§ 30-10.2. Personal Cultivation of Cannabis.

a.

Purpose. The purpose of this section is to regulate and impose zoning restrictions on the personal cultivation of cannabis for lawful personal use (medicinal or adult-use) incidental to the residential use of the primary residential dwelling pursuant to State law. This section is not intended to interfere with a patient's right to use medical cannabis pursuant to the Compassionate Use Act, as may be amended, nor does it criminalize cannabis possession or cultivation otherwise authorized by State law. This section is not intended to give any person or entity independent legal authority to operate a cannabis business; it is intended simply to regulate and impose zoning restrictions regarding personal cultivation of cannabis in the City of Alameda pursuant to the Alameda Municipal Code and State law.

b.

Authority. The primary responsibility for enforcement of the provisions of this section shall be vested in the Community Development Department and the Chief of Police.

c.

Definitions. For the purpose of this section, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section have the meanings given to them in this section:

1.

Accessory structure shall have the same meaning as set forth in Section 30-5.7 of this chapter.

2.

Cannabis cultivation area , means the maximum dimensions allowed for the growing of cannabis. For indoor cultivation areas, the cannabis cultivation area shall be measured in contiguous square feet using clearly identifiable boundaries of all area(s) that will contain cannabis plants at any point in time, including all of the space(s) within the boundaries, in the primary residential dwelling or permitted accessory structure.

3.

Cultivate or cultivation means any activity involving the planting, growing, harvesting, drying, curing, trimming, or processing of cannabis for personal use.

4.

Primary caregiver shall have the same definition as set forth in California Health and Safety Code Section 11362.7, as that section now appears, or may hereafter be amended or renumbered, but who does not receive remuneration for these activities except for compensation in full compliance with subdivision (c) of Section 11362.765 of the Health and Safety Code.

5.

Primary residential dwelling shall mean the primary residential dwelling of the primary caregiver, qualified patient, or adult twenty-one (21) years of age or older who is eligible to cultivate cannabis for medicinal or adult use in compliance with this section.

6.

Qualified patient shall have the same meaning as a patient that uses or ingests medicinal cannabis as that term is defined in Section 11362.7 of the California Health and Safety Code and who is entitled to the protections of California Health and Safety Code Section 11362.5, as may be amended.

d.

Personal Cultivation of Cannabis.

1.

A qualified patient or primary caregiver shall be allowed to cultivate and process cannabis within his/her primary residential dwelling in compliance with the standards established by subsection (e) of this section and subject to the following limitations:

i.

Any cannabis cultivated is for the exclusive personal use of the qualified patient, and is not provided, sold, distributed, or donated to any other person.

ii.

No more than six (6) living cannabis plants at any one (1) time per qualified patient for medicinal use may be cultivated at any primary residential dwelling.

iii.

In the case of a primary caregiver, the foregoing limit shall apply to each qualified patient on whose behalf the primary caregiver is cultivating, but in no event shall that amount exceed thirty (30) cannabis plants to be cultivated at any primary residential dwelling.

iv.

A copy of documentation of qualified patient status and/or primary caregiver status consistent with the provisions of California Health and Safety Code Section 11362.7 et seq. shall be maintained at the primary residential dwelling, including clear and adequate documentation, where applicable, evidencing that the qualified patient or primary caregiver may possess an amount of cannabis in excess of the limits set forth in the preceding paragraph (i), consistent with the patient's needs.

v.

A qualified patient or primary caregiver shall not participate in medicinal cannabis cultivation in any other property within the City.

2.

An adult person twenty-one (21) years of age or older shall be allowed to cultivate and process cannabis for personal use within his/her primary residential dwelling in compliance with the standards established by subsection (e) of this section and subject to the following limitation:

i.

No more than six (6) living cannabis plants at any one (1) time may be cultivated for adult use within the adult person's primary residential dwelling, regardless of the number persons residing thereon.

3.

Cannabis cultivation is prohibited in the common areas of a multi-unit residential development and in common areas of any commercial or industrial development.

4.

Nothing in this section shall be interpreted to allow a qualified patient or primary caregiver to combine limits for medicinal and adult-use to exceed the limits set forth above.

e.

Standards for Personal Cultivation of Cannabis.

1.

To the extent that the city is required to allow the cultivation of cannabis for personal use and consumption under State law, the standards set forth in this section shall apply. Nothing in this section shall be interpreted to permit cultivation of cannabis for commercial purposes.

i.

