Chapter 23.83
INDOOR PERSONAL MARIJUANA CULTIVATION
Sections:
23.83.030 Cultivation of marijuana for personal use.
23.83.010 Purpose and intent.
It is the purpose and intent of this chapter to enact and enforce reasonable regulations to reasonably regulate the ability of an individual twenty-one (21) years of age or older to possess, plant, cultivate, harvest, dry, or process, for personal noncommercial use, not more than six (6) living marijuana plants indoors and to possess the marijuana produced by the plants, all in accordance with the Adult Use of Marijuana Act of 2016 and, specifically, Sections 11362.1 and 11362.2 of the Health and Safety Code. The cultivation of marijuana for personal noncommercial use may only take place in accordance with this chapter. Nothing herein is intended to alter or amend any other local, State, or Federal law or regulations concerning marijuana. [Ord. 10-2017 §3 (Exh. A), eff. 5-12-2017]
23.83.020 Definitions.
Consistent with the definitions set forth in the Adult Use of Marijuana Act of 2016, for the purposes of this chapter, the following words shall have the following meanings. If a word is not defined in this chapter, the common and ordinary meaning of the word shall apply.
A. “Accessory structure” means a legally existing fully enclosed detached structure no larger than one hundred twenty (120 ft2) square feet in size that is fully enclosed with walls for all perimeters of the building, including, without limitation, a storage shed located on the same legal parcel as a private residence.
B. “Commercial marijuana activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, or sale of marijuana and marijuana products for commercial purposes, whether or not conducted with a license issued in accordance with Division 10 of the Business and Professions Code (Business and Professions Code Section 26000 et seq.).
C. “Cultivate” or “cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
D. “Distribution” means the commercial procurement, sale, and transport of marijuana and marijuana products whether or not conducted with a license issued in accordance with Division 10 of the Business and Professions Code (Business and Professions Code Section 26000 et seq.).
E. “Indoor” means inside a private residence, residential structure, or accessory structure.
F. “Legal parcel” means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.).
G. “Manufacture” means the commercial production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extractions and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or relabels its container.
H. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resins. Marijuana does not include:
1. Industrial hemp, as defined in Health and Safety Code Section 11018.5; or
2. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.
The terms “marijuana” and “cannabis” shall be synonymous and have the same meaning.
I. “Marijuana products” means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
J. “Outdoor” means any location within the City of Elk Grove that is not within a fully enclosed structure.
K. “Premises” means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single “premises” for purposes of this chapter.
L. “Private residence” means a legally existing house, apartment unit, mobile home, or other similar dwelling. A legally existing accessory structure located on the same legal parcel as a private residence shall be considered a part of that private residence.
M. “Residential structure” means any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation on a premises or legal parcel located within a zoning district authorizing such use and which may be legally occupied by persons. [Ord. 10-2017 §3 (Exh. A), eff. 5-12-2017]
23.83.030 Cultivation of marijuana for personal use.
The following regulations shall apply to the cultivation of marijuana for personal use within the City:
A. It shall be unlawful and a public nuisance for any person under twenty-one (21) years of age to cultivate marijuana.
B. It shall be unlawful and a public nuisance for any person to cultivate marijuana for any commercial marijuana activity. Notwithstanding the foregoing, nothing herein is intended to prohibit the transportation of marijuana or marijuana products on public roads by a licensee duly licensed and acting in compliance with Division 10 of the Business and Professions Code (Business and Professions Code Section 26000 et seq.). Commercial delivery of marijuana in the City is prohibited.
C. It shall be unlawful and a public nuisance for any person twenty-one (21) years of age or older who owns, leases, occupies, or has charge or possession of any legal parcel or premises within any zoning district in the City of Elk Grove to cultivate marijuana for personal use except as provided for in this chapter.
D. Limitations on Cultivation. Not more than a total of six (6) living marijuana plants may be planted, cultivated, harvested, dried, or processed inside a single private residence and/or inside an accessory structure located on the grounds where the private residence is located, at any one time. The living marijuana plants and any marijuana produced by the plants in excess of twenty-eight and one-half (28.5) grams shall be kept within the private residence or accessory structure located upon the premises, in a locked space, and not visible by normal unaided vision from a public view.
E. Residency Requirement. Any person who cultivates marijuana for personal use shall reside full-time on the premises where the marijuana cultivation occurs.
F. Outdoor Cultivation Prohibited. It shall be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any legal parcel or premises within any zoning district in the City of Elk Grove to cause, or allow such parcel or premises to be used for, the outdoor cultivation of marijuana or marijuana products.
G. Cultivation in Private Residences Only. Personal cultivation of marijuana is prohibited in all zoning districts except inside a private residence or inside an accessory structure located on the same legal parcel as a private residence, as permitted under EGMC Section 23.27.020 and Use Table 23.27-1, and all subject to the regulations set forth in this chapter.
H. Indoor Personal Cultivation. The indoor personal cultivation of marijuana inside a private residence or inside an accessory structure located on the same legal parcel as a private residence, as permitted herein, shall only be conducted consistent with the following minimum standards:
1. Structures shall comply with all laws concerning building and construction of structures, including, without limitation, and as applicable, the Zoning Code, the California Building Code, Electrical Code, and Fire Code, as adopted by the City of Elk Grove.
2. Marijuana cultivation lighting shall not exceed a total of one thousand two hundred (1,200) watts for the cultivation area within the private residence.
3. The indoor use of generators and/or the indoor use of gas products, including, without limitation, CO2, butane, propane, and natural gas shall be prohibited for the cultivation of marijuana.
4. The private residence shall maintain fully functional kitchen, bathroom, and bedroom facilities for use by the residents and guests, and the private residence shall not be used primarily for marijuana cultivation.
5. Marijuana cultivation areas shall not be readily accessible to persons under twenty-one (21) years of age.
6. Any private residence or accessory structure used for marijuana cultivation shall contain a lock on the entry door, which shall remain locked at all times, except when the accessory structure is in use or occupied by a person twenty-one (21) years of age or older authorized to cultivate marijuana pursuant to this chapter.
7. Marijuana cultivation activities, including marijuana plants and equipment, shall not be visible from a public right-of-way.
8. No marijuana may be cultivated in a rented private residence without the express consent of the property owner.
9. Marijuana cultivation shall not be conducted in such a manner as to emit detrimental odorous emissions outside of the private residence in violation of EGMC Section 23.60.050. [Ord. 10-2017 §3 (Exh. A), eff. 5-12-2017]
23.83.040 Enforcement.
A. Violations of this chapter shall constitute a public nuisance and may be enforced pursuant to the provisions of EGMC Title 1 and EGMC Chapter 16.18.
B. Consistent with the restrictions set forth in Section 11362.2(a)(3) of the California Health and Safety Code, the City may seize and destroy any living marijuana plants found in excess of the six (6) plants allowed under EGMC Section 23.83.030(D).
C. Upon discovery of a violation of this chapter, the City may require all marijuana plants and marijuana in excess of twenty-eight and one-half (28.5) grams to be removed from the premises upon twenty-four (24) hours’ notice from the City, or immediately if the City determines such action is necessary to protect the health, welfare and/or safety of the public and/or occupants of the premises.
D. The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable or criminal, afforded to the City under the law. Pursuit of one remedy under this chapter, or any other provision of law, shall not preclude pursuit of any other remedy provided herein or any other provision of law.
E. Any notice of violation of this chapter may be appealed pursuant to EGMC Chapter 1.11. [Ord. 25-2018 §3 (Exh. A), eff. 2-8-2019; Ord. 10-2017 §3 (Exh. A), eff. 5-12-2017]