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Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
35
Date
5/3/2022
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Ordinance No. NS-XXX <br />Page 53 of 73 <br /> <br /> <br />(d) It shall be the sole responsibility of the members engaged in the management of the <br />collective to ensure that the collective is at all times operating in a manner compliant <br />with all applicable state laws and this article. Nothing in this article shall be construed <br />as authorizing any actions which violate state law with regard to the cultivation, <br />transportation, provision, and sale of medical marijuana. <br />(e) Cultivation of Marijuana. <br />(1) Personal Cultivation. Individuals twenty-one (21) years of age or older may plant, <br />cultivate, harvest, dry, or process up to six (6) living marijuana plants for personal <br />(non-commercial) use in a private residence or accessory structure to a single <br />private residence in the City of Santa Ana and must comply with the following <br />requirements: <br />i. The marijuana cultivation area shall be located indoors within a private <br />residence or accessory structure on a single parcel of property; <br />ii. No more than six (6) living marijuana plants is permitted for indoor personal <br />cultivation; <br />iii. Marijuana in excess of twenty-eight and one-half (28.5) grams produced by <br />plants kept for indoor personal cultivation must be kept in a locked space on <br />the grounds of the private residence not visible from the public right-of way. <br />iv. There shall be no exterior visibility or evidence of marijuana cultivation outside <br />the private residence from the public right-of-way, including but not limited to <br />any marijuana plants, equipment used in the growing and cultivation operation, <br />or any light emanating from the cultivation; or <br />v. The cultivation may not violate any California Building, Electrical or Fire Codes <br />or any other health and safety standards. <br />(2) Commercial Cultivation. Commercial cultivation of marijuana or cannabis is <br />prohibited anywhere in the City except as allowed and regulated in Article I of <br />Chapter 40 of the Santa Ana Municipal Code. <br />(3) Outdoor Cultivation. Outdoor cultivation of marijuana or medical marijuana is <br />prohibited anywhere in the City. No person, including a qualified patient or primary <br />caregiver, shall engage, permit, or participate in the outdoor cultivation of <br />marijuana in the City. <br />(4) Reserved. <br />(5) Public Nuisance Prohibited. <br />(i) It is hereby declared to be unlawful and a public nuisance for any person <br />owning, leasing, occupying, or having charge or possession of any parcel within <br />the City to create a public nuisance in the course of cultivating marijuana plants <br />Exhibit 1
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