HomeMy WebLinkAbout5/6/2015 - STAFF REPORTS - 1.B. of PALM S•e4
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CITY COUNCIL STAFF REPORT
• CAOFOIt
DATE: May 6, 2015 PUBLIC HEARING
SUBJECT: APPLICATION BY THE CITY OF PALM SPRINGS TO AMEND
CHAPTERS 91 , 92 AND 93 OF THE PALM SPRINGS ZONING CODE
RELATING TO THE PERMITTED LOCATIONS AND DEVELOPMENT
STANDARDS OF MEDICAL CANNABIS CULTIVATION FACILITIES AND
MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES.
FROM: Department of Planning Services
SUMMARY
At the meeting of January 21, 2015, the City Council voted to initiate Zone Text
Amendments regarding development standards for the cultivation of medical cannabis
and revised locational standards for medical cannabis cooperatives or collectives, and
referred the item to the Planning Commission for recommendations. The Planning
Commission reviewed the matter at their meetings of April 8 and April 22, 2015, and
recommend the following:
• Allow for the cultivation of medical cannabis in all industrial zoning districts,
separate from dispensary facilities, and without the need for separation distance
requirements;
• Expand the zoning districts where medical cannabis cooperatives or collectives
may be permitted to include the H-C (Highway Commercial) and C-2 (General
Commercial) zoning districts, and
• Revise the separation distance requirements for medical cannabis cooperatives
or collectives to reduce the distance separation from residential districts, and to
eliminate the distance separation between collectives.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only; and
2. Introduce on first reading Ordinance No. , "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTERS
91, 92 AND 93 OF THE PALM SPRINGS ZONING CODE RELATING TO THE
PERMITTED LOCATIONS AND DEVELOPMENT STANDARDS OF MEDICAL
ITEM NO. 1 , 9 .
City Council Staff Report May 6,2016
Case 5.1218-D ZTA Page 2 of 5
CANNABIS CULTIVATION FACILITIES AND MEDICAL CANNABIS COOPERATIVES
OR COLLECTIVES."
ANALYSIS:
The Council's Subcommittee on medical cannabis has recommended that two potential
ordinances relating to medical cannabis be adopted; the first is to allow the cultivation of
medical cannabis separate from dispensary facilities, and the second is to allow medical
cannabis cooperatives or collectives to be located within commercial and/or
professional office zoning districts. The matter was referred to the Planning
Commission for recommendations.
The Planning Commission discussed the proposed ordinance at their meeting of April 8,
2015, and formed a subcommittee to review the proposed legislation and report back
with recommendations. The Planning Commission subcommittee reviewed zoning
requirements for medical cannabis facilities from other California jurisdictions in
conjunction with the proposed standards of the City of Palm Springs, and reported their
findings to the Planning Commission at the meeting of April 22, 2015. The Planning
Commission accepted the recommendations of the subcommittee as proposed; a
discussion of their recommendations is included in the following analysis.
The Planning Commission has recommended that cultivation facilities be permitted as a
stand-alone use, provided that the medical cannabis is provided only to a licensed
cooperative or collective. Cultivation must occur within an enclosed facility, and would
be permitted in all industrial zoning districts as summarized in the following table:
Zoning District— Cultivation Facilities Proposed
C-M Commercial Manufacturing) P
M-1-Planned Research and Development Park P
M-1 (Service/Manufacturing) P
M-2 (Manufacturing) P
A (Airport) P
The Planning Commission also discussed the matter of allowing medical cannabis
cooperative or collective facilities in commercial and professional office districts, and
came to a consensus to allow the use in the H-C (Highway Commercial) and C-2
(General Commercial) zoning districts in addition to the industrial districts where the use
is already permitted. The table below includes a listing of all zoning districts where
collectives or cooperatives may be allowed:
Zoning District— Cooperative or Collectives Existing Proposed
C-2 General Commercial P
HC (Highway Commercial P
C-M Commercial Manufacturing) P P
M-1-P Planned Research and Development Park P
M-1 (Service/Manufacturing) P P
002
City Council Staff Report May 6,2015
Case 5.1218-D ZTA Page 3 of 5
Zonin District— cooperative or Collectives Existing Proposed
M-2 (Manufacturing) P P
A (Airport) P P
The third topic that the Planning Commission discussed was separation distance
requirements. Due to the fact that cultivation will be required to be located within secure
and enclosed facilities and will not be accessible to the public, it was the
recommendation of the commission that no separation distance requirements would be
needed.
As for cooperatives or collectives, the Planning Commission recommended that the
1000-foot distance separation requirement between the collectives be eliminated. In
addition, it was the consensus of the commission that the distance separation from
residential zones could be reduced from 500 feet to 250 feet. Finally, the commission
has recommended that a 250-foot distance separation requirement be established from
Palm Canyon Drive. This was added in response to allowing collectives in the C-2
(General Commercial) zoning district; as there are a number of C-2 zoned properties
that abut Palm Canyon Drive, it was felt that the use should not front directly on the
primary tourist corridor. This is consistent with the medical cannabis regulations
adopted by Cathedral City, which also requires a 250-foot separation distance from East
Palm Canyon Drive. The proposed separation distance requirements are listed in the
following table:
Separation Distance Requirements — Cooperatives Existing Proposed
or Collectives
Child care facilities 500' 500'
Churches 500' 500'
Public parks/playgrounds 500' 500'
Residential 500' 250'
Schools 500, 500,
Youth centers 500' 500,
Palm Canyon Drive N/A 250'
Medical Cannabis Cooperatives or Collectives 1000' None
Separation Distance Requirements — Cultivation Existing Proposed
Facilities
No protected uses N/A None
In addition to the development standards outlined above, the Planning Commission also
voiced concerns about water usage for medical cannabis cultivation facilities. It is
recommended that the operational standards in Chapter 5.35 be amended to include a
requirement for a water conservation plan as part of the approval process for cultivation
facilities.
ENVIRONMENTAL ASSESSMENT
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed
003
City Council Staff Report May 6,2015
Case 5.121 S-D ZTA Page 4 of 5
Zone Text Amendment has been deemed a "project." Staff has determined that the
proposed Zone Text Amendment (Case 5.1218-D) may be classified as Categorically
Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land
Use Limitations) of the Guidelines for the California Environmental Quality Act. The
proposed zone text amendment proposes only insignificant changes to the title.
NOTIFICATION
A public hearing notice was published. The Planning Department has not received
correspondence regarding this issue.
F inn Fagg, AICP
Director of Planning Services
David H. Ready, Esq., P mes Thompson
City Manager City Clerk
Attachments:
1. Draft Ordinance
2. Planning Commission Minutes —April 22, 2015
3. Planning Commission Minutes —April 8, 2015
004
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING
CHAPTERS 91, 92, AND 93 OF, THE PALM SPRINGS
ZONING CODE RELATING TO THE PERMITTED
LOCATIONS AND DEVELOPMENT STANDARDS OF
MEDICAL CANNABIS CULTIVATION FACILITIES AND
MEDICAL CANNABIS COOPERATIVES OR
COLLECTIVES.
City Attorney Summary
This Ordinance modifies the existing requirements for
medical cannabis facilities to allow stand-alone cultivation
facilities in industrial zoning districts, and to expand the
zoning districts where cooperatives or collectives are
allowed to include the H-C (Highway Commercial) and C-2
(General Commercial) zoning districts. In addition,
separation distance requirements from protected uses are
revised to decrease the distance separation from residential
zones, require a distance separation from Palm Canyon
Drive, and eliminate the distance separation requirement
between cooperatives or collectives.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. The proposed zone text amendment (Case 5.1218-D ZTA) is Categorically
Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land
Use Limitations) of the Guidelines for the California Environmental Quality Act because
the proposed zone text amendment proposes only insignificant changes to land use.
B. The proposed zone text amendment establishes zoning regulations for the
controlled cultivation of medical cannabis and allows cooperatives or collectives in
limited commercial districts, while still providing adequate separation from protected
uses.
C. The City Council hereby finds that adoption of the proposed Zoning Ordinance
Text Amendment would:
1. Allow medical cannabis cooperatives or collectives in limited commercial
areas as a means to provide greater access for patients while protecting
the character and integrity of the City's commercial districts.
2. Provide opportunities for the development of stand-alone cultivation
facilities in industrial districts as a means to safely supply authorized
cooperatives or collectives. 005
City Council Ordinance No. _ May 6, 2015
Case No. 5.1218-D ZTA Page 2 of 6
3. Allow greater options in the establishment of medical cannabis facilities
while maintaining critical distance separation requirements from protected
uses as a means to prevent unauthorized access to or promotion of
medical cannabis.
4. Adhere to the requirements of the California Health and Safety Code in
establishing land use regulations for the cultivation and dispensing of
medical cannabis to qualified patients.
D. The adoption of the proposed zoning text amendment would be consistent with
the intent of the Zoning Ordinance and the City's General Plan as it allows for economic
development opportunities while maintaining the integrity of residential neighborhoods
and protecting public health, welfare and safety.
SECTION 1. Section 91.00.10(B) of the Palm Springs Zoning Code is amended
to include the following definition:
"Medical Cannabis Cultivation Facility" means an enclosed facility where medical
cannabis is cultivated and processed only for distribution to a licensed Medical
Cannabis Cooperative or Collective.
SECTION 2. Section 92.14.01(A) of the Palm Springs Zoning Code, relative to
the uses permitted in the C-2 (General Commercial) zoning district, is amended to
include the following use:
A. Uses Permitted.
17. MCCC facilities, subject to the property development standards
contained in Section 93.23.15 of this Code and compliance with the
provisions of Chapter 5.35 of this Code;
SECTION 3. Section 92.14.1.01(A) of the Palm Springs Zoning Code, relative to
the uses permitted in the HC (Highway Commercial) zoning district, is amended to
include the following use:
A. Uses Permitted.
3. MCCC facilities, subject to the property development standards
contained in Section 93.23.15 of this Code and compliance with the
provisions of Chapter 5.35 of this Code;
SECTION 4. Section 92.15.01(A) of the Palm Springs Zoning Code, relative to
the uses permitted in the C-M (Commercial Manufacturing) zoning district, is amended
to include the following use:
A. Uses Permitted. 0Of
City Council Ordinance No. _ May 6, 2015
Case No. 5.1218-D ZTA Page 3 of 6
21. Medical cannabis cultivation facilities, subject to the property
development standards contained in Section 93.23.15 of this Code
and compliance with the provisions of Chapter 5.35 of this Code;
SECTION 5. Section 92.16.01 the Palm Springs Zoning Code, relative to the
uses permitted in the M-1-P (Planned Research and Development Park) zoning district,
is amended to include the following uses:
A. Uses Permitted.
4. MCCC facilities, subject to the property development
standards contained in Section 93.23.15 of this Code and
compliance with the provisions of Chapter 5.35 of this Code;
5. Medical cannabis cultivation facilities, subject to the property
development standards contained in Section 93.23.15 of this
Code and compliance with the provisions of Chapter 5.35 of
this Code;
SECTION 6. Section 92.17.01(A) of the Palm Springs Zoning Code, relative to
the uses permitted in the M-1 (Service/Manufacturing) zoning district, is amended to
include the following use:
A. Uses Permitted.
7. Medical cannabis cultivation facilities, subject to the property
development standards contained in Section 93.23.15 of this
Code and compliance with the provisions of Chapter 5.35 of
this Code;
SECTION 7. Section 92.17.1.01(A) of the Palm Springs Zoning Code, relative to
the uses permitted in the M-2 (Manufacturing) zoning district, is amended to include the
following use:
A. Uses Permitted.
6. Medical cannabis cultivation facilities, subject to the property
development standards contained in Section 93.23.15 of this
Code and compliance with the provisions of Chapter 5.35 of
this Code;
SECTION 8. Section 92.18.01(A) of the Palm Springs Zoning Code, relative to
the uses permitted in the A (Airport) zoning district, is amended to include the following
uses:
A. Uses Permitted. 007
City Council Ordinance No. _ May 6, 2015
Case No. 5.1218-D ZTA Page 4 of 6
9. MCCC facilities, subject to the property development
standards contained in Section 93.23.15 of this Code and
compliance with the provisions of Chapter 5.35 of this Code;
10. Medical cannabis cultivation facilities, subject to the property
development standards contained in Section 93.23.15 of this
Code and compliance with the provisions of Chapter 5.35 of
this Code;
SECTION 9. Section 93.23.15 of the Palm Springs Zoning Code is amended to
read:
Section 93.23.15 Medical Cannabis Cooperative or Collective and Medical
Cannabis Cultivation Facility Special Standards
A. No land use entitlement, permit (including building permit) approval, site
plan, certificate of occupancy, zoning clearance, or other land use
authorization for a MCCC or Medical Cannabis Cultivation Facility (MCCF)
shall be granted or permitted except in conformance with this Section.
B. MCCC and MCCF establishments shall be permitted only upon application
and approval of a regulatory permit in accordance with the criteria and
process set forth in Chapter 5.35 of this Code. Prior to initiating
operations and as a continuing requisite to conducting operations, the
legal representative of the persons wishing to operate a MCCC or MCCF
shall obtain a regulatory permit from the City Manager under the terms
and conditions set forth in Chapter 5.35 of this Code and shall otherwise
fully comply with the provisions of this Section.
C. No MCCC shall be established, developed, or operated within two-
hundred fifty (250) feet of Palm Canyon Drive or any residential zone
property; within five hundred (500) feet of a school, public playground or
park, child care or day care facility, youth center, or church. All distances
shall be measured in a straight line, without regard to intervening
structures, from the nearest property line of the property on which the
MCCC is, or will be located, and to the nearest property line of those uses
described in this Subsection. Administrative modifications for this
standard may be granted by the City Council pursuant to Section
94.06.01.13.
D. A MCCC or MCCF is not and shall not be approved as an accessory use
to any other use permitted by this Zoning Code. MCCC and MCCF
facilities may be located on the same parcel or on the same premises as
otherwise permitted by this Zoning Code.
E. A MCCC or MCCF shall be parked at a rate of one (1) space for every twdos
City Council Ordinance No. _ May 6, 2015
Case No. 5.1218-D ZTA Page 5 of 6
hundred fifty (250) gross square feet of office space, and one (1) space for
every eight hundred (800) feet of warehouse/cultivation space.
Administrative modifications for this standard may be granted by the City
Council pursuant to Section 94.06.01.B.
SECTION 10. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect (3) days after passage.
PASS, APPROVED, AND ADOPTED this day of 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
AP7PT WAS T
JAMES THOMPSON, CITY CLERK ATTORNEY
DATE
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California,
do hereby certify that Ordinance No. is a full, true, and correct copy, and
was introduced at a regular meeting of the Palm Springs City Council on
and adopted at a regular meeting of the City Council held on
by the following vote:
009
City Council Ordinance No. _ May 6, 2015
Case No. 5.1218-D ZTA Page 6 of 6
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
010
PLANNING COMMISSION
MEETING MINUTES OF
APRIL 8 , 2015
AND
APRIL 22 , 2015
WILL BE TRANSMITTED UNDER
SEPARATE COVER.
Oil
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
OY s s
Date: May 6, 2015
Subject: Case 5.1218-D ZTA
Regarding Medical Cannabis Cooperatives or Collectives
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was published in the
Desert Sun on April 25, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
\Ly- I a
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on April 23, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
U—�
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and
every person on the attached list on April 23, 2015, in a sealed envelope, with postage
prepaid, and depositing same in the U.S. Mail at Palm Springs, California.
(6 notices)
I declare under penalty of perjury that the foregoing is true and correct.
11 . a
Kathie Hart, MMC
Chief Deputy City Clerk
012
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262 E C E j d E L
760-778-4578/Fax 760-778-4731 s P t,i. M
2Gi� APR 30 RI8 4
NOTICE OF PUBLIC HEARING
State Of California ss: CITY COUNCIL
County of Riverside CITY OF PALM SPRINGS
CASE 5.1218-D ZTA
Advertiser: I APPLICATION BY THE CITY OF PALM SPRINGS
FOR A ZONE TEXT AMENDMENT
CITY OF PALM SPRINGS/LEGALS REGARDING,THE CULTIVATION OF MEDICAL
PO BOX 2743 CANNABIS AND LOCATIONAL STANDARDS FOR
PALM SPRINGS CA 922632 MEDICAL CANNABIS COOPERATIVES
OR COLLECTIVES
NOTICE IS HERESY GIVEN that the City Councn of the City of
Palm Springs,California,will hold a public hearing at Its meeting
2000616437 of May 6,.2015.The City Council meeting begins at 6:00 p.m.
In the Counell Chamber at Cily Hall,3200 East Tahquitz Canyon
Way,Palm Springs.
The purpose of the hearing Is to consider an application by the
CIry of Palm Springs to amend Palm Springs Zoning Coda(PSZC)
regarding the development standards for cultivation of medical
I am over the age of 18 years old, a citizen of the United cannabis and to consider expanded locabonal standards for
States and not a party to, or have interest in this matter. I medical cannabis cooperatives or collectives.
hereby certify that the attached advertisement appeared ENVIRONMENTAL DETERMINATION: The City of Perri
in said newspaper (set in type not smaller than non panel) Springs,in its capacity as the Lead Agency,under the California
in each and entire issue of said newspaper and not in any Environments! Quality Act (CEQA) has determined that the
supplement thereof on the following dates,to wit: proposed zoning code text amendment is Categorically Exempt
under Section 1530E(Minor Alterations In Land Use Limitations)
Newspaper: .The Desert Sun of the Guidelines forthe Califomla Environmental QualltyAct since
the proposed zore text amendment proposes only insignificant
changes to the land use designations provisions..
4/25/2025 REVIEW OF INFORMATION:The staff report and othersupporting
documents regarding this matter are available for public review at
City Hell between the hours of 8:00 a.m.and 6:00 p.m.,Monday
through Thursday.Pmse contact the Office of the City Clerk at
(760)323-8204 If you would like to schedule an appointment to
review these documents. - 'I
COMMENTS: Response to this notice may be made verbally at
I acknowledge that I am a principal clerk of the printer of the Public Hearing andfor in writing before the hearing.Written
The Desert Sun, panted and published weekly in the City comments may be made to the City Council by fetter(for mail or
hand cialk"to:
of Palm Springs, County of Riverside, Slate of California. -
The Desert Sun was adjudicated a newspaper of general James Thompson,City Clark
circulation on March 24, 1988 by the Superior Court of the 3200 E.Tahqultz Canyon Way -.
