CA: 'The 99 Program' - Chapter 9.31 of The Mendocino County Code Amended

Discussion in 'Medicinal Marijuana' started by ScrogBetty, Jan 9, 2013.

  1. ScrogBetty

    ScrogBetty Admin Staff Member

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    ORDINANCE NO. _______
    ORDINANCE AMENDING CHAPTER 9.31 OF TITLE 9 OF THE
    MENDOCINO COUNTY CODE ENTITLED
    "MEDICAL MARIJUANA CULTIVATION REGULATION"
    The Board of Supervisors of the County of Mendocino ordains as follows:
    Chapter 9.31 of Title 9 of the Mendocino County Code is amended to read as follows:
    "MEDICAL MARIJUANA CULTIVATION REGULATION
    Section 9. 31.010 Purpose and Intent.
    It is the purpose and intent of this Chapter to regulate medical marijuana in a
    manner that is consistent with State law and which promotes the health, safety,
    and general welfare of the residents and businesses within the unincorporated
    territory of the County of Mendocino by balancing: (1) the needs of medical
    patients and their caregivers for enhanced access to medical marijuana; (2) the
    needs of neighbors and communities to be protected from public safety and
    nuisance impacts; and (3) the need to limit harmful environmental impacts that
    are sometimes associated with marijuana cultivation. Nothing in this Chapter
    shall be construed to: (1) allow persons to engage in conduct that endangers
    others or causes a public nuisance as defined herein; (2) allow the use or
    diversion of marijuana for nonmedical purposes; or (3) allow any activity relating
    to the cultivation, distribution or consumption of marijuana that is otherwise illegal
    under California State law.
    Section 9.31.020 Findings.
    (A) The voters of the State of California approved Proposition 215 (codified
    as Health and Safety Code Section 11362.5 and entitled “The Compassionate
    Use Act of 1996”).
    (B) The intent of Proposition 215 was to ensure that seriously ill Californians
    have the right to obtain and use marijuana for medical purposes where that
    medical use is deemed appropriate and has been recommended by a physician,
    and to ensure that patients and their primary caregivers who obtain and use
    marijuana for medical purposes upon the recommendation of a physician are not
    thereby subject to criminal prosecution or sanction. The Act further 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.”
    (C) The State enacted SB 420 in 2004 (codified as Health and Safety Code
    Section 11362.7 et seq.) to clarify the scope of The Compassionate Use Act of
    1996, facilitate the prompt identification of qualified patients and primary
    caregivers, avoid unnecessary arrest and prosecution of these individuals,
    provide needed guidance to law enforcement officers, promote uniform and
    consistent application of the Act, and enhance the access of patients and
    caregivers to medical marijuana through collective, cooperative cultivation
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    projects and to allow local governing bodies to adopt and enforce rules and
    regulations consistent with SB 420.
    (D) Marijuana plants, whether grown indoors or outdoors, especially as they
    mature prior to harvest, may produce a distinctive odor that may be detectable
    far beyond property boundaries.
    (E) Each year since 2004, the Mendocino County Air Quality Management
    District has received a significant number of formal complaints of odor related to
    the cultivation of marijuana in residential neighborhoods.
    (F) Marijuana, whether grown for medicinal purposes, or diverted to the black
    market, may be sold for thousands of dollars per pound.
    (G) The strong smell of marijuana may create an attractive nuisance, alerting
    persons to the location of the valuable plants, and creating a risk of burglary,
    robbery and armed robbery.
    (H) There have been several marijuana related incidents of burglary, robbery
    and armed robbery, some including acts of violence resulting in injury or death.
    (I) Marijuana that is grown indoors may require excessive use of electricity
    which may overload standard electrical systems creating an unreasonable risk of
    fire. If indoor grow lighting systems are powered by diesel generators, improper
    maintenance of the generators and fuel lines and the improper storage and
    disposal of diesel fuel and waste oil may create an unreasonable risk of fire and
    pollution.
    (J) The right of qualified patients and their primary caregivers under State
    law to cultivate marijuana plants for medical purposes does not confer upon them
    the right to create or maintain a public nuisance. By permitting no more than
    twenty-five (25) marijuana plants on any one (1) legal parcel, the County
    anticipates a significant reduction in the complaints of odor and the risks of fire,
    crime and pollution described herein.
    (K) The County finds that the indoor or outdoor cultivation of more than
    twenty-five (25) marijuana plants on any one (1) legal parcel within the
    unincorporated area of the County for medicinal purposes will likely result in an
    unreasonable risk of crime and will likely create odors offensive to persons living
    nearby notwithstanding the limitations on cultivation that are imposed within this
    Chapter. The County further finds that the indoor cultivation of more than twentyfive
    (25) marijuana plants on any one (1) legal parcel may create an
    unreasonable risk of fire and/or pollution.
    (L) The County further finds that qualified patients and primary caregivers,
    either as individuals or who operate or are members of collectives and
    cooperatives as defined herein may be granted an exemption to cultivate medical
    marijuana in excess of twenty-five (25) plants per parcel, provided they apply for,
    obtain, and operate in compliance with a permit, as provided for herein, that is
    conditioned to limit environmental, neighborhood, and community impacts.
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    Section 9.31.030 Definitions.
    As used herein the following definitions shall apply:
    "Applicant" means a person(s) who applies for an exemption to the twenty-five
    (25) plant per parcel limitation as specified under 9.31.110.
    “Attorney General's Guidelines” means Guidelines for the Security and Non-
    Diversion of Marijuana Grown for Medical Use issued by the Attorney General in
    August 2008.
    "Church" means a structure or leased portion of a structure, which is used
    primarily for religious worship and related religious activities.
    “Cultivation” means the planting, growing, harvesting, drying or processing of
    marijuana plants or any part thereof.
    "Identification card" shall have the same definition as California Health and
    Safety Code Section 11362.5 et seq., and as may be amended.
    “Indoors” means within a fully enclosed and secure structure that complies with
    the California Building Code (CBC), as adopted by the County of Mendocino, that
    has a complete roof enclosure supported by connecting walls extending from the
    ground to the roof, and a foundation, slab, or equivalent base to which the floor is
    securely attached. The structure must be secure against unauthorized entry,
    accessible only through one or more lockable doors, and constructed of solid
    materials that cannot easily be broken through, such as 2” x 4” or thicker studs
    overlain with 3/8” or thicker plywood or equivalent materials. Plastic sheeting,
    regardless of gauge, or similar products do not satisfy this requirement.
    “Legal parcel” means a parcel of land for which one (1) legal title exists. Where
    contiguous legal parcels are under common ownership or control, such legal
    parcels shall be counted as a single parcel for purposes of this Chapter.
    “Medical Marijuana Collective” means qualified patients, persons with valid
    identification cards, and the designated primary caregivers of qualified patients
    who associate by written agreement, or form a cooperative in accordance with
    Section 12300 of the Corporations Code within the unincorporated area of the
    County in order to collectively or cooperatively cultivate, store, and/or dispense
    marijuana for medical purposes, as provided in Health and Safety Code Section
    11362.775. The term collective shall include “cooperative” unless the context
    clearly indicates otherwise.
    “Outdoors” means any location that is not “indoors” within a fully enclosed and
    secure structure as defined herein.
    “Parcel” means a “legal parcel” as defined herein.
    “Permittee” means an individual or collective to whom an exemption permit is
    issued as set forth in Section 9.31.110.
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    “Primary caregiver” means a “primary caregiver” as defined in Health and Safety
    Code Section 11362.7(d).
    “Qualified patient” means a “qualified patient” as defined in Health and Safety​
    Source - ​
     

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