Gustine Municipal Code Art. 6 Public Use/Consumption and Personal Cultivation of Marijuana

Footnotes:

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Cross reference— Medical marijuana dispensaries, tit. 5, ch. 8.

It is the purpose of this chapter to promote the health, safety, morals, general welfare and enjoyment of private property of the residents within the city by restricting the public use and consumption of marijuana and by regulating the individual cultivation of marijuana.

(Ord. No. 463, 11-20-2012; Ord. No. 476, § 2(Exh. A), 11-21-2017)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana, conducted by an individual strictly for that individual's personal use, possession, processing, transporting, or giving away without any compensation whatsoever in accordance with this Code and state law, as applicable.

Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana products derived therefrom. Unless otherwise specified, "marijuana" shall mean and include marijuana for medical purposes and non-medical marijuana. "Marijuana" does not include industrial hemp as defined by Health and Safety Code section 11018.5, as may be amended.

(Ord. No. 463, 11-20-2012; Ord. No. 476, § 2(Exh. A), 11-21-2017)

No person shall smoke, ingest or otherwise consume marijuana in the city unless the following conditions are met:

(1) Such smoking, ingesting or consumption occurs entirely inside a private residence;

(2) No smoke or odor resulting from such smoking, ingesting or consumption may be detected from any neighboring property or residence; and

(3) Such smoking, ingesting or consumption is in compliance with all applicable state law.

(Ord. No. 463, 11-20-2012; Ord. No. 476, § 2(Exh. A), 11-21-2017)

Personal cultivation of marijuana is permitted in all residential zones under the following terms and conditions:

(1) Secure enclosed structure. The cultivation of marijuana shall at all times only occur within a fully enclosed and adequately secured building having at least four solid walls and roof of masonry, metal, or wood, and standard locks, but not within any portion of a building or structure dedicated to living space.

(2) The building within which cultivation of marijuana occurs, and any improvements within such building, shall meet all applicable building and zoning requirements (including but not limited to required setbacks, height limitations and fire sprinkler requirements), and the structure and improvements themselves shall have been properly and inspected.

(3) Not more than six living plants may be planted, cultivated, harvested, dried, or processed at one time.

(4) The cultivation must be conducted by a person that is 21 years of age or older, and marijuana cultivation areas shall not be readily accessible to persons under 21 years of age.

(5) No cultivation in conjunction with a business; no sales of goods or services. The cultivation shall not occur in conjunction with any business. No products or services shall be sold from the property where cultivation occurs.

(6) Cultivation may only be conducted by the property owner of the subject property or a resident of the subject property with written permission of the property owner of the subject property to conduct cultivation.

(Ord. No. 463, 11-20-2012; Ord. No. 476, § 2(Exh. A), 11-21-2017)

Any person who violates any provisions of this chapter shall be guilty of a misdemeanor, subject to a penalty of imprisonment in the county jail for a period of time not to exceed six months, or by a fine not to exceed $1,000.00, or both, for each violation. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.

(Ord. No. 463, 11-20-2012; Ord. No. 476, § 2(Exh. A), 11-21-2017)