Chapter 8.27 MEDICAL MARIJUANA CULTIVATION

Chapter 8.27
MEDICAL MARIJUANA CULTIVATION

Sections:

8.27.020 Definition of medical marijuana cultivation.

8.27.030 Medical marijuana cultivation prohibited.

8.27.010 Findings and purpose.

A. In enacting this chapter, the city council hereby finds and determines as follows:

1. In 1996, California voters approved Proposition 215, the Compassionate Use Act ("CUA"), followed by the Congressional enactment of Senate Bill 420, the Medical Marijuana Program Act ("MMPA") in 2004, both codified as California Health and Safety Code Sections 11362.7 through 11362.83.

2. The CUA and MMPA regulate medical marijuana and create a limited exception from criminal liability for seriously ill persons who are in need of medical marijuana for specified medical purposes and who obtain and use medical marijuana under limited, specified circumstances.

3. In particular, the CUA only provides a defense from criminal prosecution for possession and cultivation of marijuana to qualified patients and their primary caregivers. Further, the scope of the MMPA only establishes a statewide identification program and affords qualified patients, persons with identification cards and their primary caregivers an affirmative defense to certain enumerated criminal sanctions that would otherwise apply to transporting, processing, administering or distributing marijuana.

4. On August 25, 2008, Edmond G. Brown, the California Attorney General, issued "Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use" ("the Attorney General Guidelines"), which sets regulations intended to ensure the security and nondiversion of marijuana grown for medical use by qualified patients. Health and Safety Code Section 11362.81(d) authorizes the Attorney General to "develop and adopt appropriate guidelines to ensure the security and non-diversion of marijuana grown for medical use by patients qualified under the CUA." Nothing in the Guidelines imposes an affirmative mandate upon local governments, such as the city of Angels Camp, to allow, sanction or permit the cultivation of medical marijuana within their jurisdictional limits.

5. It is critical to note that the CUA or MMPA do not abrogate the city’s powers to regulate for public health, safety and welfare. Health and Safety Code Section 11362.5(b)(2) expressly anticipates the enactment of additional local legislation, providing, "Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes."

6. In 2015, the Legislature enacted, and the Governor signed, a trio of bills that comprise the Medical Marijuana Regulation and Safety Act ("MMRSA") which expressly recognizes and authorizes cities and counties to prohibit cultivation of marijuana within their municipal territories.

7. The city council takes legislative notice that other California cities and counties which have permitted the cultivation of medical marijuana within their city limits have experienced serious adverse impacts associated with and resulting from such cultivation. These impacts include damage to buildings in which cultivation occurs, including improper and dangerous electrical alterations and use, inadequate ventilation, increased occurrences of home-invasion robberies and similar crimes and nuisances to neighboring properties from the strong and potentially noxious odors from the plants and increased crime.

B. The purpose of this chapter is to prohibit the cultivation of medical marijuana within the city of Angels Camp and adopt rules consistent with the CUA, MMPA, and MMRSA to regulate medical marijuana in a manner that protects the public health, safety and welfare of the community from any adverse impacts which such activities may have on nearby properties and residents, without interfering with the rights of qualified patients and their primary caregivers, as such terms are defined in the CUA and MMPA, to possess medical marijuana pursuant to state law. (Ord. 474 §1(part), 2016)

8.27.020 Definition of medical marijuana cultivation.

For purposes of this chapter, the term "medical marijuana cultivation" shall mean the planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof. (Ord. 474 §1(part), 2016)

8.27.030 Medical marijuana cultivation prohibited.

A. Medical marijuana cultivation is prohibited in the city of Angels Camp. No medical marijuana cultivation shall be allowed to operate in, be located in, or otherwise be permitted in the city of Angels Camp.

B. The city shall not issue, approve, or grant any permit, license or other entitlement for the cultivation of medical marijuana. (Ord. 474 §1(part), 2016)

8.27.040 Enforcement of this chapter.

The prohibitions of this chapter shall be enforced solely through means that are civil in nature, including by abatement and fines or penalties as provided within this code or as otherwise provided by law. The prohibitions of this chapter shall not be enforced through any criminal means. (Ord. 474 §1(part), 2016)