Angels Camp Municipal Code Ch. 8.27 Medical Marijuana Cultivation

A. In enacting this chapter, the city council hereby finds and determines as follows:

1. In 1996, California voters approved Proposition 215, the Compassionate Use Act
("CUA"), followed by the Congressional enactment of Senate Bill 420, the Medical
Marijuana Program Act ("MMPA") in 2004, both codified as California Health and
Safety Code Sections 11362.7 through 11362.83.

2. The CUA and MMPA regulate medical marijuana and create a limited exception from
criminal liability for seriously ill persons who are in need of medical marijuana for
specified medical purposes and who obtain and use medical marijuana under limited,
specified circumstances.

3. In particular, the CUA only provides a defense from criminal prosecution for
possession and cultivation of marijuana to qualified patients and their primary
caregivers. Further, the scope of the MMPA only establishes a statewide
identification program and affords qualified patients, persons with identification cards
and their primary caregivers an affirmative defense to certain enumerated criminal
sanctions that would otherwise apply to transporting, processing, administering or
distributing marijuana.

4. On August 25, 2008, Edmond G. Brown, the California Attorney General, issued
"Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical
Use" ("the Attorney General Guidelines"), which sets regulations intended to ensure
the security and non-diversion of marijuana grown for medical use by qualified
patients. Health and Safety Code Section 11362.81(d) authorizes the Attorney
General to "develop and adopt appropriate guidelines to ensure the security and
nondiversion of marijuana grown for medical use by patients qualified under the
CUA." Nothing in the Guidelines imposes an affirmative mandate upon local
governments, such as the city of Angels Camp, to allow, sanction or permit the
cultivation of medical marijuana within their jurisdictional limits.

5. It is critical to note that the CUA or MMPA do not abrogate the city’s powers to
regulate for public health, safety and welfare. Health and Safety Code Section
11362.5(b)(2) expressly anticipates the enactment of additional local legislation,
providing, "Nothing in this section shall be construed to supersede legislation
prohibiting persons from engaging in conduct that endangers others, nor to condone
the diversion of marijuana for non-medical purposes."

6. In 2015, the Legislature enacted, and the Governor signed, a trio of bills that comprise
the Medical Marijuana Regulation and Safety Act ("MMRSA") which expressly
recognizes and authorizes cities and counties to prohibit cultivation of marijuana
within their municipal territories.

7. The city council takes legislative notice that other California cities and counties which
have permitted the cultivation of medical marijuana within their city limits have
experienced serious adverse impacts associated with and resulting from such
cultivation. These impacts include damage to buildings in which cultivation occurs, including improper and dangerous electrical alterations and use, inadequate
ventilation, increased occurrences of home-invasion robberies and similar crimes and
nuisances to neighboring properties from the strong and potentially noxious odors
from the plants and increased crime.

B. The purpose of this chapter is to prohibit the cultivation of medical marijuana within the
city of Angels Camp and adopt rules consistent with the CUA, MMPA, and MMRSA to
regulate medical marijuana in a manner that protects the public health, safety and welfare
of the community from any adverse impacts which such activities may have on nearby
properties and residents, without interfering with the rights of qualified patients and their
primary caregivers, as such terms are defined in the CUA and MMPA, to possess medical
marijuana pursuant to state law.
(Ord. 474 § 1(part), 2016)

For purposes of this chapter, the term "medical marijuana cultivation" shall mean the planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof. (Ord. 474 § 1(part), 2016)

A. Medical marijuana cultivation is prohibited in the city of Angels Camp. No medical marijuana cultivation shall be allowed to operate in, be located in, or otherwise be permitted in the city of Angels Camp.

B. The city shall not issue, approve, or grant any permit, license or other entitlement for the cultivation of medical marijuana. (Ord. 474 § 1(part), 2016)

The prohibitions of this chapter shall be enforced solely through means that are civil in nature, including by abatement and fines or penalties as provided within this code or as otherwise provided by law. The prohibitions of this chapter shall not be enforced through any criminal means. (Ord. 474 § 1(part), 2016)