cultivation activities.

Q. Personal cultivation shall not adversely affect the health or safety of the community or nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other nuisances, and shall not be hazardous due to use or storage of materials, processes, products, or wastes.

R. Cannabis odor shall not be detectable outside of the cultivation area.

S. Personal cultivation shall not involve the increase of natural environmental humidity to support plant growth unless done in sealed container so as to prevent mold growth.

T. Personal cultivation shall not occur on City property or any other public lands. Personal cultivation may only be conducted with the express written notarized permission of the owner of the land and the structure being used for personal cultivation.

U. Cannabis produced by personal cultivation may only be used or given away to persons twenty-one (21) years of age or older, who are otherwise permitted by law to possess and use cannabis.

V. Cannabis produced by personal cultivation may only be given away to an individual in an amount of up to 28.5 grams of non- concentrated cannabis, or eight (8) grams of concentrated cannabis, once per month.

W. Cannabis produced by personal cultivation may not be sold or given away for any compensation whatsoever.

X. All cannabis related waste shall be destroyed or disposed of in a secure manner in compliance with all State and local laws so as to prevent access by minors.

Y. The City Manager, the City Manager's designee, the City's Code Enforcement Manager, the City's Building Official, the Fire Department, and law enforcement have the legal authority and right to enter and inspect the cultivation area upon reasonable demand to protect the health and safety of any occupants, neighbors, and the public. Authorized purposes for inspection of the cultivation area under this Chapter include, but are not limited to, observing and enforcing compliance with this Chapter, the Health and Safety Code, the California Building Standards Code, and all other applicable laws of the City and the State. Refusing consent to an inspection under this Chapter shall constitute grounds for obtaining an inspection warrant and for revocation of any related personal cultivation permit.

[Ord. No. 555, 10/26/16; Ord. No. 561, Section 2, 4/12/17.]

All applicants wishing to obtain a personal cultivation permit from the City must file an application to the City upon a form provided by the City. An application for a personal cultivation permit shall include at least the following information:

A. The address of the location for which the personal cultivation permit is sought. Only one (1) personal cultivation permit will be issued per location.

B. The names, ages, and addresses of all owners, lessors, and occupants of the parcel of real property for the proposed personal cultivation site.

C. Proof that the applicant is a lawful occupant of the parcel of real property for the proposed personal cultivation site.

D. The application must be accompanied by a certified grant deed to the parcel for the proposed personal cultivation site showing the name of the legal owner.

E. If the applicant is not the legal owner of the parcel for the proposed personal cultivation site, the application must also be accompanied by a notarized acknowledgment from the legal owner authorizing personal cultivation to occur on the parcel.

F. Evidence that the cultivation area will be located in a legal structure that is compliant with all applicable State and local laws.

G. Authorization for the City Manager, the City Manager's designee, the City's Code Enforcement Manager, the City's Building Official, the Fire Department, and law enforcement to enter and inspect the cultivation area at any time upon twenty-four (24) hours advance notice for the purpose of making reasonable inspections to observe and enforce compliance with this Chapter, the Health and Safety Code, the California Building Standards Code, and all other applicable laws of the City and the State.

H. Any such additional and further information as is deemed necessary by the City Manager's designee to administer this Chapter.

I. Authorization for the City Manager's designee to seek verification of the information contained in the application.

J. A statement in writing by the applicant that the applicant certifies under penalty of perjury that all the information contained in the application is true and correct.

[Ord. No. 555, 10/26/16.]

The following conditions apply to each personal cultivation permit:

A. Except for individuals who qualify for an indigent waiver, each personal cultivation permitee must pay a personal cultivation permit fee in an amount to be established by resolution of the City Council to offset the cost to the City of administering this Chapter as a prerequisite to obtaining the personal cultivation permit.

B. The City Manager's designee shall establish qualifications for an indigent waiver of the personal cultivation permit fee ("indigent waiver"). Qualifying individuals shall obtain the indigent waiver from the City Clerk. An indigent waiver shall entitle a qualifying individual for either a reduction or a complete waiver of the personal cultivation permit fee according to the criteria established by the City Manager's designee.

