§ 50-800. Purpose.

The purpose and intent of this article is to regulate the cultivation of non-medical marijuana in a manner that protects the health, safety and welfare of the community. Health and Safety Code § 11362.2 authorizes the city to adopt reasonable regulations regarding the cultivation of non-medical marijuana inside a private residence or accessory structure to a private residence. That section also authorizes the city to completely prohibit the cultivation of non-medical marijuana outside, as long as the California Attorney General has not made a determination that the non-medical use of marijuana is lawful in California under federal law. The attorney general has not made such a determination.

This article is not intended to interfere with the right of an individual 21 years of age or over to cultivate non-medical marijuana, as provided for by Proposition 64, also known as the Control, Regulate and Tax Adult Use of Marijuana Act. This article is not intended to give any person independent legal authority to grow non-medical marijuana; it is intended simply to impose reasonable regulations on the cultivation of non-medical marijuana when cultivation is authorized by California state law.

Furthermore, it is the purpose and intent of this article to require that non-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 non-medical marijuana plants from impacting adjacent properties; and to ensure that marijuana grown in the city remains secured.

(Ord. No. 2016-009, § 3, 9-22-2016)