County of Riverside, Slate of California Case No. Pain Springs,CA 92262
191236.
Any challenge of the proposed protect in court may be limited to
raising only those Issues mated at the public hearing described
I declare under penalty of perjury that the foregoing is true In this notice,or In written correspondence delivered to the City
Clark at,or priorto,fire public hearing.(Govemment Code Section
and correct. Executed on this 25th day of Apnl, 2015 in 65009(b](2D.
Palm Springs,Cali la. An.opportunity will be given at said hearing for all interested
persons to be heard. Questions regarding this case may be
directed to Flinn Fagg,Director of Planning Services,at(760)323-
824E
SI neceele ayuds can sets Carta,por favor llama a Is Ciudad de
Palm Springs y puede hablar con Felipe Primers telefono(760)
32"253.
Dec
la nt's Signature I
� 1 James Thompson,City Clark
HEIGHSORHO SPONSOR REPS '
vase S 12i8•DZTA
CITY-,OE PAIM SPRINGS: MODCOM AND MR PETE MORUZZI
PHN focCC Meeting 0506'15 -N HISTORIC'if REP , PALM SPRINGS MODERN COMMITTEE
P.O. BOX 4738
PALM SPRINGS, CA 92263-4738
; ,.. CITY OF PALM SPRINGS
PLANNING SERVICES DEPARTMENT
VERIPICATION NOTfE�—=,O-*� ATTN SECRETARY/5.1218-D ZTA
PO BOX 2743
PALM SPRINGS, CA 92263-2743
MS PATRICIA GARCIA
MS MARGARET PARK, DIRECTOR TRIBAL HISTORIC PRESERVATION
r r,AGUA.CALIENTE;BANQ OPCAHUILLA AGUA CALIENTE BAND OF CAHUILLA OFFICER
INDIAT5k. -�v. s €; ' INDIANS AGUA CALIENTE BAND OF CAHUILLA
PLANNING&DEVELOPMENT DEPT. INDIANS
5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264
SOBOBA BAND OF LUISENO INDIANS MR FRANK TYSEN
ATTN:JOSEPH ONTIVEROS CASA CODY INN
. I WTERESTEDIWRTIES-1)-;D-0 CULTURAL RESOURCES MANAGER 175 S. CAHUILLA ROAD
P.O. BOX 487 PALM SPRINGS, CA 92262
SAN JACINTO, CA 92581
�ONSORS
� Y1o�iU�j
Kathie Hart
From: Joanne Bruggemans
Sent: Thursday,April 23, 2015 4:19 PM
To: Andreas Hills;Araby Commons;Araby Cove; Baristo ; Canyon Corridor; Deepwell Estates; Demuth
Park; Desert Highland Gateway Estates; Desert Park Estates; El Mirador; El Rancho Vista Estates;
Four Seasons; Gene Autry; Historic Tennis Club; Indian Canyons; Little Beverly Hills; Little Tuscany;
Los Compadres; Midtown; Mountain Gate; Movie Colony East; Old Las Palmas; Parkview Mobile
Estates; Racquet Club Estates; Racquet Club South; Racquet Club West;Sonora Sunrise;Sunmor;
Sunrise Park; Sunrise Vista Chino;Tahquitz River Estates; The Mesa;The Movie Colony;Twin Palms;
Vista Las Palmas;Vista Norte; Warm Sands
Cc: Flinn Fagg; Kathie Hart
Subject: Case 5.1218-D ZTA- Regarding the Cultivation of Medical Cannabis
Attachments: 5.1218-D ZTA Medical Cannabis PHN for CC 05 0615.pdf
Good afternoon—
Please find the attached Public Hearing Notice of the City Council for May 6, 2015 of the proposed Zone Text
Amendment.
Thank you,
J+
Joanne Bruggemans
City of Palm Springs
Planning Services Department
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Phone: (760) 323-8245 Fax: (760) 322-8360
Email: ioanne.hruggemans@palmspringsca-gov
t
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1218-D ZTA
APPLICATION BY THE CITY OF PALM SPRINGS
FOR A ZONE TEXT AMENDMENT
REGARDING THE CULTIVATION OF MEDICAL CANNABIS AND LOCATIONAL
STANDARDS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of May 6, 2015. The City Council meeting begins at
6:00 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of the hearing is to consider an application by the City of Palm Springs to amend
Palm Springs Zoning Code (PSZC) regarding the development standards for cultivation of
medical cannabis and to consider expanded locational standards for medical cannabis
cooperatives or collectives.
ENVIRONMENTAL DETERMINATION: The City of Palm Springs, in its capacity as the Lead
Agency, under the California Environmental Quality Act (CEQA) has determined that the
proposed zoning code text amendment is Categorically Exempt under Section 15305 (Minor
Alterations in Land Use Limitations) of the Guidelines for the California Environmental Quality
Act since the proposed zone text amendment proposes only insignificant changes to the land
use designations provisions.
REVIEW OF INFORMATION: The staff report and other supporting documents regarding this
matter are available for public review at City Hall between the hours of 8:00 a.m. and
6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at
(760) 323-8204 if you would like to schedule an appointment to review these documents.
COMMENTS: Response to this notice may be made verbally at the Public Hearing and/or in
writing before the hearing. Written comments may be made to the City Council by letter (for mail
or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised
at the public hearing described in this notice, or in written correspondence delivered to the City
Clerk at, or prior to, the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Flinn Fagg, Director of Planning Services, at
(760) 323-8245.
Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede hablar
con Felipe Primera telefono (760) 323-8253.
ames Thompson, City Clerl
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Cindy Berardi
From: Craig Scott <craigscottsf@yahoo.com>
Sent: Friday, May 29, 2015 10:25 AM
To: Steve Pougnet; Chris Mills; Ginny Foat; Rick Hutcheson; Paul Lewin;Jennifer Nelson;
CityClerk
Cc: brettklein@hotmail.com; Desert Stonewall Democrats;joy@crystalfantasy.com; Lanny
Swerdlow
Subject: Growing marijuana without electricity
Attachments: PS Cannabis Staff_Report_Proposed_Ordinace.pdf;Indoor-can nab is-energy-use.pdf;
2015May19 Riverside Co Ordinance.pdf; 2012-MI Enclosed Locked Facility.pdf
Dear Palm Springs City Council:
I am writing to ask City Council for an adjustment, or clarification, to your proposed regulations for commercial
production of cannabis. I am interested in changing the proposed ordinance to allow growing plants with
sunshine, without electrical power. To require buildings to be built, especially under the windmills, with
electricity pumped into those buildings for something that grows perfectly well in natural sunlight seems
contrary to the environmental intent of the windmills and Palm Springs' values. Evan Mills, a member of the
U.N. Intergovernmental Panel on Climate Change and a staff scientist at Lawrence Berkeley National
Laboratory, estimates that indoor marijuana cultivation consumes about 1%of America's total power
consumption or enough energy to power two million average-sized homes. His full report is attached and here is
a link to a NY Times article concerning his research. http://www.nytimes.com/gwire/2011/04/11/11greenwire-
study-pot-growers-inhale-l-of-us-electricity-e-62219.html
Marijuana is not grown indoors because that is where it grows best, but because of its illegal nature growing out
in the open invites arrest and prosecution. Furthermore, the cost of growing marijuana with artificial light
increases the price astronomically making marijuana unaffordable to many people who need large amounts,
such as AIDS patients.
The current proposed Palm Springs texts refers to, "enclosed facility." Perhaps "enclosed facility" could be
defined within the ordinance to include well-fenced areas open to the sunshine. The County of Riverside on
May 19`h passed an ordinance regulating growing marijuana for personal use outdoors. (Attached.) These
regulations could be a starting point to consider growing outdoors. I have also located a Michigan statute that
defines an "enclosed, locked facility." (Also attached.) Both the County's and Michigan's regulations include
opaque fencing to obscure visibility. I hope the council will embrace cultivation of these plants in the sunshine
without further energy consumption. Perhaps these regulations could be used to frame the proposed ordinance
to allow growing marijuana in the sun.
Thank you, Craig Scott
Secretary, Brownie Mary Democratic Club of Riverside County
ENERGY UP IN SMOKE
THE CARBON FOOTPRINT OF INDOOR CANNABIS PRODUCTION
Evan Mills, Ph.D.*
April 5,2011
*The research described in this report was conducted and published independently by the
author, a long-time energy analyst and Staff Scientist at the Lawrence Berkeley National
Laboratory, University of California. Scott Zeramby provided valuable insights into
technology characteristics, equipment configurations, and market factors that influence
energy utilization.
The report can be downloaded from: http://evan-mills.com/energy-associates/Indoor.htmi
On occasion, previously unrecognized spheres of energy use come to light. Important
examples include the pervasive air leakage from ductwork in homes, the bourgeoning
energy intensity of computer datacenters, and the electricity "leaking"from millions of
small power supplies and other equipment. Intensive periods of investigation, technology
R&D, and policy development gradually ensue in the wake of these discoveries.
The emergent industry of indoor Cannabis production appears to have joined the list. This
report presents a model of the modem-day production process—based on public sources
and equipment vendor data—and provides national seeping estimates of the energy use,
costs, and greenhouse-gas emissions associated with this activity in the United States.'
Large-scale industrialized and highly energy-intensive indoor cultivation of Cannabis is a
relatively new phenomenon,driven by criminalization,pursuit of security, and the desire
for greater process control and yields-"' The practice occurs in every state,°and the
415,000 indoor plants eradicated in 20095 represent only the tip of the iceberg.
Aside from sporadic news reports,"'policymakers and consumers possess little
information on the energy implications of this practice.' Substantially higher electricity
demand growth is observed in areas reputed to have extensive indoor Cannabis
cultivation. For example, following the legalization of cultivation for medical purposes in
California in 1996, Humboldt County experienced a 50% rise in per-capita residential
electricity use compared to other areas.9Cultivation is today legal in 17 states, albeit not
federally sanctioned. In California,400,000 individuals are authorized to grow Cannabis
for personal medical use, or sale to 2,100 dispensaries.10 Official estimates of total U.S.
production varied from 10,000 to 24,000 metric tons per year in 2001,' making it the
nation's largest crop by value.'' As of 2006,one third of national indoor production was
estimated to occur in California."Based on a rising number of consumers (6.6% of U.S.
population above the age of 12),13 national production in 2011 is estimated for the
purposes of this study at 17,000 metric tons, one-third occurring indoors.'"
Driving the large energy requirements of indoor production facilities are lighting levels
matching those found in hospital operating rooms (500-times greater than recommended
for reading)and 30 hourly air changes(6-times the rate in high-tech laboratories, and 60-
times the rate in a modern home). Resulting electricity intensities are 200 watts per square
foot, which is on a par with modern datacenters. Indoor carbon dioxide (CO2) levels are
often raised to four-times natural levels in order to boost plant growth.
Specific energy uses include high-intensity lighting, dehumidification to remove water
vapor, space heating during non-illuminated periods and drying, irrigation water pre-
heating, generation Of CO2 by burning fossil fuel, and ventilation and air-conditioning to
remove waste heat. Substantial energy inefficiencies arise from air cleaning,noise and
odor suppression, and inefficient electric generators used to avoid conspicuous utility bills.
Based on these operational factors, the energy requirements to operate a standard
production modulea 4x4x8 foot chamber—are approximately 13,000 kWh/year of
electricity and 1.5 x 10'BTU/year of fossil fuel. A single grow house can contain 10 or
more such modules. Power use scales to about 20 TWh/year nationally (including off-grid
production and power theft), equivalent to that of 2 million average U.S. homes. This
corresponds to 1% of national electricity consumption or 2%of that in households—or the
output of 7 large electric power plants.15 This energy, plus transportation fuel, is valued at
$5 billion annually, with associated emissions of 17 million metric tons of CO2—
equivalent to that of 3 million average American cars. (See Figure I and Tables 1-5.)
1
Fuel is used for several purposes, in addition to electricity. Carbon dioxide, generated
industrially16 or by burning propane or natural gas, contributes about 2% to the carbon
footprint. Vehicle use for production and distribution contributes about 15% of total
emissions, and represents a yearly expenditure of$1 billion. Off-grid diesel-and gasoline-
fueled electric generators have emissions burdens that are three- and four-times those of
average grid electricity in California. It requires 70 gallons of diesel fuel to produce one
indoor Cannabis plant,or 140 gallons with smaller, less-efficient gasoline generators.
In California, the top-producing state, indoor cultivation is responsible for about 3%of all
electricity use or 8% of household use, somewhat higher than estimates previously made
for British Columbia."This corresponds to the electricity use of 1 million average
California homes, greenhouse-gas emissions equal to those from 1 million average cars,
and energy expenditures of$3 billion per year. Due to higher electricity prices and cleaner
fuels used to make electricity, California incurs 70% of national energy costs but
contributes only 20% of national CO2 emissions from indoor Cannabis cultivation.
From the perspective of individual consumers, a single Cannabis cigarette represents 2
pounds of CO2 emissions,an amount equal to running a 100-watt light bulb for 17 hours
assuming average U.S. electricity emissions(or 30 hours on California's cleaner grid).
The emissions associated with one kilogram of processed Cannabis are equivalent to those
of driving across country 5 times in a 44-mpg car. One single production module doubles
the electricity use of an average U.S. home and triples that of an average California home.
The added electricity use is equivalent to running about 30 refrigerators. Producing one
kilogram of processed Cannabis results in 3,000 kilograms of CO2 emissions.
The energy embodied in the production of inputs such as fertilizer,water, equipment, and
building materials is not estimated here and should be considered in future assessments.
Minimal information and consideration of energy use, coupled with adaptations for
security and privacy, lead to particularly inefficient configurations and correspondingly
elevated energy use and greenhouse-gas emissions. If improved practices applicable to
commercial agricultural greenhouses are any indication, such large amounts of energy are
not required for indoor Cannabis production."Cost-effective efficiency improvements of
75%are conceivable, which would yield energy savings of about $25,000/year for a
generic 10-module operation. Shifting cultivation outdoors virtually eliminates energy use
(aside from transport), although, when mismanaged, the practice imposes other
environmental impacts.l0 Elevated moisture levels associated with indoor cultivation can
cause extensive damage to buildings.20 Electrical fires are an issue as well.21 For legally
sanctioned operations, the application of energy performance standards, efficiency
incentives and education, coupled with the enforcement of appropriate construction codes
could lay a foundation for public-private partnerships to reduce undesirable impacts."
Were compliant operations to receive some form of independent certification and product
labeling, environmental impacts could be made visible to otherwise unaware consumers.
* s �
Current indoor Cannabis production and distribution practices result in prodigious energy
use, costs, and greenhouse-gas pollution. The hidden growth of electricity demand in this
sector confounds energy forecasts and obscures savings from energy efficiency programs
and policies. More in-depth analysis and greater transparency in the energy impacts of this
practice could improve decision-making by policymakers and consumers alike.
2
Figure 1. Carbon Footprint of Indoor Cannabis Production
CO2
yam, generator High-intensity lamps
I
Heater '• �'
Ventilated
Light fixture
ElectricWater purifier
generator y
Submersib o
in Vehicles
Water heater 1% 16%
Water handling
If( a t%
Lighting
- Pump \, 12%
coz production Ballast
Vehicles Space heat 3 loomom
4% kgC kg :.
Indoor
Can na6+s
Motorized lamp
c, ... � rails
Air-
conditioning Air conditioning
18%
Ve`ntillabon&
In-line duct fan,
coupled to lights
Controllers 3 1 1 -
� ' Oscillating fan
Dehumidifier
Table 1 Col ,s-xtiv'on lei Conditions and 8< >nfs
Production parameters
Growing module 16 square feet(ex 1.
walking area)
Number of modules in aroom 10
Area of room 240 square feet
Cycle duration 28 days
Production continuous throughout the year 1.7 cycles
Illumination Lealphase Flowering chase
tamp type Metal halide Higl>pressure sodium
Watts/lamp 600 1000
9allast lasses(mix of magnetic®digital) 13% 13%
Lumps per growing module 1 1
Hours/day 18 12
Days)cpcle 18 60
Daylighting _.. none none
Ventilation
Ducted luminaires with"sealed"lighting ISO CFM/1000W of light
compartment (free flow)
Room ventilation(supply and exhaust fans) 30:ACH
Filtration Charcoal filters on exhaust;HEPA on supply
Oscllating fans:per module,while lights on 1
Water
Application 401 gallons/room-day
Heating Electric submersible heaters
_75.F
Space conditioning
Indoor setpaint-day 82 F
Indoor setpoint-night 68-70I F
AC efficiency Ili SEER
Dehumidification 7x24'.hours
CO2 production -target concentration(mostly 1500 ppm
natural gas combustion in space)
Electric space heating when lights off to maintain indoor setpoint
Target Indoor humidity conditions 40-SD%
Fraction of lighting system heat production 30%
removed by lumineire ventilation
Ballast locator Outside conditioned space
Drying...
