CA State Law SB 420 Medical Marijuana Cultivation & Possession Guidelines 8/17/2011

Julie Gardener

New Member
Local Medical Marijuana Cultivation & Possession Guidelines Under California State Law SB 420​

Updated 8/17/2011

Explanation of SB420 Cultivation Guidelines for...

Anderson
Arcata
Berkeley
Biggs
Butte
Chico
Corning
Dunsmuir
El Dorado
Eureka
Ft. Bragg
Fresno
Gridley
Humboldt
Imperial Beach
Kern County
Lake County
Lakeport
Lassen
Live Oak
Mendocino
Nevada
Oakland
Paradise
Redding
Rocklin
Roseville
Sacramento County
San Bernardino County
City of San Carlos
City of San Diego
San Francisco
City of San Mateo
Santa Cruz
Shasta Lake
Sonoma
South Lake Tahoe
Tehama
Trinity
Tulare

Localities NOT listed above adhere to CA state default guidelines, which are:
6 mature OR 12 immature plants and 8 oz. of dried processed marijuana.

For guidelines on collectives, cooperatives, and aggegate grows for multiple patients, see Local California Dispensary Regulations

NOTE: On May 22, 2008, the Second District of California Court of Appeals ruled that the state limits on medical marijuana possession and cultivation established under SB 420 are unconstitutional. The court's reasoning would seem to apply only when the SB 420 numbers are used to limit patients' rights, but has been interpreted otherwise by police who would prefer to ignore them. On January 21, 2010, the California Supreme Court in essence affirmed the ruling.

California NORML strongly advises Prop 215 patients to continue following the SB 420 guidelines — six mature or 12 immature plants and 8 ounces of processed marijuana except where local guidelines specify more. The Supreme Court's recent Kelly decision has been widely misinterpreted to imply that the limits no longer apply, and that patients can therefore grow as much as they want. In fact, the Court's decision lets the police arrest anyone who exceeds the guidelines, The only thing it disallows is for the guidelines to be used as a basis for conviction in criminal trials.

So, unless you don't mind being arrested and dragged into court for a felony trial, where you will have to show that the amount of marijuana you had was consistent with your medical needs, the best rule of thumb is to follow the guidelines. The Kelly decision simply re-affirms the original intent of SB 420, which was to establish reasonable guidelines for arrest - not automatic limits for guilt.

Below is the latest information about local guidelines; check with your local government entities for updates (and please let us know if this page needs to be updated). Localities NOT listed below adhere to CA state default guidelines of 6 mature OR 12 immature plants and 8 oz. of dried processed marijuana.

Anderson
On February 18, 2011, an ordinance took effect in Anderson that prohibits cultivation either inside a dwelling or in an outdoor garden, limits the growing, harvesting and processing of medical marijuana to a 50-square-foot outbuilding that is built to city, state and federal codes, is protected by an audible alarm system, and contains electrical, plumbing and ventilation. A suit was filed against the Anderson ordinance on April 15, 2011.

Arcata
City Council passed an ordinance 11/08 allowing no more than 50 square feet for cultivation. In addition, dispensaries will be prohibited from using more than 25% of their property for cultivation and patients must grow in their own homes, which must be mainly residential space. Those with special needs may request more grow space.

Berkeley
Measure JJ, passed by the voters in 2008, repealed Berkeley's plant and possession limits. Outdoor gardens that are observable are limited to 10 plants.

Biggs
City code requires marijuana be grown in a "fully enclosed and secure structure."

Butte Co.
UPDATE June 22, 2011 - Butte County Citizens for Compassionate Use have submitted 12,308 signatures on a referendum petition to suspend Butte county's controversial medical marijuana ordinance. The ordinance is now officially suspended for 30 days pending validation of the signatures. If, as seems likely, at least 7,600 are valid, the ordinance will remain suspended until it can be voted on in the Novemeber election.

On May 25, 2011, Butte County supervisors passed an ordinance setting permit fees for aggregate grows at $285, regardless of the size and acreage (waived for six plants). The ordinance takes effect June 23.

Limits are:
-On lots less than 0.5 acres: no cultivation allowed

-On lots between 0.5-1.5 acres: 6 mature plants or 12 total plants with a 15-foot setback

-Between 1.5 and 20 acres: up to 12 mature or 24 total plants and 100-foot setback

-Between 20 and 80 acres: up to 24 mature or 48 total plants and 250-foot setback

-Between 80 and 160 acres: up to 36 mature or 72 total plants and 500-foot setback

-Over 160 acres: up to 99 mature plants and 700-foot setback

No outdoor growing would be allowed within thirty (30) feet of any occupied residential structure located on a separate legal parcel, and no growing at all within 1000 feet of a school, etc. Any gardens over 6 plants must register with the Department of Development and pay fees.

Chico
Chapter 19.77 of Chico municipal code allows outdoor, residential cultivation of 50 square feet per parcel, regardless of the number of patients. Plants must be enclosed, screened, and 5 feet from the property line. Indoor cultivation (under 50 square feet and 1200 watts) can take place only with a permit stating outdoor is not possible and the building owner approves. States all marijuana grown must be for personal use only.

Corning
The city of Corning prohibits cultivation outdoors or in a residential structure. Gardens must be located in a secure detached structure in the rear yard only, removed ten feet from the property line and with a six foot solid fence and with a mechanical ventilation system and security system approved by a Building Official or the Police Dept.

Dunsmuir
On May 19, 2011 the city of Dunsmuir enacted an ordinance (Chapter 17.34 of city code) that disallows outdoor cultivation, and requires anyone growing for more than one person to submit an affidavit to the city manager. A maximum of 100 square feet may be grown per patient, not to exceed three patients per parcel. Patients must live on the property, and growing must take place in a garage.

El Dorado Co.
Sheriff & DA policy: Indoors - 10 flowering plants + 10 vegging + 1 mother; Outdoors: 20 starters or 10 mature plants, 1 - 2 lb processed marijuana depending on season of year.

Eureka
On May 3, 2011, Eureka city council approved an ordinance that allows personal cultivation within 50 square feet in area and 10 feet in height, or up to 100 feet with an Exemption Request, only in a residence. Processing area cannot exceed 20 square feet. Also regulates dispensaries, delivery services, and labs.

Ft. Bragg
Cultivation Ordinance allows up to 100 sq. feet, indoors

Fresno county
On July 12, 2011, Fresno County unanimously passed an ordinance to ban dispensaries and sharply restrict cultivation. It requires a "Medical MJ Cultivation Business License" for anyone seeking to grow in the county. Cultivation can only occur only in a secure, locked, enclosed structure in industrial zoning districts if 1,000 feet from any school, park, recreation area, sports facility, adult business, church, etc; maximum # of plants is 99.

Gridley
The city of Gridley has banned outdoor cultivation.

Humboldt Co.
County guidelines allow patients 100 square feet and 3 lbs w/ no plant number limit. City of Fortuna and CHP enforce SB 420 limits (6 mature/12 immature plants, 1/2 lb). Also see: Eureka (above)

Imperial Beach
On July 7, 2011, with a 4 to 1 vote, the Imperial Beach City Council approved an ordinance banning collective cultivation of medical marijuana within city limits including in the private homes of qualified patients. Read more.

Kern County
On August 9, 2011 Kern County Board of Supervisors passed an ordinance to limit collective membership to 3 members, and outlaw outdoor cultivation and edibles. In addition, a second emergency ordinance, taking effect immediately, disallows more than 12 plants per parcel. Read more.

Kern Citizens for Patients Rights is organizing a referendum petition to repeal the county's repressive ordinances. Similar petition drives have succeeded in overturning or suspending anti-MMJ ordinances in San Diego and Butte County.

Lake Co.
On August 23, 2011 at 1:30 PM, Lake County Board of Supervisors will consider a cultivation ordinance. As it is written, permitted gardens on plots 5 acres or larger can have 36 mature or 72 total plants. Personal gardens on plots one acre or less can have 6 mature and 12 immature plants per patient, not to exceed 36 total plants. Outdoor gardens would be prohibited near schools and other youth-oriented sites. Indoor gardens at residences would be limited to 100 square feet and 1200 watts; greenhouses and sheds would have no square footage limits.

Lakeport
Cultivation Ordinance

Lassen County
On November 23, 2010, Lassen County Ordinance No. 575, which prohibits dispensaries and outdoor cultivation, was passed by the Lassen County Board of Supervisors.

Live Oak (Sutter County)
July 20, 2011 - The city of Live Oak in Sutter County is considering banning outdoor cultivation after holding a public meeting about citizen complaints.

Mendocino Co.
On March 23, 2010, the county enacted an ordinance that would allow gardens of up to 99 plants with proper licensing. Otherwise, it allows 25 plants per parcel. More at: Mendocino Medical Marijuana Advisory Board site.

Nevada Co.
Cultivation: 6 mature female plants or 75 square feet of plant canopy (previously 10 plants not to yield more than 2 lbs). Possession: 2 lbs processed marijuana - consistent with patient's recommendation.

Oakland
Indoors - 72 plants in maximum 32 sq. ft growing area. Outdoors - 20 plants, no area limit. Weight limit 3 lbs dried marijuana per patient. Collective gardens limited to 3 patients. Dispensaries serving four or more patients are allowed max. 6 mature and 12 immature plants and 1/2 pound per patient. See Oakland Municipal Code 5.81.101

Paradise
On July 8, 2011, the Paradise planning commission approved a draft medical marijuana ordinance that would limit personal cultivation to 50 square feet within a residential zoning district and require permits for indoor gardens. Collective cultivation could take place in industrial zones with a permit. A requirement that residential gardens be fenced and locked has been added.

Redding
An ordinance passed in 2010 restricts medical marijuana gardens to a maximum of 100 square feet of canopy or 10% of home or garden area. Also see: Local Ordinances Attack Patients' Right to Grow

Rocklin
In January 2011, the city of Rocklin passed ordinance 970 (Section 1. Chapter 17.81 of Rocklin Municipal Code), which limits cultivation to 50 square feet and ten feet in height per residence only within an enclosed structure. Marijuana cultivation lighting cannot exceed 1200 watts, and the authorized grower must reside in the residence where the marijuana cultivation occurs. Other building and fire codes, issues of privacy, noise, odor, etc. must be observed. With documentation of a second patient living on the premises, up to 100 square feet can be grown. Penalty for violation is $500/day.

Roseville
July 20, 2011 - Roseville is holding a meeting about medical marijuana cultivation, and is considering enacting an outdoor ban starting in October. CalNORML has written to public officials there at the request of local patients, asking them if they must ban outdoor growing, to adopt language stating "Outdoor growing is prohibited where sight or odor presents a nuisance to neighbors," leaving it up to the grower to use a charcoal greenhouse filter, "cover" aromatic crops like lavender, or other measures to address odor.

Sacramento County
On August 10, 2011, Sacramento County supervisors will hear a revised ordinance that could regulate dispensaries and ban edibles and outdoor cultivation, limit indoor cultivation to 12 mature plants, force registration of all patient gardens, require permits and excessive costs for patients. Read more.

San Bernardino County
County code 82.02.070 outlaws outdoor cultivation in unincorporated areas of San Bernardino; it must occur "indoors, in a secure, locked, and fully enclosed structure that includes solid walls, and a ceiling, roof or top."

City of San Carlos
San Carlos's collective regulation ordinance says a patient may grow medical marijuana for consumption at their residence. It adds: All cultivated marijuana must be secured in structures consisting of at least four walls and a roof, and be held secure to the satisfaction of the police chief.

City of San Diego
City Municipal Code allows up to 1 lb of marijuana, 24 plants in 64 square feet indoors; no outdoors growing allowed except in enclosed greenhouses.

San Francisco
Patients allowed up to 24 plants or 25 square feet of canopy; dispensary gardens capped at 99 plants in 100 square feet. Possession limit 8 oz. dried cannabis per patient. See p. 44 of the ordinance.
San Francisco has enacted regulations on edibles.

City of San Mateo
San Mateo's city collective ordinance says:
Marijuana cultivated and possessed at a private residence must not be visible from adjacent public areas or neighboring properties, and must be secured within structures consisting of at least four walls and a roof with standard locks.

Santa Cruz
100 sq.ft. canopy and up to 99 plants is allowable under county guidelines, for a patient or a bone fide caregiver.

Sebastopol
In January 2011, Sebastopol city council enacted an ordinance allowing patients and caregivers to grow up to 30 plants within 100 square feet at their homes. Under the ordinance, patients and caregivers can possess up to 3 lbs. at the garden site. It also allows two secured 750 square-foot gardens for dispensing collectives, and two more for non-dispensing patients and caregivers.

Shasta Lake
In December 2010, city council adopted an ordinance that allows growing only in residential or mixed-used zoning districts, while it would be banned in commercial and industrial districts. The ordinance allows for growing up to 100 square feet inside a garage or adjacent building, but not inside the home.

Outdoor growing is limited to 25 square feet on a half-acre parcel, 60 square feet on a parcel between half-acre and one acre and 240 square feet on parcels larger than one acre. Outdoor grows must also be enclosed in a 6-foot high, non-climbable fence with a locking gate. Chain-link fences are not allowed, according to the ordinance.

Sonoma Co.
Guidelines permit 3 lbs for possession; maximum 100 square feet cultivation area with 30 plants or fewer (approved Sept 2006)

South Lake Tahoe
On May 17, 2011, the City of South Lake Tahoe unanimously passed an ordinance "to require that medical marijuana be cultivated in appropriately secured, enclosed, and ventilated structures" in permitted residential structures only; "in compliance with the maximum dimensions permissible for the cultivation of medical marijuana" within 10% of the total residence square footage. Fines for violations start at $100/day and escalate to $500 with repeat offenses.

Enforcement of the ordinance would not take effect until after Dec. 19. The city plans to hold two or three workshops to educate growers and property managers on the provisions of the ordinance.

Tehama Co.
Tehama County Board of Supervisors has adopted an ordinance that declares it a public nuisance for anyone cultivate over 12 mature or 24 immature plants on parcels of less than 20 acres. The Tehama ordinance bans any cultivation whatsoever within 1,000 ft of a school, and requires every landlord to register any Prop 215 garden with the city. The ordinance allows hardship exemptions to a requirement that gardens be 100' from property lines. California NORML has joined a lawsuit against the Tehama ordinance, see Local Ordinances Attack Patients' Right to Grow

Trinity Co.
On March 17, 2011, Trinity supervisors voted to extend their moratorium on "aggregrate grows" on rural residential parcels through Feb. 2, 2012. The moratorium limits any large-scale operations to nonresidential parcels only that are greater than 30 acres. It also sets a maximum garden size of 2,500 square feet for such operations and a 500-foot property line setback.

The temporary moratorium also limits the size of medical marijuana gardens that may be grown for personal use within residential areas to 50 square feet on an acre or less; 100 square feet on one to five acres; and 250 square feet on parcels greater than five acres. It includes residency requirements calling for individuals, upon request, to furnish proof that the property in use is their primary residence. An ongoing process is taking place with public hearings by the Trinity Planning Department.

Tulare Co.
Chapter 11 of Tulare County code requires marijuana be grown "within a secure, locked, and fully enclosed structure" whose exterior is "compatible with the exterior appearance of structures already constructed or under construction within the immediate area" and has an alarm system and exterior lighting. Collectives may grow up to 99 plants within proper zoning; otherwise up to 24 plants at 6 mature or 12 immature plants per patient for only 2 patients. Patients may smoke "only entirely within a private residence or on the premises of a private residence but out of public view." Violations are criminal misdemeanors.

State Guidelines Under SB 420 (Health & Safety Code 11362.7)

H&SC 11362.77(a). A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.

H &SC 11362.77 (b) If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.

H&SC 11362.77 (c) Counties and cities may retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a).

H&SC 11362.77 (d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.

SB 420 Enforcement Guidelines

State law, SB 420 (Health & Safety Code 11362.7), which took effect on Jan. 1, 2004, protects Prop. 215 patients from arrest provided they cultivate no more than 6 mature or 12 immature plants and possess no more than 8 ounces of dried marijuana (H&SC
11362.77(a)).

Counties and cities are authorized to establish higher (but not lower) limits if they wish (H&SC 11362.77(c)). Listed above are those localities that have adopted limits above the state limit.

Patients who need more marijuana can be exempted from these limits if they obtain a physician's statement specifying that they need more (H&SC
11362.77(b)). While police are often reluctant to recognize such exemptions, they are helpful in court.

Despite supposed protections of SB 420 and Prop 215, patients may still be arrested if law enforcement suspects they are outside the law, for example, by being involved in illegal sales or distribution, or growing plants with excessive yields.

In general, the state Attorney General has given local authorities discretion in how they enforce Prop. 215, as explained in a letter to local law enforcement officials.

Source: Local Medical Marijuana Cultivation & Possession Guidelines Under California State Law SB 420 | California NORML
 
Back
Top Bottom