Chapter 18.102
REGULATION OF MARIJUANA

Sections:

18.102.010    Commercial marijuana activity prohibited.

18.102.020    Cultivation of marijuana for personal use.

18.102.030    Transport and delivery of marijuana.

18.102.040    Restrictions on the use of marijuana.

18.102.045    Violation – Penalty.

18.102.050    Public nuisance.

18.102.010 Commercial marijuana activity prohibited.

In accordance with Business and Professions Code Section 26200, all commercial marijuana activity as defined in SCCC 18.06.010(m)(2)(B) is prohibited, whether temporary or permanent in nature, and whether for medical or nonmedical purposes. This chapter shall become inoperative on June 30, 2020, and shall be considered repealed on that date, unless this section is amended, or a later enacted ordinance becomes effective, on or before June 30, 2020, to delete or extend this date. (Ord. 2000 § 1, 5-21-19).

18.102.020 Cultivation of marijuana for personal use.

No more than six living marijuana plants, whether mature or immature, may be planted, cultivated, harvested, dried, or processed for personal use within the confines of a single private residence. Any such indoor cultivation for personal use must comply with the following requirements:

(a) Marijuana cultivation, including but not limited to any lighting, plumbing, building, or electrical components used for cultivation, must comply with current requirements in SCCC Title 15.

(b) In addition to the requirements set forth in SCCC Title 15, indoor cultivation of marijuana must comply with the following requirements:

(1) Lighting used for marijuana cultivation may not exceed one thousand (1,000) watts per light, unless certified by a licensed electrical contractor. High intensity discharge (HID) lighting – including, but not limited to, mercury-vapor lamps, high-pressure sodium (HPS) lamps, metal-halide (MH) lamps, ceramic MH lamps, sodium-vapor lamps, high-pressure sodium-vapor lamps, and xenon short-arc lamps – are prohibited in cultivation areas.

(2) The use of gas products including, but not limited to, carbon dioxide and butane, carbon dioxide and ozone generators, or other flammable solvents or chemicals, for marijuana cultivation, processing or manufacturing is prohibited.

(3) Area(s) where marijuana is cultivated, processed, or manufactured must contain adequate ventilation and filtration systems to ensure that odors from such activities are not detectable by a person with reasonable sensitivity from any adjoining lot, parcel, tract, public right-of-way, building unit or residential unit, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence.

(4) Marijuana cultivation may not be conducted in a manner that constitutes a public nuisance. A public nuisance may exist if the cultivation produces light, glare, heat, noise, vibration, odors, smells, or other stimulus that is, or whose effect is, either detrimental to public health, safety, or welfare, or interferes with the reasonable enjoyment of property.

(5) Materials or products used for marijuana cultivation, processing or manufacturing shall not be stored inside habitable areas of the residence or within public view from neighboring properties or public rights-of-way, or in a manner detrimental to public health, safety, or welfare.

(6) The residential structure shall remain at all times a residence, with legal and fully functional cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for marijuana cultivation. The premises shall not be used primarily or exclusively for marijuana cultivation. The owner of the marijuana plants shall reside full-time in the residence where the cultivation occurs.

(7) The marijuana cultivation area shall be located within a fully enclosed and secured structure, area, or room, inaccessible to minors, and shall not be visible from the public right-of-way. The marijuana plant(s) cannot come within twelve (12) inches of the ceiling or any source of heat or lighting in the enclosed area or room in which it is grown.

(c) Nothing in this chapter is intended to prohibit property owners from more strictly regulating indoor and outdoor cultivation of marijuana upon their property, including complete prohibition. (Ord. 1973 § 3, 11-21-17).

18.102.030 Transport and delivery of marijuana.

Nothing in this chapter shall be deemed to prevent transportation of marijuana or marijuana products on public roads by a State licensee acting in compliance with all applicable State and local laws and regulations, except that marijuana deliveries originating in or terminating in the City are prohibited. (Ord. 1973 § 3, 11-21-17).

18.102.040 Restrictions on the use of marijuana.

Consumption of marijuana in any form or manner is prohibited in all places where tobacco smoking is prohibited under State and local law. The provisions of Chapter 8.37 SCCC (“Smoking Lounges”) are inapplicable to commercial marijuana activity.

Any conduct otherwise permitted under Health and Safety Code Section 11362.1 is prohibited within any buildings owned, leased or occupied by the City. (Ord. 1973 § 3, 11-21-17).

18.102.045 Violation – Penalty.*

Pursuant to SCCC 1.05.070, the City, in its prosecutorial discretion, may enforce violation(s) of the provisions of this chapter as a criminal, civil and/or administrative action. In addition, the City may pursue any and all remedies available under any applicable law including, but not limited to, a criminal action pursuant to the Health and Safety Code or the Revenue and Taxation Code, and/or a civil action pursuant to the Business and Professions Code. (Ord. 1973 § 3, 11-21-17).

*Code reviser’s note: Ord. 1973 adds the provisions of this section as Section 18.102.040. The section has been editorially renumbered to prevent duplication of numbering.

18.102.050 Public nuisance.

Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the City pursuant to any applicable enforcement procedures set forth in SCCC Titles 1, 8 and/or 18, as determined by the City. (Ord. 1973 § 3, 11-21-17).