Lincoln Municipal Code Art. IV Marijuana Regulation

Footnotes:

--- (4) ---

Editor's note— Ord. No. 948B, § 2, adopted September 26, 2017, repealed the former Arts. IV, and V, §§ 18.34.120—18.34.220, and enacted a new Art. IV as set out herein. The former Arts. IV and V pertained to similar subject matter and derived from Ord. 780B §2(part), adopted in 2004; and Ord. 785B §2(part), adopted in 2005; Ord. No. 882B, § 3, adopted May 28, 2013; Ord. No. 893B, § 2, adopted October 28, 2014; Ord. No. 914B, § 3, adopted July 26,2016.

It is the purpose and intent of this chapter to regulate personal cultivation and prohibit all commercial cultivation and sale of recreational and medical marijuana to the extent permissible by law in order to promote the health, safety, moral, and general welfare of the residents and businesses of the City of Lincoln.

(Ord. No. 948B, § 2, 9-26-2017)

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

"Accessory structure" means a structure that is accessory to a principal residential structure and customarily a part thereof, which is clearly incidental and secondary to the principal structure and is significantly smaller in area than the principle structure and does not change the character of the principal structure or the principal use of the primary structure. An accessory structure must be a fully-enclosed space within a lawfully permitted building that complies with the California Building Code ("CBSC"), as adopted in the city of 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 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 inch by four inch nominal or thicker studs overlaid with three-eighths 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 systems are used, they must comply with the California building, electrical, and fire codes as adopted in the City of Lincoln and all provisions of this article. A garage, whether attached or detached and temporary buildings such as a temporary shed, greenhouse, pre-fabricated structures or other non-permanent and non-permitted structures are not accessory structures under this article.

"Authorized grower" means a person 21 years and older who is authorized by, and in compliance with state law to cultivate marijuana indoors for personal or medical use. Authorized grower also means a person 18 years and older who is a qualified patient, as that term is described in Health and Safety Code section 11362.77.

"Child care center" means any licensed child care center, daycare center, or child care home, or any preschool.

"Commercial marijuana business" includes the commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, distribution, delivery or sale of marijuana and marijuana products as provided for in Business and Professions Code section 26000, et seq.

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

"Delivery of medical marijuana" means the commercial transfer of medical marijuana or cannabis products from a dispensary, up to an amount determined by the Bureau of Medical Cannabis Regulation, to a primary caregiver or qualified patient as defined in Section 11362.7 of the California Health and Safety Code, or a testing laboratory. Delivery also includes the use by a dispensary or any technology platform owned and controlled by the dispensary or independently licensed that enables qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products as defined in California Business and Professions Code section 19300.5(m).

"Legal parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Section 66410, et seq. of the Government Code).

"Marijuana" shall mean any or all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated resin, whether crude or purified, 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 infused in foodstuff or other ingestible or consumable product containing marijuana. The term "marijuana" shall also include "medical marijuana" as defined in California Health and Safety Code section 11362.5 and "medical cannabis," "medical cannabis product" and "cannabis product" as defined in California Business and Professions Code section 19300.5(af).

"Marijuana dispensary" means any business, office, store, facility, location, retail storefront, or wholesale component of any establishment, cooperative or collective that delivers medical marijuana as defined in California Business and Professions Code section 19300.5(m), or as may be amended that dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the purposes set forth in California Health and Safety Code section 11362.5, or as may be amended.

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

"Mobile marijuana dispensary" means any clinic, cooperative, club, business, group or person which transports or delivers, or arranges the transportation or delivery, of medical marijuana or medical marijuana products to a person or entity. Mobile marijuana dispensary shall not include deliveries of medical marijuana made by a permitted, lawful marijuana dispensary, operating under state law and the provisions of this chapter, to a qualified patient or primary caregiver.

"Premises" means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter.

"Primary caregiver" means a "primary caregiver" as defined in Section 11362.7(d) of the Health and Safety Code.

"Residential structure" means any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation on a premises or legal parcel located within a residential zoning district.

"Smoking" means inhaling, exhaling, burning or carrying any lighted combustible substance containing marijuana in any manner or in any form and use of electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar devices) with marijuana or its byproducts in the device.

(Ord. No. 948B, § 2, 9-26-2017)

Any land use related to marijuana that is not specifically permitted in this article is hereby prohibited, including but not limited to marijuana dispensaries, including mobile marijuana dispensaries, and commercial marijuana businesses. Such uses are prohibited in all zones, districts, properties, and areas within the city. No person or entity shall operate or permit the operation of a marijuana dispensary or commercial marijuana business in or upon any public or private property or premises within the city. The city shall not issue, approve, or grant any permit, license, or other entitlement for the establishment or operation of a marijuana dispensary or commercial marijuana business in any zoning district.

