A. 
It is the purpose and intent of this chapter to regulate the cultivation of cannabis in a manner that is consistent with State and Federal law and which promotes the health, safety, and general welfare of the residents and businesses within the unincorporated territory of the County of Sacramento and prevents adverse impacts which such activities may have on nearby properties and residents, without interfering with any rights qualified patients and their primary caregivers may have under State law.
B. 
The Board of Supervisors finds that the illegal cultivation of cannabis in the unincorporated area of Sacramento County can adversely affect the health, safety and well-being of the County and its residents. Illegal cannabis cultivation presents a real and imminent threat to the public health, safety, and welfare. The unregulated cultivation of a large number of cannabis plants on any property substantially increases the risk of violent criminal activity. Crimes such as home invasion robbery, burglary, assault, and homicide occur substantially more frequently on and around properties where cannabis is illegally grown. Cannabis that is grown indoors may require excessive use of electricity which may overload standard electrical systems, thereby creating an unreasonable risk of fire. An unreasonable risk of fire and pollution is also created when indoor grow lighting systems are powered by diesel generators as the improper maintenance of generators and fuel lines and the improper storage and disposal of diesel fuel and waste oil is hazardous. Further, the excessive use of electricity may also result in substantial increases in Greenhouse Gas (GHG) emissions, thereby undermining the County of Sacramento's efforts to reduce GHGs and comply with Assembly Bill 32 and Senate Bill 375. Cannabis cultivation also creates increased nuisance impacts to neighboring properties because the hazardous wastes and solvents used in illegal cultivation, and strong, malodorous, and potentially noxious odors which come from the plants compromise the health and safety of nearby residents. Further, unregulated indoor cultivation of cannabis in or near residential zones increases the risk of such activity and intrudes upon residential uses.
C. 
The Control, Regulation and Tax Adult Use of Marijuana Act ("AUMA") was approved by California voters on November 8, 2016, and became effective the next day. AUMA legalizes the possession, use, and cultivation of limited quantities of non-medical cannabis for those who are 21 years of age or older. AUMA allows for the cultivation of up to six cannabis plants in or upon the grounds of a private residence. The plants and any cannabis produced by the plants in excess of 28.5 grams must: (1) be kept either within the private residence, or upon the grounds of the private residence; (2) be kept in a locked space; and (3) not be visible by normal unaided vision from a public place.
D. 
On June 27 2017, the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) was enacted to implement AUMA and reconcile it with existing cannabis law in California.
E. 
Cannabis remains an illegal substance under the Federal Controlled Substances Act (21 USC §§ 801 et seq.) and it is classified as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under Federal law, for any person to cultivate, manufacture, distribute or dispense, transport, or possess with intent to manufacture, distribute or dispense, cannabis. The Federal Controlled Substances Act does not exempt the cultivation, manufacture, distribution, dispensation, transportation, or possession of cannabis for medical purposes.
F. 
Pursuant to the County of Sacramento's police powers authorized in Article XI, Section 7 of the California Constitution, as well as under the County Code, the County has the power to regulate permissible land uses throughout the County and to enact regulations for the preservation of public health, safety and welfare of its residents and community. Further, pursuant to Government Code Section 25845, the County has the power through the Board of Supervisors to declare actions and activities that constitute a public nuisance.
G. 
It is the purpose and intent of the Board of Supervisors to implement State law by regulating the cultivation of cannabis and creating a strong and effective enforcement system to protect the health, safety, and welfare of County residents. This chapter prohibits the cultivation of cannabis anywhere in the County, unless in a private residence in accordance with the provisions of this chapter. A violation of this prohibition is subject to increased administrative penalties in recognition of the high value of cannabis plants, which can be several thousands of dollars each, and the desired punitive effect required to deter future violations.
H. 
The regulations in this chapter do not interfere with any person's right to obtain and use cannabis as authorized under State law, nor do they criminalize the possession of cannabis. It is neither the intent nor the effect of this chapter to condone or legitimize the illegal use, consumption, or cultivation of cannabis under Federal, State, or local law.
I. 
The Board of Supervisors finds that State law does not preempt the County's exercise of its traditional police powers in enacting land use regulations, such as the reasonable regulations within this ordinance, for preservation of public health, safety and welfare, by regulating the cultivation of cannabis within the County.
(SCC 1561 § 1, 2014; SCC 1609 § 4, 2017; SCC 1637 § 4, 2019)
The provisions of this chapter shall apply generally to all property throughout the unincorporated territory of the County of Sacramento wherein any of the conditions herein specified are found to exist. However, nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution under State law.
(SCC 1561 § 1, 2014; SCC 1609 § 5, 2017; SCC 1637 § 5, 2019)
The Sheriff, or the Sheriff's designee and/or the Director of Development & Code Services, or the Director's designee, are charged with the responsibility of administering this chapter and exercising the authority conferred thereby.
(SCC 1561 § 1, 2014; SCC 1609 § 6, 2017)
For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not defined in this chapter, the common and ordinary meaning of the word shall apply. All citations to State law shall refer to the act, statute, or regulations as may be amended from time to time.
A. 
"Cannabis" shall have the same meaning as set forth in Health and Safety Code section 11018, and as defined in Business and Professions Code section 26001.
B. 
"Cultivation" shall have the same meaning as that set forth in Business and Professions Code section 26001, and shall include any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
C. 
