June 2011 - Lake County Medical Marijuana Cultivation Proposed Ordinance

8/6/2019 June 2011 - Lake County Medical Marijuana Cultivation Proposed Ordinance

http://slidepdf.com/reader/full/june-2011-lake-county-medical-marijuana-cultivation-proposed-ordinance 1/18

June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

BOARD OF SUPERVISORS, COUNTY OF LAKE, STATE OF CALIFORNIA

ORDINANCE NO.__________

AN ORDINANCE AMENDING CHAPTER 21 OF THE ORDINANCE CODE OF THE

COUNTY OF LAKE ADDING ARTICLE 72A: REGULATIONS FOR THE CULTIVATION

OF MEDICAL MARIJUANA

THE BOARD OF SUPERVISORS OF THE COUNTY OF LAKE ORDAINS AS FOLLOWS:

Section 1: Article 72A is hereby added to the Chapter 21 of the Lake County Code and it shall read

as follows:

“ARTICLE 72ASEC. 21-72A REGULATIONS FOR THE CULTIVATION OF MEDICAL MARIJUANA

72A.1 Findings and Purpose:

(a) In 1996, the voters of the State of California approved Proposition 215 (codified as California

Health and Safety Code section 11362.5, and entitled “The Compassionate Use Act of 1996”).

(b) The intent of Proposition 215 was to enable persons who are in need of marijuana for medica

purposes to use it without fear of criminal prosecution under limited, specified circumstances

The Proposition further provides that “nothing in this section shall be construed to supersede

legislation prohibiting persons from engaging in conduct that endangers others, or to condone the

diversion of marijuana for non-medical purposes.” The ballot arguments supporting Proposition

215 expressly acknowledged that “Proposition 215 does not allow unlimited quantities of

marijuana to be grown anywhere.”

(c) In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code

sections 11362.7 et seq.) to clarify the scope of Proposition 215, and to provide qualifying



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

patients and primary caregivers who collectively or cooperatively cultivate marijuana for

medical purposes with a limited defense to certain specified State criminal statutes.

(d) Health and Safety Code section 11362.83 expressly allows Cities and Counties to adopt and

enforce ordinances that are consistent with Senate Bill 420.

(e) The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., classifies marijuana 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 ordispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal

Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution

dispensation, or possession of marijuana for medical purposes.

(f) The County’s geographic and climatic conditions, along with the sparse population in many

areas of the County provide conditions that are favorable to outdoor marijuana cultivation. The

federal Drug Enforcement Administration reports that various types of marijuana plants under

various planting conditions may yield averages of 236 grams, or about one-half pound, to 846

grams, or nearly two pounds. The “street value” of a single Marijuana plant is substantial

Ounce prices for domestically produced high-grade marijuana sold illegally within Northern

California are in the $300 range. A single marijuana plant cultivated within the County can thus

yield between $2,000 and $9,000 in salable marijuana.

(g) Proposition 215 and Senate Bill 420 primarily address the criminal law, providing qualifying

patients and primary caregivers with limited immunity from state criminal prosecution under

certain identified statutes. Neither Proposition 215 nor Senate Bill 420, nor the Attorney

General’s August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Medical Use adopted pursuant to Senate Bill 420, provides comprehensive civil regulation of

premises used for marijuana cultivation. The unregulated cultivation of marijuana in the

unincorporated area of Lake County can adversely affect the health, safety, and well-being of the

County, its residents and environment. Comprehensive civil regulation of premises used for

marijuana cultivation is proper and necessary to avoid the risks of violent criminal activity

degradation of the natural environment, malodorous smells, and indoor electrical fire hazards

that may result from unregulated marijuana cultivation, and that are especially significant if the

amount of marijuana cultivated on a single premises is not regulated and substantial amounts of

marijuana are thereby allowed to be concentrated in one place.

(h) Cultivation of marijuana at locations or premises in close proximity of schools, churches, parkschild care centers, or youth oriented facilities creates unique risks that the marijuana plants may

be observed by juveniles, and therefore be especially vulnerable to theft or recreational

consumption by juveniles. Further, the potential for criminal activities associated with marijuana

cultivation in such locations poses heightened risks that juveniles will be involved or

endangered, therefore, cultivation of any amount of marijuana in such locations or premises is

especially hazardous to public safety and welfare, and to the protection of children.

(i) Marijuana plants, whether cultivated indoors or outdoors, especially as they mature prior to

harvest, may produce a distinctive, offensive odor that may be detected far beyond property

boundaries.

