Citrus Heights Municipal Code Art. V Medical Marijuana Cultivation

The city council adopts this chapter based on the following:

(1) The purpose and intent of this article is to regulate the cultivation of medical marijuana in a manner that protects the health, safety and welfare of the community. This article is not intended to interfere with a qualified patient's right to medical marijuana, as provided for in California Health and Safety Code § 11362.5 or 11362.7 et seq., nor does it criminalize medical marijuana possession or cultivation by specifically defined classifications of persons, pursuant to state law. This article is not intended to give any person independent legal authority to grow medical marijuana; it is intended simply to impose restrictions on the cultivation of medical marijuana when cultivation is authorized by California state law for medical purposes.

Furthermore, it is the purpose and intent of this article to require that medical marijuana be cultivated only in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public; to provide for the health, safety and welfare of the public; to prevent odor created by medical marijuana plants from impacting adjacent properties; and to ensure that marijuana grown for medical purposes remains secure and does not find its way to non-patients or illicit markets.

Nothing in this article is intended to interfere with limited criminal defenses to violations of state law available to persons in possession of medical marijuana pursuant to Health and Safety Code § 11362.5 or 11362.7 et seq. Nothing in this article is intended to authorize the cultivation, possession, or use of marijuana for non-medical purposes in violation of state or federal law.

(2) Findings.

a. On November 5, 1996, the voters of the state of California approved Proposition 215, codified as Health and Safety Code § 11362.5 et seq. and entitled "The Compassionate Use Act of 1996" ("CUA" or "Act"). The intent of Proposition 215 was to enable persons who are in need of medical marijuana for specified medical purposes to obtain and use it under limited, specified circumstances, and provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes."

b. In 2004, the California Legislature adopted Senate Bill 420, adding Article 2.5, "Medical Marijuana Program" to Division 10 of the California Health and Safety Code § 11362.7, et seq. ("Medical Marijuana Program Act", "MMPA" or "Program"). The MMPA was intended to clarify the scope of Proposition 215, and to provide for certain additional immunities from state marijuana laws. Health and Safety Code § 11362.83 also authorized cities and other local governing bodies to adopt and enforce rules and regulations consistent with the MMPA.

c. Prior to the enactment of this article, there were no regulations addressing cultivation of medical marijuana. Neither Proposition 215 nor Senate Bill 420, nor the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, August 2008, ("Guidelines") provide comprehensive civil regulation of premises used for marijuana cultivation.

d. Neither the CUA nor the MMPA create a right to the unregulated cultivation of medical marijuana. The unregulated cultivation of medical marijuana can adversely affect the health, safety and well-being of the city and its residents. Comprehensive regulation of premises used for marijuana cultivation is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, smells and indoor electrical fire hazards that may result from unregulated medical marijuana cultivation, especially if the amount of medical marijuana cultivated on a single premises is not regulated and substantial amounts of medical marijuana can be cultivated in a concentrated place.

e. The indoor cultivation of substantial amounts of medical marijuana also frequently requires excessive use of electricity, which often creates an unreasonable risk of fire from the electrical grow lighting systems used in indoor cultivation. Additionally, the cultivation of marijuana can harm the rental housing stock if marijuana is grown in large quantities indoors. The heat created by lighting and the moisture from watering plants indoors on permeable surfaces can damage walls, carpets and flooring.

f. Children are particularly vulnerable to the effects of marijuana use, and the presence of medical marijuana plants may be an attractive nuisance for children, creating an unreasonable hazard. Cultivation of marijuana outdoors, where the marijuana plants may be observed by juveniles, therefore especially vulnerable to theft or recreational consumption by juveniles, is harmful to the residents of the city because the city is a family oriented community. Further, the potential for criminal activities associated with marijuana cultivation in outdoor locations poses heightened risks that juveniles will be involved or endangered, or that the premise will be the target of crime. Therefore, cultivation of any amount of marijuana in outdoor locations is especially hazardous to public safety and welfare, and to the protection of children and the person(s) cultivating the marijuana plants.

g. As recognized in the guidelines, the cultivation or other concentration of medical marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime.

h. The limited right of qualified patients and their primary caregivers under state law to cultivate marijuana plants for medical purposes does not confer the right to create or maintain a public nuisance. By adopting the regulations contained in this article, the city will achieve a significant reduction in the harms caused or threatened by the unregulated cultivation of marijuana.

i. The city enacts the ordinance from which this article is derived to establish reasonable regulations upon the manner in which marijuana may be cultivated including restrictions on the amount of marijuana that may be cultivated in any location or premises, in order to protect the public health, safety, and welfare in the city.

j. California cities that allow the unregulated cultivation of marijuana have experienced crime associated with the cultivation, such as burglary, robbery, home invasion style robberies, and sale of other illegal narcotics in the area immediately surrounding the premises cultivating of marijuana. The unregulated cultivation of marijuana poses a threat to the public health, safety, and welfare of the residents that are located near properties where marijuana cultivation occurs. The Citrus Heights Police Department field numerous complaints each month during the marijuana grow season that relate to the powerful odor of marijuana plants. Residents who reside near the area where marijuana cultivation occurs, experience a reduced quality of life due to the noxious fumes of marijuana plants, the increased potential of violent crimes in the area near marijuana cultivation, and the increased potential of fire and/or chemical hazards associated with cultivation of marijuana.

k. The limited right of qualified patients and their primary caregivers under state law to cultivate marijuana plants for medical purposes does not confer the right to create or maintain a public nuisance.

l. Nothing in this article shall be construed to allow the use of marijuana for non-medical purposes, or to allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under state or federal law.

m. This article does not prohibit the cultivation of medical marijuana by qualified patients or primary caregivers. This article merely regulates and restricts locations and amounts of medical marijuana that may be grown on particular parcels.