C. A personal cultivation permit will not be awarded or renewed if:

1. The applicant made one (1) or more false or misleading statements or omissions in the application or during the application process.

   2. The proposed personal cultivation activity would violate State or local law.

   3. The applicant does not have legal authority to engage in personal cultivation at the proposed personal cultivation site.

   4. The applicant has not satisfied each and every requirement of this Chapter.

   5. The applicant has had a previous personal cultivation permit revoked.

   6. The applicant has not maintained compliance with each and every requirement of this Chapter prior to renewal.

D. Only one (1) personal cultivation permit may be possessed or used by the same person.

E. Personal cultivation permits may only be issued for private residences and accessory structures, and only one (1) personal cultivation permit may be issued per parcel.

F. Personal cultivation permits are subject to any additional conditions that may be applied by the City at the time of issuance or renewal as necessary to properly regulate the activity and protect the public.

G. Within ninety (90) days of obtaining a personal cultivation permit, the cultivation area must be inspected and approved by the Building Official, the Fire Department, Code Enforcement, and law enforcement.

H. Personal cultivation permitees shall keep the City and law enforcement updated with the names, ages, and addresses of all occupants, lessors, and owners of the personal cultivation site.

I. Personal cultivation permits shall expire and become null and void twelve (12) months after issuance unless properly renewed, Prior to renewal, all applicable personal cultivation permit fees must be paid, and the cultivation area must be inspected and approved by the Building Official, the Fire Department, Code Enforcement, and law enforcement.

J. Personal cultivation permits issued pursuant to this Chapter are not transferable to any third parties under, any circumstances.

[Ord. No. 555, 10/26/16.]

Personal use of cannabis is conditionally permitted in the City only as expressly specified in this Chapter.

A. Only individuals who are twenty-one (21) years of age or older shall be permitted to possess, use, smoke, inhale, ingest, or consume cannabis or cannabis products. No individual under twenty-one (21) years of age shall possess, use, smoke, inhale, ingest, or otherwise consume cannabis or cannabis products.

B. Only individuals who are twenty-one (21) years of age or older shall be permitted to possess or use cannabis accessories and paraphernalia.

C. All cannabis, cannabis products, cannabis paraphernalia, and cannabis accessories must be stored in a secure location that is inaccessible to minors except during lawful personal use.

D. No person shall attempt to sell, offer to sell, sell, furnish, administer, distribute, dispense, or give away any cannabis or cannabis products for any compensation whatsoever unless done so pursuant to a valid commercial seller's permit issued by the City.

E. No person shall attempt to sell, offer to sell, sell, furnish, administer, distribute, dispense, or give away any cannabis or cannabis products to any person under twenty-one (21) years of age under any circumstances.

F. Personal use of cannabis shall only be permitted inside of private residences or in dedicated well-ventilated cannabis smoking lounges as approved by the City. Cannabis and cannabis products shall not be smoked, inhaled, ingested, consumed, or otherwise used in the presence of minors, outdoors, in any public place, at any place of business except dedicated well-ventilated cannabis smoking lounges as approved by the City, while trespassing on private lands, or in any location where smoking tobacco is prohibited.

G. Personal use of cannabis shall not adversely affect the health or safety of the community or nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other nuisances, and shall not be hazardous due to use or storage of materials, processes, products, or wastes.

H. No cannabis odor shall be detectable outside of permissible personal use areas.

I. No person shall operate a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation while using or under the influence of cannabis.

J. No person shall possess an open container or open package of cannabis or cannabis products while driving, operating, or riding in a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

K. No person shall possess more than 28.5 grams of non-concentrated cannabis, or eight (8) grams of concentrated cannabis, on their person at any time unless done so pursuant to a valid permit issued by the City.

L. All cannabis, cannabis products, cannabis byproducts, and related waste shall be disposed of in a secure manner as to prevent access to minors in compliance with all State and local laws.

[Ord. No. 555, 10/26/16.]

