Solano County Zoning Code § 28.82 Personal Cannabis

A. General Requirements

1. Personal and primary caregiver cannabis cultivation indoors in a residence or inside a permanent residential accessory structure on the grounds of a residence shall be allowed if it meets the applicable standards in this chapter and complies with all state and county laws.

B. Definitions

Cannabis . All parts of the plant 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, whether growing or not, including the seeds thereof, as defined by Section 11018 of the Health and Safety Code as may be amended. Cannabis is classified as an agricultural product separately from other agricultural crops or commodities.

Cultivation Room . A fully enclosed and lockable room inside the premises or structure where cannabis is planted, grown, and harvested.

Exception for Medicinal Cannabis Outdoor Cultivation . Process by which a qualified patient, as defined herein, may request an exception to the general prohibition on outdoor cannabis cultivation to cultivate a limited number of medicinal cannabis plants outdoors.

Greenhouse . A structure designed to control the heat and humidity of the growing environment of plants. To be deemed a greenhouse under this section, the structure must be fully enclosed, able to be secured with a lock and have rigid walls and a roof designed to let sunlight through. A greenhouse is subject to all applicable county permitting requirements.

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Indoor Cannabis Cultivation . Cultivation of cannabis using artificial lighting inside a structure that can be secured with a lock and which has a permanent floor, walls, and roof. Cannabis cultivation in a greenhouse that conforms to the requirement of this section shall be deemed indoor cannabis cultivation.

Marijuana . See “Cannabis,” above.

Outdoor Cannabis Cultivation . Cultivation of cannabis occurring exclusively outdoors, using natural light and not within a structure. Cultivation inside a hoop house or similar shall be deemed outdoor cultivation.

Personal Cannabis Cultivation or Personal Cannabis . Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis in compliance with state and county law by (1) medicinal cannabis patients in accordance with Health and Safety Code Section 11362.77(a) and Business and Professions Code Section 26033(a), as may be amended, or (2) recreational cannabis users in accordance with Health and Safety Code Section 11362.1(a)(3), as may be amended. Such cultivation shall not be considered a commercial activity only as long as it is in compliance with this article and state law.

Primary Caregiver Administrative Permit . A permit that must be obtained by a primary caregiver prior to cultivating for qualified patients or holders of medical marijuana identification cards. This permit shall be issued pursuant to the requirements of Section 28.101 (Administrative Permit) and this section.

Primary Caregiver Cultivation or Caregiver Cultivation . Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis by a designated primary caregiver for up to five qualified patients in compliance with county and state laws, including Health and Safety Code Sections 11362.77(a) and 11362.7(d), as may be amended. Such cultivation shall not be considered a commercial activity only as long as it is in compliance with this section, as well as Business and Professions Code Section 26033(b) and Health and Safety Code Section 11362.765(c), as they may be amended.

Primary Caregiver or Caregiver . An individual designated by a qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient or person, as defined in Health and Safety Code Section 11362.7(d), as may be amended.

Qualified Patient . A person who is entitled to the protections of Health and Safety Code Section 11362.5 and possesses either a medicinal cannabis identification card or a medicinal cannabis physician’s recommendation as defined in Health and Safety Code Sections 11362.7(c) and (f), as may be amended.

C. Personal and Caregiver Cultivation Amounts . The following amounts of personal and caregiver cannabis may be cultivated so long as the cultivation is in compliance with county and state law and regulations and the cultivation standards provided herein:

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1. Qualified patients may cultivate up to six mature or 12 immature cannabis plants for their own use inside a private residence, or in a permanent residential accessory structure located on the grounds of a private residence in compliance with the personal cannabis cultivation standards. Up to three mature or immature cannabis plants may be cultivated outdoors upon obtaining an exception for medicinal cannabis outdoor cultivation.

2. A primary caregiver of qualified patients may cultivate up to six mature or 12 immature cannabis plants per qualified patient, inside a private residence, or in a permanent residential accessory structure on the grounds of a private residence in compliance with the caregiver cultivation standards and upon obtaining a primary caregiver administrative permit.

3. Individuals may cultivate up to six cannabis plants for their own use inside a private residence, or in a permanent residential accessory structure located on the grounds of a private residence in compliance with the personal cannabis cultivation standards.

D. Personal Cannabis Cultivation Standards

1. Indoor Cannabis Cultivation

a. The indoor cultivation of personal use cannabis must occur within either an inhabited residence or in a permanent residential accessory structure on the grounds of an inhabited residence. The residence must be occupied by the person for whom the personal use cannabis grown on that parcel is intended.
b. The location of indoor cannabis cultivation, drying, curing, trimming, and other processing activities must be in a secured room not accessible to visitors or underage individuals.
c. Gas products (including, but not limited to, CO2, butane, propane, and natural gas) or ozone generators shall not be used in any cultivation room.
d. No open flame or burning of any substance may occur in the cultivation room.
e. In the event electric lights are used in a greenhouse to cultivate cannabis, the lights must be either turned off between the hours of 9:00 p.m. and 6:00 a.m. or the greenhouse must be shielded so that any such light is not visible from a contiguous property.

