Manteca Municipal Code[/URL];7002224]
8.35.030 Cultivation restrictions.
A. Only qualified patients, persons with identification cards and primary caregivers may cultivate medical marijuana.
B. Secure Enclosed Structure. The cultivation of medical marijuana shall at all times occur in a secure, locked, and fully enclosed structure that includes solid walls, a ceiling, roof or top. No outdoor growing shall be permitted within the city.
C. Maximum of Twelve Plants Except Where Collective Cultivation is Allowed. Any individual, collective, or cooperative cultivation of more than twelve marijuana plants, whether mature or immature, shall occur only in areas where cooperative cultivation is permitted, as defined in subsection G.
D. Patient Cultivation. Each qualified patient or person with an identification card may cultivate up to six mature or twelve immature marijuana plants, or as otherwise recommended by a doctor in accordance with
Health and Safety Code Section 11362.77, subject to the limits specified in this section.
E. Primary Caregiver Cultivation. Each primary caregiver may cultivate up to six mature or twelve immature marijuana plants, or as otherwise recommended by a doctor, for each qualified patient in accordance with
Health and Safety Code Sections 11362.7 and 11362.77, subject to the limits specified in this section.
F. Requirements for Collectives or Cooperatives. A cooperative or collective must file articles of incorporation with the state and conduct its business for the mutual benefit of its members. No business may call itself a cooperative or collective unless it is properly organized and registered as such a corporation under the Corporations or Food and Agriculture Code of California. Cooperatives or collectives must follow strict rules on organization, articles, elections, and distribution of earnings, and must report individual transactions from individual members each year. Cooperative or collective corporations are democratically controlled and are not organized to make a profit for themselves, as such, or for their members, as such, but primarily for their members as patrons. They must be nonprofit operations. The cooperative or collective must not purchase marijuana from, or sell to, nonmembers; instead, it must only provide a means for facilitating or coordinating cultivation projects, including the allocation of costs between members.
G. Collective or Cooperative Cultivation. For the collective or cooperative cultivation of marijuana, such cultivation shall be prohibited within any residential districts as defined by the Manteca Municipal Code or within one thousand feet of any residential district, school, recreation center, or youth center. Collective or cooperative cultivation shall also be subject to the following additional requirements:
1. Record Requirements. The owner, renter, lessee or person otherwise in charge of the property upon which the cooperative or collective growing occurs shall provide the following information to the Manteca police department in a form and manner approved by the chief of police:
a. Full name, address, and telephone number(s) of the owner or lessee, including all alias names used in the previous ten years;
b. The address where correspondence is to be mailed;
c. A list of all qualified patients, persons with identification cards, and primary caregivers participating in the cultivation and the contact information of those individuals;
d. A copy of all participant physician recommendations, identification cards, and primary caregiver evidence;
e. A sketch or diagram showing the property with the location of the cultivation and all buildings on the property, including a statement showing the total area occupied by the cultivation and the distance from the property lines;
f. A statement setting forth the number of plants to be cultivated and demonstrating that the cultivation does not exceed the maximums set forth under state law or this chapter;
g. A statement identifying all persons who will be tending to the cultivation and describing the cultivation process;
h. Such other information as the police department determines is necessary to ensure compliance with state law and this chapter. This information shall be provided prior to the commencement of the collective or cooperative cultivation, except that for existing collective or cooperative cultivation operations, the information shall be provided within ten days of the effective date of the ordinance codified in this chapter. The information provided shall be updated upon any change within ten days. The police department shall keep patient information confidential to the extent required by law.
2. The cultivation shall not occur in conjunction with any for profit business. The cultivation shall only occur in conjunction with a nonprofit business if said business is licensed and use permitted by the city, incorporated within the state, and not contrary to federal, state or local laws or ordinances. No profit shall be derived from any collective or cooperative cultivation.
3. No collective or cooperative shall maintain or keep any location or facility for the purpose of storing, selling, buying, dispensing, trading, processing or for any activity related to medical marijuana other than cultivation, unless specifically permitted and licensed by the city.
4. All persons who associate together for the collective or cooperative cultivation must participate in the cultivation and the cultivation must occur solely among members of the association. No employees, independent contractors, or other persons may be utilized for the cultivation.
5. No on-site consumption of medical marijuana shall occur except by qualified patients or persons with identification cards who live on the property as their principal place of residence.
6. No smoking of medical marijuana shall occur:
a. In any place where smoking is prohibited by law;
b. In or within one thousand feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence;
c. On a school bus;
d. While in a motor vehicle that is being operated;
e. While operating a boat.
7. Excess Quantities. Any quantities of marijuana that are cultivated, collected or possessed beyond the limits set forth in this chapter are considered contraband and shall be immediately released to the Manteca police department for destruction.
8. Inspections. The collective cultivation operation shall be open for inspection by any law enforcement officer or city code enforcement officer between the hours of eight a.m. and nine p.m. seven days a week, or at any time upon responding to a call for service related to the property where the cultivation is occurring.
9. Violations. In addition to the remedies provided in this chapter, if the collective or cooperative cultivation occurs in violation of this chapter or any other local or state law or regulation, the owner or lessee shall be prohibited from further collective or cooperative cultivation at any location within the city for a period of one year after notice by the city of the violation. Subsequent violations shall result in a three year prohibition. (Ord. 1461 § 1, 2010)