Space cord Rlgning,oscillating fans,maintaining )days
50%RH,70-SOF
Electricity supply
gnd 85%
gnd-independent generation(mix of diesel, 15%
propane,and gasoline)
Vehicle use _..
workers during production - - 2089 vehicle miles/cycle
wholesale disMbution 750 vm/tide
retail distr bution 1 bounce 3520 vm yde
4
'TaBle 2, AssumptP411s& Fuels
Service Levels Propane[b] 91,033 BN/gallon
Illuminance' 25-100,000 lux Diesel[b] -138,690 BTU/gallon
Airchange rates' 30 changes per hour Gasoline[b] 124,238 BTU/gallon
Operations - - Electric Generation Min'
Cycle durabon** 78 days Grid 85%share
Cycles/year** 4.2 mndmxu s production Diesel generators 8% share
Production module area' 16 square met(ettl.walking area) Propane generators 5%share
Production module volume- 192 cubic feet
Airflow" 96 cubic feet per minute Gasoline generators 2%share
Modules Per room' 10 Emissions Factors
Liohbng Grid electricity-US[c] 0.609 kgCO2/kWh
Leafing phase Gnd electndty-CA[c] 0.384 kgCO2/kWh
Lighting on-time' 19 hrs/day GmI electricity-non-CA US[c] 0.648 kgCO2/kWh
Duration' 18 tlays/cyce Diesel gene2ter"* 0.922 kgCO2/kWh
Flowenng phase Propane generator** 0.822 kgCO2/kWh
Lighting on time- 12 hrs/day Gasoline generator— 1.533 kgCO2/kWh
Duration' 60 days/cycle Blended generatormx" 0,989 vgCO2/kWh
Drvirw Blended cn/off-grid generation-CA*' 0.425 kgCO2/kWh
Hours/dai 24 firs Blended on/off-grid generation-US— 0.666 kgCO2/kWh
Duration* 2 days/cycle Propane combustion 63A kgCO2/MBTU
Equipment Prices
Average air-conditioning age 5 years Electridty price-gntl(California-PG&E)[d] $D.390 per kWh(Tier 5)
Air conditioner eRCiency(SEER) 10 Minimum standard as of 1/2006 Elechmity pi-gntl(U5,dxcl.CA)[e] $D.122 per kWh
Fraction of lighting system heat production Electricity price-off grid** $0.390 per kWh
remov
ed by lum noire vereclation 30% Electricity price blended an/off-CA** $0,390 per kWh
Diesel generator efficiency' U%SSkW Electricity Price-blended on/off-US— $0.166 per kWh
Propane generator o iciency- 25%27kW Popane Price[f] $2,20 per gallon
Gasoline generator efficiency' 15%5.5kW Gasoline Price-US average[f] $3.68 per gallon
Fraction of total prod'n with generators* 15% Diesel Price-US average[f] $3,98 per gallon
Water use findoorl* 1 gallona/oay-plant Wholesale price of Cannab's(9] $4,000$/kg
Transportation:Proportion phase(10 modules) 25 miles roundtrip Production
Daily service(1 vehicle) 78 trips/cycle.Assume 20%live Plants per production module' 4
on to
Biweekly service(2 vehicles] 11.tripwrcycle Net production per production module[h] OJ kiii
Harvest(2 vehicles) 10:'tnps/rycle US produc mn(2aii)[i] 16,974 metric tonnes/y
Total vehicle miles" 2089 vehicle miles/cycle California pmduction(2011)[Q 5,922 metric tonnee/y
TransoortAbon Distribution Fraction produced indoors[i] 33%
Amount transported wholesale: 5-kg per trip US indoor production modules*' 1,727,283
Mileage(rouni 250 vm/cyde Calif indoor production modules** 602,597
Retail(0.25d,x 5 miles roundtrip) 3520 vMrycle
Total*' 4220 vMgde Cigarettes per kg** _ 3,DOD
Fuel economy,typical car [a] 22'Arpg Other _.
Annual emissions,typical car [a] 5195'kg CO2 Average new refrigerator 450 kWh/year
- - -- 0416'.kg 002/mle 173 kgCOd/yeaD(US
Annual emissions,44-mpg car'* - - -* 2598kg CO2 - average)
0.208 kg CO2/mile Electricity use of a typical US home 2009 U] 11,646 kWh/year
Cross-country US mileage - - 2790 miles Electricity use of a typical California home- 6,961 kWM1/year
2009 Fkl
* trade and product literature;interviews with equipment vendors
**calculated from other values
5
Tame 3. Carbon footprint r..` indoor Cannabis Prod) iction
(Average US conditions)
kWh/kg kgCO2 emissions/kg
Lighting 1,479 985 32.2%
Ventilation &Dehumid. 1,197 797 26.1%
Air conditioning 827 551 18.0%
Space heat 197 131 4.3%
CO2 production 54 r 49 1.6%
Water handling 28 19 0.6%
Drying 73' 48 1.6%
Vehides 479 15.7%
Total 3,855 3,059 100.0%
Note: T02 production"represents combustion fuel to make on-site CO2. Assumes 15% of
electricity is produced in off-grid generators. As the fuels used for CO2 contain moisture,
additional dehumidification is required (and allocated here to the CO2 energy row). Air-
conditioning associated with CO2 production(as well as for lighting, ventilation, and other
incidentals) is counted in the air-conditioning category.
6
Table 4. Equivalencies
Indoor Cannabis production of California's total of California's of total US of US
consumes electn<iry,and
3i� Sr+ household Y°lo electricity, �o household
...
electricity and electricity
million
tonnes per million
U.S.Cannabis production&distribution SS Billion,and results in the I. year of equal to the .. average
energy cost... and
of greenhouse emissions of -
cars
gas emissions
(CO2)
U.S.electricity use for Cannabis
production is equivalent to that of 2 million avenge US homes
- - - - million
tonnes per million
California Cannabis production and Billion,and results in the year of equal to the
distribution energy cast 53 emissions of 1 greenhouse emissions of t. average
gas emissions cars
(CO2)
California electricity use for Cannabis I million average California
production is equivalent to that of.. homes
A typical 4x4x8-foot production average average
module,accomodating four plants at a I average U.S.homes, or 2 California or 2$ new
time,consumes as much electncity as... homes refrigerat
ors
Every I kilogram of Cannabis produced
using national-average grid power 2-E tonnes of CO2 equivalent to v,i cross-country trips
results in the emissions of... in a 44mpg car
Every 1 kilogram of Cannabis produced
using a prorated mix of grid and off- 3.1 tonnes of CO2 equivalent to K„; cross-country trips
grid generators results in the emissions in a 44mpg car
of..
Every 1 kilogram of Cannabis produced , cross-country tops
using off-grid generators results in the 4.3 tonnes of CO2 equivalent to 7 s
emissions of in a 44mpg car
kilograms
of CO2
Transportation(wholesale+retail) SL gallons of gasoline per kg or ai billion dollars 4 T9 per
consumes... annually,and kilogram
of final
_. product
pounds of CO2,
One Cannabis cigarette is like driving... emitting 15 miles in a 44mpg car about 2 which is equivalent to operating a 100-. Y7 hours
watt light bulb for
Of the total wholesale price... 24% is for energy(at average
LLS.prices)
per cycle,per per year,per
Tah,hw 5, 7i%4A�Caltors(nveruge Uscondivons) production production
module module
Energy Use
Connected Load 3,039 watts/module
Power Density 190 watts/ft2
Elect 2,698 12,626 kWh/module
Fuel to make CO2 0.3 1.5 MBTU
Transportation fuel 37 172 gallons
On-grid results
Energy cost 592 2,770 $/module
Energy cost 846 $/kg
Fraction of wholesale price 21%
CO2 emissions 1,988 9,302 kg
CO2 emissions 2,840 kg/kg
Off-grid results(diesel)
Energy cast 1,196 5,595 $/module
Energy cast 1,708 $/kg
Fraction of wholesale price 43
CO2 emissions 3,012 14,094 kg
CO2 emissions 4,303 kgCO2/kg
Blended on/off grid results
Energy cost 682 3,194 $/module
Energy cost 975 $/kg
Fraction of wholesale price 24%.
CO2 emissions 2,141 10,021 kg
CO2 emissions 3,059.kgCO2/kg
Of which,indoor CO2 production 9 42 kgCO2
Of which,vehicle use
Fuel use
During Production 14 gallons/kg
Distribution 39 gallons/kg
Cost
During Production $50$/kg
Distribution $143 $/kg
Emissions
During Production 124kgCO2/kg
Distribution 355 k CO2/k
8
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Notes for Tables
[a]. U.S. Environmental Protection Agency. "Emission Facts: Average Annual Emissions and
Fuel Consumption for Passenger Cars and Light Trucks."
http://www.epa.gov/oms/consumer/f00013.htm [accessed February 5, 2011]
[b]. Energy Conversion Factors, U.S. Department of Energy,
http://www.eia.doe.gov/energyexplained/index.cfm?page=about_energy_units [Accessed
February 5, 20111
[c]. U.S. Department of Energy, "Voluntary Reporting of Greenhouse Gases Program"
http://www.eia.doe.gov/oiaf/1605/ec-factors.html [Accessed February 7, 2011]. CA:
Mamay,C., D. Fisher, S. Murtishaw, A. Phadke, L. Price, and J. Sathaye. 2002.
"Estimating Carbon Dioxide Emissions Factors for the California Electric Power Sector."
Lawrence Berkeley National Laboratory Report No. 49945. http://industrial-
encrgy.lbl.gov/node/148
[d]. PG&E residential tariff as of 1/1/11, Tier 5
http!//www.pge.com/tariffs/ResElecCurrent.xls [Accessed February 5, 2011]. In practice
a wide mix of tariffs apply, but the relative shares are not known.
[e]. State-level residential prices, weighted by Cannabis production from [Reference 41, with
actual tariffs and U.S. Energy Information Administration, "Average Retail Price of
Electricity to Ultimate Customers by End-Use Sector, by State,"
http://www.eia.doe.gov/electricity/epm/table5_6_a.html [Accessed February 7, 20111
[f]. U.S. Energy Information Administration, Gasoline and Diesel Fuel Update (as of
2/14/201 1) -see hap:.'www.cia.gov/ooe;info/edu/t asdiescl.asp Propane prices-
http://www.eia.gov/dnav/pet/pet_tri_prop_a_EPLLPA_PTA_dpgal_m.htm [Accessed
April 3, 20111
[g]. Montgomery, M. 2010. "Plummeting Marijuana Prices Create A Panic in Calif."
http://www.npr.org/templates/story/story.php?storyld=126906429
[h]. Toonen,M., S. Ribot,and L Thissen. 2006- "Yield of Illicit Indoor Cannabis Cultivation
in the Netherlands."Journal of Forensic Science, 15(5):1050-4.
http://www.nebi.nlm.nih.gov/pubmed/17018080
[i]. See Reference 14 for derivation.
[j]. Total U.S. Electricity Sales: U.S. Energy Information Administration,"Retail Sales of
Electricity to Ultimate Customers: Total by End-Use Sector"
http://www.eia.gov/cneaf/electricity/epm/table5_1.html [Accessed March 5, 2011]
[k]. California Energy Commission. "Energy Almanac."
http://energyalmanac.ca.gov/electricity/us_rer_capita_electricity.html [Accessed
February 19, 2011]. See also Total California Electricity Sales: California Energy
Commission. 2009. California Energy Demand: 2070-2020--Adopted Forecast. Report
CEC-200-2009-012-CMF), December 2009 (includes self-generation).
10
References
1. This report presents a model of typical production methodologies and associated
transportation energy use. Data sources include equipment manufacturer data, trade media,
the open literature,and interviews with horticultural supply vendors. All assumptions used
in the analysis are presented in Table 2. The resultant normalized(per-kilogram) energy
intensity is driven by the target environmental conditions,production process, and
equipment efficiencies. While less energy-intensive processes are possible (either with
lower per-unit-area yields or more efficient equipment and controls), much more energy-
intensive scenarios are also possible (e.g., rooms using 100% recirculated air with reheat,
hydroponics, and loads not counted here such as well-water pumps and water purification
systems). The assumptions about vehicle energy use are likely conservative, given the
longer-range transportation associated with interstate distribution. Some localities (very
cold and very hot climates) will see much larger shares of production indoors, and have
higher space-conditioning energy demands than the typical conditions assumed here. Some
authors [See Plecas, D. J. Diplock, L. Garis, B. Carlisle, P. Neal, and S. Landry.Journal of
Criminal Justice Research, Vol. 1 No 2.,p. 1-12.] suggest that the assumption of OJSkg
yield per production module per cycle is an over-estimate. Were that the case, the energy
and emissions values in this report would be even higher,which is hard to conceive.
Additional key uncertainties are total production and the indoor fraction of total production
(see note 14), and the corresponding scaling up of relatively well-understood intensities of
energy use per unit of production to state or national levels by weight of final product.
Greenhouse-gas emissions estimates are in turn sensitive to the assumed mix of on-and
off-grid power production technologies and fuels, as off-grid production tends to have
substantially higher emissions per kilowatt-hour than grid power. Costs are a direct
function of the aforementioned factors, combined with electricity tariffs, which vary widely
across the country and among customer classes. More in-depth analyses could explore the
variations introduced by geography and climate, alternate technology configurations, and
production techniques.
2. U.S. Department of Justice. National Drug Threat Assessment: 2010
http://wwwjustice.gov/ndic/pubs38/38661/marijuana.htm#Marijuana
3. World Drug Report: 2009. United Nations Office on Drugs and Crime, p. 97.
http://www.unodc.org/unodc/en/data-and-analysis/WDR-2009.html For U.S. conditions,
indoor yields per unit area are estimated as up to 15-times greater than outdoor yields.
4. Hudson, R. 2003- "Marijuana Availability in The United States and its Associated
Territories."Federal Research Division, Library of Congress. Washington, D.C.
(December). 129pp. See also Gettman,J. 2006. "Marijuana Production in the United
States," 29pp. http:,'/www.drugscience.oreiArchive/bcr2.%ap 2D html
5. See http://www.justice.gov/dea/programs/marijuana.htm
6. Anderson,G. 2010. "Grow Houses Gobble Energy."Press Democrat, July 25.See
http://www.pressdemocrat.com/article/20100725/ARTICLES/100729664
7. Quinones, S. 2010. "Indoor Pot Makes Cash,but Isn't Green."SFGate,
http://www.sfgate-com/cgi-bin/article,cgi?f=/c/a/2010/10/2 I/BAPO 1 FU9MS.DTL
8. A study by RAND appears to have severely underestimated the true energy costs. See J. P.
Caulkins. 2010. "Estimated Cost of Production for Legalized Cannabis."RAND Working
Paper, WR-764-RC. July. Although the study over-estimates the hours of lighting required,
11
it under-estimates the electrical demand and applies energy prices that fall far short of the
inclining marginal-cost tariff structures applicable in many states,particularly California.
9. Lehman, P. and P. Johnstone. 2010. "The Climate-Killers Inside."North Coact Journal,
March 11.
10. Harvey, M. 2009. "California Dreaming of Full Marijuana Legalisation." The Sunday
Times, (September).
http://bus iness.timesonline.co.uk/tolibus i ness/industry_sectors/health/article6851523.ece
11. See Gettman, op cit., at ref 4.
12. See Gettman, op cit., at ref 4.
13. U.S. Department of Health and Human Services, SAMHSA, 2009 National Survey on
Drug Use and Health(September 2010). https://nsduhweb.rti.org/
14. Total Production: The only official domestic estimate of U.S. Cannabis production was
10,000 to 24,000 tonnes for the year 2001. Gettman(op cit., at ref. 4)conservatively
retained the lower value for the year 2006. This 2006 base is adjusted to 2011 values
using 10.9%/year net increase in number of consumers between 2007 and 2009, per U.S.
Department of Health and Human Services (op cit., at rcf. 12). The result is
approximately 17 million tonnes of total production annually(indoor and outdoor).
Indoor Share of Total Production: The three-fold changes in potency over the past two
decades, reported by federal sources, are attributed at least in part to the shift towards
indoor cultivation [See httn:!/www.Justice.gov/ndic/pubs3T37035/nationaLhnn and
Hudson op cit., at ref 4]. AA weighted-average potency of 10% THC (U.S. Office of Drug
Control Policy. 2010. "Marijuana: Know the Facts"),reconciled with assumed 7.5%
potency for outdoor production and 15% for indoor production implies 33.3%::67.7%
indoor::outdoor production shares. For reference, as of 2008,6% of eradicated plants
were from indoor operations, which are more difficult to detect than outdoor operations.
A 33% indoor share, combined with per-plant yields from Table 2, would correspond to a
4% eradication success rate for the levels reported(415,000 indoor plants eradicated in
2009) by the DEA(op cit., at ref 5). Assuming 400,000 members of medical Cannabis
dispensaries in California(each of which is permitted to cultivate), and 50% of these
producing in the generic 10-module room assumed in this analysis, output would slightly
exceed this study's estimate of total statewide production. In practice, significant indoor
production is no doubt conducted outside of the medical marijuana system.
15. Koomey,J., et al. 2010. "Defining A Standard Metric for Electricity Savings."
Environmental Research Letters, 5, doi:10.1088/1748-9326/5/l/014017.
16. Overcash, Y. Li, E. Griffing, and G. Rice. 2007. "A life cycle inventory of carbon dioxide
as a solvent and additive for industry and in products."Journal of Chemical Technology
and Biotechnology, 82:1023-1038.
17. Specifically, 2%of total Provincial electricity use or 6% of residential use, as reported by
BC Hydro in Garis, L. 2008. "Eliminating Residential Hazards Associated with
Marijuana Grow Operations and The Regulation of Hydroponics Equipment,"British
Columbia's Public Safety Electrical Fire and Safety Initiative,Fire Chiefs Association of
British Columbia, 108pp. See also Bellett, G. 2010. "Pot Growers Stealing $100 million
in Electricity: B.C. Hydro studies found 500 Gigawatt hours stolen each year."Alberni
Valley Times. October 8. Analysis by B.C. Hydro in 2006 identified nearly 18,000
residential utility accounts in Vancouver with suspiciously high electricity use [see Garis
2008]. There were an estimated 10,000 indoor operations in B.C. in the year 2003,
generating $1.2413 in wholesale revenue [See Plecas et al., op cit., at ref 1.].