(j) The strong smell of marijuana may create an attractive nuisance, alerting persons to the location

of valuable plants, and creating a risk of burglary, robbery and armed robbery.

(k) Marijuana that is cultivated indoors may require excessive use of electricity which may overload

standard electrical systems creating an unreasonable risk of fire.



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

(l) As recognized by the Attorney General’s August 2008 Guidelines for the Security and Non-

Diversion of Marijuana Grown for Medical Use, the cultivation or other concentration of

marijuana in any location or premises without adequate security increases the risk tha

surrounding homes or businesses may be negatively impacted by nuisance activity such as

loitering or crime.

(m) It is the purpose and intent of this Article to implement State law by providing a means for

regulating the cultivation of medical marijuana in a manner that is consistent with State law and

which balances the needs of medical patients and their caregivers and promotes the health

safety, and welfare of the residents and businesses within the unincorporated territory of the

County of Lake. This Article is intended to be consistent with Proposition 215 and Senate Bill420, and towards that end, is not intended to prohibit persons from individually, collectively, or

cooperatively exercising any right otherwise granted by State law. Rather, the intent and purpose

of this Article is to establish reasonable regulations upon the manner in which marijuana may be

cultivated, including restrictions on the amount of marijuana that may be individually

collectively, or cooperatively cultivated in any location or premises, in order to protect the public

health, safety, welfare and environment in Lake County, and that is in conformance with the

provisions of California Health and Safety Code Section 11362.5 through 11362.83.

(n) The limited right of qualified patients and their primary caregivers under State law to cultivate

marijuana plants for medical purposes does not confer the right to create or maintain a public

nuisance. By adopting the regulations contained in this Article, the County will achieve a

significant reduction in the aforementioned harms caused or threatened by the unregulated

cultivation of marijuana in the unincorporated area of Lake County.

(o) Nothing in this Article shall be construed to allow the use of marijuana for non-medica

purposes, or allow any activity relating to the cultivation, distribution, or consumption of

marijuana that is otherwise illegal under State or federal law. No provision of this Article shall



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

be deemed a defense or immunity to any action brought against any person by the Lake County

District Attorney, the Attorney General of State of California, or the United States of America.

72A.2 Intent: It is the intent of the Board of Supervisors to regulate the cultivation of marijuana for

medical purposes, including but not limited to regulations as to location of the cultivation, number of plants

and the use of fencing or other screening and security structures, to accommodate the needs of qualified

patients and/or their caregivers, and in furtherance of the public necessity, convenience and general welfare

It is also the intent of the Board of Supervisors that nothing in this Article shall be construed to allow

persons to engage in conduct that endangers others or causes a public nuisance or to allow the use or

diversion of marijuana for non-medical purposes.

72A.3 Applicability: The provisions of this Article shall be applicable to all persons and businesses

described herein whether the activities described herein were established before or after the effective

date of this Article.

72A.4 Definitions:

(a) Cultivation: The planting, growing, harvesting, drying, or processing of marijuana plants

or any part thereof.

(b) Fence: means a wall or a barrier connected by boards, masonry, rails, panels, wire or any

other materials approved by the Community Development Department for the purpose of

enclosing space or separating parcels of land. The term “fence” does not include retaining

walls, plastic, tarp, bamboo coverings, corrugated metal, or other materials not designed

or manufactured for use as a fence.

(c) Indoors: means within a fully enclosed and secure structure that complies with the

California Building Standards Code (Title 24 California Code of Regulations), as adopted

by the County of Lake, that has a complete roof enclosure supported by connecting walls



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

extending from the ground to the roof, and 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 2" × 4" or thicker studs overlain with 3/8"

or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or

similar products do not satisfy this requirement.

(d) Marijuana: shall have the same meaning as that set forth in California Health and Safety

Code Section 11018.

(e) Medical Marijuana: Medical marijuana that has been recommended by a licensed physicianin strict accordance with California Health and Safety Code Sections 11362.5 through

Section [1362.83, inclusive, commonly referred to as the Compassionate Use Act and the

Medical Marijuana Program.

(f) Medical Marijuana Dispensary, or Dispensary: As defined in Section 72.4 (a) of this

Chapter.

(g) Primary Caregiver: Shall have the same definition as California Health and Safety Code

Section 11362.7 (d).

(h) Qualified Patient: Shall have the same definition as California Health and Safety Code

Section 11362.7 (f).

