Trinity County Municipal Code Ch. 8.23 Industrial Hemp Cultivation

This chapter shall be known as the Trinity County Industrial Hemp Cultivation Ordinance.

(Ord. No. 1379, § II, 4-21-26)

A. "Industrial hemp" or "hemp" is defined under California Food and Agriculture Code Section 81000 and Health and Safety Code Section 11018.5 as the plant Cannabis sativa L. and any part of that plant including seeds, resin, cannabinoids, isomers, acids, salts, and salts of isomers with a total tetrahydrocannabinol (THC) concentration of no more than 0.3 percent on a dry weight basis, whether growing or not, and including all compounds, manufactures, salts, derivatives, mixtures, or preparations produced from the plant, its seeds or resin.

B. "Enforcement officer" is the health officer, sheriff, agricultural commissioner, community development director, or their designees, or any person authorized by the County of Trinity to enforce the provisions of this chapter.

(Ord. No. 1379, § II, 4-21-26)

A. Industrial hemp cultivation is hereby prohibited in Trinity County. No person or entity may establish or operate an industrial hemp cultivation facility within Trinity County. A property owner may not allow their property to be used by any person or entity for industrial hemp cultivation.

B. The provisions of this section shall not be construed to protect any person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, and/or use of controlled substances, or to authorize conduct that is unlawful under state or federal law.

C. This chapter is not intended to and does not authorize conduct or acts that violate federal law, does not serve in any manner as an obstacle to enforcement of federal law, and does not protect any of the above-described persons from arrest or prosecution under those federal laws. Such persons assume any and all risk and any and all liability that may arise or result under state and federal laws from the cultivation of industrial hemp. Further, to the fullest extent permitted by laws, any actions taken under the provisions of this chapter by any public officer or employee of the County of Trinity or Trinity County itself shall not become a personal liability of such person or a liability of the county.

(Ord. No. 1379, § II, 4-21-26)

Any violation of this chapter constitutes a nuisance and is subject to fines, penalties and abatement pursuant to Chapter 8.64 and 8.90 of the Trinity County Code.

(Ord. No. 1379, § II, 4-21-26)

A. Notwithstanding any other provision of this chapter, any violation of this chapter that constitutes an immediate and substantial threat to the public health or safety, based on exigent circumstances, and where there is insufficient time to: (1) obtain an inspection warrant, and (2) comply with the abatement procedures set out in Chapter 8.64 of the Trinity County Code, to mitigate the threat, the enforcement official may direct any officer or employee of the county to summarily abate the nuisance.

B. The county shall make reasonable efforts to notify the owner and/or the alleged violator.

C. The county may recover its cost for summarily abating the nuisance in the manner set forth in Chapter 8.64 et seq. and may include any costs on the property owner's tax bill.

(Ord. No. 1379, § II, 4-21-26)

This chapter may be enforced by the enforcement officer.

(Ord. No. 1379, § II, 4-21-26)