§ 50-700. Purpose and findings.

The city council adopts this chapter based on the following:

(1)

The purpose and intent of this article is to regulate the cultivation of medical marijuana in a manner that protects the health, safety and welfare of the community. This article is not intended to interfere with a qualified patient's right to medical marijuana, as provided for in California Health and Safety Code § 11362.5 or 11362.7 et seq., nor does it criminalize medical marijuana possession or cultivation by specifically defined classifications of persons, pursuant to state law. This article is not intended to give any person independent legal authority to grow medical marijuana; it is intended simply to impose restrictions on the cultivation of medical marijuana when cultivation is authorized by California state law for medical purposes.

Furthermore, it is the purpose and intent of this article to require that medical marijuana be cultivated only in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public; to provide for the health, safety and welfare of the public; to prevent odor created by medical marijuana plants from impacting adjacent properties; and to ensure that marijuana grown for medical purposes remains secure and does not find its way to non-patients or illicit markets.

Nothing in this article is intended to interfere with limited criminal defenses to violations of state law available to persons in possession of medical marijuana pursuant to Health and Safety Code § 11362.5 or 11362.7 et seq. Nothing in this article is intended to authorize the cultivation, possession, or use of marijuana for non-medical purposes in violation of state or federal law.

(2)

Findings.

a.

On November 5, 1996, the voters of the state of California approved Proposition 215, codified as Health and Safety Code § 11362.5 et seq. and entitled "The Compassionate Use Act of 1996" ("CUA" or "Act"). The intent of Proposition 215 was to enable persons who are in need of medical marijuana for specified medical purposes to obtain and use it under limited, specified circumstances, and provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes."

b.

In 2004, the California Legislature adopted Senate Bill 420, adding Article 2.5, "Medical Marijuana Program" to Division 10 of the California Health and Safety Code § 11362.7, et seq. ("Medical Marijuana Program Act", "MMPA" or "Program"). The MMPA was intended to clarify the scope of Proposition 215, and to provide for certain additional immunities from state marijuana laws. Health and Safety Code § 11362.83 also authorized cities and other local governing bodies to adopt and enforce rules and regulations consistent with the MMPA.

c.

Prior to the enactment of this article, there were no regulations addressing cultivation of medical marijuana. Neither Proposition 215 nor Senate Bill 420, nor the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, August 2008, ("Guidelines") provide comprehensive civil regulation of premises used for marijuana cultivation.

d.

Neither the CUA nor the MMPA create a right to the unregulated cultivation of medical marijuana. The unregulated cultivation of medical marijuana can adversely affect the health, safety and well-being of the city and its residents. Comprehensive regulation of premises used for marijuana cultivation is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, smells and indoor electrical fire hazards that may result from unregulated medical marijuana cultivation, especially if the amount of medical marijuana cultivated on a single premises is not regulated and substantial amounts of medical marijuana can be cultivated in a concentrated place.

e.

The indoor cultivation of substantial amounts of medical marijuana also frequently requires excessive use of electricity, which often creates an unreasonable risk of fire from the electrical grow lighting systems used in indoor cultivation. Additionally, the cultivation of marijuana can harm the rental housing stock if marijuana is grown in large quantities indoors. The heat created by lighting and the moisture from watering plants indoors on permeable surfaces can damage walls, carpets and flooring.

f.

Children are particularly vulnerable to the effects of marijuana use, and the presence of medical marijuana plants may be an attractive nuisance for children, creating an unreasonable hazard. Cultivation of marijuana outdoors, where the marijuana plants may be observed by juveniles, therefore especially vulnerable to theft or recreational consumption by juveniles, is harmful to the residents of the city because the city is a family oriented community. Further, the potential for criminal activities associated with marijuana cultivation in outdoor locations poses heightened risks that juveniles will be involved or endangered, or that the premise will be the target of crime. Therefore, cultivation of any amount of marijuana in outdoor locations is especially hazardous to public safety and welfare, and to the protection of children and the person(s) cultivating the marijuana plants.

g.

As recognized in the guidelines, the cultivation or other concentration of medical marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime.

h.

The limited right of qualified patients and their primary caregivers under state law to cultivate marijuana plants for medical purposes does not confer the right to create or maintain a public nuisance. By adopting the regulations contained in this article, the city will achieve a significant reduction in the harms caused or threatened by the unregulated cultivation of marijuana.

i.

The city enacts the ordinance from which this article is derived to establish reasonable regulations upon the manner in which marijuana may be cultivated including restrictions on the amount of marijuana that may be cultivated in any location or premises, in order to protect the public health, safety, and welfare in the city.

j.

California cities that allow the unregulated cultivation of marijuana have experienced crime associated with the cultivation, such as burglary, robbery, home invasion style robberies, and sale of other illegal narcotics in the area immediately surrounding the premises cultivating of marijuana. The unregulated cultivation of marijuana poses a threat to the public health, safety, and welfare of the residents that are located near properties where marijuana cultivation occurs. The Citrus Heights Police Department field numerous complaints each month during the marijuana grow season that relate to the powerful odor of marijuana plants. Residents who reside near the area where marijuana cultivation occurs, experience a reduced quality of life due to the noxious fumes of marijuana plants, the increased potential of violent crimes in the area near marijuana cultivation, and the increased potential of fire and/or chemical hazards associated with cultivation of marijuana.

k.

The limited right of qualified patients and their primary caregivers under state law to cultivate marijuana plants for medical purposes does not confer the right to create or maintain a public nuisance.

l.

Nothing in this article shall be construed to allow the use of marijuana for non-medical purposes, or to allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under state or federal law.

m.

This article does not prohibit the cultivation of medical marijuana by qualified patients or primary caregivers. This article merely regulates and restricts locations and amounts of medical marijuana that may be grown on particular parcels.

(Ord. No. 2013-007, § 1, 7-11-2013)