A. The City does not assume any liability, and expressly does not waive sovereign immunity, with respect to any personal cultivation or personal use activities.

B. Any cultivation or use of cannabis within the City in violation of this Chapter is hereby declared to be unlawful and a public nuisance.

C. Any party who engages in a violation of this Chapter, or who owns, possesses, controls, or has charge of any parcel of real property in the City upon which a violation of the Chapter is maintained, shall be subject to the penalties and remedies provided by this Chapter.

D. Any violation of this Chapter shall constitute a separate offense for each and every day the violation occurs or persists.

E. Any person in violation of any provision of this Chapter shall be guilty of a misdemeanor and shall be punishable by a fine of up to $1,000 and up to six (6) months imprisonment per offense per day.

F. Any person in violation of any provision of this Chapter shall be punishable by an administrative fine of up to $1,000 per offense per day.

G. Each parent or legal guardian of any minor acting in violation of this Chapter shall be jointly and severally liable for said violation.

H. The City may levy a special assessment against any parcel of real property in violation of this Chapter to recover administrative fines and all related City costs including, but not limited to, staff costs, inspections costs, enforcement costs, administrative overhead, administrative hearing costs, attorneys' fees, prosecution costs, court costs, legal fees, and any other related costs. The special assessment may also be recorded against the nuisance property. If a tenant, as opposed to a property owner or landlord, is acting in violation of this Chapter, the owner or landlord shall be given notice of the violation and shall have a period of seven (7) days to initiate eviction proceedings against the tenant. If the owner or landlord fails to initiate eviction proceedings within seven (7) days, or fails to diligently prosecute the tenant's eviction, the owner or landlord shall become collaterally liable for any administrative fines, which may then be collected as a special assessment against the parcel of real property.

I. At the discretion of the City Manager's designee, any person issued an administrative fine for any violation of this Chapter may elect to participate in a voluntary community service diversion program ("community service program") as an alternative to paying any administrative fines incurred. The community service program shall be administered by the City Manager's designee. Any individual wishing to. participate in the community service program must first obtain the approval of the City Manager's designee before commencing participation. A participant in the community service program shall be granted a credit of $25 per hour worked (as verified by the City Manager's designee) toward the balance of their administrative fines owed to the City.

1. At the discretion of the City Manager's designee, a parent or legal guardian that has been issued an administrative fine based

upon joint and several liability for any violation of this Chapter caused by their minor child may elect to require the minor to participate in the community service program. In such circumstance, the parent or legal guardian shall participate in the community service program along with the minor. Each parent or legal guardian shall be responsible for the safety of the minor while participating in the community service program. The parent or legal guardian and the minor shall each be granted a credit of $25 per hour worked (as verified by the City Manager's designee) toward the balance of the administrative fines owed to the City.

J. Any violation of this Chapter, or any other City or State cannabis law, by a personal cultivation permitee is grounds for revoking the personal cultivation permitee's personal cultivation permit.

1. Any decision regarding the revocation of a personal cultivation permit may be appealed to an independent neutral third party

administrative hearing officer appointed by the City Manager's designee ("hearing officer"). Said appeal shall be made by a written notice of appeal from the person appealing within ten (10) days from the date of the personal cultivation permit revocation order. The appeal shall be accompanied by a written verified declaration setting forth the basis for the claim that the personal cultivation permit was improperly revoked.

2. Upon receipt of the appeal, the City shall schedule an administrative hearing to occur within ninety (90) days. The City shall

provide ten (10) days advance notice of the date, time, and location of the administrative hearing to the appellant. The hearing officer's decision shall be final and binding upon the City and the appellant.

3. The costs of the administrative hearing shall be borne by the non-prevailing party.

4. Failure to properly appeal the personal cultivation permit revocation as required herein, or to appear at the properly noticed

administrative hearing, shall constitute a waiver of the right to contest the permit revocation, a failure to exhaust the available administrative remedies, and a bar to any further appeals of the permit revocation.

K. These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City.

[Ord. No. 555, 10/26/16.]