12
18. See, e.g., this University of Michigan resource:
http://www.hrt.msu,edu/energy/Default.htm
19. "Environmental Impacts of Pot Growth."2009. Ukiah Daily Journal. (posted at
http://www.cannabisnews.org/united-states-cannabis-news/environmental-impacts-of-
pot-growth/)
20. For observations from the building inspectors community, see
http!//www-nachi.org/marijuana-grow-operations,htm
21. See Garis, L., op cit., at ref 17.
22. The City of Fort Bragg, CA, has implemented elements of this in TITLE 9—Puhlic
Peace, Safety, & Morals, Chapter 9.34.
http://city.fortbragg.com/pages/searchResults.lasso?-
token.editChoice=9.0.0&SearchType=MCsuperSearch&CurrcntAction=viewResu It#9.32
.0
13
SUBMITTAL TO THE BOARD OF SUPERVISORS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 13 ATE(,"$
FROM: TLMA and County Counsel SUBMITTAL DATE:
May 7, 2015
SUBJECT: Ordinance No. 348.4802 and Ordinance No. 925 Prohibiting Marijuana Cultivation and
Declaring Marijuana Cultivation to be a Public Nuisance [All Districts-$0]—CEQA EXEMPT
RECOMMENDED MOTION: That the Board of Supervisors open the public hearing and at the close of
the public hearing:
1. Find Ordinance Nos. 348.4802 and 925 are not a project under CEQA per CEQA Guidelines
sections 15060(c)(3) and 15378 and are otherwise exempt from CEQA pursuant to CEQA
Guidelines sections 15061(b)(3) and 15308 based on the findings and conclusions contained in
the attached Planning Department staff report and Notice of Exemption; and
2. Adopt Ordinance No. 348.4802, an ordinance of the County of Riverside amending Ordinance No.
348 related to zoning, based upon the findings and conclusions incorporated in the attached
Planning Department staff report; and
3. Introduce and adopt on successive weeks Ordinance No. 925, an ordinance of the County of
Riverside prohibiting marijuana cultivation and declaring marijuana cultivation to be a public
nuisance.
e
(continued on page 2)
t ,
4
Q
egory . Priamos an C. Perez
County ounsel TLMA Director
ONSENT
FINANCIAL DATA CunentFlscalYear: NextFlecalYear: 7otelCost: ongoing Cost: WrExeK.Ottke)
COST $ N/A $ N/A $ N/A $ N/A Consent❑ Policy iY
NET COUNTY COST $ N/A $ N/A $ N/A $ N/A
SOURCE OF FUNDS: Budget Adjustment: N/A
For Fiscal Year: N/A
C.E.O. RECOMMENDATION: APPROVE
t
BY:
CountyExecutive Office Signature Tina Grande
MINUTES OF THE BOARD OF SUPERVISORS
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SUBMITTAL TO THE BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FORM 11: Ordinance No. 348.4802 and Ordinance No. 925 Prohibiting Marijuana Cultivation and Declaring
Marijuana Cultivation to be a Public Nuisance [All Districts- $0]—CEQA EXEMPT
DATE: May 7, 2015
PAGE: Page 2 of 4
BACKGROUND:
Summary
On November 25, 2014, the Board of Supervisors approved agenda item 3-1 directing staff to prepare an
amendment to Ordinance No. 348 clarifying that cultivation of marijuana is expressly prohibited in all zones in
the County with limited exemptions from enforcement for medical marijuana cultivation under specked
conditions and standards in certain identified zones. Per the Board's direction, the specified conditions and
standards under which the cultivation of medical marijuana would be exempted from enforcement would be set
forth in a new separate ordinance. County Counsel, Planning, and Code Enforcement have consulted with the
Sheriff's Department, Executive Office and the Public Health Officer in preparation of the following ordinances
consistent with the Board's November 2014 order.
ORDINANCE NO. 348.4802 - Ordinance No. 348.4802 adds new provisions to Ordinance No. 348 (Section
3.4) clarifying that cultivation of marijuana is prohibited in all zone classifications throughout the unincorporated
area of the County and that no permit of any type shall be issued for marijuana cultivation. Ordinance No.
348.4802 further provides that there shall be a limited exemption from enforcement for violations of the
ordinance for marijuana cultivation in the following zone classifications in conjunction with a one-family dwelling
if such marijuana cultivation complies with the conditions and standards set forth in a separate nuisance
ordinance, Ordinance No. 925: Light Agriculture (A-1), Heavy Agriculture (A-2), Light Agriculture with Poultry
(A-P), Citrus Vineyard (CN), Natural Assets (N-A), One-Family Dwellings (R-1), One-Family Dwellings
Mountain Resort (R-1A), Multiple-Family Dwellings (R-2), Limited Multiple-Family Dwellings (R-2A), General
Residential (R-3), Village Tourist Residential (R-3A), Planned Residential (R-4), Residential Incentive (R-6),
Residential Agricultural (R-A), Regulated Development (R-D), Rural Residential (R-R), Mobile Home
Subdivisions and Mobile Home Parks (R-T), Mobile Home Subdivision Rural (R-T-R), Controlled Development
Areas (W-2), Controlled Development Area with Mobile Homes (W-2-M), Wine Country — Winery (WC-W),
Wine Country — Winery Existing (WC-WE), Wine Country — Equestrian (WC-E), Wine Country — Residential
(WC-R), and Specific Plan (SP) when the underlying zone classification for that particular SP is one of the
other zone classifications identified above. Ordinance No. 348.4802 also amends Section 3.3 of Ordinance No.
348 to state that any use that is illegal under State or Federal law is not allowed under Ordinance No. 348.
Additionally, Ordinance No. 348.4802 adds the previously adopted Wine Country zoning classifications to the
list of zones set forth in Section 3.1 of Ordinance No. 348.
Ordinance No. 348.4802 was reviewed and recommended for approval by the Planning Commission on April
15, 2015.
ORDINANCE NO. 925 — Ordinance No. 925 declares marijuana cultivation, either indoors or outdoors, upon
any premises within all unincorporated areas to be prohibited and a public nuisance subject to abatement and
administrative and civil penalties. As directed by the Board, Ordinance No. 925 states that the County is
committed to making efficient and rational use of its limited investigative and prosecutorial resources and that
there shall be a limited exemption from enforcement for violations of the ordinance by primary caregivers and
qualified patients for small amounts of marijuana cultivation for their own medical use in zone classifications
identified in Section 3.4 of Ordinance No. 348 when all of the following conditions and standards are complied
with:
1. The premises shall contain a legally permitted one-family dwelling.
2. Cultivation of no more than twelve (12) marijuana plants per qualified patient. In the event a
qualified patient has a primary caregiver cultivating marijuana plants for the qualified patient,
only one primary caregiver may cultivate no more than twelve (12) marijuana plants for that
qualified patient at any one time. In no circumstances shall a qualified patient have multiple
primary caregivers cultivating marijuana plants for the qualified patient at the same time.
SUBMITTAL TO THE BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FORM 11: Ordinance No. 348.4802 and Ordinance No. 925 Prohibiting Marijuana Cultivation and Declaring
Marijuana Cultivation to be a Public Nuisance [All Districts - $0]—CEQA EXEMPT
DATE: May 7, 2015
PAGE: Page 3 of 4
3. Two (2) qualified patient limit to aggregate marijuana plant count for a maximum total of twenty-
four(24) marijuana plants per premises.
4. At least one qualified patient or one primary caregiver must live on the premises.
5. All marijuana plants must be reasonably secured to prevent access by minors or theft, to a
standard satisfactory to the enforcement officer.
6. All marijuana cultivation outside of any building must be fully enclosed by an opaque fence at
least six feet in height. The fence must be adequately secure to prevent unauthorized entry.
Bushes, hedgerows, plastic sheeting, tarps, or cloth material shall not constitute an adequate
fence under this subsection. Premises larger than five (5) acres are exempt from this fencing
provision so long as all other standards and conditions are complied with and any barriers used
are otherwise consistent with Ordinance No. 457 and Ordinance No. 348.
7. Each building or outdoor area in which the marijuana plants are cultivated shall be set back at
least ten (10) feet from all boundaries of the premises. Such setback distance shall be
measured in a straight line from the building in which the marijuana plants are cultivated, or, if
the marijuana plants are cultivated in an outdoor area, from the fence required by subsection 6.
to the boundary line of the premises.
8. The designated marijuana cultivation area must not be visible from any public right-of-way.
9. If the person cultivating marijuana plants on any premises is not the owner of the premises,
such person shall submit a letter from the owner(s) consenting to the marijuana cultivation on
the parcel. This letter shall be examined by the enforcement officer, and shall then be returned
to the submitter. The County shall prescribe forms for such letters.
10. Parolees or probationers shall not live on the premises unless the parolee or probationer has
received confirmation from the court that he or she is allowed to use medical marijuana while on
parole or probation pursuant to Health & Safety Code section 11362.795 which shall be subject
to verification by the enforcement officer.
11. Qualified patients for whom the marijuana plants are being cultivated shall have valid Medical
Marijuana Identification Cards issued by the Riverside County Department of Public Health.
Any primary caregiver cultivating marijuana plants for a qualified patient shall have a copy of the
qualified patient's valid Medical Marijuana Identification Card issued by the Riverside County
Department of Public Health which shall be kept on the premises.
12. The address for the premises must be posted and plainly visible from the public right-of-way.
13. The marijuana cultivation shall not be within a multi-dwelling building.
14. The marijuana cultivation shall not be upon any premises located within one thousand (1,000)
feet of any school, community center, or park.
15, The marijuana cultivation shall not be upon any premises containing a child care center, church,
or youth-oriented facility.
Under Ordinance No. 925, any marijuana cultivation that does not comply with all of the above standards and
conditions shall be subject to nuisance abatement enforcement and penalties. Ordinance No. 925 also
contains sections regarding abatement of unlawful marijuana cultivation and appeals hearings, summary
abatements, recovery of abatement costs and attorneys' fees, authorization for the placement of special
assessments and liens, treble damages, misdemeanor penalties, and enforcement by civil actions. Ordinance
No. 925 allows for administrative civil penalties of up to $1000 per day for violations of the ordinance and
contains sections regarding appeal and judicial review of administrative civil penalties, as well as collection of
such penalties.
SUBMITTAL TO THE BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FORM 11: Ordinance No. 348.4802 and Ordinance No. 925 Prohibiting Marijuana Cultivation and Declaring
Marijuana Cultivation to be a Public Nuisance [All Districts - $0] —CEQA EXEMPT
DATE: May 7, 2015
PAGE: Page 4 of 4
Ordinance No. 348.4802 and 925 are not intended as, and should not be construed as, a legalization of
marijuana under any circumstances but are an attempt to prioritize the County's civil abatement, prosecutorial
and public safety resources with regard to marijuana cultivation. Under no circumstances will the County issue
any types of land use permits or entitlements authorizing marijuana cultivation.
Ordinance Nos. 348,4802 and 925 are not a project under the California Environmental Quality Act (CEQA) per
CEQA Guidelines sections 15060(c)(3) and 15378 and are otherwise exempt from the provisions of CEQA
pursuant to CEQA Guidelines sections 15061(b)(3) and 15308 as set forth in the attached Notice of
Exemption.
Impact on Citizens and Businesses
The proliferation of large-scale marijuana cultivation increases the risk of criminal activity, degradation of the
natural environment and often results in illegal electrical and water connections and alterations. Large-scale
marijuana cultivation also creates increased nuisance impacts to neighboring properties. The purpose of these
ordinances are to provide for greater enforcement against large-scale marijuana cultivation with the goal of
improving community livability and protecting public health, safety and welfare, while also recognizing a limited
enforcement exemption for small amounts of marijuana cultivated for medical uses by registered medical
marijuana patients. While the enforcement of these ordinances may result in increased unknown departmental
costs, recovery of abatements costs are authorized under the ordinances including the placement of special
assessments and liens forrecovery of such costs.
SUPPLEMENTAL:
Additional Fiscal Information
N/A
Attachments:
1. Ordinance No. 348.4802
2. Ordinance No. 925
3. Planning Commission Minute Order from April 15, 2015
4. Planning Department Staff Report
5. CEQA Notice of Exemption
I ORDINANCE NO. 348.4802
AN ORDINANCE OF THE COUNTY OF RIVERSIDE
2 AMENDING ORDINANCE NO. 348
3 RELATING TO ZONING
4
5 The Board of Supervisors of the County of Riverside ordains as follows:
6 Section 1. Section 3.1 of Ordinance No. 348 is amended to add the following zone
7 classifications:
8 "WC-W Wine Country—Winery
g WC-WE Wine Country—Winery Existing
10 WC-E WineCountry—Equestrian
11 WC-R Wine Country—Residential'
12 Section 2. Section 3.3 of Ordinance No. 348 is amended to read as follows:
13 "SECTION 3.3. USES ALLOWED IN ZONE CLASSIFICATIONS. The terminology
14 used in Section 3.1 of this ordinance is general only and is not intended to be descriptive of
15 all uses allowed in the zone classifications. The zone classifications are specifically set
16 forth in subsequent articles of this ordinance to which reference should be made to
17 determine all the uses permitted therein. When a use is not specifically listed as permitted
18 or conditionally permitted in a zone classification, the use is prohibited unless, in
19 circumstances where this ordinance empowers him to do so, the Planning Director makes a
20 determination that the use is substantially the same in character and intensity as those uses
21 permitted or conditionally permitted in the zone classification. Nothing in this ordinance
22 shall be construed to allow a use that is otherwise illegal under State or Federal law."
23 Section 3. A new Section 3 A of Ordinance No. 348 is added to read as follows:
24 "SECTION 3.4. MARIJUANA DISPENSARIES AND MARIJUANA CULTIVATION
25 PROHIBITED. In no event shall a medical marijuana dispensary or marijuana cultivation,
26 as the terms are defined in this ordinance, be considered permitted or conditionally
27 permitted uses in any zone classification. A medical marijuana dispensary is prohibited in
28 all zone classifications and no permit of any type shall be issued therefor. Marijuana
1
I cultivation is prohibited in all zone classifications and no permit of any type shall be issued
2 therefor. There shall be a limited exemption from enforcement for violations of this
3 section for marijuana cultivation in the following zone classifications in conjunction with a
4 one-family dwelling if such marijuana cultivation complies with the conditions and
5 standards set forth in Ordinance No. 925: Light Agriculture (A-1), Heavy Agriculture (A-
6 2), Light Agriculture with Poultry (A-P), Citrus Vineyard (C/V), Natural Assets (N-A),
7 One-Family Dwellings (R-1), One-Family Dwellings Mountain Resort (R-IA), Multiple-
8 Family Dwellings (R-2), Limited Multiple-Family Dwellings (R-2A), General Residential
9 (R-3), Village Tourist Residential (R-3A), Planned Residential (R-4), Residential Incentive
10 (R-6), Residential Agricultural (R-A), Regulated Development (R-D), Rural Residential
11 (R-R), Mobile Home Subdivisions and Mobile Home Parks (R-T), Mobile Home
12 Subdivision Rural (R-T-R), Controlled Development Areas (W-2), Controlled
13 Development Area with Mobile Homes (W-2-M), Wine Country— Winery (WC-W), Wine
14 Country— Winery Existing (WC-WE), Wine Country—Equestrian (WC-E), Wine Country
15 — Residential (WC-R), and Specific Plan (SP) when the underlying zone classification for
16 that particular SP is one of the other zone classifications identified in this Section."
17 Section 4. A new Section 21.51j. is added to Ordinance No. 348 to read as follows:
18 "SECTION 21.51j. MARIJUANA CULTIVATION. The planting, growing, harvesting,
19 drying, processing, or storage of one or more marijuana plants or any part thereof in any
20 location, indoor or outdoor, including from within a fully enclosed and secure building.
21 Marijuana plant, as used herein, includes any mature or immature marijuana plant, or any
22 marijuana seedling."
23
24
25
26
27
28
2
I Section 5. This ordinance shall take effect thirty (30) days after its adoption.
2
3 BOARD OF SUPERVISORS OF THE COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA
4
5
6 By:
Chairman, Board of Supervisors
7
ATTEST:
8 CLERK OF THE BOARD
9
10 By: _
Deputy
11
12 (SEAL)
13 APPROVED AS TO FORM
2015
14
IS
By: ! Ui F
16 TI AN :1
17 De 'uty County Counsel
18
19 G:Troperty\'INortMRCO No 348\RCO No 348 4802 Final.doc
20
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3
I ORDINANCE NO. 925
2 AN ORDINANCE OF THE COUNTY OF RIVERSIDE
3 PROHIBITING MARIJUANA CULTIVATION AND
4 DECLARING MARIJUANA CULTIVATION TO BE A NUISANCE
5
6 The Board of Supervisors of the County of Riverside ordains as follows:
7 Section 1. FINDINGS AND PURPOSE. The Board of Supervisors finds and declares
8 the following:
9 a. In 1996, the voters of the State of California approved Proposition 215
10 (codified as California Health and Safety Code section 11362.5, and entitled
11 "The Compassionate Use Act of 1996").
12 b. The intent of Proposition 215 was to enable persons who are in need of
13 marijuana for medical purposes to use it without fear of criminal
14 prosecution under limited, specified circumstances. The proposition further
15 provides that "nothing in this section shall be construed to supersede
16 legislation prohibiting persons from engaging in conduct that endangers
17 others, or to condone the diversion of marijuana for non-medical purposes."
18 The ballot arguments supporting Proposition 215 expressly acknowledged
19 that"Proposition 215 does not allow unlimited quantities of marijuana to be
20 grown anywhere."
21 c. In 2004, the Legislature enacted Senate Bill 420 (codified as California
22 Health and Safety Code sections 11362.7 et seq., and referred to as the
23 "Medical Marijuana Program") to clarify the scope of Proposition 215, and
24 to provide qualifying patients and primary caregivers who collectively or
25 cooperatively cultivate marijuana for medical purposes with a limited
26 defense to certain specified state criminal statutes. Assembly Bill 2650
27 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana
28 Program to expressly recognize the authority of counties and cities to
I "[a]dopt local ordinances that regulate the location, operation, or
2 establishment of a medical marijuana cooperative or collective" and to
3 civilly and criminally enforce such ordinances.
4 d. In City of Riverside v. Inland Empire Patients Health and Wellness Center,
5 Inc. (2013) 56 Cal. 4th 729, the California Supreme Court held that
6 "[n]othing in the CUA or the MMP expressly or impliedly limits the
7 inherent authority of a local jurisdiction, by its own ordinances, to regulate
8 the use of its land..." Additionally, in Maral v. City of Live Oak(2013) 221
9 Cal.App.0 975, the Court of Appeal held that "there is no right — and
10 certainly no constitutional right — to cultivate medical marijuana..." The
I Court in Maral affirmed the ability of a local governmental entity to
12 prohibit the cultivation of marijuana under its land use authority.
13 e. The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., classifies
14 marijuana as a Schedule I Drug, which is defined as a drug or other
15 substance that has a high potential for abuse, that has no currently accepted
16 medical use in treatment in the United States, and that has not been
17 accepted as safe for use under medical supervision. The Federal Controlled
18 Substances Act makes it unlawful, under federal law, for any person to
19 cultivate, manufacture, distribute or dispense, or possess with intent to
20 manufacture, distribute or dispense, marijuana. The Federal Controlled
21 Substances Act contains no exemption for the cultivation, manufacture,
22 distribution, dispensation, or possession of marijuana for medical purposes.
23 f. Marijuana cultivation in the unincorporated area of Riverside County can
24 adversely affect the health, safety, and well-being of County residents.