(i) Premises: Includes the actual building, as well as accessory structures, parking areas and

other on-site improvements.

72A.5 Uses Permitted: Cultivation of medical marijuana by a qualified patient or primary caregiver,



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

not to exceed a total of six (6) mature plants or twelve (12) immature plants is an allowed use on

parcels within the “R1”, “SR”, “RR”, “RL”, “A”, “APZ” and “TPZ” zoning districts. If both

mature and immature marijuana plants are cultivated on the premises, there shall be no more

than six (6) mature marijuana plants and no more than twelve (12) total marijuana plants.

Cultivation authorized by this Section is subject to the following criteria:

(a) The cultivation is an accessory use to an existing, permitted residential use of the

property, and the person or persons engaged in the cultivation must reside at the site

Cultivation on vacant properties is prohibited.

(b) The person(s) engaged in the medical marijuana cultivation shall be a verifiablequalified patient or primary caregiver as defined by the California Health and Safety

Code.

(c) A copy of a current and valid physician recommendation or state-issued medical

marijuana identification card shall be displayed in a conspicuous place on the

exterior of the residence.

(d) If the premises are rented, written approval shall be obtained from the property owner

that authorizes the tenant or lessee to cultivate medical marijuana at the site, and a copy

of the written approval shall be maintained by the tenant or lessee. Written approvals

shall be renewed annually.

(e) Outdoor cultivation shall be completely screened from public view and the views of

adjacent parcels with a fence, and no medical marijuana shall be cultivated or otherwise

placed within 15 feet of any property line, as measured from the plant canopies. The

fence must include a locking gate which shall be kept locked at all times when the

qualified patient or caregiver is not in the immediate area. Fences and gates shall comply



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

with the height limits specified by Section 42.11 of the Zoning Ordinance, and the

definition of “fence” provided in this Article.

(f) If Medical Marijuana is cultivated inside a residence, the following additional criteria

shall apply:

1. The kitchen, bathrooms, and master bedroom shall be maintained for their

intended use and not be used for Medical Marijuana cultivation.

2. The area used for cultivation shall not occupy more than 100 square feet of the

residence.

3. Indoor lighting shall not exceed 1,200 watts and shall conform to all applicablecodes.

4. Indoor cultivation area(s) shall be ventilated for odor control, and shall not create

a humidity or mold problem.

(g) Medical Marijuana cultivation shall not adversely affect the health or safety of nearby

residents by creating dust, glare, heat, noise, odor, smoke, traffic, or other impacts, or be

hazardous due to use or storage of materials, products or wastes.

(h) Nothing in this Section shall be construed as a limitation on the County's authority to

abate any nuisance which may exist from the planting, growing, harvesting, drying,

processing or storage of marijuana plants or any part thereof from any location, indoor or

outdoor, including from within a fully enclosed and secure building.

72A.6 Uses Permitted Subject to Approval of a Minor Use Permit: Collective or Cooperative

Medical Marijuana cultivation sites exceeding six (6) mature plants or twelve (12) immature

plants, but not more than 99 plants shall be subject to approval of a Minor Use Permit in each

case. The following minimum application requirements and operation standards shall be met:



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

(a) Collective or Cooperative Medical Marijuana cultivation sites shall be located outside of

any Community Growth Boundary on property zoned “RR”, “RL” or “A” and shall not

be allowed on any parcel less than five (5) acres in size.

(b) A Collective or Cooperative Medical Marijuana Cultivation site shall not be

established within 1,000 feet of any public or private elementary, middle or high school,

or within 500 feet of any developed park containing playground equipment, drug or

alcohol rehabilitation facility, day care facility, church or youth-oriented facility such as

any establishment that advertises in a manner that identifies the establishment as catering

to or providing services primarily intended for minors, or the individuals who regularly

patronize, congregate or assemble at the establishment are predominately minors.

(c) Outdoor cultivation areas shall not be located within 300 feet of any off-site

residence, nor within 100 feet of a property line. In addition, cultivation areas shall no

be located within 50 feet from the top of the bank of any stream or lake.

(d) The site shall contain a permitted residence, which shall be inhabited by the permit holder

or other member of the collective or cooperative organization engaged in the

cultivation.

(e) The proposed water source for the cultivation shall be identified.

(f) If the site is served by a private road, information concerning how the road is

currently maintained, along with a plan specifying how the collective or cooperative will

contribute to ongoing road maintenance shall be submitted with the application for minor

use permit.

