Chapter 18.69
CANNABIS CULTIVATION
18.69.030 Regulation of cannabis cultivation.
18.69.040 Violations declared a public nuisance.
18.69.050 Violation and penalty.
18.69.010 Purpose.
The purpose of this chapter is to establish regulations for the cultivation of cannabis within the city to ensure any cultivation is conducted in a manner consistent with the overall health, welfare and safety of the city and its populace and in compliance with the California Compassionate Use Act (CUA; Health and Safety Code Section 11362.5), the Medical Marijuana Program Act (MMPA; Health and Safety Code Section 11362.7 et seq.) and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code Section 26000 et seq.)
Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution under the CUA. Nothing in this chapter is intended, nor shall it be construed, to make legal any cultivation, sale or other use of cannabis that is otherwise prohibited under California law. Nothing in this chapter is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting cannabis cultivation by tenants. Nothing in this chapter is intended, nor shall it be construed, to exempt any activity related to the cultivation of cannabis from any applicable electrical, plumbing, land use or other building, fire and life safety or land use standards or permitting requirements.
All cultivation of cannabis within the city shall be subject to the provisions of this chapter, and any cultivation not in conformity herewith is unlawful. (Ord. 1404 § 8 (part), 2018: Ord. 1380 § 1 (part), 2016).
18.69.020 Definitions.
The following terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) "Cannabis" means the Cannabis sativa plant from which marijuana, hashish, bhang, and similar mildly euphorogenic and hallucinogenic drugs are prepared.
(b) "Fully enclosed and secure structure" means a space within a building, except a building intended primarily for human habitation as a residential dwelling place and permitted for occupancy as such, including an attached garage, that complies with the California Building Code, as adopted in the city of Marysville, or, if exempt from permit requirements, that has a complete roof enclosure supported by connecting walls extended from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors and only to a licensee or operator of a licensed medical cannabis dispensary. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two-inch-by-four-inch or thicker studs overlaid with three-eighths-inch or thicker plywood or the equivalent. Plastic sheeting regardless of gauge, or similar products, do not satisfy this requirement. Indoor grow lights and air filtration systems must comply with the California Building, Electrical and Fire Codes as adopted in the city of Marysville.
(c) "Medical marijuana" or "medicinal marijuana" means marijuana used for medical purposes in accordance with the Compassionate Use Act (California Health and Safety Code Section 11362.5) or the Medical Marijuana Program Act (California Health and Safety Code Section 11362.7 et seq.) or the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code Section 26000 et seq.).
(d) "Cannabis cultivation" means the planting, growing, harvesting, or processing of cannabis plants or any part thereof consistent with the Compassionate Use Act (Health and Safety Code Section 11362.5) or the Medical Marijuana Program Act (Health and Safety Code Section 11362.7 et seq.) or the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code Section 26000 et seq.).
(e) "Primary caregiver" means a primary caregiver as defined in California Health and Safety Code Section 11362.7.
(f) "Qualified patient" means a qualified patient as defined in California Health and Safety Code Section 11362.7. (Ord. 1404 § 8 (part), 2018: Ord. 1380 § 1 (part), 2016).
18.69.030 Regulation of cannabis cultivation.
(a) Cultivation of cannabis, whether indoors or outdoors, by any person or entity, including primary caregivers and qualified patients, except as permitted in subsections (a)(1) through (a)(3) of this section, is prohibited in all zoning districts within the city of Marysville.
(1) Commercial cannabis cultivation is permitted when conducted by the owner and licensee of a medical cannabis dispensary licensed therefor pursuant to Chapter 5.10 within the same fully enclosed and secure structure housing the licensed medical cannabis dispensary and otherwise complies with all relevant provisions of this chapter, Chapter 5.10 and applicable state law.
(2) Commercial cannabis cultivation is permitted when conducted within a fully enclosed and secure structure, as defined, as part of a permitted business engaged in commercial cannabis activity, as defined.