"Fully enclosed and secure structure" means a space within a building that complies with the California Building Code, as adopted by the County, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as two-inch by four-inch nominal or thicker studs overlain with three-eighths-inch or thicker plywood or equivalent materials. The cultivation of cannabis which occurs in a greenhouse, hoophouse, or similar structure is considered "outdoor" cultivation for purposes of this chapter.
D. 
"Indoors" means within a fully enclosed and secure structure as defined herein.
E. 
"Outdoors" means any location that is not within a fully enclosed and secure structure as defined herein.
F. 
"Private residence" means a permitted house, apartment unit, mobile home, or other similar dwelling, occupied by the cultivator as his/her primary residence.
(SCC 1561 § 1, 2014; SCC 1609 § 6, 2017; SCC 1637 § 6, 2019)
No person owning, leasing, occupying, or having charge or possession of any premises used for residential purposes, shall cause, allow, or permit the cultivation of cannabis on the premises, unless it is conducted in accordance with the following provisions:
A. 
The cultivation occurs within either, but not both: (1) a single room of a private residence; or (2) a fully enclosed and secure structure located upon the grounds of a private residence. The designated cultivation area must be secured by lock and key or other security device which prevents unauthorized entry, is inaccessible to minors, and is not visible from the public right-of-way.
B. 
Regardless of the number of occupants of a private residence, personal cultivation on any parcel is limited to a maximum of six cannabis plants, whether immature or mature.
C. 
Outdoor and commercial cultivation on any parcel is prohibited.
D. 
The cultivation area, including any lighting, plumbing, or electrical components used, comply with Title 16 (Building and Construction) and Title 17 (Fire Prevention) of this Code. The cultivation area must be properly ventilated so as not to create humidity, mold, or other related problems. Lighting shall not exceed 1,000 watts per light. The use of gas products (CO2, butane, etc.) or CO2 and ozone generators for cannabis cultivation is prohibited.
E. 
Cultivation is not conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if the cultivation produces light, glare, heat, noise, odor, or vibration that is or whose effect is either detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life or property; or if cultivation is deemed hazardous due to the use or storage of materials, processes, products, or wastes.
F. 
The primary use of the property remains at all times as a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. No room shall be used for cannabis cultivation where such cultivation will impair or prevent the primary uses of cooking of meals, sleeping, and bathing.
G. 
If the parcel and private residence are not owned by the cultivator, the cultivator must have a legal right to occupy and use the parcel and private residence in order to cultivate cannabis. The cultivator shall obtain written consent of the property owner prior to any cultivation commencing in compliance with this section. Said consent must be evidenced by a signed and notarized statement from the property owner permitting cultivation on the affected parcel and contain a statement to demonstrate that the owner or owners have acknowledged, consented to and granted permission to the cultivator for the cultivation of cannabis in an amount in accordance with this chapter, provided that such cultivation does not violate any existing rental or lease agreement. Nothing in this chapter requires the owner or owners of the parcel and private residence to consent to and allow the cultivation of cannabis by a cultivator. Nothing in this chapter authorizes the cultivation of cannabis in violation of the rules of a homeowners' association, deed restrictions, or other property conditions and covenants. If there is more than one owner of the parcel and private residence, all such owners must have acknowledged, consented to and granted permission to the cultivator for the cultivation of cannabis in an amount in accordance with this chapter, and indicated that such cultivation does not violate any existing rental or lease agreement. The written statement shall be valid for 12 months from the signing of the written statement. If ownership of the parcel or private residence changes during the 12 month period, the cultivator must obtain, within 30 days of the change of ownership, a new permission statement, meeting the criteria set forth herein.
(SCC 1561 § 1, 2014; SCC 1609 § 8, 2017; SCC 1637 § 7, 2019)
A. 
A violation of this chapter is unlawful, and is hereby declared a misdemeanor and a public nuisance.
B. 
In addition to any other remedy allowed by law, any person who violates a provision of this chapter may be subject to criminal sanctions, civil actions, and a nuisance enforcement action pursuant to Title 16, Chapter 16.18 of this code and as indicated in this section.
1. 
Anyone who cultivates an excess of six cannabis plants on any parcel may be subject to an immediate imposition of an administrative penalty of $1,000.00 per plant, per day, for each plant in excess of the number of plants allowed herein.
2. 
A violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements that exists as a result of, or to facilitate, the illegal cultivation of cannabis may be subject to an immediate imposition of an administrative penalty of $1,000.00 per violation, per day, except as otherwise provided for below.
3. 
Penalty imposition may be delayed and a property owner shall be permitted 15 days to correct violations of this chapter if all of the following conditions are met:
a. 
The property where the cultivation is occurring is being rented or leased and a tenant is in possession.
b. 
The property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.
c. 
The property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information provided the property owner or agent with actual notice of the illegal cannabis cultivation.
C. 
Any cannabis cultivation in violation of this chapter is also subject to the California Uniform Controlled Substances Act (Division 10 of the California Health and Safety Code), including the provisions in Chapter 8, (commencing with Section 11469) relating to the seizure, forfeiture, and destruction of property.
D. 
In the event of any conflict between the penalties set forth in this chapter and any penalties set forth in State law, the maximum penalties allowable under State law shall govern.
(SCC 1561 § 1, 2014; SCC 1609 § 9, 2017; SCC 1637 § 8, 2019)
The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.
(SCC 1561 § 1, 2014)