(g) A detailed site plan shall be submitted that includes the following information:



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1. The location, approximate dimensions and use for all buildings and

structures on the parcel, and location and dimensions of parking area.

2. Location and dimensions of all outdoor growing, processing and storage areas.

3. Location of all residential structures on adjoining parcels, including

approximate distance from the proposed cultivation and processing areas to said

residences.

4. Location of fencing, screening, and lockable gate(s), and height and type of

materials proposed.

5. Location of all public rights-of-way and approximate distance from the

proposed cultivation and processing areas.

6. Any other applicable information listed in Section 55.2 of the Lake CountyZoning Ordinance.

7. Any other information that is deemed necessary by the Community

Development Director in order to complete the application processing.

(h) The applicant shall provide written verification that each individual participating in the

cultivation is a qualified patient or primary caregiver, by any of the following methods:

1. A copy of a valid government-issued medical marijuana identification card for the

applicant and each additional participant; or

2. A copy of a written recommendation from a physician for the applicant and each

additional participant: or

3. Written documentation that the applicant or each additional participant is a

primary caregiver by providing the name and verification of status of each

qualified patient for whom the primary caregiver is cultivating medical

marijuana, and a statement from each qualified patient identifying the

applicant or additional participant as their primary caregiver.



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

(i) If the cultivation will in whole or in part supply members of a cooperative or

collective through a Medical Marijuana Dispensary, each member who will be

participating in Medical Marijuana cultivation at the site shall submit verification that

each is a qualified patient or primary caregiver as defined and is a current member of the

collective or cooperative associated with the Medical Marijuana Dispensary.

(j) Prior to the minor use permit application being deemed complete for processing, the

owner and/or operator of the proposed collective or cooperative medical marijuana

cultivation site and any employees, volunteers or contractors must pass a criminal history

background investigation performed by the Lake County Sheriff, at the applicant’s

expense, and must provide personal affidavits. Any applicant, his or her agent oremployees, or any person exercising managerial authority of a cultivation site on behalf

of the applicant shall not have been convicted of a felony, or of a misdemeanor involving

moral turpitude, or engaged in misconduct related to the qualifications, functions or

duties of a permittee. A conviction within the meaning of this section means a plea or

verdict of guilty or a conviction following a plea of nolo contendere

(k) Applications for minor use permits for Collective or Cooperative Medical Marijuana

cultivation sites shall include an Operation Plan that specifies the following:

1. Written project description that includes detailed information including the ful

name and address of the operator, the property owner’s name and address.

2. A description of how the cultivation operations will be conducted, including

the hours and days of operation proposed.

3. The number of members within the collective or cooperative associated with

the cultivation site, and the number of employees that will be involved in the

cultivation, processing, storage and distribution.

4. A detailed floor plan, drawn to scale, for any building(s) to be used as part of the

cultivation operation.



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

5. Description of measures taken to minimize or offset energy use from any proposed

indoor cultivation and/or drying of Medical Marijuana.

6. A list of fertilizers and any chemicals and in what amounts they will be used and

stored on site.

7. The on-site security systems and methods proposed, including measures for safe

storage of medical marijuana, security lighting, fences and other security measures

proposed to be used.

8. Proof of eligibility as a collective or cooperative, such as articles of incorporation,

not for profit status, financial and general membership information.

9. Written evidence of ownership or authorization for use of the proposed site.

72A.7 General Performance and Operational Standards for Collective or Cooperative

Medical Marijuana cultivation sites:

(a) Annual compliance monitoring shall be conducted by the Lake County Sheriff’s Office a

the permit holder’s expense. Prior to operation of the cultivation site, the permit holder

shall enter into a “Compliance Monitoring Inspection Agreement” with the Sheriff’s

Office and shall pay for an initial inspection of the premises. The Agreement shal

provide for recovery of costs incurred by the Sheriff’s Office based on the weighted

hourly rate(s) of the staff assigned to conduct said inspections. The permit holder shal

maintain the following records and shall make said records available to the Lake County

Sheriff’s Office upon request:

1. Proof of not-for-profit status. Any compensation for the permit holder’s time shal

be consistent with Federal Income Tax laws for “reasonable

compensation”. No medical marijuana collective or cooperative cultivation site

shall be operated for profit. The operator may receive compensation for actual

expenses, including reasonable compensation for services provided, or for



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

payment of out-of-pocket expenses incurred in providing those services

However, any such collective or cooperative organization shall pay applicable

sales tax on such sales and maintain the applicable seller’s permit or similar

permit from the State Franchise Tax Board or other applicable agency.