25 Countywide prohibition of marijuana cultivation is proper and necessary to
26 avoid the risks of criminal activity, degradation of the natural environment,
27 malodorous smells, and indoor electrical fire hazards that may result from
28 unregulated marijuana cultivation, and that are especially significant if the
2
I amount of marijuana cultivated on a single premises is not regulated and
2 substantial amounts of marijuana are thereby allowed to be concentrated in
3 one place.
4 g. Marijuana cultivation at locations or premises within one thousand feet of
5 schools, parks, and community centers creates unique risks that the
6 marijuana plants may be observed by minors, and therefore be especially
7 vulnerable to theft or recreational consumption by minors. Further, the
8 potential for criminal activities associated with marijuana cultivation in
9 such locations poses heightened risks that minors will be involved or
10 endangered. Therefore, any amount of marijuana cultivation in such
11 locations or premises is especially hazardous to public safety and welfare,
12 and to the protection of children and the person(s) cultivating the marijuana
13 plants.
14 h. As recognized by the Attorney General's August 2008 Guidelines for the
15 Security and Non-Diversion of Marijuana Grown for Medical Use,
16 marijuana cultivation or other concentration of marijuana in any location or
17 premises without adequate security increases the risk that surrounding
18 homes or businesses may be negatively impacted by nuisance activity such
19 as loitering or crime.
20 i. The limited immunity from specified state marijuana laws provided by the
21 Compassionate Use Act and Medical Marijuana Program does not confer a
22 land use right or the right to create or maintain a public nuisance.
23 j. The County is committed to making efficient and rational use of its limited
24 investigative and prosecutorial resources. There shall be a limited
25 exemption from enforcement for violations of this ordinance by primary
26 caregivers and qualified patients for small amounts of marijuana cultivation
27 for their own medical use in zone classifications identified section 3.4 of
28 Ordinance No. 348 when all of the conditions and standards in section 12 of
3
I this ordinance are met.
2 Section 2. AUTHORITY. This ordinance is adopted pursuant to the authority granted
3 by Article XI, section 7 of the California Constitution, Health and Safety Code section 11362.83, and
4 Government Code sections 25845 and 53069.4.
5 Section 3. DEFINITIONS. As used in this ordinance, the following terms shall have
6 the following meanings:
7 a. Abatement Costs. Any costs or expenses, including County staff time
8 reasonably related to the abatement of conditions which violate this
9 ordinance, and shall include, but not be limited to, enforcement,
10 investigation, summaries, reports, notices, telephonic contact,
11 correspondence, mailing expense, title search costs, administrative costs
12 including scheduling and participation at hearings and meetings, Hearing
13 Officer costs, expenses incurred by the County, court costs, civil or
14 administrative penalties, collection, reasonable attorneys' fees, and other
15 costs associated with the removal, abatement or correction of a violation.
16 b. Child Care Center. Any licensed child care center, daycare center, child
17 care home, or any preschool.
18 C. Church. A structure or leased portion of a structure,which is used primarily
19 for religious worship and related religious activities.
20 d. Community Center. Any facility open to the public at which classes,
21 social activities, recreational activities, educational activities, support and
22 public information are offered for all residents of the community.
23 e. Enforcement Officer. The Sheriff, the Transportation and Land
24 Management Agency Director, Building Official, Code Enforcement
25 Official, County Counsel, Environmental Health Department Director,
26 Public Health Officer, Agricultural Commissioner, Fire Chief, Clerk of the
27 Board of Supervisors, and their designees.
28 f. Family. One or more non-transient, related or unrelated persons living
4
I together as a single, nonprofit housekeeping unit.
2 g. Marijuana Cultivation. The planting, growing, harvesting, drying,
3 processing, or storage of one or more marijuana plants or any part thereof in
4 any location, indoor or outdoor, including from within a fully enclosed and
5 secure building.
6 h. Marijuana _plant. Any mature or immature marijuana plant, or any
7 marijuana seedling.
8 i. Minor. A person under eighteen (18) years of age.
9 j. Multiple-Family Dwelling. A building or portion thereof used to house two
10 or more families, including domestic employees of each such family, living
11 independently of each other, and each having their own kitchen.
12 k. One-Family Dwelling. A building or detached structure, including a
13 mobilehome or manufactured home, containing one kitchen and used to
14 house not more than one family, including domestic employees.
15 1. Park. A public playground, public recreation center or area, and other
16 public areas, created, established, designated, maintained, provided or set
17 aside by the County, any city, or any other public entity or agency, for the
18 purposes of public rest, play, recreation, enjoyment or assembly, and all
19 buildings and structures located thereon or therein.
20 M. Premises. A single parcel of property. Where contiguous parcels are under
21 common ownership or control, such contiguous parcels shall be counted as
22 a single "premises" for purposes of this ordinance.
23 It. Primary Caregiver. Shall have the meaning set forth in Health and Safety
24 Code sections 11362.5 and 11362.7 et seq.
25 0. Qualified Patient. Shall have the meaning set forth in Health and Safety
26 Code sections 11362.5 and 11362.7 et seq.
27 P. Responsible Party. (1) Each person committing the violation or causing a
28 condition on a premises located within the jurisdiction of the County of
5
I Riverside which violates this ordinance; (2) each person who has an
2 ownership interest in that premises; or(3) each person who, although not an
3 owner, nevertheless occupies or has a legal right or a legal obligation to
4 exercise possession or control over that premises. In the event the person
5 who commits the violation or causes the violating condition is a minor, then
6 the minor's parents or legal guardian shall be deemed the responsible party.
7 In the event the violation or violating condition is most reasonably
8 attributable to a business, then that business, to the extent it is a legal entity
9 such that it can sue and be sued in its own name, and each person who is an
10 owner of that business shall be deemed responsible parties.
11 q. School. An institution of leaming for minors, whether public or private,
12 offering a regular course of instruction required by the California Education
13 Code. This definition includes a nursery school, kindergarten, elementary
14 school, middle or junior high school, senior high school, or any special
15 institution of education, but it does not include a home school, vocational or
16 professional institution of higher education, including a community or
17 junior college, college, or university.
18 r. Youth-oriented Facility. Any facility that caters to or provides services
19 primarily intended for minors, or the individuals who regularly patronize,
20 congregate or assemble at the establishment are predominantly minors.
21 Section 4. PROHIBITIONS ON MARIJUANA CULTIVATION. NUISANCE
22 DECLARED. Marijuana cultivation, either indoors or outdoors, fixed or mobile, upon any premises
23 within all unincorporated areas of Riverside County is prohibited and hereby declared to be unlawful and
24 a public nuisance that may be abated in accordance with this ordinance. The foregoing prohibition shall
25 be imposed regardless of the number of qualified patients or primary caregivers residing at the premises
26 or participating directly or indirectly in the cultivation. Further, this prohibition shall be imposed
27 notwithstanding any assertion that the person(s) cultivating marijuana are the primary caregiver(s) for
28 qualified patients or that such person(s) are collectively or cooperatively cultivating marijuana.
6
I Section 5. NOTICE TO ABATE UNLAWFUL MARIJUANA CULTIVATION.
2 Whenever the enforcement officer determines that a public nuisance as described in this ordinance exists
3 on any premises within the unincorporated area of Riverside County, he or she is authorized to notify the
4 owner of the premises and any other responsible party, through issuance of a "Notice to Abate Unlawful
5 Marijuana Cultivation."
6 Section 6. CONTENTS OF NOTICE. The Notice to Abate Unlawful Marijuana
7 Cultivation set forth in section 5 of this ordinance shall be in writing and shall:
8 a. Identify the owner(s) of the premises upon which the nuisance exists, as
9 named in the last County Equalized Assessment Roll, and identify any
10 other responsible party, if other than the owner(s), and if known or
I 1 reasonably identifiable.
12 b. Describe the location of such premises by its commonly used street address,
13 giving the name or number of the street, road or highway and the number, if
14 any.
15 C. Identify such premises by reference to the assessor's parcel number.
16 d. Contain a statement that unlawful marijuana cultivation exists on the
17 premises and that it has been determined by the enforcement officer to be a
18 public nuisance described in this ordinance.
19 e. Describe the unlawful marijuana cultivation that exists and the actions
20 required to abate it.
21 f. Contain a statement that the owner or responsible party is required to
22 abate the unlawful marijuana cultivation within ten (10) calendar days
23 after the date that said notice was served.
24 g. Contain a statement that the owner or responsible party may, within ten
25 (10) calendar days after the date that said Notice to Abate Unlawful
26 Marijuana Cultivation was served, make a request in writing to the
27 County Department that issued the notice for a hearing to appeal the
28
7
I determination of the enforcement officer that the conditions existing
2 constitute a public nuisance, or to show other cause why those conditions
3 should not be abated in accordance with the provisions of this ordinance.
4 h. Contain a statement that, unless the owner or responsible party abates the
5 unlawful marijuana cultivation within the time prescribed in the Notice to
6 Abate Unlawful Marijuana Cultivation, the enforcement officer shall abate
7 the nuisance. It shall also state that the abatement costs may result in the
8 imposition of a lien and special tax assessment against the premises for
9 abatement costs related to enforcement of the this ordinance and abatement
10 of the violative conditions.
11 i. The failure of the Notice to Abate Unlawful Marijuana Cultivation to set
12 forth all required contents shall not affect the validity of the proceedings.
13 Section 7. SERVICE OF NOTICE. Unless otherwise specifically provided for in any
14 other section of this ordinance, notices shall be issued in the following manner:
15 a. Notices required pursuant to this ordinance may be served in any of the
16 following methods:
17 1. Personal service; or
18 2. By posting a copy of the notice in a visible place on the premises
19 and mailing a copy to the premises owner as such person's name and
20 address appears on the last County Equalized Assessment Roll. If notice
21 is mailed to a responsible party other than the premises owner then the
22 notice may be mailed to the last known address. If the address of any
23 such person is unknown, that fact shall be stated in the copy so mailed
24 and it shall be addressed to the person at the county seat. Service shall
25 be deemed complete five (5) calendar days after the date of deposit in
26 the mail or five (5) calendar days after the date of posting, whichever is
27 later.
28
8
I b. The failure of any premises owner or any other responsible party to
2 receive such notice shall not affect the validity of the abatement
3 proceedings.
4 Section S. APPEAL HEARING BY COUNTY HEARING OFFICER.
5 a. Any person upon whom a Notice to Abate Unlawful Marijuana
6 Cultivation has been served may appeal the determination of the
7 enforcement officer that the conditions set forth in the notice constitute a
8 public nuisance, or may show cause why those conditions should not be
9 abated in accordance with the provisions of this ordinance.
10 b. Any such appeal shall be commenced by filing a written request for a
11 hearing with the County Department that issued the Notice to Abate
12 Unlawful Marijuana Cultivation within ten (10) calendar days after the
13 date that said Notice was served. The written request shall include a
14 statement of all facts supporting the appeal. The time requirement for
15 filing such a written request shall be deemed jurisdictional and may not
16 be waived. In the absence of a timely filed written request that complies
17 fully with the requirements of this section, the findings of the
18 enforcement officer contained in the Notice to Abate Unlawful Marijuana
19 Cultivation shall become final and conclusive on the eleventh day
20 following service of the notice.
21 C. Upon timely receipt of a written request for hearing which complies with
22 the requirements of this section, a hearing shall be set for a date not less
23 than ten (10) calendar days, nor more than thirty (30)calendar days, from
24 the date the request was filed. Written notice of the hearing shall sent to
25 the requesting party, to any other parties upon whom the Notice to Abate
26 Unlawful Marijuana Cultivation was served, and to the enforcement
27 officer.
28
9
I d. The Board of Supervisors delegates its authority to conduct the hearing to
2 the County Hearing Officer appointed by the Board of Supervisors
3 pursuant to Ordinance No. 643 and Government Code section 27720.
4 e. The County Hearing Officer shall have full authority and duty to preside
5 over the hearing in the manner set forth in Ordinance No. 643.
6 f, At the time fixed in the notice of hearing, the County Hearing Officer shall
7 receive evidence from the enforcement officer and the owner of the
8 premises, any other responsible party, or their representatives and any other
9 concerned persons who may desire to present oral or documentary evidence
10 regarding the conditions of the premises or other relevant matter, if such
I 1 persons are present at the hearing. In conducting the hearing, the County
12 Hearing Officer shall not be limited by the technical rules of evidence.
13 Failure of the owner or responsible party to appear shall not affect the
14 validity of the proceedings or order issued thereon.
15 g. Upon conclusion of the hearing, the County Hearing Officer shall make his
16 decision and in the event it so concludes, may declare the conditions on the
17 premises to be in violation of this ordinance and to constitute a public
18 nuisance. The County Hearing Officer may direct the owner or responsible
19 party to abate the unlawful marijuana cultivation within ten (10) calendar
20 days after mailing and posting of the County Hearing Officer's decision.
21 The County Hearing Officer's decision shall include notice that if the
22 unlawful marijuana cultivation is not abated as directed and within ten (10)
23 calendar days, the enforcement officer may abate the unlawful marijuana
24 cultivation and the abatement costs shall be a lien and an assessment against
25 the premises. Such decision shall be mailed to, or personally served upon,
26 the party requesting the hearing, any other parties upon whom the Notice to
27 Abate Unlawful Marijuana Cultivation was served, and the enforcement
28 officer.
10
I It. The County Hearing Officer may continue the administrative hearing from
2 time to time.
3 i. At the conclusion of the hearing,the County Hearing Officer shall submit
4 his decision and the record to the Clerk of the Board.
5 j. The decision of the County Hearing Officer shall be final and conclusive.
6 Section 9. ABATEMENT BY OWNER OR RESPONSIBLE PARTY. Any owner or
7 responsible party may abate the unlawful marijuana cultivation or cause it to be abated at any time prior to
8 commencement of abatement by, or at the direction of,the enforcement officer.
9 Section 10. SUMMARY ABATEMENT. Notwithstanding any other provision of this
10 ordinance, when any unlawful marijuana cultivation constitutes an immediate threat to public health or
11 safety, and when the procedures set forth in sections 5 through 8 of this ordinance will not result in
12 abatement of that nuisance within a short enough time period to avoid that threat, the enforcement officer
13 may direct any officer or employee of the County to summarily abate the nuisance by removing and
14 destroying the marijuana plants. The enforcement officer shall make reasonable efforts to notify the
15 owner of the premises and any other responsible party, but the formal notice and hearing procedures set
16 forth in this ordinance shall not apply. The County may nevertheless recover its abatement costs for
17 abating that nuisance in the manner set forth in this ordinance.
18 Section 11. ENFORCEMENT. Whenever the enforcement officer becomes aware that
19 an owner of the premises or any other responsible party has failed to abate any unlawful marijuana
20 cultivation within ten(10) calendar days of the date of service of the Notice to Abate Unlawful Marijuana
21 Cultivation, unless timely appealed,or of the date of the County Hearing Officer's decision requiring such
22 abatement, the enforcement officer may take one or more of the following actions:
23 a. Enter upon the premises and abate the nuisance by County personnel, or by
24 private contractor under the direction of the enforcement officer. The
25 enforcement officer may apply to a court of competent jurisdiction for a
26 warrant authorizing entry upon the premises for purposes of undertaking the
27 nuisance abatement work by removing and destroying the marijuana plants,
28 including any fixtures and other moveable property and equipment used for
rl
I marijuana cultivation, if necessary.
2 b. Request that the County Counsel commence a civil action to redress, enjoin,
3 and abate the public nuisance.
4 Section 12. LIMITED EXEMPTION FROM ENFORCEMENT.
5 a. The County is committed to making efficient and rational use of its limited
6 investigative and prosecutorial resources. There shall be a limited
7 exemption from enforcement for violations of this ordinance by primary
8 caregivers and qualified patients for small amounts of marijuana cultivation
9 for their own medical use in zone classifications identified section 3.4 of
10 Ordinance No. 348 when all of the following conditions and standards are
11 complied with:
12 1. The premises shall contain a legally permitted one-family dwelling.
13 2. Cultivation of no more than twelve (12) marijuana plants per
14 qualified patient. In the event a qualified patient has a primary
15 caregiver cultivating marijuana plants for the qualified patient, only
16 one primary caregiver may cultivate no more than twelve (12)
17 marijuana plants for that qualified patient at any one time. In no
18 circumstances shall a qualified patient have multiple primary
19 caregivers cultivating marijuana plants for the qualified patient at
20 the same time.
21 3. Two (2) qualified patient limit to aggregate marijuana plant count
22 for a maximum total of twenty-four (24) marijuana plants per
23 premises.
24 4. At least one qualified patient or one primary caregiver must live on
25 the premises.
26 5. All marijuana plants must be reasonably secured to prevent access
27 by minors or theft, to a standard satisfactory to the enforcement
28 officer.
12
1 6. All marijuana cultivation outside of any building must be fully
2 enclosed by an opaque fence at least six feet in height. The fence
3 must be adequately secure to prevent unauthorized entry. Bushes,
4 hedgerows, plastic sheeting, tarps, or cloth material shall not
5 constitute an adequate fence under this subsection. Premises larger
6 than five (5) acres are exempt from this fencing provision so long as
7 all other standards and conditions of subsection a. of this section are
8 complied with and any barriers used are otherwise consistent with
9 Ordinance No. 457 and Ordinance No. 348.
10 7. Each building or outdoor area in which the marijuana plants are
11 cultivated shall be set back at least ten (10) feet from all boundaries
12 of the premises. Such setback distance shall be measured in a
13 straight line from the building in which the marijuana plants are
14 cultivated, or, if the marijuana plants are cultivated in an outdoor
15 area, from the fence required by subsection 6. to the boundary line
16 of the premises.
17 8. The designated marijuana cultivation area must not be visible from
18 any public right-of-way.
19 9. If the person cultivating marijuana plants on any premises is not the
20 owner of the premises, such person shall submit a letter from the
21 owner(s) consenting to the marijuana cultivation on the parcel. This
22 letter shall be examined by the enforcement officer, and shall then
23 be returned to the submitter. The County shall prescribe forms for
24 such letters.
25 10. Parolees or probationers shall not live on the premises unless the
26 parolees or probationers have received confirmation from the court
27 that he is allowed to use medical marijuana while on parole or
28 probation pursuant to Health & Safety Code section 11362.795
13
I which shall be subject to verification by the enforcement officer.