Allowed Cultivation Areas. Cannabis may be cultivated in the interior only of the primary residential dwelling, subject to the following limitations:

a)

Cultivation of cannabis plants for personal use must be in full compliance with all the applicable provisions of California law.

b)

Cultivation must occur in one (1) cannabis cultivation area in a single primary residential dwelling.

1)

For an adult person twenty-one (21) years of age or older or a qualified patient, the cultivation area shall be no more than one hundred (100) contiguous square feet.

2)

For primary caregivers, it shall be no more than one hundred (100) contiguous square feet for each qualified patient on whose behalf the primary caregiver is cultivating, but shall in no event be more than five hundred (500) contiguous square feet.

c)

The cannabis cultivation and processing area shall be in compliance with the California Building Code, California Fire Code, and other locally adopted life/safety codes, including requirements for electrical and mechanical ventilation systems.

d)

Interior cultivation and processing areas are restricted to one (1) room of a primary residential dwelling, or within a self-contained outside accessory structure that is secured, locked, and fully enclosed. The accessory structure shall comply with all requirements under section 30-5.7f (Accessory Buildings), and shall not be constructed or covered with plastic or cloth. If located in a garage, the cultivation or processing use shall not result in a reduction of required off-street parking for the residence, as required under Section 30-7.3 of this chapter. The primary residential dwelling shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for personal cannabis cultivation or processing.

e)

Cannabis cultivation and the establishment or use of the cultivation and processing areas cannot cause nonconformity under the Alameda Municipal Code.

ii.

Lighting and Electricity Restrictions.

a)

Any cannabis cultivation lighting shall not exceed one thousand two hundred (1,200) watts unless specifically approved in writing by the Building Official (or designee).

b)

All electrical equipment used in the cultivation or processing of cannabis (e.g., lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired; the use of extension cords to supply power to electrical equipment used in the cultivation or processing of cannabis is prohibited.

iii.

Only cannabis cultivated at the primary residential dwelling in conformance with this section shall be allowed to be processed at the primary residential dwelling.

iv.

Any use of a compressed flammable gas or gas products (CO2, butane, etc.) as a solvent or other volatile solvent in the extraction of THC or other cannabinoids, or cannabis cultivation or processing for personal use is prohibited.

v.

There shall be no exterior evidence, including but not limited to odor, view, or other indication of cannabis cultivation or processing on the property that is perceptible to a person with normal unaided vision standing at the property lines of the subject lot.

vi.

For the convenience of the qualified patient, primary caregiver, or adult person twenty-one (21) years of age or older, to promote building safety, to assist in the enforcement of this section, and to avoid unnecessary confiscation and destruction of cannabis plants and unnecessary law enforcement investigations, persons cultivating cannabis pursuant to this section may notify the City regarding the cultivation site. The names and addresses of persons providing such notice, or of cultivation sites permitted under these regulations shall not be considered a public record under the California Public Records Act or the City of Alameda's Sunshine Ordinance.

vii.

The cannabis cultivation and processing area shall not adversely affect the health or safety of the nearby residents in any manner, including but not limited to by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.

viii.

The cannabis cultivation or processing for personal use shall not adversely affect the health or safety of the occupants of the primary residential dwelling or users of the accessory building in which it is cultivated or processed, or occupants or users of nearby properties in any manner, including but not limited to creation of mold or mildew.

f.

Public Nuisance. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any premises within the City of Alameda to cause or allow such premises to be used for the outdoor or indoor cultivation of cannabis plants, or processing thereof as described herein, or to process, cultivate or allow the cultivation of cannabis plants in any manner that conflicts with the limitations imposed in this section.

g.

Enforcement.

1.

The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity, including the civil and administrative enforcement and penalty provisions for municipal code violations set forth in Chapter I of the Alameda Municipal Code.

2.

Any person who violates any provisions of this section shall be guilty of a misdemeanor, subject to a penalty of imprisonment in the county jail for a period of time not to exceed six (6) months, or by a fine not to exceed the amount set forth in Chapter I of the Alameda Municipal Code, or both, for each violation. Notwithstanding the classification of a violation of this section as a misdemeanor, at the time an action is commenced to enforce the provisions of this section, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.

3.

Any person convicted of an infraction under this section shall be punished pursuant to Chapter I of the Alameda Municipal Code.

4.

The penalties provided for herein shall attach to each violation. For purposes of this section, a violation shall accrue for each day (or portion thereof) of the violation or for each individual item constituting the violation (e.g., cannabis plant).

(Ord. No. 3206 N.S., § 2, 12-19-2017; Ord. No. 3227 N.S., § 1, 11-7-2018)