2. A current registry of employees and any contractors and/or volunteers, who are

engaged in the cultivation operation, all of whom shall be subject to passing

background investigations as specified in Section 72A.6(j) of this Article. The

registry shall be provided to the Sheriff at any time upon request. The registry

shall include the name, current residential address, telephone number, date of

birth and the height, weight and color of eyes and hair of each such person.

(b) The permit holder shall maintain a not-for-profit status, and any compensation for

the operator’s time shall be consistent with Federal Income Tax laws for “reasonable

compensation”. Medical Marijuana cultivation sites shall not be operated for profit.

(c) The minor use permit shall be valid for an initial term of two (2) years, and may be

renewed every two (2) years thereafter, provided that the operation remains in

compliance with the applicable provisions of this Article and Chapter, and any

applicable state laws. Applications for renewal must be filed prior to the expiration date

of the existing permit, and are subject to processing fees of 50% of the fee in effect for a

minor use permit at the time of application for renewal.

(d) Medical marijuana shall only be cultivated for the members of the collective or

cooperative associated with the cultivation site. No distribution to non-members is

permitted.

(e) A collective or cooperative medical marijuana cultivation site may cultivate and

possess marijuana at its facility only in the collective amount that each qualified patient

or primary caregiver who is a current member of the cooperative or collective associated



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

with the Medical Marijuana Dispensary is allowed to possess under California Health and

Safety Code Section 11362.77, as may be amended from time to time. However, in no

case shall the total number of plants exceed 99, and the amount of processed marijuana in

possession at the collective or cooperative cultivation site shall not exceed 15 pounds

unless specifically authorized by the minor use permit and additional security measures

have been approved.

(f) The permit holder shall require any person entering the designated cultivation area to

provide verification of the individual’s status as a current member of the collective or

cooperative associated with the cultivation site, and shall also verify the individual’s

identity by way of a government issued photographic identification.

(g) For indoor cultivation an exhaust and air filtration system shall be utilized to preven

off-site odors.

(h) The permit holder shall maintain membership records on-site or have them

reasonably available for the permit holder’s use that provide written verification of each

individual member's status as a qualified patient or primary caregiver. Subject to HIPAA

regulations, this shall be done by any of the following methods:

1. Written documentation establishing that the permit holder has confirmed that the

individual member has a valid government-issued medical marijuana identification

card, with a copy of the medical marijuana identification card included in the

membership records; or

2. Written documentation establishing that the permit holder has confirmed the

individual member has a recommendation from a physician by making

personal contact with the recommending physician (or his or her agent),



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

verifying the physician's identity, and verifying the physician's licensing status. If

the physician recommendation is in writing, a copy of that recommendation shall

also be included in the membership records; or

3. Written documentation establishing that the permit holder has confirmed the

individual's primary caregiver status by making personal contact with the

qualified patient and has confirmed the status of the qualified patient.

(i) The permit holder shall track when individual member's medical marijuana

recommendations, designations of primary caregivers, and/or identification cards expire.

(j) The permit holder shall enforce conditions of membership by excluding frommembership individuals whose identification cards, physician recommendations, and/or

designations of primary caregiver status are invalid or have expired, or who have

diverted marijuana to non-members and/or for non-medical use.

72A.8 Grounds for Revocation or Denial of Minor Use Permit

(a) Failure to comply with the provisions of this Article shall be grounds for permi

revocation or denial of a permit extension.

(b) Filing of an application for a minor use permit for a collective or cooperative

medical marijuana cultivation site after the unpermitted commencement of said

cultivation has already begun shall be grounds for denial of the permit by the Zoning

Administrator. Any operation of a cultivation site while a minor use permit application is

being processed by the County shall also be grounds for denial.

72A.9 Nuisance Declared; Cultivation Restrictions.



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

The cultivation of more than six (6) mature or twelve (12) immature marijuana plants for an

individual, or more than 99 marijuana plants specified by this Article for a collective or

cooperative organization, either indoors, outdoors, or combination thereof on any premises is

hereby declared to be unlawful and a public nuisance that may be abated in accordance with

Chapter 13 of the Lake County Code:

72A.10 Abatement procedures.

Whenever the Community Development Director or his or her designee determines that a public

nuisance exists (as defined in this Article and/or Chapter 13 of the Lake County Code), he or

she, or his or her designee, shall request in writing that the public nuisance be abated within

seventy-two (72) hours. If the condition(s) continue beyond that seventy-two (72) hour period

the Community Development Director or his or her designee may set the matter for hearing in

accordance with the procedures specified in Chapter 13 of the Lake County Code.

