Shasta Lake Municipal Code Ch. 5.06 Regulation of Personal Cannabis Cultivation

The purpose of this article is to impose restrictions on the personal cultivation of cannabis pursuant to state law. This article is not intended to interfere with a patient's right to use medical cannabis pursuant to the Compassionate Use Act, as may be amended, nor does it criminalize cannabis possession or cultivation otherwise authorized by state law. This article is not intended to give any person or entity independent legal authority to operate a cannabis business, it is intended simply to impose restrictions regarding personal cultivation of cannabis in the city pursuant to this code and state law.

(Ord. No. 18-269, 4-3-2018)

The cannabis cultivation addressed in this chapter will require a permit issued by the city. The city council may, by resolution, establish fees to cover costs incurred by the city in administering and enforcing this chapter.

(Ord. No. 18-269, 4-3-2018)

No part of this article shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. § 800 et seq., nor to otherwise permit any activity that is prohibited under that act or any other local, state or federal law, statute, rule or regulation. Nothing in this article shall be construed to allow any conduct or activity relating to the cultivation, distribution, dispensing, sale, or consumption of cannabis that is otherwise illegal under local or state law. No provision of this article shall be deemed a defense or immunity to any action brought against any person by the city, the Attorney General of the State of California or the United States of America.

(Ord. No. 18-269, 4-3-2018)

The definitions in Section 17.10.030 are incorporated herein as fully set forth and are applicable to this chapter.

(Ord. No. 18-269, 4-3-2018)

Indoor Cultivation. Indoor personal cultivation of cannabis is permitted in all legally established dwelling units pursuant to the standards included in this chapter:

A. All indoor personal cultivation, including by a qualified patient or primary caregiver, shall occur in a legally established dwelling or fully-enclosed and legal accessory building or structure.

B. Medical cannabis shall be cultivated by a qualified patient (or primary caregiver) exclusively for his or her own personal medical use but who does not provide, donate, sell, or distribute medical cannabis to any other person.

C. Structures and equipment used for indoor cultivation, such as indoor grow lights, shall comply with all applicable building, electrical and fire code regulations as adopted by the city.

D. All accessory buildings and structures used for indoor cultivation shall comply with the state building code requirements pertaining to natural and mechanical ventilation or as otherwise determined by the building official or his/her designee. Cultivation shall not create an odor, humidity or mold problem on the subject property or adjacent properties.

E. Indoor personal cultivation of cannabis may occur inside a dwelling and/or an accessory building or structure on the same parcel, subject to the following restrictions:

1. The cumulative cultivation area for medical cannabis shall total no more than twenty-five (25) contiguous square feet per qualified patient, and no more than one hundred (100) contiguous square feet for primary caregivers, but in no event shall the total cumulative cultivation area for medical cannabis exceed one hundred (100) contiguous square feet regardless of how many qualified patients or primary caregivers reside at the premises. Either a qualified patient or primary caregiver shall reside full-time on the premises where the medical cannabis cultivation occurs.

2. For persons other than qualified patients or primary caregivers, all personal cultivation shall be conducted by persons twenty-one (21) years of age or older. For persons other than qualified patients or primary caregivers, the cumulative total of cannabis plants on the property, indoor and outdoor, shall not exceed six cannabis plants, regardless of the number of persons residing on the property.

F. Personal cultivation of cannabis shall not interfere with the primary occupancy of the building or structure, including regular use of kitchen(s), bathroom(s) or the garage.

G. No exterior evidence of cannabis cultivation occurring at the property shall be discernable from the public right-of-way.

H. Nothing in this section is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting personal cultivation of cannabis by tenants.

I. Nothing in this section is intended, nor shall it be construed, to authorize commercial cultivation of cannabis.

J. Nothing in this section is intended, nor shall it be construed, to authorize any public or private nuisance as specified in this code.

(Ord. No. 18-269, 4-3-2018)

Outdoor Cultivation. Outdoor personal cultivation of cannabis is permitted as a part of legally established dwelling units, pursuant to the standards included in this chapter:

A. For persons other than qualified patients or primary caregivers, all outdoor personal cultivation shall be conducted by persons twenty-one (21) years of age or older, and the cumulative total of cannabis plants on the property, indoor and outdoor, shall not exceed six cannabis plants, regardless of number of persons residing on the property.

B. For qualified patients and primary caregivers, the cumulative total of cannabis plants outside shall not exceed six cannabis plants, regardless of the number of qualified patients and primary caregivers residing on the property.

C. Outdoor personal cultivation of cannabis is only permitted in a rear or side yard that is entirely enclosed by a solid, opaque fence that is associated with a dwelling or secondary dwelling unit.

D. The height of the cannabis plants shall not exceed the standard fence height applicable to the parcel, or six feet, whichever is lesser.

E. The cannabis plants shall be placed at a minimum setback of five feet from the edge of canopy to the property line.

F. No exterior evidence of cannabis cultivation occurring at the property shall be visible from the public right-of-way.

G. Nothing in this section is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting cannabis cultivation by tenants.

H. Nothing in this section is intended, nor shall it be construed, to authorize commercial cultivation of cannabis.

I. Nothing in this section is intended, nor shall it be construed, to authorize any public or private nuisance as specified in this code.

(Ord. No. 18-269, 4-3-2018)

The provisions of this chapter will be enforced by the city's code enforcement officials.

(Ord. No. 18-269, 4-3-2018)