Brisbane Municipal Code Ch. 8.12 Personal Cultivation of Cannabis

The purpose of this chapter is to regulate the cultivation of cannabis for medicinal or adult use, lawfully incident to the residential use of that home.

(Ord. No. 617, § 1, 9-7-17)

The primary responsibility for enforcement of the provisions of Chapter 8.12 shall be vested in the chief of police or his/her designee.

(Ord. No. 617, § 1, 9-7-17)

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section have the meanings given to them in this section:

"Accessory structure" shall have the same meaning as set forth in Chapter 17.02.

"Cannabis cultivation area," means the maximum dimensions allowed for the growing of cannabis. The cannabis cultivation area shall be measured by the aggregate area of vegetative growth of live cannabis plants on the premises.

"City" means the City of Brisbane.

"Primary caregiver" shall have the same definition as set forth in California Health and Safety Code Section 11362.7, as may be amended.

"Primary residential dwelling" shall mean the primary residential dwelling of the primary caregiver, qualified patient, or adult twenty-one (21) years of age or older who is eligible to cultivate cannabis for medicinal or adult use in compliance with this Chapter.

"Qualified patient" shall have the same definition as set forth in California Health and Safety Code Section 11362.7, as may be amended.

(Ord. No. 617, § 1, 9-7-17)

A. An individual qualified patient or primary caregiver shall be allowed to cultivate and process medicinal cannabis within his/her primary residential dwelling in compliance with the standards established by Section 8.12.050 of this chapter and subject to the following limitations:

1. No more than six (6) mature or twelve (12) immature medicinal cannabis plants per qualified patient may be cultivated at any residence. Notwithstanding the foregoing, where multiple qualified patients reside in a residence, or a caregiver cultivates for multiple qualified patients, no more than a total of twenty-five (25) plants may be cultivated at any residence.

2. A copy of documentation of qualified patient status and/or primary caregiver status consistent with the provisions of California Health and Safety Code Section 11362.7 et seq. shall be maintained at the primary residential dwelling.

3. A qualified patient or primary caregiver shall not participate in medicinal cannabis cultivation in any other property within the City of Brisbane.

B. An adult person twenty-one (21) years of age or older shall be allowed to cultivate and process cannabis for personal use within his/her primary residential dwelling in compliance with the standards established by Section 8.12.050 of this chapter and subject to the following limitation:

1. Not more than six (6) living plants may be planted, cultivated, harvested, dried, or processed for adult use within the adult person's primary residential dwelling, or upon the grounds of that primary residential dwelling, at one time.

(Ord. No. 617, § 1, 9-7-17)

A. To the extent that the city is required to allow the cultivation of cannabis for personal use and consumption under state law, the standards set forth in this section shall apply. Nothing in this section shall be interpreted to permit cultivation of cannabis for commercial purposes.

1. Allowed Cultivation Areas. Cannabis may be cultivated in the interior or exterior of the primary residential dwelling, subject to the following limitations:

a. Cultivation must occur in one cannabis cultivation area. The cultivation area shall not exceed one hundred (100) square feet.

b. The cannabis cultivation and processing area shall be in compliance with the current, adopted edition of the California Building Code, including requirements for mechanical ventilation.

c. Interior cultivation areas are restricted to one room of a residence, or within a self-contained outside accessory structure that is secured, locked, and fully enclosed. Said accessory structure shall not violate any other ordinance regarding height, location, floor area, lot coverage, or any other zoning restrictions in Title 17, and shall not be constructed or covered with plastic or cloth. If located in a garage, the cultivation or processing use shall not result in a reduction of required off-street parking for the residence. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for personal cannabis cultivation or processing.

d. Exterior cultivation areas must be enclosed by a secure, opaque, solid fence or wall at least six (6) feet in height, consistent with the fence and wall height regulations contained in Title 17. The fence or wall shall include a lockable gate or gates that are locked at all times when the adult twenty-one (21) years of age or older, qualified patient or caregiver is not in the immediate area. Said fence or wall shall not violate any other ordinance regarding height and location restrictions, and shall not be constructed or covered with plastic or cloth.

2. Lighting and Electricity Restrictions.

a. Any cannabis cultivation lighting shall not exceed one thousand two hundred (1,200) watts unless specifically approved by the building official.

b. All electrical equipment used in the cultivation or processing of cannabis (e.g., lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired; the use of extension cords to supply power to electrical equipment used in the cultivation or processing of cannabis is prohibited.

3. Only cannabis cultivated at the residence in conformance with this chapter shall be allowed to be processed at the residence.

4. The use of gas products (CO2, butane, etc.) for cannabis cultivation or processing is prohibited.

5. From a public right-of-way, there shall be no exterior evidence, including but not limited to odor, view, or other indication of cannabis cultivation or processing on the property.

6. For the convenience of the qualified patient, primary caregiver, or adult person twenty-one (21) years of age or older, to promote building safety, to assist in the enforcement of this chapter, and to avoid unnecessary confiscation and destruction of cannabis plants and unnecessary law enforcement investigations, persons cultivating cannabis pursuant to this chapter may notify the City of Brisbane regarding the cultivation site. The names and addresses of persons providing such notice, or of cultivation sites permitted under these regulations shall not be considered a public record under the California Public Records Act.

7. The cannabis cultivation and processing area shall not adversely affect the health or safety of the nearby residents in any manner, including but not limited to by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.

8. The cannabis cultivation or processing shall not adversely affect the health or safety of the occupants of the residence or users of the accessory building in which it is cultivated or processed, or occupants or users of nearby properties in any manner, including but not limited to creation of mold or mildew.

(Ord. No. 617, § 1, 9-7-17)

It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any premises within any incorporated area of the city to cause or allow such premises to be used for the outdoor or indoor cultivation of cannabis plants, or processing thereof as described herein, or to process, cultivate or allow the cultivation of cannabis plants in any manner that conflicts with the limitations imposed in this chapter.

(Ord. No. 617, § 1, 9-7-17)

Violations of this chapter shall be subject to Chapter 1.14 and/or Chapter 1.16 of the Municipal Code.

(Ord. No. 617, § 1, 9-7-17)