(Ord. No. 948B, § 2, 9-26-2017)

Delivery of marijuana and medical marijuana, as defined in Section 18.34.130, is prohibited and it shall be unlawful and violation of this chapter for any person to deliver marijuana within the city. This section does not prohibit the delivery of medical marijuana to qualified patients by their primary caregiver.

(Ord. No. 948B, § 2, 9-26-2017)

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 any zoning district in the city to cause or allow such premises to be used for the outdoor cultivation of marijuana plants.

(Ord. No. 948B, § 2, 9-26-2017)

Indoor cultivation of no more than six marijuana plants per household and in a total area of not greater than 50 square feet and only for personal, non-commercial use shall be permitted subject to the following conditions.

A. Locations permitted.

1. It is unlawful and a public nuisance for any person to cultivate marijuana inside any residential structure or accessory structure without a marijuana cultivation permit issued by the chief of police or his or her designee pursuant to Section 18.34.190 to ensure compliance with the requirements of this chapter.

2. Cultivation of marijuana is prohibited in all zones within the city except the following residential zones: R-1 (Single-Family Residential), R-2 (Duplex Residential), R-3 (Multiple Residential), R-E (Residential Estate), LDR (Low-Density Residential), MDR (Medium-Density Residential) and HDR (High-Density Residential).

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

B. Minimum standards. The indoor cultivation of non-commercial marijuana in a residential zone shall only be conducted within a private residential structure, or accessory structure conforming to the following minimum standards:

1. No more than six marijuana plants in an area not greater than 50 square feet, are permitted for indoor personal cultivation within a residence or accessory structure. The total combined indoor cultivation on any parcel with a private residence and an accessory structure shall not exceed 50 square feet. For purposes of this ordinance the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live plants on the premises.

2. The building official shall consult with the director of development services and chief of police, or his or her designee, in consideration of any building permit application seeking a building permit for the construction or alteration of any residence for the purposes of marijuana cultivation.

3. Indoor grow lights shall not exceed one thousand two hundred (1,200) watts each and shall comply with the California Building, Electrical, and Fire Codes as adopted by the city. Gas products (including, without limitation, CO2, butane, propane, and natural gas), or generators shall not be used within any structure used for the cultivation of marijuana.

4. The residence shall include a fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for marijuana cultivation.

5. The authorized grower shall reside full-time in the residence where the marijuana cultivation occurs.

6. Nothing in this chapter shall prohibit an owner of a residential structure or accessory structure from prohibiting the growing of marijuana on his or her property and as provided in Section 18.34.190, a property owner's written consent to the cultivation of marijuana at the premises, if different from the authorized grower is required.

7. Marijuana cultivation for sale is prohibited.

8. The area used for cultivating marijuana shall not be accessible to persons under 21 years old.

9. A minimum set back of ten feet from the property line is required for an area in which marijuana is cultivated in a residential structure or accessory structure.

10. Any fully enclosed and secure Accessory Structure or residential structure used for the cultivation of non-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 the building regulations of the City of Lincoln Municipal Code.

(Ord. No. 1088B, § 7, 6-10-2025; Ord. No. 948B, § 2, 9-26-2017)

Prior to commencing any marijuana cultivation, the person(s) owning, leasing, occupying, or having charge or possession of any legal parcel or premises where marijuana cultivation is proposed to occur must obtain a marijuana cultivation permit from the chief of police or his or her designee, to ensure compliance with the requirements of this Chapter.

A. Permit requirements. The following information will be required with the initial permit application and subsequent permit extensions:

1. The physical site address of where the marijuana will be cultivated.

2. The name of each person owning, leasing, occupying, or having charge of any legal parcel or premises where marijuana will be cultivated.

3. Property owner's written consent to the cultivation of marijuana at the premises, if different from the authorized grower.

B. Permit duration. The initial permit shall be valid for two years, and thereafter may be extended in increments of two years upon the determination by the chief of police or his or her designee, to ensure the standards and conditions set forth in this article are being met.

C. Adjudication of permits by the chief of police. The chief of police may deny an application for a marijuana cultivation permit, or extension thereof, that does not demonstrate satisfaction of the minimum requirements of this chapter.

D. Permit fees. The city may establish, by resolution, a fee or fees required to be paid upon filing of an application for permit(s) as provided by this chapter, which fees shall not exceed the reasonable cost of administering this chapter.

(Ord. No. 948B, § 2, 9-26-2017)

Violations of this chapter shall constitute a public nuisance and may be enforced pursuant to the provisions of Chapters 1.16, 1.18, and 1.20, or any other applicable law. Violations of this chapter shall be subject to fines of not less than $500.00 per plant possessed in violation of this chapter, and as provided in Section 1.20.020(d) or as otherwise provided by city council resolution.

(Ord. No. 1088B, § 8, 6-10-2025; Ord. No. 948B, § 2, 9-26-2017)