2 11. Qualified patients for whom the marijuana plants are being
3 cultivated shall have valid Medical Marijuana Identification Cards
4 issued by the Riverside County Department of Public Health. Any
5 primary caregiver cultivating marijuana plants for a qualified patient
6 shall have a copy of the qualified patient's valid Medical Marijuana
7 Identification Card issued by the Riverside County Department of
8 Public Health which shall be kept on the premises.
9 12. The address for the premises must be posted and plainly visible from
10 the public right-of-way.
11 13. The marijuana cultivation shall not be within a multi-dwelling
12 building.
13 14. The marijuana cultivation shall not be upon any premises located
14 within one thousand (1,000) feet of any school, community center,
15 or park.
16 15. The marijuana cultivation shall not be upon any premises containing
17 a child care center, church, or youth-oriented facility.
18 b. Any marijuana cultivation that does not comply with all of the standards
19 and conditions in subsection a. of this section is subject to nuisance
20 abatement enforcement and administrative civil penalties as set forth in this
21 ordinance.
22 Section 13. RECOVERY OF ABATEMENT COSTS AND ATTORNEYS' FEES.
23 a. In any enforcement action brought pursuant to this ordinance, whether by
24 administrative proceedings, judicial proceedings, or summary abatement,
25 each person who causes, permits, suffers, or maintains the unlawful
26 marijuana cultivation to exist shall be liable for all abatement costs incurred
27 by the County, and any and all costs incurred to undertake, or to cause or
28 compel any responsible party to undertake, any abatement action in
14
I compliance with the requirements of this ordinance, whether those costs are
2 incurred prior to, during, or following enactment of this ordinance.
3 b. In any action by the enforcement officer to abate unlawful marijuana
4 cultivation under this ordinance, whether by administrative proceedings,
5 judicial proceedings, or summary abatement, the prevailing party shall be
6 entitled to a recovery of the reasonable attorneys' fees incurred. Recovery
7 of attorneys' fees under this subdivision shall be limited to those actions or
8 proceedings in which the County elects, at the initiation of that action or
9 proceeding, to seek recovery of its own attorneys' fees. In no action,
10 administrative proceeding, or special proceeding shall an award of
11 attorneys' fees to a prevailing party exceed the amount of reasonable
12 attorneys' fees incurred by the County in the action or proceeding.
13 Section 14. NOTICE OF ABATEMENT COSTS. At the conclusion of the abatement, the
14 enforcement officer shall issue a bill setting forth the abatement costs to the owner of the premises and
15 any other responsible party. The bill shall demand payment to the County of the total abatement costs
16 within fifteen (15)calendar days of its mailing.
17 Section 15. SPECIAL ASSESSMENT AND LIEN,
18 a. if the owner fails to pay the abatement costs upon demand by the County,
19 the Board of Supervisors may order the abatement costs to be specially
20 assessed against the premises under Government Code section 25845. The
21 assessment may be collected at the same time and in the same manner as
22 ordinary county taxes are collected, and shall be subject to the same
23 penalties and the same procedure and sale in case of delinquency as are
24 provided for ordinary county taxes. All laws applicable to the levy,
25 collection, and enforcement of county taxes are applicable to the special
26 assessment.
27 b. If the Board of Supervisors specially assesses the abatement costs against
28 the premises,the Board of Supervisors also may cause a Notice of
15
I Abatement Lien to be recorded. The Notice of Abatement Lien shall, at a
2 minimum, identify the record owner or possessor of the premises, set forth
3 the last known address of the record owner or possessor of the premises, set
4 forth the date upon which abatement of the nuisance was ordered by the
5 County Hearing Officer, the date the abatement was complete, include a
6 description of the premises subject to the lien, and the amount of the
7 abatement cost.
8 Section 16. ADMINISTRATIVE CIVIL PENALTIES.
9 a. In addition to any other remedy prescribed in this ordinance, any
10 nuisance as described in this ordinance may be subject to an
I administrative civil penalty of up to one thousand dollars ($1000) per
12 day. The administrative civil penalty may be imposed via the
13 administrative process set forth in this section, as provided in
14 Government Code section 53069A, or may be imposed by the court if the
15 violation requires court enforcement without an administrative process.
16 b. Acts, omissions, or conditions in violation of this ordinance that continue,
17 exist, or occur on more than one day constitute separate violations on
18 each day. Violations continuing, existing, or occurring on the service
19 date, the effective date, and each day between the service date and the
20 effective date are separate violations.
21 G. In the case of a continuing violation, if the violation does not create an
22 immediate danger to health or safety, the enforcement officer or the court
23 shall provide for a reasonable period of time, not to exceed ten(10)calendar
24 days, for the person responsible for the violation to correct or otherwise
25 remedy the violation prior to the imposition of the administrative civil
26 penalty.
27 d. In determining the amount of the administrative civil penalty, the
28 enforcement officer,or the court if the violation requires court enforcement
16
I without an administrative process, shall take into consideration the nature,
2 circumstances, extent, and gravity of the violation or violations, any prior
3 history of violations, the degree of culpability, economic savings, if any
4 resulting from the violation, and any other matters justice may require.
5 e. The enforcement officer may commence the administrative civil penalty
6 process by issuance of a notice of violation and proposed administrative
7 civil penalty, which shall state the amount of the proposed administrative
8 civil penalty and the reasons therefore. The notice of violation and
9 proposed administrative civil penalty shall inform the recipient of his right
10 to request an appeal hearing in accordance with this section. The notice
11 shall state that if such a hearing is not requested within ten (10) days of
12 issuance of the notice of violation and issuance of the proposed
13 administrative civil penalty, the proposed penalty shall become final and the
14 recipient of thereof shall immediately make payment of the administrative
15 civil penalty to the County. The notice of violation and proposed
16 administrative civil penalty shall also state that if the administrative civil
17 penalty is not timely paid or appealed then additional costs shall be assessed
18 by the enforcement officer to recover administrative costs, including but not
19 limited to costs of obtaining a title report, recording fees, noticing,
20 scheduling and participating in further hearings, collection activities or
21 other costs incurred to recover the administrative civil penalties. The notice
22 of violation and proposed administrative civil penalty may be combined
23 with a Notice to Abate Unlawful Marijuana Cultivation issued pursuant to
24 Section 5. The notice of violation and proposed administrative civil penalty
25 shall be served by mail addressed to all of the following: (i) the owner of
26 the premises on which the violation exists, as named on the last County
27 Equalized Assessment Roll, or as otherwise known to the enforcement
28 officer; (ii) anyone other responsible party, if other than the owner(s), and if
17
I known or reasonably identifiable; and (iii) any other person known to the
2 enforcement officer who has caused, permitted, maintained, conducted, or
3 otherwise suffered or allowed the violation to exist. The failure to serve
4 any person described in this subsection shall not affect the validity of
5 service or the validity of any penalties imposed upon any other person.
6 Section 17. APPEAL OF ADMINISTRATIVE CIVIL PENALTIES.
7 a. Notice of Appeal. The recipient of an administrative civil penally may
8 appeal its validity by filing a written Notice of Appeal with the County
9 Department that issued the administrative civil penalty. The written Notice
10 of Appeal must be filed within ten (10) calendar days of service of the
11 administrative civil penalty. The Notice of Appeal shall be accompanied by
12 either an advance deposit of the administrative civil penalty imposed or a
13 Request for Advance Deposit Hardship Waiver as set forth below. Failure
14 to properly file a written Notice of Appeal within this time period shall
15 constitute a waiver of the right to appeal the administrative civil penalty.
16 The Notice of Appeal shall be submitted on a form provided by the County
17 Department that issued the administrative civil penalty and shall contain the
18 following information:
19 1. A brief statement setting forth the appellant's interest in the
20 proceedings;
21 2. A brief statement of the material facts which the appellant claims
22 support a contention that no violation exists and that no
23 administrative civil penalty should be imposed or that an
24 administrative civil penalty of a different amount is warranted;
25 3. An address at which the appellant agrees that notice of any
26 additional proceeding or an order relating to the imposition of the
27 administrative civil penalty may be received by mail; and
28 4. The Notice of Appeal must be signed by the appellant under penalty
is
I of perjury.
2 b. Advance Deposit Hardship Waiver.
3 1. Any person filing a Notice of Appeal to contest an administrative
4 civil penalty and who is financially unable to make the advance
5 deposit of the penalty as required, may submit a Request For
6 Advance Deposit Hardship Waiver with the Notice of Appeal.
7 2. The Request For Advance Deposit Hardship Waiver shall be filed
8 with the County Department that issued the administrative civil
9 penalty on a form provided by the same County Department. The
10 request shall be documented by a sworn affidavit, together with any
11 supporting documents or materials, demonstrating to the satisfaction
12 of the enforcement officer that the person's actual financial inability
13 to deposit the full amount of the administrative civil penalty in
14 advance of the hearing.
15 3. The requirement of depositing the full amount of the administrative
16 civil penalty shall be stayed for ten (10) calendar days pending a
17 determination by the enforcement officer of the approval or denial of
18 the Request For Advance Deposit Hardship Waiver.
19 4, The enforcement officer shall issue a written determination stating
20 the approval or listing the reasons for the denial of the Request For
21 Advance Deposit Hardship Waiver. The written determination shall
22 be mailed to the appellant at the address provided in the Request.
23 5. If the enforcement officer denies a Request For Advance Deposit
24 Hardship Waiver, the appellant shall remit the deposit to the County
25 within fifteen (15) calendar days of the date of mailing notice of the
26 denial.
27 6. The written determination of the enforcement officer shall be final.
28 C. Hearing on Appeal of Administrative Civil Penalty. Upon receipt of a
19
I timely filed Notice of Appeal of an Administrative Civil Penalty, an appeal
2 hearing to consider the issuance of the administrative civil penalty shall be
3 held before the County Hearing Officer, appointed by the Board of
4 Supervisors pursuant to Ordinance No. 643 and Government Code section
5 27720. The appeal hearing shall be conducted pursuant to the provisions set
6 forth in section 8 of this ordinance.
7 d. County Hearing Officer's Decision. The County Hearing Officer shall issue
8 a written decision following the appeal hearing, which shall be issued to the
9 appellant at the appellant's address set forth in the Notice of Appeal. If the
10 administrative civil penalty is determined to have been valid at the time of
II its issuance, the County Hearing Officer shall set the penalty amount
12 pursuant to section 16 of this ordinance, and order said penalties to be paid
13 within fifteen (15) calendar days of issuance of the County Hearing
14 Officer's decision. The County Hearing Officer is authorized to order the
15 penalties to be placed as a recorded lien against the premises subject to the
16 administrative civil penalty and authorize the penalties to be placed as a
17 Special Assessment on the County Tax Assessment Roll to be paid with
18 County taxes, unless paid sooner. The County Hearing Officer's decision
19 shall contain instructions for obtaining judicial review of the decision as set
20 forth below.
21 e. Judicial Review of Administrative Hearing Officer's Decision On
22 Administrative Civil Penalty.
23 1. Notice of Appeal of the Administrative Hearing Officer's Decision.
24 Within twenty (20) calendar days of the date of issuance of the final
25 decision, the appellant may contest an Administrative Hearing
26 Officer's decision by filing an appeal in the Riverside County
27 Superior Court. The fee for filing the appeal is specified in
28 Government Code section 70615 (currently$25.00) and shall be
20
I paid to the Clerk of the Court. The failure to file the written appeal
2 and to pay the filing fee within this period shall constitute a waiver
3 of the right to an appeal and the decision shall be deemed final and
4 confirmed. A copy of the Notice of Appeal of the Administrative
5 Hearing Officer's Decision filed in the Riverside County Superior
6 Court shall be served in person or by first class mail upon the
7 County Department that issued the administrative civil penalty by
8 the appellant.
9 2. Conduct of Hearing. The conduct of the appeal hearing is a
10 subordinate judicial duty and may be performed by traffic trial
11 commissioners and other subordinate judicial officials at the
12 direction of the Presiding Judge of the Riverside County Superior
13 Court. The appeal shall be heard de novo, and the contents of the file
14 of the County Department that issued the administrative civil
15 penalty shall be received into evidence. A copy of the Notice of
16 Violation, administrative civil penalty and Hearing Officer's
17 Decision shall be admitted into evidence as prima facie evidence of
18 the facts stated therein. The Court shall request that the County
19 Department's file be forwarded to the Court, to be received within
20 fifteen (15) calendar days of the request.
21 3. Judgment. The Court shall retain the fee for filing the appeal
22 regardless of the outcome of the appeal. If the Court finds in favor
23 of the appellant, the amount of the fee shall be reimbursed to the
24 appellant by the County in accordance with the judgment of the
25 Court. If the penalty has not been deposited and the decision of the
26 Court is against the appellant, the County Department that issued the
27 administrative civil penalty may proceed to collect the penalty
28 pursuant to the abatement cost recovery procedures set forth in this
21
I ordinance.
2 Section 18. COLLECTION OF ADMINISTRATIVE CIVIL PENALTIES WHEN NO
3 APPEAL HEARING IS REQUESTED.
4 a. If the administrative civil penalty are not timely paid and no Notice of
5 Appeal is filed by the date set forth on the administrative civil penalty then
6 additional costs shall be assessed by the enforcement officer to recover
7 administrative costs. These administrative costs include, but are not limited
8 to costs of obtaining a title report, recording fees, noticing, scheduling and
9 participating in further hearings, reasonable attorneys' fees, collection
10 activities or other costs incurred to recover the administrative civil
1 1 penalties.
12 b. A "Notice Of Delinquent Administrative Civil Penalties and Special "fax
13 Assessment" shall be issued to the owner of the premises and other
14 responsible party who received the administrative civil penalty in the same
15 manner as set forth in section 16 of this ordinance. Said notice shall
16 provide an opportunity to request a hearing regarding only the amount of
17 penalties to be assessed as a special tax assessment. The request for hearing
18 shall be submitted to the County Department issuing the administrative civil
19 penalty within twenty (20) calendar days of issuance of the Notice of
20 Delinquent Administrative Civil Penalties and Special Tax Assessment and
21 shall include the proper form to be used to request a hearing. Any hearing
22 set pursuant to this subsection shall be conducted by the County Hearing
23 Officer. If a request for hearing is not timely or properly submitted, the
24 right to a hearing concerning the amount of penalties assessed shall be
25 considered waived.
26 Section 19. ENFORCEMENT BY CIVIL ACTION. As an alternative to the procedures set
27 forth in sections 5 through 8, the County may abate a violation of this ordinance by the prosecution of a
28 civil action through the Office of County Counsel, including an action for injunctive relief. The remedy of
22
1 injunctive relief may take the form of a court order, enforceable through civil contempt proceedings or
2 receivership, prohibiting the maintenance of the violation of this ordinance or requiring compliance with
3 other terms.
4 Section 20. OTHER NUISANCE. Nothing in this ordinance shall be construed as a
5 limitation on the County's authority to abate any nuisance which may otherwise exist from the planting,
6 growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any
7 location, indoor or outdoor, including from within a fully enclosed and secure building.
8 Section 21. TREBLE DAMAGES. Upon a second or subsequent civil or criminal judgment
9 for violation of this ordinance within a two-year period, a violator shall be liable to the County for treble
10 the abatement costs, in accordance with Government Code section 25845.5,
11 Section 22, MISDEMEANOR PENALTY. Any person violating any provision of this
12 ordinance shall be guilty of a misdemeanor.
13 Section 23. NON-EXCLUSIVE REMEDIES AND PENALTIES. All remedies and
14 penalties for the abatement of public nuisances provided for in this ordinance shall be cumulative and not
15 exclusive. Enforcement by use of any administrative, criminal or civil action, citation or administrative
16 proceeding or abatement remedy does not preclude the use of additional citations or other remedies as
17 authorized by other ordinance or law. Enforcement remedies may be employed concurrently or
18 consecutively. Conviction and punishment of or enforcement against any person hereunder shall not
19 relieve such person from the responsibility of correcting, removing or abating a violation, nor prevent the
20 enforced correction, removal or abatement thereof. Each and every day, or any portion thereof, during
21 which any violation of this ordinance is committed, continued, or permitted by such person, shall be
22 deemed a separate and distinct offense.
23 Section 24. SEVERABILITY. If any provision, clause, sentence or paragraph of this
24 ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity
25 shall not affect the other provisions of this ordinance which can be given effect without the invalid
26 provision or application, and to this end, the provisions of this ordinance are hereby declared to be
27 severable.
28
23
I Section 25. EFFECTIVE DATE. This ordinance shall take effect thirty (30) calendar
2 days after its adoption.
3
4 BOARD OF SUPERVISORS OF THE COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA
5
6 By:
7 Chairman
8 ATTEST:
9 CLERK OF THE BOARD
10
11 By:
12 Deputy
13
14 (SEAL)
15
16 APPROVED AS TO FORM
17
18 I� (40 ,2015
19 n _
20 By: 4' i-'c.ULi
21 4� `A4 N. NO TH
22 Deputy County Counsel
23 GAProperty\TNorth\RCO No 348\,..Marijuana\RCo No 925 re marijuana cultivation Final.doc
24
25
26
27
28
24
PLANNING COMMISSION
MINUTE ORDER
APRIL 15, 2015
PLANNING�DEPARTMFNT
I. AGENDA ITEM 4.6
RIVERSIDE COUNTY ORDINANCE NO. 925 AND RIVERSIDE COUNTY ORDINANCE NO.
348.4802
II. PROJECT DESCRIPTION:
Marijuana Cultivation Ordinance.
III. MEETING SUMMARY:
The following staff presented the subject proposal:
Presented by: Tiffany North, Deputy County Counsel
• Barry Sheinbaum, Nuevo, did not speak, but is in favor of the ordinance,
• Douglas Lanphere, Interested party, spoke in a neutral position,
• Alex Franco, Interested Party, spoke in opposition.
IV. CONTROVERSIAL ISSUES:
None.
V. PLANNING COMMISSION ACTION:
Public Comments: Closed
Motion by Commissioner Leach, 2A' by Commissioner Hake
A vote of 5-0
RECOMMENDS THAT THE BOARD OF SUPERVISORS TAKE THE FOLLOWINGACTlONS.
FIND THE ORDINANCE EXEMP FROM CEQA; and,
ADOPT ORDINANCE NO. 348-4802.
CD The entire discussion of this agenda item can be found on CD. For a copy of the CD, please
contact Mary Stark, TLMA Commission Secretary, at (951) 955-7436 or email at
mcstarkCnlrctlma.org.