(Ord. No. 2013-007, § 1, 7-11-2013)

For the purposes of this article, the following definitions shall apply unless the context clearly indicates otherwise. If a word is not defined in this article, and not otherwise defined in state law, the common and ordinary meaning of the word shall apply.

City means the City of Citrus Heights.

Cultivation means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.

Fully enclosed and secure structure means a space within a building that complies with the applicable building code, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with non-transparent material.

Indoors means inside a fully enclosed and secure structure or within a residential structure.

Medical marijuana means marijuana used for medical purposes pursuant to the Compassionate Use Act (Health and Safety Code § 11362.5) and the Medical Marijuana Program Act (Health and Safety Code § 11362.7 et seq.).

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

Person means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.

Primary caregiver means a "primary caregiver" as defined by Health and Safety Code § 11362.7.

Qualified patient means a "qualified patient" or "person with an identification card" as defined in Health and Safety Code § 11362.7.

Residential structure means a group of rooms (including sleeping, eating, cooking and sanitation facilities, but not more than one kitchen) which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household for a period in excess of 30 days.

Solid fence means a fence constructed of substantial material, such as wood or metal, that prevents viewing the contents from one side to the other side of the fence.

(Ord. No. 2013-007, § 1, 7-11-2013; Ord. No. 2016-008, § 3, 9-22-2016)

The following regulations shall apply to the cultivation of medical marijuana within the city:

(1) Cultivation not in compliance with this article. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises within any zoning district in the city to cultivate medical marijuana except as provided for in this Code. No person other than a qualified patient or primary caregiver may engage in the cultivation of marijuana.

(2) Outdoor cultivation. It is unlawful and a public nuisance for any person owning, leasing, occupying, or having possession of any legal parcel or premises within any zoning district in the city to cause or allow such parcel or premises to be used for the outdoor cultivation of medical marijuana.

(3) Indoor cultivation. Indoor cultivation of medical marijuana is prohibited in all zoning districts of the city, except for residential zones or in commercial zones, when such cultivation occurs on a parcel or premises with an approved residential development. All cultivation must be in compliance with this article.

(4) Indoor cultivation in residential uses. The indoor cultivation of medical marijuana in a residential zone or in a commercial zone on a parcel or premises with an approved residential development, shall only be conducted within a fully enclosed and secure structure or within a residential structure. Such cultivation shall be in conformance with the following minimum standards:

a. Any fully enclosed and secure structure, regardless of square footage, constructed, altered or used for the cultivation of medical marijuana must have a valid building permit issued by the chief building official. The chief building official shall consult with the community and economic development director, planning manager and the chief of police or his/her designee, in consideration of any building permit for the construction or alteration of any fully enclosed structure or residential structure to be used for marijuana cultivation.

b. Either a qualified patient or a primary caregiver shall reside full time on the premises where the medical marijuana cultivation occurs.

c. The primary use of the property shall be for a residence. Medical marijuana cultivation is prohibited as a home occupation.

d. All areas used for cultivation of medical marijuana shall comply with chapter 18 (Buildings and Building Regulations) of the Citrus Heights Municipal Code, as well as applicable law.

e. Indoor grow lights shall not exceed 1,200 watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the city.

f. The use of gas products (CO 2 , butane, propane, natural gas, etc.) or generators for cultivation of marijuana is prohibited.

g. Any fully enclosed and secure structure or residential structure used for the cultivation of medical marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with chapter 18 (Building and Building Regulations) of the Citrus Heights Municipal Code.

h. A fully enclosed and secure structure used for the cultivation of medical marijuana shall be located in the rear yard area of the parcel or premises, and must maintain a minimum ten-foot setback from any property line. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height. This provision shall not apply to cultivation occurring in garage.

i. Adequate mechanical locking or electronic security systems must be installed as part of the fully enclosed and secure structure or the residential structure prior to the commencement of cultivation.

j. Medical marijuana cultivation occurring inside a residential structure shall be in an area no larger than 50 square feet, and shall not exceed a volume of greater than 300 cubic feet, regardless of how many qualified patients or primary caregivers reside at the premises.

k. Medical marijuana cultivation occurring inside a fully enclosed and secure structure shall not exceed 100 square feet, and shall not exceed a volume of greater than 600 cubic feet, regardless of how many qualified patients or primary caregivers reside at the premises.

l. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for medical marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing.

m. Cultivation of medical marijuana shall only take place on impervious surfaces.

n. From a public right-of-way, there shall be no exterior evidence of medical marijuana cultivation occurring on the parcel.

o. Medical marijuana cultivation shall not occur in both a fully enclosed and secure structure and a residential structure on the same parcel.

p. Medical marijuana cultivation area, whether in a fully enclosed and secure structure or inside a residential structure, shall not be accessible to persons under 18 years of age.

q. Written consent of the property owner to cultivate medical marijuana within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the chief of police or his/her designee.

r. A portable fire extinguisher, that complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of medical marijuana. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs.

(Ord. No. 2013-007, § 1, 7-11-2013; Ord. No. 2016-008, § 4, 9-22-2016)

Any use or condition caused or permitted to exist in violation of any of the provisions of this article is hereby declared a public nuisance and may be abated by the city.

(Ord. No. 2013-007, § 1, 7-11-2013)

(a) Violation of this article is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code.

(b) Nothing in this article in any way limits any other remedies that may be available to the city, or any penalty that may be imposed by the city, for violations of this article. Such additional remedies, include, but are not limited to, injunctive relief or administrative citations.

(Ord. No. 2013-007, § 1, 7-11-2013)