72A.11 Release of the County from Liability: In a form satisfactory to the County of Lake, the

Medical Marijuana collective or cooperative cultivation site permittees, operators and

employees, the members of collectives and/or cooperatives associated with the cultivation sites

and the property owner{s) of record for each cultivation site, shall release and hold harmless

Lake County, and its agents, officers, elected officials, and employees from injuries, damages, or

liabilities of any kind that result from the operations and activities at medical marijuana

cultivation sites including, but not limited to, any arrest or prosecution of medical marijuana

cultivation site owners, permittees, operators and employees, and the members of collectives

and/or cooperatives associated with medical marijuana cultivation sites, for violation of state or

federal laws.

72A.12 Indemnification: Each permit issued pursuant to this Article shall have as a condition of

the permit, a requirement that the applicant indemnify and hold harmless the County and its

Officers, agents, and employees from actions or claims of any description brought on account of



June 8, 2011 Draft

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

any injury or damages sustained, by any person or property resulting from the issuance of the

permit and the conduct of the activities authorized under said permit.

72A.13 Liability: The provisions of this Article shall not be construed to protect the Medical

Marijuana cultivation site owners, permittees, operators and employees, the members of

collectives and/or cooperatives associated with Medical Marijuana cultivation site, and the

property owner(s) of record for each site from prosecution pursuant to any laws that may prohibit

the cultivation, sale, and/or possession of controlled substances. Moreover, cultivation, sale,

possession, distribution, and use of marijuana remain violations of federal law as of the date of

adoption of the ordinance creating this Section, and this Section is not intended to, and does not

protect any of the above described persons from arrest or prosecution under those federal lawsMedical Marijuana cultivation site owners, permittees, operators and employees, the members of

collectives and/or cooperatives associated with cultivation sites, and the property owner{s) of

record for each cultivation site assume any and all risk and any and all liability that may arise or

result under state and federal criminal laws from operation of a Medical Marijuana cultivation

site. Further, to the fullest extent permitted by law, any actions taken under the provisions of thi

Section by any public officer or employee of the County of Lake or by Lake County itself shall

not become a personal liability of such person or a liability of the County.

72A.14 Conflicts with Other Codes: If this Article is found to be in conflict with any other

Chapter, Section, Subsection, or Title, the provisions of this Article shall prevail.”

Section 2: Severability of Parts of this Article: It is hereby declared to be the intention of the

Board of Supervisors that the sections, paragraphs, sentences, clauses and phrases of this

Article are severable, and if any phrase, clause, sentence, paragraph, or section of this

Article shall be declared unconstitutional by the valid judgment or decree of court of

competent jurisdiction, such unconstitutionality shall not affect any of the remaining

phrases, clauses, sentences, paragraphs and sections of this Article.



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Section 3: All ordinances or resolutions in conflict herewith are hereby repealed to the extent of

such conflict and no further.

Section 4: This project is exempt from California Environmental Quality Act requirements in that it

can be seen with certainty that there is no possibility that the activity in question willhave a significant effect upon the environment.

Section 5: This ordinance shall take effect on the ___ day of _______, 2011. Within fifteen (15)

days after adoption of the ordinance, the Clerk to the Board of Supervisors shall at least

once in a newspaper of general circulation printed and published in the County of Lake

publish a summary of the Ordinance with the names of those supervisors voting for and

against the ordinance and the Clerk shall post in the office of the Clerk to the Board of

Supervisors a certified copy of the full text of the adopted ordinance along with the

names of those supervisors voting for and against the Ordinance.

The foregoing Ordinance was introduced before the Board of Supervisors of the County of Lake

on the ___day of ______, 2011, and passed by the by the following vote on the ___day of

______ 2011:

AYES:

NOES:

ABSENT OR NOT VOTING:

COUNTY OF LAKE

______________________

ATTEST: KELLY F. COX Chair Board of Supervisors

Clerk of the Board of Supervisors

By: _______________________

APPROVED AS TO FORM: APPROVED AS TO FORM:

ANITA L. GRANT Community Development Department

County Counsel

By: _______________________ By: _______________________

June 2011 - Lake County Medical Marijuana Cultivation Proposed Ordinance

Documents

Transcript of June 2011 - Lake County Medical Marijuana Cultivation Proposed Ordinance