Madera County

Chapter 18.87 Regulations for Medical Marijuana Cultivation and Growing (2012)

Madera

City Ordinance

CHAPTER 15: MEDICAL MARIJUANA

Section

4-15.01     Purpose and intent

4-15.02     Definitions

4-15.03     Regulations applicable to the cultivation of medical marijuana

4-15.04     Regulations applicable to the use or consumption of medical marijuana

4-15.05     Penalties and enforcement

§ 4-15.01  PURPOSE AND INTENT.

1. It is the purpose of this chapter to promote the health, safety, morals, general welfare, and enjoyment of private property of the residents within the city by restricting the public use and consumption of marijuana for medical purposes and by regulating the individual cultivation of medical marijuana.
2. The City Council finds that the regulation established by this Chapter 4-15 is necessary in order to avoid adverse effects that would occur in the absence of any local regulations due to the uncertainty caused by the fact that state law expressly permits activity that is prohibited under federal law.  However, in enacting this chapter, the City Council does not intend to create new or separate permissive authority for the use, cultivation, or consumption of any substance that is prohibited by federal law.  Accordingly, in the event state law defining medical marijuana and making its possession, cultivation, and use permitted under state criminal laws is repealed, or in the event federal law is determined to preempt state law on this issue, the City Council intends Chapter 4-15 to also be repealed to correspond to state law, or to be preempted by action of federal law, as the case may be.

(Ord. 896 C.S., passed 5-2-12)

§ 4-15.02  DEFINITIONS.

For purposes of this chapter, the following definitions shall apply:

CULTIVATION OF MEDICAL MARIJUANA.  The growing of medical marijuana or medical purposes as defined in strict accordance with Cal. Health and Safety Code §§ 11362.5 and 11362.7 et seq.

MEDICAL MARIJUANA.  Defined in strict accordance with Cal. Health and Safety Code §§ 11362.5 and 11362.7 et seq.

(Ord. 896 C.S., passed 5-2-12)

§ 4-15.03  REGULATIONS APPLICABLE TO THE CULTIVATION OF MEDICAL MARIJUANA.

To the extent that the city is required to allow the cultivation of medical marijuana under state law, the rules set forth in this chapter shall apply.  Nothing in this section shall be interpreted to permit medical marijuana dispensaries otherwise prohibited by this chapter.

1. Secure enclosed structure.  The cultivation of medical marijuana shall at all times only occur within a fully enclosed and adequately secured building having at least four solid walls and roof of masonry, metal, or wood, and standard locks, but not within any portion of a building or structure dedicated to living space.
2. The building within which cultivation of medical marijuana occurs, and any improvements within such building, shall meet all applicable building and zoning requirements (including but not limited to required setbacks, height limitations, and fire sprinkler requirements), and the structure and improvements themselves shall have been properly permitted and inspected.
3. The total area dedicated to cultivation of medical marijuana shall be limited to a total of 100 square feet per parcel.
4. Any person responsible for cultivation of medical marijuana shall maintain evidence of qualification to use and cultivate medical marijuana as required by state law.
5. No cultivation in conjunction with a business; no sales of goods or services.  The cultivation shall not occur in conjunction with any business.  No products or services shall be sold from the property where the cultivation occurs.
6. Cultivation is prohibited within 2,000 feet of any school, public park or any large daycare facility.  For purposes of this subsection, LARGE DAYCARE FACILITY is as defined in Cal. Health and Safety Code § 1596.78.
7. Cultivation may only be conducted by the property owner of the subject property or a resident of the subject property with written permission of the property owner of the subject property to conduct cultivation.

(Ord. 896 C.S., passed 5-2-12)

§ 4-15.04  REGULATIONS APPLICABLE TO THE USE OR CONSUMPTION OF MEDICAL MARIJUANA.

No person shall smoke, ingest, or otherwise consume medical marijuana in the city unless each of the following conditions is met:

1. Such smoking, ingesting, or consumption occurs entirely within a private residence; and
2. No smoke or odor resulting from such smoking, ingesting, or consumption may be detected from any neighboring property or residence.

(Ord. 896 C.S., passed 5-2-12)

§ 4-15.05  PENALTIES AND ENFORCEMENT.

1. Violations of this chapter shall be considered misdemeanors and are punishable in accordance with Chapter 2 of Title 1 of this code. Each and every day, or portion thereof, a violation exists is a separate offense.  The city may also pursue all applicable civil and administrative remedies, including but not limited to injunctive relief and administrative citations.
2. Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this chapter unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue noncriminal remedies for violations of this chapter.

(Ord. 896 C.S., passed 5-2-12)