55.1 INDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE

55.1.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.1 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Indoor Cultivation.”

55.1.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Indoor Cultivation (“this Code”) is to regulate the cultivation of cannabis for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany cannabis cultivation.

Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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55.1.3.1 The indoor cultivation and processing of cannabis for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.

55.1.3.2 Nothing in this Code is intended, nor shall it be construed, to exempt any indoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws.

55.1.3.3 Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.

55.1.3.4 The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.

55.1.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.

55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.

55.1.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code. Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable State and County laws.

55.1.7 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:

Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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Detached Accessory Building – Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.

Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.

Indoor Cultivation of Cannabis for Personal Use: cultivation and processing of cannabis for personal use indoors in a residence or detached accessory structure. The cultivation area may not exceed fifty (50) square feet or ten (10) feet in height. No more than six (6) cannabis plants may be cultivated for personal use in any residence or detached accessory structure at any time. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.

Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.

Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.

55.1.8 Indoor Cultivation for Personal Use. The County shall not interfere with indoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.

In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:

55.1.8.1 Cultivation of cannabis for personal use in a residence shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and

55.1.8.2 Cannabis cultivation in detached accessory buildings shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and

55.1.8.3 A total of fifty (50) square feet of indoor cannabis cultivation for personal use, which does not exceed six (6) plants or ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than six (6) plants, fifty (50) square feet or more than ten (10) feet in height of cannabis cultivation area per residence on the parcel, regardless of the number of persons residing at the residence or participating directly or indirectly in the cultivation; and

55.1.8.4 The cannabis cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, and secured against unauthorized entry; and

55.1.8.5 Grow lights for cannabis cultivation for personal use in a residence or a detached accessory building shall not exceed one thousand two hundred (1,200) watts total; and

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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55.1.8.6 All electrical equipment used in the indoor cultivation of cannabis in a residence or a detached accessory building 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 indoor cultivation of cannabis for personal use is prohibited; and

55.1.8.7 The use of gas products (CO2, butane, etc.) for indoor cannabis cultivation or processing in a residence or a detached accessory building is prohibited; and

55.1.8.8 No toxic or flammable fumigant shall be used for indoor cultivation of cannabis in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and

55.1.8.9 On parcels that contain more than one (1) residence, no odor of cannabis shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one (1) residence, no odor of cannabis shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the cannabis cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of cannabis from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and

55.1.8.10 From a public right-of-way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor cannabis at the residence or detached accessory building that is detectable by a person of ordinary senses; and

55.1.8.11 Cannabis cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a cottage industry or a home occupation, and are not eligible for an address of convenience; and

55.1.8.12 No sale, trading, or dispensing of cannabis is allowed on a parcel where indoor cultivation of cannabis for personal use occurs; and

55.1.8.13 No person may cultivate cannabis for his or her personal use in more than one (1) residence or detached accessory building within the jurisdiction of the County of Humboldt; and

55.1.8.14 The residence where cannabis is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for cannabis cultivation; and

55.1.8.15 No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor cultivation of cannabis for personal use; and

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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55.1.8.16 The indoor cultivation of cannabis for personal use shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and

55.1.8.17 Indoor cultivation of cannabis for personal use must comply with all applicable State and County laws, including fire and building codes.

55.1.8.18 A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.

55.1.8.19 Outdoor cultivation, as described in Section 313-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein.