It is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the county by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of marijuana, whether for medical purposes or recreational use as currently allowed under state law.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

This chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to apply to, any activity that is regulated by federal or state law to the extent that application of this chapter would conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes. It is the intention of the board that this chapter shall be interpreted to be compatible and consistent with federal, county, and state enactments and in furtherance of the public purposes which those enactments express. It is the intention that the provisions of this chapter will supersede any other provisions of this code found to be in conflict.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

For purposes of this chapter, these words and phrases shall be defined as follows:

"Act" means the Medical and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), including implementing regulations, as the Act and implementing regulations may be amended from time to time. Definitions in this section referencing provisions of the Act shall also include amendments to the Act.

"Cannabis" or "marijuana" shall have the meaning set forth in California Business and Professions Code Section 26001(f), as that section may be amended from time to time. Cannabis and marijuana may be used interchangeably, but shall have the same meaning.

"Collective or cooperative cultivation" means the association within California of qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical purposes as may have been allowed under the Compassionate Use Act, the Medical Marijuana Program Act, or the California Medical Cannabis Regulation and Safety Act adopted on October 9, 2015 with legislative bills AB 243, AB 266, and SB 643.

"Commercial marijuana operation" means any commercial cannabis activity as set forth in California Business and Professions Code Section 26001(k) and allowed under the Act, as that section may be amended from time to time.

"County" means the County of Madera or the unincorporated area of the County of Madera as required by the context.

"Cultivate" or "cultivation" shall have the meaning set forth in California Business and Professions Code Section 26001(l) and shall also include the storage of one or more marijuana plants or any part thereof in any location.

"Delivery" shall have the meaning set forth in California Business and Professions Code Section 26001(p) and shall also include any technological platform that enables persons to arrange or facilitate the transfer of cannabis.

"Marijuana" shall have the same definition as in California Health and Safety Code Section 11018 as it now reads or as amended.

"Marijuana dispensary" or "dispensary" means any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to more than two persons.

"Marijuana products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Medical marijuana or medical marijuana use" means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code sections 11362.5 and 11362.7 et seq.

"Primary caregiver" shall have the same definition as set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

"Property owner" is the title holder of real property within Madera County.

"Qualified patient" shall have the same definition as set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

"Recreational marijuana" or "recreational marijuana use", or "adult use marijuana" means all uses of cannabis not included within the definition of medical marijuana use.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

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

A.

Personal Use Cultivation. An individual qualified patient or person with an identification card shall be allowed to cultivate medical marijuana within his/her private residence, in an attached garage, or in an accessory building if the property is detached single family residential. A primary caregiver shall only cultivate medical marijuana at the residence of a qualified patient or person with an identification card for whom he/she is the primary caregiver. Medical marijuana cultivation for personal use shall be subject to the following requirements:

1.

Area. The medical marijuana cultivation area shall not exceed one hundred square feet measured by the canopy and not exceed ten feet in height per residence. This limit applies regardless of the number of qualified patients or persons with an identification card residing in the residence. The cultivation area shall be a single designated area.

2.

Lighting. Medical marijuana cultivation lighting shall not exceed a total of one thousand two hundred watts.

3.

Building Code Requirements. Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including lot coverage, set back, height requirements, and parking requirements.

4.

Gas Products. The use of gas products (CO2, butane, etc.) for medical marijuana cultivation or processing is prohibited.

5.

Evidence of Cultivation. From a public right-of-way, there shall be no exterior evidence of medical marijuana cultivation occurring on the site.

6.

Residence. The qualified patient or person with an identification card shall reside in the residence where the medical marijuana cultivation occurs.

7.

Cultivation Elsewhere in County. The qualified patient or person with an identification card shall not participate in medical marijuana cultivation in any other location within the County of Madera.

8.

Incidental Use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for medical marijuana cultivation.

9.

Ventilation. The medical marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence, or property line for detached single family residential, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence and cultivating the marijuana. This shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code Section 1203.4, Natural Ventilation, or Section 402.3, Mechanical Ventilation (or its equivalent(s)).

10.

Storage of Chemicals. Any chemicals used for medical marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights of way.

11.

Distance from Institutional Uses. The medical marijuana cultivation area shall not occur within one thousand feet of an institutional use, such as, but not limited to, a church, school, or other public building.

12.

Nuisance. The medical marijuana cultivation area shall: Not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; and not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.

13.

Property Owner Authorization. For rental property, the lessee shall obtain written authorization from the property owner or property management company to cultivate medical marijuana.

14.

Additional Requirements for Garages and Accessory Buildings. The following additional requirements shall apply for personal use cultivation that occurs in a garage or accessory building: The garage or accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque. The garage or building shall include a burglar alarm monitored by an alarm company or private security company. The garage or building, including all walls, doors, and the roof, shall be constructed with a firewall assembly of green board meeting the minimum building code requirements for residential structures and include material strong enough to prevent entry except through an open door.

15.

Posting of Physician Recommendation or Identification Card; Posting of Owner Permission. A copy of a qualified patient physician recommendation or identification card shall be posted in a conspicuous place in the cultivation area for each patient residing in the residence that is cultivating medical marijuana. For rental properties, a copy of the owner's written authorization to cultivate marijuana shall be posted in the same manner.

B.

Collective or Cooperative Cultivation. The collective or cooperative cultivation of medical marijuana shall be prohibited in the county.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

To the extent that the county is required to allow the cultivation of recreational or adult use marijuana under state law, the rules set forth herein shall apply. Nothing in this section shall be interpreted to permit commercial marijuana operations or marijuana dispensaries otherwise prohibited by this chapter.

A.

State Law Limits. The cultivation of recreational or adult use marijuana shall be subject to the limits set forth in any applicable state law. At the time of adoption of this chapter, applicable state law limits the cultivation of recreational or adult use marijuana to six plants per residence.

B.

Compliance with Medical Marijuana Personal Use Cultivation Rules. All persons lawfully allowed to cultivate recreational or adult use marijuana under state law shall be subject to the same rules, requirements, and limitations applicable to the personal use cultivation of medical marijuana set forth in this chapter.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

A.

Commercial Marijuana Operations. Commercial marijuana operations as defined in Section 18.87.030 are prohibited within the county.

B.

Dispensaries. Marijuana dispensaries as defined in Section 18.87.030 are prohibited within the county.

C.

Deliveries. The delivery of marijuana as defined in Section 18.87.030 is prohibited within the county, regardless of whether the delivery is initiated within or outside of the county, and regardless of whether a technology platform is used for delivery by the dispensary.

D.

Exceptions. The following facilities providing medical marijuana to patients are not subject to the dispensary ban provided they are in strict compliance with Health and Safety Code Sections 11362.5 and 11362.7 et seq., and all other state and local laws pertaining the uses, including zoning, permitting, and licensing requirements:

•

A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code.

•

A health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.

•

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code.

•

A residential care facility for the elderly licensed pursuant to Chapter 3.2 commencing with Section 1569) of Division 2 of the Health and Safety Code.

•

A residential hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the unincorporated areas of the county unless such smoking, ingesting or consumption occurs entirely within a private residence. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings unless those buildings are at all times fully enclosed during the consumption.

Medical marijuana may also be consumed within a clinic, health care facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health and Safety Code.

All consumption shall be done in a manner so as to not cause a nuisance to nearby residents with noxious odors or other adverse health and safety impacts.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

A.

Misdemeanors. Violations of this chapter for conduct that is not otherwise considered lawful under state law, shall be considered misdemeanors and are punishable in accordance with Chapter 1.12, and all other applicable laws. Each and every day, or portion thereof, a violation exists is a separate offense. Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this chapter unlawful, the county intends that the misdemeanor provision be severable from the remaining penalty provisions and the county will only pursue non-criminal remedies for violations of this chapter.

B.

Nuisances. Violations of this chapter are declared public nuisances, subject to the remedies set forth herein.

C.

Classification of Offenses. The following violations are hereby declared of such serious nature as to be an immediate threat to the public health, safety and welfare of the residents, visitors, and businesses of Madera County, and shall be subject to immediate abatement and per plant penalties, as set forth in this section:

•

The cultivation of marijuana in excess of the one hundred square feet restrictions, outside of a residence, or outside a secure enclosed accessory building or garage.

•

The operation of a commercial marijuana operation.

•

Any violation determined by the sheriff or director of the department of community and economic development, or their designees, based upon all of the circumstances, to be an immediate threat to the public health, safety, and welfare.

These violations are hereby declared to be Level 1 violations. Before pursuing immediate abatement or per plant penalties for Level 1 violations, the sheriff and/or director of the department of community and economic development, or their designees, shall document the circumstances leading to a determination that it is a Level 1 violation. Any violation not declared to be a Level 1 violation, shall be considered a Level 2 violation.

D.

Administrative Citations. Notwithstanding any other provision in this code, violations of this chapter shall be subject to administrative citations in accordance with Chapter 8.01, except as follows: Level 1 violations shall be subject to a per plant penalty of two hundred fifty dollars plus five hundred dollars per plant per day the plant remains unabated past the abatement deadline (if any) set forth in the administrative citation. The county hereby finds and determines that each plant is considered a separate violation of this chapter subject to a separate penalty.

E.

Abatement. Notwithstanding any other provision in this code, violations of this chapter shall be subject to abatement in accordance with Chapter 7.20, except as follows: For Level 1 violations, the director of department of community and economic development, or designee, may require the immediate correction of the violation, and summarily abate the violation. In those circumstances the appeal hearing may be held after the abatement.

F.

Other Remedies. The county may pursue any other applicable civil and administrative remedies for violations of this chapter, including but not limited to injunctive relief. Violators shall be subject to any other enforcement remedies available to the county under any applicable state or federal statute or pursuant to any other lawful power the county may possess. Nothing in this chapter shall prevent the sheriff from pursuing criminal violations and sanctions under any other applicable state or federal law.

G.

Cost Recovery. Any subsequent or second response with respect to the same or similar violation of this chapter within one hundred twenty days of the first response shall result in the joint and several liability of the following persons, as applicable, for county's enforcement costs for responding to the violation: The qualified patient, the primary caregiver, persons who are residents or in control of the property at which the violation occurred, and the property owner.

H.

Attorney's Fees. In the event any civil suit or action is brought by the county to enforce the provisions of this chapter, the person responsible for such violation shall be liable to the county for costs of the suit, including, but not limited to, attorney's fees.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within ninety days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6, which shall be applicable for such actions.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).