Personal Cannabis Cultivation
On August 7, 2018, San Joaquin County adopted an ordinance regulating the personal cannabis cultivation, possession, and processing allowed under the State's Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"). The goal in adopting the ordinance was to balance allowed personal cannabis activities with the protection of public health, safety, and welfare. The regulations are intended to be robust controls on personal cannabis activities that are effective and enforceable in practice.Ordinance 4515 - Personal Cannabis Cultivation
Anyone 21 years of age or older in the unincorporated areas of the County can cultivate and process cannabis in compliance with California State law and County Title 4, Division 10, Chapter 3. The cannabis can only be for personal use and cannot be sold, traded, or bartered.
A maximum of six (6) cannabis plants - whether immature or mature - is allowed per private residence or accessory structure regardless of how many people reside in the residence.
The plants must be grown inside a private residence, or an accessory structure to a private residence, in a manner not visible by the public. The area for cultivation cannot exceed 100 square feet. The accessory structure must have solid, non-transparent walls. The structure used for cultivation and allowed processing must be in compliance with the Building Regulation and the Fire Prevention ordinances of the County and have all required permits. Outdoor cultivation and processing is prohibited.
A "private residence" means a house, an apartment unit, with self-contained heating and ventilation systems, a mobile home, a modular home, or other similar dwelling that is in compliance with County Code of Ordinances Title 8. A private residence does not include transient lodging or recreational vehicles.
Personally cultivated cannabis must be stored within a fully enclosed structure secured by lock and key or other security device which prevents unauthorized entry and is inaccessible to minors.
No, the use of volatile solvents to process cannabis or to manufacture cannabis products from cannabis is prohibited.
No, the use of carbon dioxide from a tank or generator in cultivation or to process or to manufacture cannabis products from cannabis is prohibited.
Pesticides must be used and stored in a manner that is consistent with the product label and applicable laws and regulations. Use or storage inconsistent with the label or that is otherwise detrimental to public health, safety, or welfare, is prohibited.
Yes, a tenant must have written landlord approval to engage in personal cultivation of cannabis.
Each violation of the ordinance that is not for growing more than six plants is subject to an administrative civil fine/penalty of five hundred dollars ($500.00) per day. Each violation for a plant in excess of the legal six plant limit is subject to an administrative civil fine/penalty of up to one-thousand dollars ($1,000) per day. Violations may also result in other civil or criminal penalties or charges.
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