El Centro Municipal Code Art. IX Personal Possession, Use and Indoor Cultivation of Cannabis

The purpose and intent of this article is to provide parameters for the personal cultivation and use consistent with the provisions of Proposition 64 (AUMA) and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) regarding personal recreational non-medical cannabis use and the city authority to regulate such personal possession, use and cultivation under those statutes. This article updates and codifies (with updated definitions required by MAUCRSA and with deletion of the permit requirement and limitation on one authorized grower per residence) the provisions of uncodified Ordinance No. 16-15, adopted on December 20, 2016.

(Ord. No. 17-12, § 3, 10-3-17)

As used herein the following definitions shall apply:

Authorized grower means a person twenty-one (21) years and older who is authorized by, and in compliance with, state law to cultivate cannabis indoors for personal use.

Cannabis and cannabis product shall have the meanings set out in City Code section 13-111.

Cultivation shall have the meaning set out in City Code section 13-111.

Fully enclosed and secure structure (or structure) means a fully-enclosed space within a building that complies with the California Building Code ("CBSC"), as adopted in the city, or if exempt from the permit requirements of the CBSC, that has a complete roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, is accessible only through one (1) or more lockable doors, and is not visible from a public right-of-way. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two (2) inch by four (4) inch nominal or thicker studs overlaid with three-eighths (;frax;3;8) inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. If indoor grow lights or air filtration system are used, they must comply with the California Building, Electrical, and Fire Codes as adopted by the city.

Immature cannabis plant means a cannabis plant, whether male or female, that has not yet flowered and which does not yet have buds that are readily observed by unaided visual examination.

Indoors means within a fully enclosed and secure structure defined above.

Mature cannabis plant means cannabis plant, wither male or female, that has flowered and which has buds that are readily observed by unaided visual examination.

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

Parcel means property assigned a separate parcel number by the imperial county assessor.

Private residence means a house, apartment unit, mobile home, or other similar dwelling unit. A second unit does not constitute a "private residence" unless otherwise provided by law.

(Ord. No. 17-12, § 3, 10-3-17)

It is hereby declared to be unlawful, a public nuisance, and a violation of this article for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the city to cause or allow such premises to be used for the outdoor cultivation of cannabis plants.

(Ord. No. 17-12, § 3, 10-3-17)

(a) When authorized by state law, an authorized grower shall be allowed to cultivate cannabis only in a private resident in a residential zone, only indoors, and only for personal use, subject to the following regulations.

(b) The cannabis cultivation area shall be located indoors. The total area cultivated shall not exceed fifty (50) square feet and not exceed ten (10) feet in height, nor shall it come within twelve (12) inches of the ceiling or any cultivation lighting. Cultivation in a greenhouse on the property of the residence but not physically part of the home is permitted, as long as it is fully enclosed, secure, not visible from a public right-of-way and meeting all requirements in this article.

(c) Cannabis cultivation lighting shall not exceed one thousand two hundred (1,200) watts in total for the total cultivation area within the residence.

(d) The use of gas products such as but not limited to CO 2 , butane, methane, or any other flammable or non-flammable gas when used for cannabis cultivation or processing is prohibited.

(e) There shall be no exterior visibility or evidence of cannabis cultivation outside the private residence from the public right-of-way, including but not limited to any cannabis plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

(f) The authorized grower shall reside full-time in the residence where the cannabis cultivation occurs. It is the responsibility of the authorized grower to insure that cannabis cultivated hereunder is not accessed by persons under twenty-one (21).

(g) The authorized grower shall not participate in personal cannabis cultivation in any other location within the city.

(h) The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas actually utilized for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for cannabis cultivation.

(i) The cannabis cultivation area shall be in compliance with the current adopted edition of the California Building Code §1203.4 Natural Ventilation or § 402.3 Mechanical Ventilation (or equivalent), as amended from time to time.

(j) The building official may require additional specific standards to meet the California Building Code and Fire Code, including but not limited to installation of fire suppression sprinklers and may require annual or other inspections.

(k) The cannabis cultivation area shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gasses, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.

(l) No more than six (6) living cannabis plants, mature or immature, per authorized grower are permitted for indoor personal cultivation under this article.

(m) Cannabis in excess of 28.5 grams produced by plants kept for indoor personal cultivation under this article must be kept in a locked space on the grounds of the private residence not visible from the public right-of-way.

(Ord. No. 17-12, § 3, 10-3-17)

It is hereby declared to be unlawful, a public nuisance and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within the city to cause or allow such parcel to be used for the cultivation of cannabis, unless the person is authorized by state law to grow cannabis for the specifically authorized purpose within a private residence in a residential zone, and such authorized grower is complying with all requirements of this article.

(1) Nothing in this section precludes the city from inspecting and re-inspecting the personal indoor cultivation site if it is determined that such inspection or re-inspection are necessary to ensure the health and welfare of the public.

(Ord. No. 17-12, § 3, 10-3-17)

It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the city to create a public nuisance in the course of cultivating indoor cannabis plants. A public nuisance may be deemed to exist, if such activity produces:

(1) Odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public.

(2) Repeated responses to the parcel by law enforcement or fire personnel.

(3) A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise with is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public.

(4) Any other impacts on the neighborhood which are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwelling, and excessive noise emanating from the dwelling.

(5) Any personal cultivation of cannabis in violation of this article.

(Ord. No. 17-12, § 3, 10-3-17)

The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one (1) does not prevent the use of any other criminal, civil, or administrative remedy or penalty authorized by, or set forth in, the City Code. None of the penalties or remedies authorized by, or set forth in, the City Code shall prevent the city from using any other penalty or remedy under state statute that may be available to enforce this section or to abate a public nuisance. Violation of this chapter shall constitute a crime punishable as a misdemeanor or infraction in the discretion of the city attorney.

(Ord. No. 17-12, § 3, 10-3-17)

(a) The possession, smoking or other use of cannabis is prohibited in buildings owned, leased or occupied by the city. As an employer, the city maintains a drug and alcohol free workplace by prohibiting the use, consumption, possession, transfer, transportation, sale, display and growth of cannabis in the workplace.

(b) As provided by state law, where a tobacco smoking ban or regulation (whether public, private or pursuant to state law) is in place, such ban or regulation applies to the smoking of cannabis.

(Ord. No. 17-12, § 3, 10-3-17)

To the extent the provisions of the City Code as amended by this article are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this article, such those provisions shall be construed as continuations of the earlier provisions of this article and not as new enactments.

(Ord. No. 17-12, § 3, 10-3-17)

Effective as of January 1, 2018, a person who engages in commercial cannabis delivery from outside the city to a customer within the city shall obtain a business license under the provisions of this Code.

(Ord. No. 17-12, § 3, 10-3-17)