Agenda Item No.: 4 6 Ordinance No. 348.4802
Area Plan: Countywide CEQA Exempt
Zoning: All Zoning Areas and Zones Applicant. County of Riverside
Supervisorlal District: All Districts
Planning Commission:
April 16, 2015
Steve Weiss,AICP
Planning Director
COUNTY OF RIVERSIDE PLANNING DEPARTMENT
STAFF REPORT
PROJECT DESCRIPTION AND LOCATION:
Ordinance No. 348.4802
Pursuant to the Board of Supervisors' direction, Ordinance No. 348.4802 adds new provisions to
Ordinance No. 348 (Section 3.4) clarifying that cultivation of marijuana is prohibited In all zone
classifications throughout the unincorporated area of the County and that no permit of any type shall be
issued for marijuana cultivation. Ordinance No. 348.4802 further provides that there shall be a limited
exemption from enforcement for violations of the ordinance for marijuana cultivation in the following
zone classifications in conjunction with a one-family dwelling if such marijuana cultivation compiles with
the conditions and standards set forth in a separate nuisance ordinance, Ordinance No. 925: Light
Agriculture (A-1), Heavy Agriculture (A-2), Light Agriculture with Poultry (A-P), Citrus Vineyard (C11n,
Natural Assets (N-A), One-Family Dwellings (R-1), One-Family Dwellings Mountain Resort (R-1A),
Multiple-Family Dwellings (R-2), Limlted Multiple-Family Dwellings (R-2A), General Residential (R-3),
Village Tourist Residential (R-3A), Planned Residential (R-4), Residential Incentive (R-6), Residential
Agricultural (R-A), Regulated Development (R-D), Rural Residential (R-R), Mobile Home Subdivisions
and Mobile Home Parks (R-T), Mobile Home Subdivision Rural (R-T-R), Controlled Development Areas
(W-2), Controlled Development Area with Mobile Homes (W-2-M), Wine Country — Winery (WC-W),
Wine Country — Winery Existing (WC-WE), Wine Country — Equestrian (WC-E), Wine Country —
Residential (WC—R), and Specific Plan (SP) when the underlying zone classification for that particular
SP is one of the other zone classifications identified above.
Ordinance No. 348.4802 also amends Section 3.3 of Ordinance No. 348 to state that any use that is
Illegal under State or Federal law is not allowed under Ordinance No. 348. Additionally, Ordinance No.
348.4802 adds the previously adopted Wine Country zoning classifications to the Ilst of zones set forth
in Section 3.1 of Ordinance No. 348,
BACKGROUND:
On October 17, 2006 (agenda item 3.54), the Board of Supervisors adopted Ordinance No. 348.4423
making It clear that marijuana dispensaries are prohibited throughout the unincorporated area of the
County. That language was previously In Section 3.3 of Ordinance No. 348 but Is being moved to
Section 3.4 under Ordinance No. 348.4802. Since 2006, the California Supreme Court has held that
Callfomla's medical marijuana laws set forth in the Compassionate Use Act (CUA) and the Medlcal
Marijuana Program Act (MMPA) do not preempt `the authority of California titles and counties, under
their traditional land use and police powers, to allow restrict, limit, or entirely exclude facilities that
distribute medical marijuana, and to enforce such policies by nuisance actions." city of Riverside Y.
Inland Empire Patients Health & Wellness Center, 56 Cal.4th 729, 762-83(May 2013).
Ordinance No. 348.4802
PC Staff Report:April 15,2016
Page 2 of 5
The courts have applied similar reasoning in upholding various local government regulations or
prohibitions of marijuana cu4ivation. For example, the Fifth District appellate court found that the CUA
and MMPA do not require Tulare County to define growing marijuana as an acceptable agricultural use
of land. County of Tulare v. Nunes, 215 Cal.App.4th 1188 (2013). Also, the Third District appellate
court found the MMPA and the "Drug Den" abatement law, Health & Safety Code §11570 did not
preempt Tehama County's orainance declaring that any cultivation of marijuana not in accordance with
Its provisions was a nuisance that could be abated. Broome v. County of Tehama, 213 Cal.AppAlh 704
(Feb. 2013). Most recently, in Moral v. City of Live Oak, 221 Cal.AppAth 975 (Nov. 2013)(review denied
March 26, 2014). an opinion issued after the Inland Empire decision, the Third District appellate court
expanded its earlier opinion addressing cultivation and held:
The reasoning of Inland Empire applies to the cultivation of medical marijuana as well as
its distribution, as both are addressed in the CUA and MMP. Accordingly, we conclude
the CUA and MMP do not preempt a city's police power to prohibit the cultivation
of all marijuana within that city, Moral, L at 976. (Emphasis added,)
Though the Inland Empire and Moral decisions both dealt with city ordinances, the decisions are also
applicable to counties.
On November 25, 2014, the Board of Supervisors approved agenda item 3.1 directing staff to prepare
an amendment to Ordinance No. 348 clarifying that cultivation of marijuana is expressly prohibited in all
zones in the County with limited exemptions from enforcement for medical marijuana cultivation under
specified conditions and standards in certain identified zones. Per the Board's direction, the specified
conditions and standards under which the cultivation of medical marijuana would be exempted from
enforcement would be set forth in a new separate ordinance (Ordinance No. 925).A copy of the Board's
November 25, 2014 agenda item Is attached to this staff report for reference.
A draft of proposed Ordinance No. 925, an Ordinance of the County of Riverside Prohibiting Marijuana
Cultivation and Declaring Marijuana Cultivation to be a Nuisance, is attached to this staff report for
informational purposes only. Proposed Ordinance No. 925, declares marijuana cultivation, either indoors
or outdoors, upon any premises within all unincorporated areas to be prohibited and a public nuisance
subject to abatement and administrative civil penalties. As directed by the Board, proposed Ordinance
No. 925 states that the County is committed to making efficient and rational use of its limited
investigative and prosecutorial resources and that there shell be a limited exemption from enforcement
for violations of Ordinance No. 925 by primary caregivers and qualified patients for small amounts of
marijuana cultivation for their own medical use in zone classifications identified Section 3A of Ordinance
No. 348 when all of the following conditions and standards are complied with:
1. The premises shall contain a legally permitted one-family dwelling.
2. Cultivation of no more than twelve(12) marijuana plants per qualified patient.
31 Two (2) qualified patient limit to aggregate marijuana plant count for a maximum total of
twenty-four(24)marijuana plants per premises.
4. At least one qualified patient or one primary caregiver must live on the premises.
5. All marijuana plants must be reasonably secured to prevent access by minors or theft, to
a standard satisfactory to the enforcement officer.
6. All marijuana cultivation outside of any building must be fully enclosed by an opaque
fence at least six feet in height. The fence must be adequately secure to prevent
unauthorized entry. Bushes, hedgerows, plastic sheeting, or cloth material (tarps) shall
not constitute an adequate fence.
Ordinance No. 348.4802
PC Staff Report: April 16, 2015
Page 3 of 5
7. Each building or outdoor area in which the marijuana plants are cultivated shall be set
beck at least ten (10) feet from all boundaries of the premises. Such setback distance
shall be measured in a straight line from the building in which the marijuana plants are
cultivated, or, if the marijuana plants are cultivated in an outdoor area, from the fence
required by number 6 above to the boundary line of the premises,
8. The designated marijuana cultivation area must not be visible from any public right-of-
way.
9. If the person cultivating marijuana plants on any premises is not the owner of the
premises, such person shall submit a notarized letter from the owner(s) consenting to the
marijuana cultivation on the parcel. This letter shall be examined by the enforcement
officer, and shall then be returned to the submitter. The County shall prescribe forms for
such letters.
10. Convicted felons, parolees or probatloners shall not live on the premises.
11, Qualified patients for whom the marijuana plants are being cultivated shall have valid
Medical Marijuana Identification Cards issued by the Riverside County Department of
Public Health,
12, The address for the premises must be posted and plainly visible from the public right-of-
way.
13. The marijuana cultivation shall not be within a multi-dwelling building.
14. The marijuana cultivation shall not be upon any premises located within one thousand
(1,000) feet of any school, school bus stop, school evacuation site, church, park, child
care center, or youth-oriented facility.
Under proposed Ordinance No. 925, any marijuana cultivation that does not comply with all of the above
standards and conditions shall be subject to nuisance abatement enforcement and administrative civil
penalties.
Per the Board's direction, proposed ordinances 348.4802 and 925 are not intended as, and should not
be construed as, a legalization of marijuana under any circumstances but are an attempt to prioritize the
County's civil abatement, prosecutorial and public safety resources with regard to marijuana cultivation.
Under no circumstances will the County issue any types of land use permits or entitlements authorizing
marijuana cultivation.
As stated above, the draft of proposed Ordinance No, 925 is being provided to the Planning
Commission for informational purposes only. Consistent with Government Code sections 65850 and
65853 through 65855, the Planning Commission can only make a recommendation to the Board of
Supervisors on Ordinance No. 348,4802. The Planning Commission will not be taking action on
Ordinance No. 925 which will be brought to the Board of Supervisors for the Board's consideration and
action at a publicly noticed meeting at a later date.
RECOMMENDATIONS:
THE PLANNING COMMISSION RECOMMENDS THAT THE BOARD OF SUPERVISORS TAKE THE
FOLLOWING ACTIONS:
FIND that the proposed amendment is exempt from CEQA pursuant to CEQA Guidelines section
15061(b)(3)and 15308.
ADOPT ORDINANCE NO, 348.4802 based upon the findings and conclusions incorporated In the staff
report.
Ordinance No. 348.4802
PC Staff Report: April 16, 2016
Page 4 of 6
FINDINGS:
1. The proposed amendment applies to all unincorporated areas of Riverside County.
2. The proposed amendment does not alter or change any of the permitted land uses in the County.
No new land uses are being authorized or permitted by the proposed amendment.
3. The proposed amendment does not authorize the County to issue any types of land use permits
or entitlements for marijuana cultivation.
4. Marijuana cultivation In the unincorporated area of Riverside County can adversely affect the
health, safety, and well-being of County residents. Countywide prohibition of marijuana
cultivation is proper and necessary to avoid the risks of criminal activity, degradation of the
natural environment, malodorous smells, and indoor electrical fire hazards that may result from
unregulated marijuana cultivation. As recognized by the Attorney General's August 2008
Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, marijuana
cultivation or other concentration of marijuana in any location or premises without adequate
security increases the risk that surrounding homes or businesses may be negatively impacted by
nuisance activity such as loitering or crime.
5. The proposed ordinance amendment Is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because It
can be seen with certainty that there Is no possibility that the activity in question may have a
significant effect on the environment Ordinance No, 348 is a prohibitive zoning ordinance, If a
use is not listed in the ordinance, it is prohibited. Marijuana cultivation has never been listed as a
use In Ordinance No. 348. The proposed amendment further clarifies that marijuana cultivation is
not a permitted use under Ordinance No, 348. The proposed amendment also clarifies that any
use that is illegal under State or Federal law is not allowed under Ordinance No. 348. No new
land disturbance or development projects are associated with this ordinance amendment and It
does not commit the County to approve any new land disturbance or development. In addition,
the proposed amendment is also exempt from CEQA under CEQA Guidelines section 15308 —
Actions taken by Regulatory Agencies for Protection of the Environment. The proposed
amendment Is being done to make clear that marijuana cultivation is prohibited and that W uses
illegal under State and Federal law are also not allowed under Ordinance No. 348. Proposed
Ordinance No. 925 sets forth the enforcement structure for violations of the ordinance with regard
to marijuana cultivation,
CONCLUSIONS:
1. The proposed ordinance amendment in conformance with the Land Use Designations of the
unincorporated area of Riverside County, and with all other elements of the Riverside County
General Plan. As stated above, Ordinance No. 348.4802 does alter or change any of the
permitted land uses in the County. No new land uses are being authorized or permitted by the
proposed amendment.
2. The proposed ordinance amendment is consistent with the zone cfasslflcations of Ordinance No.
348, and with all other applicable provisions of Ordinance No. 348,
3. The public's health, safety, and general welfare are protected through this ordinance amendment.
Ordinance No. 348,4802
PC Staff Report. April 15, 2015
Page 5 of 5
4. The proposed project wlll not have a significant effect on the environment,
INFORMATIONAL 1TEI1 S:
1, As of this writing, no letters, in support or opposition have been received.
2. The amendment covers all properties and parcels within the unincorporated areas of Riverside
County.
G:\Prop9"TNorMRC0 No 34&...MamuanaWlanning Staff Report.doa
l
SUBMITTAL TO THE BOARD OF SUPERVISORS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FROM: Supervisor Kevin Jeffries and Supervisor Jeff Stone SUBMITTAL DA
November 25, 201
SUBJECT: Report on Status of Amendment to Ordinance No. 348 Prohibiting the Cultivation of
Marijuana with Limited Exemption and Initiation of an Ordinance Establishing the.Conditions and
Standards for a Limited Exemption from Enforcement of the County's Prohibition on Marijuana Cultivption
for Registered Medical Marijuana Patients,
RECOMMENDED MOTION: That the Board of Supervisors:
1. Receive and file this report on the status of an amendment to Ordinance No. 348 enhanci g the
penalties for the cultivation of marijuana with a limited exemption from enforcement f the
prohibition of cultivation for registered medical marijuana patients.
2. Adopt an order initiating a new County ordinance that would enhance the penalties on large
scale marijuana cultivation and set forth the conditions and standards for a limited axe ption
from enforcement of the County's prohibition on medical marijuana cultivation for rn lost
g marijuana patients, the framework of which Is broadly set forth in this status report.
3. Direct the Planning Department, County Public Health Officer, Code Enforcement Depa ant
and County Counsel to prepare and process the new ordinance and the amendm nt to
Ordinance No. 348, in consultation with the Sheriff s Department.
0
A
(continued on page 2) yam'
a n Jeffries, ~ Jeff St
First District Supervisor d ins; Supervisor
COST .. . -.. $ is
$,. '-.: k$
NET COUNTY COST $ $ $ $ Consenl❑ ky 0
SOURCE OF FUNDS; Budget Adjus"ont:
For Fiscal Year.
C.E.O, RECOMMENDATION:
Coun Executive Office Signature
MINUTES OF THE BOARD OF SUPERVISORS
` ! On motion of Supervisor Jeffries, seconded by Supervisor.Stone and duly came 1, IT
o j WAS ORDERED that the above matter is approved as recommended,
a 2 Ayes: Jeffries, Stone, Benoit and Ashley
Nays: None Kecla Harper-Ihe
o e ' Absent: Tavaglione Cie t
Date: November 25, 2014 By:
xC: Supvr, Jeffries, Supvr. Stone, Co.Co.,Auditor , Planning epu
Public Health, Code Enforce., Sheriff
� a
o 0 Prev. Agn, Ref.: 3.7 of 7t29i14; 3-2 Dlatricti ALL Agenda Number:
of 9123114 3
s
1
FORM 11: Report on Status of Amendment to Ordinance No. 348 Prohibiting the Cultivation of
Marijuana with Limited Exemption and Initiation of an Ordinance Establishing the Conditions ar d
Standards for a Limited Exemption from Enforcement of the County's Prohibition
DATE: [DATE]
PAGE: 2 of 3
BACKGROUND:
On Jury 29, 2014, in Agenda Item 3-1. the Board adopted an order to initlate an amendment to Ordinance No.
348 and set for public hearing Interim Ordinance No. 449.247 enhancing the penalties for the cultivation of
marijuana with varying penalty amounts based upon the number of marijuana plants. During the Bo rd's
discussion of the agenda item, the majority of the Board stressed that they were focused on commercial, la ge-
scale marijuana grows and wanted to direct public safety resources toward enforcement against such
commercial, large-scale marijuana operations. Board members commented that they did not want Co my
resources used to prosecute registered medical marijuana patients growing small amounts of marijuana for
their own medicinal use, The Board further agreed to have Supervisors Stone and Jeffries work to refint the
interim ordinance, based on the comments of the Board, before it came back for a public hearing.
Instead of adopting an Interim ordinance that would have only been a temporary fix, it is now recommer red
that the Board move forward with an amendment to Ordinance No, 348, the County's zoning ordinance. The
amendment will clarify that cultivation of marijuana is expressly prohibited in all zones in the County h
limited exemptions from enforcement for medical marijuana cultivation under specified conditions :and
standards in certain Identified zones. The specified conditions and standards under which the cultivatioqn of
medical marijuana would be exempted from enforcement would be set forth in a new separate ordinance.
Those cultivating marijuana outside of this exemption would be subject to increased penalties and removal of
plants based on the number of illegal plants possessed by the grower.
Marijuana remains an illegal substance under the Federal Controlled Substances Act and continues be
classified as a Schedule 1 Drug, making It unlawful under federal law to cultivate, manufacture, disc ute,
dispense or transport marijuana. The proposed actions outlined in this agenda item are not intended as, and
should not be construed as, a legalization of marijuana under any circumstances but are an attem t to
prioritize the County's civil abatement, prosecutorial and public safety resources. Specifically, it is
recommended that the new ordinance make clear that registered medical marijuana patients, and their
caregivers, would be exempt from enforcement of County ordinances with regard to small amouns of
marijuana cultivation for their own medicinal use only under the following conditions and standards:
1. Twelve (12)plant limit per patient.
2. Two (2) patient limit to aggregate plant count for a maximum total of twenty-four (24) plant per
parcel.
3. At least one patient or registered caregiver must live on the parcel.
4. Marijuana must be reasonably secured to prevent access by minors or theft.
5. The grow area must have a minimum setback from the property boundary of ten (10) feet am fifty
(50)feet from an adjacent residential structure.
6. The designated grow area must not be visible from any public right-of-way.
7. If renting,the tenant must have consent of the property owner for cultivation of marijuana.
8. Convicted felons, parolees or probationers must not live on the property.
9. Patients for whom the medical marijuana is being grown must have a valid Riverside C my
Medical Marijuana Identification Card.
10. The property address must be posted and plainly visible from the street.
11. Fencing and any other structures used to grow, conceal, or secure medical marijuana plants must
comply with County building standards and codes.
