Yreka Municipal Code Art. III Restrictions and Requirements

The following regulations shall apply to the cultivation of non-medical cannabis within the city:

A. Cultivation not in compliance with this article. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises, or portion thereof, within any zoning district in the city to cultivate non-medical cannabis except as provided for in this code. No person other than an individual twenty-one years of age or older may engage in the cultivation of non-medical cannabis.

B. Outdoor cultivation. It is unlawful and a public nuisance for any person owning, leasing, renting, occupying, or having charge or possession of any parcel within any zoning district in the city to cause or allow such parcel or premises to be used for the outdoor cultivation of non-medical cannabis.

C. Indoor cultivation. Indoor cultivation of non-medical marijuana is prohibited in all zoning districts of the city, except for residential zones or in commercial zones, when such cultivation occurs on a parcel or premises with an approved private residence. All cultivation must be in compliance with this article.

D. Indoor cultivation in private residence. The indoor cultivation of non-medical cannabis in a residential zone or in a commercial zone on a parcel or premises with an approved private residence shall only be conducted within a fully enclosed and secure structure or within a residential structure. Such cultivation shall be in conformance with the following minimum standards:

1. The primary use of the property shall be for residential use. Non-medical cannabis cultivation is prohibited as a home occupation.

2. All areas used for cultivation of non-medical cannabis shall comply with Chapter 18 (Buildings and Building Regulations) of the Yreka Municipal Code, as well as applicable law.

3. Indoor grow lights shall not exceed one thousand two hundred watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the city.

4. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of non-medical cannabis is prohibited.

5. Any fully enclosed and secure structure or residential structure used for the cultivation of non-medical cannabis must have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with Chapter 18 (Building and Building Regulations) of the Yreka Municipal Code.

6. A fully enclosed and secure structure used for the cultivation of non-medical cannabis shall be located in the rear yard area of the parcel or premises, and must maintain a minimum ten-foot setback from any property line. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height. This provision shall not apply to cultivation occurring within a garage.

7. Adequate mechanical locking or electronic security systems must be installed as part of the fully enclosed and secure structure or the residential structure prior to the commencement of cultivation.

8. Non-medical cannabis cultivation shall be limited to six cannabis plants per private residence, regardless of whether the cannabis is cultivated inside the residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence.

9. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. The rooms used for cooking, sleeping and sanitation facilities shall not be used for non-medical cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, bathing and toilet facilities.

10. Cultivation of non-medical cannabis shall only take place on impervious surfaces.

11. Written consent of the property owner to cultivate non-medical cannabis within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the chief of police or his/her designee.

12. A portable fire extinguisher, that complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of non-medical cannabis. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs.

(Ord. No. 850, § 2, 9-7-2017; Ord. No. 885, § 7, 10-21-2025)

Delivery is prohibited in the city. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises, or portion thereof, within any zoning district in the city for any person to engage in, conduct, on, or to permit to be engaged in, conducted or on, in or upon any premises in the city, non-medical cannabis deliveries. This section shall not be interpreted to prohibit the transportation of non-medical cannabis through the city on public roads, as long as such transportation does not involve the delivery of non-medical cannabis within the city.

(Ord. No. 850, § 2, 9-7-2017; Ord. No. 885, § 7, 10-21-2025)

It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises, or portion thereof, within any zoning district in the city, including those zones permitting other agricultural activities, to engage in any commercial cannabis activity, including, sales, dispensing, distribution, manufacture and testing and are hereby prohibited. It shall be unlawful for any person owning, leasing, renting, occupying, or having charge or possession of any parcel within any zoning district in the city to cause or allow such parcel or premises to be used for a commercial cannabis activity, including, sales, dispensing, distribution, manufacture and testing. No person may own, establish, open, operate, conduct, or manage any commercial cannabis activity in the city, or be the lessor of property where a commercial cannabis activity is located within any zone in the city. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any zone within the city.

(Ord. No. 850, § 2, 9-7-2017)