Chapter 8.35 — PERSONAL CULTIVATION OF MEDICAL AND ADULT-USE CANNABIS

PERSONAL CULTIVATION OF MEDICAL AND ADULT-USE CANNABIS

Note: Prior ordinance history: Ords. 1461 and 1575.

• A. It is the purpose and intent of this chapter to regulate the cultivation of cannabis for personal use in a manner that protects the health, safety and welfare of the community consistent with Proposition 64, also known as the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA").

• B. This chapter is not intended to interfere with a patient's right to medical cannabis as provided for in California Health and Safety Code Section11362.5, nor does it criminalize medical cannabis possession or cultivation by specifically defined classifications of persons, pursuant to state law. This chapter is not intended to give any person unfettered legal authority to grow cannabis; it is intended to impose zoning restrictions on the personal indoor cultivation of cannabis permitted under AUMA when it is authorized by California state law for medical or other lawful purposes.

• (Ord. O2017-15 § 1; Ord. O2021-16 § 2)

"Adult" means a person twenty-one years or older.

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

"Cannabis" has the same meaning as in Section 11018 of the Health and Safety Code.

"Cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or otherwise processing of cannabis plants or any part thereof.

"Caregiver" or "primary caregiver" shall have the same meaning as set forth in Health and Safety Code Section 11362.7(d) as the same may be amended from time to time.

"City" means the city of Manteca.

"Cultivation" shall have the same meaning as set forth in Business and Professions Code Section 26001(l) as the same may be amended from time to time.

"Fully enclosed and secure structure" means a fully enclosed space within a building at the residence of an authorized grower and complies with the California Building Code ("CBSC"), as adopted in the city of Manteca, 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 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 Manteca.

"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 as that structure is defined above in the definition of "fully enclosed and secure structure."

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

"Outdoor" means any location within the city of Manteca that is not within a fully enclosed and secure structure.

"Parcel" means property assigned a separate parcel number by the San Joaquin County Assessor.

"Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate trust, business trust, receiver, syndicate or any other group or combination acting as a unit and includes the plural as well as the singular number.

"Private residence" means a house, apartment unit, mobile home, or other similar dwelling unit.

"Qualifying patient" or "qualified patient" shall have the same meaning as set forth in Health and Safety Code Section 11362.7 as the same may be amended from time to time. (Ord. O2017-15 § 1; Ord. O2021-16 § 2)

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 cannabis.

(Ord. O2017-15 § 1; Ord. O2021-16 § 2)

• A. When authorized by state law, an authorized grower shall be allowed to cultivate cannabis only at a private residence in a residential zone, only indoors, and only for personal use, subject to the following regulations:

  1. The cannabis cultivation area shall be located indoors within a fully enclosed and secure structure and shall not exceed fifty square feet and not exceed ten feet in height, nor shall it come within twelve 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, and not visible from a public right-of-way and meeting all requirements in this chapter.

  2. The use of gas products such as, but not limited to, CO2, butane, methane, or any other flammable or non-flammable gas for cannabis cultivation or processing is prohibited.

  3. 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, or any light emanating from cultivation lighting.

  4. The authorized grower shall reside full-time in the residence where the cannabis cultivation occurs.

  5. The authorized grower shall not participate in cannabis cultivation in any other location within the city.

  6. The residence shall include 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 cannabis cultivation.

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

  8. 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.

  9. 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.

  10. No more than six cannabis plants, mature or immature, are permitted for indoor personal cultivation under this chapter.

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

12. Outdoor cultivation of cannabis and cultivation of cannabis for non-personal uses are expressly prohibited in all zones and districts of the city of Manteca.

(Ord. O2017-15 § 1; Ord. O2021-16 § 2)

• A. 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 a specifically authorized purpose within a private residence or fully enclosed and secure structure in a residential zone, and such authorized grower is complying with all requirements of this chapter.

• B. No person shall grow cannabis upon any parcel until and unless they first secure a permit from community development and pay such fee as may be required and set forth by resolution of the city council.

• (Ord. O2017-15 § 1; Ord. O2021-16 § 2)

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 cannabis plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces:

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

• B. Responses to the parcel by law enforcement personnel.

• C. A disruption to the free passage of persons or vehicles in the neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public.

• D. Any other impacts on the neighborhood which is 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.

• E. Outdoor growing or cultivation of cannabis.

• F. Smoking or ingesting cannabis or cannabis products in any public place. (Ord. O2017-15 § 1; Ord. O2021-16 § 2)

Any person who violates, causes or permits another person to violate any provision of this chapter is guilty of a misdemeanor. Notwithstanding the penalties set forth in this chapter, this chapter does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.1 et seq. or 11362.71 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under this chapter and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

(Ord. O2017-15 § 1; Ord. O2021-16 § 2)

• A. Any violation of this chapter may result in any or all of the following actions and/or fines:

  1. A misdemeanor punishable by either six months in jail and/or a fine not to exceed one thousand dollars;

  2. Institution of a civil action by the city attorney, or designee, as set forth in Chapter 1.10;

  3. Issuance of administrative citation(s) and/or an order to abate the safety violation(s) with a fine up to five hundred dollars, plus any administrative expenses incurred in the enforcement of this chapter.

• B. Each day a safety violation(s) occurs shall be deemed a new violation subject to additional citations, penalties, and fines.

• C. Violations of any section of this chapter may be filed as an infraction or a misdemeanor at the discretion of the city attorney.

(Ord. O2017-15 § 1; Ord. O2021-16 § 2)

• A. In addition to the enforcement and fines described herein, the city attorney may bring a civil action for injunctive relief and civil penalties pursuant to Chapter 1.10 of the Manteca Municipal Code against any owner who violates this chapter. In any civil action brought pursuant to this chapter, the court may award reasonable attorneys' fees and costs to the prevailing party.

• B. The city may pursue any other legal remedy to enforce or collect any fines or amounts owed as set forth herein.

• (Ord. O2017-15 § 1; Ord. O2021-16 § 2)

• A. The cited person may appeal administrative citations issued pursuant to this chapter, pursuant to the procedures set forth in Chapter 1.10 of this code.

• B. The hearing shall be scheduled and conducted pursuant to Chapter 1.10 of the Manteca Municipal Code.

• (Ord. O2017-15 § 1; Ord. O2021-16 § 2)