E. Primary Caregiver Cultivation

1. Primary Caregiver Administrative Permit

a. All individuals who intend to cultivate cannabis as a primary caregiver must obtain a yearly administrative permit from the Department of Resource Management in compliance with the requirements of this section and Section 28.101. The following

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shall be provided by an applicant, along with any other information required in Section 28.101, in order to process a caregiver cultivation administrative permit:

(1) Completed primary caregiver administrative permit application.
(2) Proof of legal ownership of the parcel or written documentation from a landlord that the applicant has permission to cultivate cannabis as a caregiver at the subject location.
(3) Proof of caregiver status and the total number of patients for whom the primary caregiver cultivates cannabis. Information identifying any patient will not be retained and caregiver status shall be verified solely for the purposes of ensuring compliance with and eligibility for a primary caregiver administrative permit in compliance with Business and Professions Code Section 26162(a).
(4) Plot plan of the parcel where the cultivation will occur, including the location of the cultivation room or greenhouse.
(5) Signed acknowledgment that county personnel will schedule a site visit with the applicant to review compliance with the primary caregiver cultivation standards, as well as any applicable requirements of the County Code.
(6) Signed acknowledgment that the primary caregiver operation shall not generate traffic in excess of that normally associated with the residential use of the property and that no patients shall visit the site between the hours of 8:00 p.m. and 8:00 a.m.
(7) Signed acknowledgment that the primary caregiver cannabis cultivation site shall not generate noise, odor, dust, glare, vibration, or electrical interference to neighboring properties or constitute a nuisance, or be detrimental to the health, safety, peace, morals, comfort or general welfare of the public.
(8) Signed acknowledgment that a primary caregiver administrative permit automatically expires after one year, at which time a new permit application must be made, and that no caregiver cultivation may occur prior to issuance of a permit or if the permit has expired.
(9) Signed acknowledgment that a caregiver cultivation administrative permit may be denied or revoked in the event the cultivation does not occur in compliance with the requirements of County Code and state law.
(10) Payment of a fee, as established by the Board of Supervisors, to recover the reasonable costs of administering this administrative permit program.

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2. Primary Caregiver Cultivation Standards

a. Indoor Caregiver Cultivation

(1) Upon obtaining a yearly primary caregiver administrative permit, a primary caregiver may cultivate medicinal cannabis in an inhabited residence or in a permanent residential accessory structure or a greenhouse on the grounds of an inhabited residence. The primary caregiver cultivating the medicinal cannabis or at least one patient for whom the medicinal cannabis is intended must inhabit the residence.
(2) Window coverings must be utilized in the indoor cultivation room to minimize, to the extent possible, light pollution from grow lights. In the event electric lights are used in a greenhouse to cultivate cannabis, the lights must be either turned off between the hours of 9:00 p.m. and 6:00 a.m. or the greenhouse must be shielded so that any such light is not visible from a contiguous property.
(3) Gas products (including, but not limited to, CO2, butane, propane, and natural gas) or ozone generators shall not be used in any cultivation room.
(4) No open flame or burning of any substance may occur in the cultivation room.
(5) The use of generators or extension cords to power any cultivation equipment is prohibited, except as an emergency back-up system.
(6) Cultivation, drying, curing, trimming, and any other cannabis processing activities must be in a secured area not accessible to visitors or underage individuals.

F. Exception for Medicinal Cannabis Outdoor Cultivation

1. A qualified patient, as defined herein, may request an exception to the general prohibition on outdoor cannabis cultivation to cultivate three medicinal cannabis plants outdoors on a yearly basis. In no case will a qualified patient cultivate more than six mature or 12 immature cannabis plants total on a parcel regardless of whether the patient’s cannabis cultivation occurs indoors or outdoors.

a. To apply for an exception request, the qualified patient must submit the following:
- (1) Completed exception request form.
- (2) Proof of legal ownership of the parcel or written documentation from a landlord that the applicant has permission to cultivate medicinal cannabis.
- (3) Proof of qualified patient status. Information identifying any patient will not be retained and patient status shall be verified solely for the purposes of ensuring

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compliance with and eligibility for an exception for medicinal outdoor cultivation in compliance with Business and Professions Code Section 26162(a).

(4) Plot plan of the parcel where the medicinal outdoor cultivation will occur, indicating that the outdoor cultivation area is at least 10 feet from any property line and within 150 feet of a residence on the parcel.
(5) Payment of a fee, as established by the Board of Supervisors, to recover the reasonable costs of administering this program.

2. Upon receiving all required information and fees, the County shall provide notice of the exception for medicinal cannabis exception request to all contiguous neighbors of the parcel for which the exception is requested. This notice shall provide 10 business days for a contiguous neighbor to request a hearing on the exception request. In the event no timely request for a hearing is made, the exception shall be granted. An approved exception shall expire one year after being granted.

3. In the event a hearing is requested by a contiguous neighbor, the Zoning Administrator shall set the exception request for a hearing. Both the contiguous neighbor and the exception request applicant may present relevant evidence and testimony at the hearing:

a. Factors that may be considered by the Zoning Administrator in granting or denying an exception request include, but are not limited to:
- (1) Placement of the outdoor cultivation site in relation to structures on the parcel or on contiguous properties;
- (2) Physical characteristics of the property proposed for an exception request, as well as contiguous properties;
- (3) The presence of sensitive receptors, such as child care facilities and schools; and
- (4) History of compliance with county codes and the existence of any code enforcement cases regarding the property.
b. In granting an exception request, the Zoning Administrator may impose any reasonable conditions upon the outdoor medicinal cannabis cultivation.

c. Any decision to grant or deny an exception request shall be in writing and shall become effective on the date of mailing the decision by U.S. Post.
G. Enforcement . It is hereby declared unlawful and a public nuisance for any person to cultivate cannabis for personal, medicinal, or primary caregiver use except as provided for in this

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chapter. The County may elect to pursue any and all available administrative, civil, or criminal remedies to enforce this section.

(Ord. No. 1788, §3; Ord. No. 1840, §35)