The above list is only a conceptual framework. The ordinance and ordinance amendment preparation pr cess
may result in the need to create further conditions or standards and further refine and define those ' ted
above. Any marijuana cultivation that does not fall with the conditions and standards of the a menl
FORM 11: Report on Status of Amendment to Ordinance No, 348 Prohibiting the Cultivation of
Marijuana with Limited Exemption and Initiation of an Ordinance Establishing the Conditions 4 nd
Standards for a Limited Exemption from Enforcement of the County's Prohibition
DATE: [DATE]
PAGE: 3 of 3
exemption will remain strictly prohibited in the County and will be subject to increased penalties and
enforcement under local, state, and federal laws.
Since the zoning ordinance Is several hundred pages in length and focused on land uses, placin the
conditions and standards for exemption from enforcement for medical marijuana cultivation In a new sep rate
ordinance would make the provisions easily accessible to registered medical marijuana patients. It woul also
allow the Board to have greater flexibility in making amendments to the new separate ordinance to refle any
changes in state and federal law with regard to marijuana. Amendments to the County's land use ordi ante
typically require public hearings before the Planning Commission and the Board of Supervisors under late
law, whereas, amendments to other ordinances normally do not,
As stated in earlier agenda Items on this topic, a collaborative multi-department ordinance planni and
preparation strategy remains recommended. Departments such as the Sheriffs Department, the Pla ning
Department, the County Public Health Officer, the Code Enforcement Department, the District Atter ey's
Office, and the County Counsel's Office will likely each be required to enforce or process some provision f the
ordinances once effective. For this reason, it is crucial that each of these departments be fully involved ring
the ordinance preparation process and that these departments make this a priority.
In accordance with Government Code section 65850 and 65853, any ordinance that regulates the use of land.
such as this amendment to the County's zoning ordinance must be considered first by the Pta fining
Commission. Therefore, once prepared, the amendment to Ordinance No. 348 will be heard at the Pla ning
Commission at a noticed public hearing before being presented to the Board of Supervisors for po sible
adoption. The new separate ordinance will also be presented to the Planning Commission w' the
amendment to Ordinance No. 348 which will afford members of the public the opportunity.to revie and
comment on both before being submitted to the Board for possible final adoption.
Impact on Residents and Businesses j
The proliferation of large-scale marijuana groves Increases the risk of criminal activity, degradation f the
natural environment and often results in illegal electrical and water connections and alterations. Large- tale
marijuana cultivation also creates increased nuisance impacts to neighboring properties. The purpose of fhese
amendments are to provide for greater enforcement against such large-scale marijuana grows with the g al of
Improving'community livability and protecting public health,safety, and welfare, while also recognizing a lifnited
enforcement exemption for small amounts of marijuana cultivated for medicinal uses by registered ical
marijuana patients,
E
NOTICE OF EXEMPTION
To: Office of Planning and Research From: County of Riverside
1400 Tenth Street, Room 121 4080 Lemon Street
Sacramento,CA 95814 Riverside,CA 92501
To: X Office of the County Clerk&Recorder
Project Title: Ordinance Nos.348.4802 and 925 Prohibiting Marijuana Cultivation and Declaring Marijuana Cultivation to
be a Public Nuisance.
Project Location: The unincorporated area of Riverside County.
Project Description: Ordinance Nos. 348,4802 and 925 both address marijuana cultivation in the unincorporated area of
Riverside County. Ordinance No.348,4802 adds new provisions to Ordinance No.348(Section 3.4)clarifying that cultivation
of marijuana is prohibited in all zone classifications throughout the unincorporated area of the County and that no permit of any
type shall be issued for marijuana cultivation.Ordinance No.348.4802 further provides that there shall be a limited exemption
from enforcement for violations of the ordinance for marijuana cultivation in specified zones in conjunction with a onc-family
dwelling if such marijuana cultivation complies with the conditions and standards set forth in a separate nuisance ordinance,
Ordinance No.925. Ordinance No.348.4802 also amends Section 3.3 of Ordinance No.348 to state that any use that is illegal
under State or Federal law is not allowed under Ordinance No.348. Ordinance No.925 declares marijuana cultivation,either
indoors or outdoors, upon any premises within all unincorporated areas to be prohibited and a public nuisance subject to
abatement and administrative civil penalties.Ordinance No.925 contains a limited exemption from enforcement for violations
of the ordinance by primary caregivers and qualified patients for small amounts of marijuana cultivation for their own medical
use in zone classifications identified in Section 3.4 of Ordinance No.348 when the standards and conditions set forth in Section
12 of Ordinance No. 925 are met. Ordinance No. 925 also contains sections regarding abatement of unlawful marijuana
cultivation and appeals hearings,summary abatements,recovery of abatement costs and attorneys' fees,authorization for the
placement of special assessments and liens, treble damages, misdemeanor penalties, and enforcement by civil actions.
Ordinance No.925 allows for administrative civil penalties of up to$1000 per day for violations of the ordinance and contains
sections regarding appeal and judicial review of administrative civil penalties,as well as collection of such penalties.
Name of Public Agency Approving Project: County of Riverside
Name of Person or Agency Carrying Out Project:County of Riverside
Exempt Status:(check one)
O Ministerial
O Declared Emergency
Cl Emergency Project
X Categorical Exemption: CEQA.Guidelines Sec. 15308
O Statutory Exemption:
X Other:(State CEQA Guidelines Sec. 15060(c)(2), 15060(c)(3), 15061(b)(3))
Reasons Why Project is Exempt: Ordinance Nos. 348.4802 and 925 are exempt from the provisions of the California
Environmental Quality Act(CEQA)because the ordinances are not a"project"under CEQA pursuant to CEQA Guidelines
sections 15060(c)(2)and 15060(c)(3)because the activity will not result in a direct or reasonable foreseeable indirect physical
change in the environment and the activity is not a project as defined in CEQA Guidelines section 15378. Additionally,the
ordinances are exempt from CEQA per CEQA Guidelines section 15061(b)(3)because it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment. This determination is an issue of
fact and if sufficient evidence exists in the record that the activity cannot have a significant effect on the environment,then the
exemption applies and no further evaluation under CEQA is required. See Muzzy Ranch Co. v. Solana County Airport Land
Use Comm'n(2007)41 Cal.4a 372. With certainty,there is no possibility that the ordinances may have a significant effect on
the environment.
Pagel of 2
Ordinance No. 348 is a prohibitive zoning ordinance. If a use is not listed in Ordinance No.348,it is prohibited. Marijuana
cultivation has never been listed as a use in Ordinance No. 348. Ordinance No. 348.4902 further clarifies that marijuana
cultivation is not a permitted use under Ordinance No. 348 and that any use that is illegal under State or Federal law is not
allowed tinder Ordinance No.348. No new land disturbance or development projects are associated with these ordinances and
the ordinances do not commit the County to approve any new land disturbance or development. While the ordinances do
recognize an exemption for enforcement for violations of the ordinances,such exemptions are in very limited situations and
would involve qualified patients or primary caregivers growing a small number of marijuana plants at their own existing
residences,no more than 24 plants for two qualified patients,which would be of minimal impact,if any,with no possibility of
such limited situations having a significant effect on the environment. In order to be considered for an exemption from
enforcement under Section I2 of Ordinance No.925,qualified patients for whom the marijuanaplants are being cultivated must
have valid Medical Marijuana Identification Cards issued by the Riverside County Department of Public Health("DoPH").
According to DoPH,approximately 1,728 Medical Marijuana Identification Cards were issued countywide,including all cities
and unincorporated areas, by DoPH from January 1,2013 to date. 625 cards were issued in 2013, 821 cards were issued in
2014, and 282 cards have been issued this year. California Department of Finance provisional population estimates for
Riverside County for 2015 are 2,308,441 people countywide including all cities and 368,823 people in the unincorporated area.
California Department of Finance population estimates for Riverside County for 2014 were 2,280,191 countywide including all
cities and 364,140 people in the unincorporated area. The number of qualified patients with Medical Marijuana Identification
Cards is minimal in comparison to the overall population of the unincorporated area of the County. Therefore,it can be seen
with certainty thatthere is no possibility that the activity in question may have a significant effect on the environment given the
limited number of people that could be eligible for the exemption from enforcement under the ordinances for cultivation of a
small number of marijuana plants at their own existing residences.
Finally, in addition to the foregoing general exemptions, the ordinances are exempt from CEQA under CEQA Guidelines
section 15308—Actions taken by Regulatory Agencies for Protection of the Environment. As set forth in the findings of
Ordinance No.925,large-scale illegal marijuana cultivation degrades the natural environment. The ordinances are being done
to make clear that marijuana cultivation is prohibited and that all uses illegal under State and Federal law are also not allowed
under Ordinance No. 348. Ordinance No. 925, a nuisance abatement ordinance, sets forth the enforcement structure for
violations of the ordinances with regard to marijuana cultivation.
County Contact Person Phone Number
Signature: Title: Date:
For County Clerk's Use Only
Page 2 of 2
Act No. 512
Public Acts of 2012
Approved by the Governor
December 27, 2012
Filed with the Secretary of State
December 28, 2012
EFFECTIVE DATE: April 1, 2013
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Reps. Cavanagh,Constan,Walsh,Hobbs,Liss, Durhal,Horn, Smiley,Rendon,Hovey-Wright,
Haveman, Glardon, Lipton, Bauer, Bledsoe, Outman, Goike, Cotter, Heise, Price, Callton, Agema,
Tyler, Knollenberg, Daley, Dons, Meadows, Kurtz and Jacobsen
ENROLLED HOUSE BILL No. 4851
AN ACT to amend 2008 IL 1, entitled "An initiation of Legislation to allow under state law the medical use of
marihuana; to provide protections for the medical use of marihuana;to provide for a system of registry identification
cards for qualifying patients and primary caregivers;to impose a fee for registry application and renewal; to provide
for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to
provide for affirmative defenses;and to provide for penalties for violations of this act,"by amending sections 3,4,and
8 (MCL 333.26423,333.26424,and 333.26428).
The People of the State of Michigan enact:
3.Definitions.
Sec.3.As used in this act:
(a)"Bona fide physician-patient relationship"means a treatment or counseling relationship between a physician and
patient in which all of the following are present:
(1) The physician has reviewed the patient's relevant medical records and completed a full assessment of the
patient's medical history and current medical condition,including a relevant,in-person,medical evaluation of the patient.
(2) The physician has created and maintained records of the patient's condition in accord with medically accepted
standards.
(3) The physician has a reasonable expectation that he or she will provide follow-up care to the patient to monitor
the efficacy of the use of medical marihuana as a treatment of the patient's debilitating medical condition.
(4)If the patient has given permission,the physician has notified the patient's primary care physician of the patient's
debilitating medical condition and certification for the use of medical marihuana to treat that condition.
(b)"Debilitating medical condition"means 1 or more of the following:
(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome,
hepatitis C,amyotrophic lateral sclerosis,Crohn's disease,agitation of Alzheimer's disease,nail patella,or the treatment
of these conditions.
(2)A chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following:
cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including but not limited to those
characteristic of epilepsy; or severe and persistent muscle spasms,including but not limited to those characteristic of
multiple sclerosis.
(3)Any other medical condition or its treatment approved by the department,as provided for in section 6(k).
(c)"Department"means the department of licensing and regulatory affairs.
(313)
(d)"Enclosed,locked facility"means a closet,room,or other comparable,stationary,and fully enclosed area equipped
with secured locks or other functioning security devices that permit access only by a registered primary caregiver or
registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if
they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from
a permanent structure and are grown within a stationary structure that is enclosed on all sides,except for the base,by
chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored,
attached,or affixed to the ground;located on land that is owned,leased, or rented by either the registered qualifying
patient or a person designated through the departmental registration process as the primary caregiver for the registered
qualifying patient or patients for whom the marihuana plants are grown;and equipped with functioning locks or other
security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who
owns,leases, or rents the property on which the structure is located.Enclosed, locked facility includes a motor vehicle
if both of the following conditions are met:
(1) The vehicle is being used temporarily to transport living marihuana plants from 1 location to another with the
intent to permanently retain those plants at the second location.
(2) An individual is not inside the vehicle unless he or she is either the registered qualifying patient to whom the
living marihuana plants belong or the individual designated through the departmental registration process as the
primary caregiver for the registered qualifying patient.
(e)"Marihuana"means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106.
(f) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery,
transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or
alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating
medical condition.
(g) `Physician" means an individual licensed as a physician under Part 170 of the public health code, 1978 PA 368,
MCL 333.17001 to 333.17084, or an osteopathic physician under Part 175 of the public health code, 1978 PA 368,
MCL 333.17501 to 333.17556.
(h)"Primary caregiver"or"caregiver"means a person who is at least 21 years old and who has agreed to assist with
a patient's medical use of marihuana and who has not been convicted of any felony within the past 10 years and has
never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a
of chapter X of the code of criminal procedure, 1927 PA 175,MCL 770.9a.
(i)"Qualifying patient"or"patient"means a person who has been diagnosed by a physician as having a debilitating
medical condition.
0)"Registry identification card"means a document issued by the department that identifies a person as a registered
qualifying patient or registered primary caregiver.
(k)"Usable marihuana"means the dried leaves and flowers of the marihuana plant,and any mixture or preparation
thereof,but does not include the seeds, stalks, and roots of the plant.
(1)"Visiting qualifying patient"means a patient who is not a resident of this state or who has been a resident of this
state for less than 30 days.
(m) "Written certification"means a document signed by a physician,stating all of the following:
(1)The patient's debilitating medical condition.
(2) The physician has completed a full assessment of the patient's medical history and current medical condition,
including a relevant,in-person, medical evaluation.
(3) In the physicians professional opinion,the patient is likely to receive therapeutic or palliative benefit from the
medical use of marihuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with
the debilitating medical condition.
4.Protections for the Medical Use of Marihuana.
Sec.4.(a)A qualifying patient who has been issued and possesses a registry identification card shall not be subject
to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil
penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical
use of marihuana in accordance with this act,provided that the qualifying patient possesses an amount of marihuana
that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary
caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in
an enclosed,locked facility.Any incidental amount of seeds,stalks,and unusable roots shall also be allowed under state
law and shall not be included in this amount. The privilege from arrest under this subsection applies only if the
qualifying patient presents both his or her registry identification card and a valid driver license or government-issued
identification card that bears a photographic image of the qualifying patient-
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(b) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to
arrest,prosecution,or penalty in any manner, or denied any right or privilege,including but not limited to civil penalty
or disciplinary action by a business or occupational or professional licensing board or bureau,for assisting a qualifying
patient to whom he or she is connected through the department's registration process with the medical use of marihuana
in accordance with this act. The privilege from arrest under this subsection applies only if the primary caregiver
presents both his or her registry identification card and a valid driver license or government-issued identification card
that bears a photographic image of the primary caregiver.This subsection applies only if the primary caregiver possesses
an amount of marihuana that does not exceed:
(1)2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the department's
registration process;and
(2) for each registered qualifying patient who has specified that the primary caregiver will he allowed under state
law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed,locked facility;and
(3)any incidental amount of seeds,stalks,and unusable roots.
(c) A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the
person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and
substantiated.
(d) There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of
marihuana in accordance with this act if the qualifying patient or primary caregiver:
(1)is in possession of a registry identification card;and
(2) is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The
presumption may be rebutted by evidence that conduct related to marihuana was not for the propose of alleviating the
qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in
accordance with this act.
(e) A registered primary caregiver may receive compensation for costs associated with assisting a registered
qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled
substances.
(f)A physician shall not be subject to arrest,prosecution,or penalty in any manner,or denied any right or privilege,
including but not limited to civil penalty or disciplinary action by the Michigan board of medicine,the Michigan board
of osteopathic medicine and surgery, or any other business or occupational or professional licensing board or bureau,
solely for providing written certifications, in the course of a bona fide physician-patient relationship and after the
physician has completed a full assessment of the qualifying patient's medical history, or for otherwise stating that, in
the physician's professional opinion,a patient is likely to receive therapeutic or palliative benefit from the medical use
of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms associated with
the serious or debilitating medical condition, provided that nothing shall prevent a professional licensing board from
sanctioning a physician for failing to properly evaluate a patient's medical condition or otherwise violating the standard
of care for evaluating medical conditions.
(g) A person shall not be subject to arrest, prosecution, or penalty in any manner,or denied any right or privilege,
including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing
board or bureau, for providing a registered qualifying patient or a registered primary caregiver with marihuana
paraphernalia for purposes of a qualifying patient's medical use of marihuana.
(h)Any marihuana, marihuana paraphernalia,or licit property that is possessed,owned,or used in connection with
the medical use of marihuana,as allowed under this act, or acts incidental to such use,shall not be seized or forfeited.
(i)A person shall not be subject to arrest,prosecution, or penalty in any manner, or denied any right or privilege,
including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing
board or bureau,solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act,
or for assisting a registered qualifying patient with using or administering marihuana.
(j)A registry identification card,or its equivalent,that is issued under the laws of another state,district,territory,
commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting
qualifying patient,or to allow a person to assist with a visiting qualifying patient's medical use of marihuana,shall have
the same force and effect as a registry identification card issued by the department.
(k) Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not
allowed to use marihuana for medical purposes under this act shall have his or her registry identification card revoked
and is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than$2,000.00, or
both,in addition to any other penalties for the distribution of marihuana.
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8.Affirmative Defense and Dismissal for Medical Marihuana.
Sec. 8. (a) Except as provided in section 7(b), a patient and a patient's primary caregiver, if any, may assert the
medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be
presumed valid where the evidence shows that:
(1)A physician has stated that, in the physician's professional opinion,after having completed a full assessment of
the patient's medical history and current medical condition made in the course of a bona fide physician-patient
relationship,the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat
or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating
medical condition;
(2)The patient and the patient's primary caregiver,if any,were collectively in possession of a quantity of marihuana
that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose
of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or
debilitating medical condition;and
(3) The patient and the patient's primary caregiver,if any, were engaged in the acquisition,possession,cultivation,
manufacture, use, delivery, transfer,or transportation of marihuana or paraphernalia relating to the use of marihuana
to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or
debilitating medical condition.
(b)A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be
dismissed following an evidentiary hearing where the person shows the elements listed in subsection(a)-
(c) If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana
pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the
patient's medical use of marihuana:
(1)disciplinary action by a business or occupational or professional licensing board or bureau;or
(2)forfeiture of any interest in or right to property.
Enacting section 1.This amendatory act takes effect April 1,2013.
This act is ordered to take immediate effect.
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Clerk of the House of Representatives
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Secretary of the Senate
Approved
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Governor
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