(3) Cultivation of not more than six living cannabis plants per residence, regardless of the number of residents, is permitted for the personal, noncommercial use of adults twenty-one years of age or older, when such cultivation takes place in compliance with subsections (b) through (g) of this section, and not in a building intended primarily for human habitation as a residential dwelling place and permitted for occupancy as such, including an attached garage, and otherwise complies with all relevant provisions of this chapter.
(b) Cannabis cultivation for personal use as permitted by subsection (a)(3) of this section may only occur within an accessory building, as defined in Section 18.04.020, if allowed by the landlord, which accessory building is located on a parcel improved with an occupied, legally established, residential dwelling in which the grower resides. Accessory buildings used for cannabis cultivation, whether new construction or conversion of an existing structure, must meet all of the following:
(1) The accessory building, regardless of size, shall be legally constructed and meet all applicable development permits including, but not limited to, grading, structural, electrical, mechanical and plumbing approved by the city building official prior to any cultivation activity.
(2) The accessory building shall not be built or placed within any mandatory setback required by the Marysville Municipal Code.
(3) The accessory building shall be equipped with permanently installed and permitted electric service, and shall not be served by temporary extension cords or generators.
(4) The accessory building shall be equipped with a permanently installed and permitted odor control filtration and ventilation system equivalent to activated carbon filters (scrubbers) to prevent humidity or mold growth within the structure and odor anywhere on the parcel or on adjacent parcels of land.
(5) If the accessory building is a greenhouse, the panels shall be of opaque glass or polycarbonate for security and visual screening purposes.
(c) Every person who wishes to cultivate cannabis for personal use must first apply for and receive a personal cultivation permit at no cost from the city department of community development and services. Information on personal cultivation permits collected and maintained by the city is exempt from disclosure pursuant to public records requests.
(d) Cannabis grown for personal use may not be sold, bartered or exchanged for anything else of value.
(e) Cannabis grown for personal use may not be subjected to any process which employs volatile solvents.
(f) All persons, firms or entities engaged in the cultivation of cannabis shall have a legal source of water on the premises and shall not engage in unlawful or unpermitted diversion of surface water for such cultivation, nor permit any illegal discharges of water or wastewater from the premises.
(g) Cultivation of cannabis shall not be done in such manner as to adversely affect the environment or the public health, safety and general welfare by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic or vibration, or by the use, storage or discharge of hazardous materials, processes, products or wastes, without appropriate mitigation measures specified and approved in advance by the city. (Ord. 1404 § 8 (part), 2018: Ord. 1380 § 1 (part), 2016).
18.69.040 Violations declared a public nuisance.
The conduct of any person or entity within the city in violation of any of the terms of this chapter is hereby found and declared to be a per se public nuisance, and the city attorney or the district attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the civil abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as well as abate or remove such cannabis and restrain and enjoin any person or entity from cannabis cultivation contrary to the provisions of this chapter. (Ord. 1404 § 8 (part), 2018: Ord. 1380 § 1 (part), 2016).
18.69.050 Violation and penalty.
(a) Any person who violates any section of this chapter shall be guilty of a misdemeanor and subject to a fine of one thousand dollars and/or imprisonment in the county jail for a period of up to six months.
(b) In addition to or in the alternative to any other penalties for violation of this chapter, a person who violates the provisions of this chapter may be assessed an administrative penalty for each day that a violation exists. For the first five days that a violation exists, a person shall be subject to a fine of one hundred dollars per day. Should a violation continue beyond five days, the violator shall be subject to a fine of five hundred dollars per day from the sixth through the tenth days of a violation. Should a violation persist beyond ten days, the violator shall be subject to a fine of one thousand dollars for each day that the violation continues. The administrative penalties specified above may be enforced either by way of judicial action or by way of administrative action; the provisions of Section 9.50.170 shall apply.
(c) The administrative violations and other penalties set forth in this chapter are not the exclusive remedy. Nothing in this chapter is intended to limit or prohibit the enforcement of the Marysville Municipal Code or other applicable laws through civil or criminal process, or in any other manner allowed by law. (Ord. 1404 § 8 (part), 2018: Ord. 1380 § 1 (part), 2016).