San José Municipal Code § 6.88.900 Requirements and regulations.
6.88.900 - Requirements and regulations.
A. Nothing in this Chapter shall be deemed to make unlawful Personal Use Cultivation of Medical or Non-medical Cannabis at the private residence of either a Qualified Patient, the Qualified Patient's Primary Caregiver for use by the Qualified Patient, or a person age twenty-one (21) or older, if such cultivation is conducted pursuant to state law.
B. Any Medical Cannabis Personal Use Cultivation must be conducted in strict compliance with the following provisions:
1. A Qualified Patient and Primary Caregiver shall be allowed to cultivate Medical Cannabis within the private residence of either the Qualified Patient or the Qualified Patient's Primary Caregiver for the Qualified Patient's personal use;
2. The building being used for the cultivation shall remain at all times a residence with legal and functioning cooking, sleeping and sanitation facilities;
3. Medical Cannabis cultivation shall remain at all times incidental to the residential use of the property;
4. Medical Cannabis cultivation outdoors is prohibited;
5. The Qualified Patient or the Primary Caregiver shall reside in the residence where the Medical Cannabis cultivation occurs;
6. The Medical Cannabis cultivation area shall be in compliance with all current building and fire codes, including without limitation, Chapter 17.12 of this Code, Title 24 of this Code, and the current adopted edition of the California Building Code Section 1203.4 - Natural Ventilation, or Section 402.3 - Mechanical Ventilation;
7. The cultivation shall not adversely affect public health or safety through the creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; or be hazardous because of the use or storage of materials, processes, products or wastes, or for any other reason;
8. All electrical equipment used in the cultivation of Medical Cannabis shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the cultivation of cannabis is prohibited;
9. All electricity used in the cultivation of Medical Cannabis shall be obtained legally;
10. From a public right-of-way, or from a neighboring property, there shall be no exterior evidence of Medical Cannabis cultivation occurring at the property, including, without limitation, odor;
11. Medical Cannabis cultivated for personal use as provided herein shall not be distributed to any person, Collective, entity or Cannabis Business in violation of state law;
12. All water used in the cultivation of Medical Cannabis shall be legally obtained and shall be applied in accordance with state and local laws;
13. Notwithstanding the number of Qualified Patients or Primary Caregivers residing at the private residence, Medical Cannabis cultivation shall be limited to a single space within a single room that is not a garage. The single space in the single room shall be no larger than fifty (50) square feet and all Medical Cannabis plants shall be arranged in a single layer;
14. Medical Cannabis cultivated for personal use by a Qualified Patient shall be exclusively for his or her personal medical use and shall not be provided, donated, sold, or distributed to any other person or entity;
15. Medical Cannabis cultivated for personal use by a Primary Caregiver shall be exclusively for the personal medical use of that Primary Caregiver's designated Qualified Patients and shall not be provided, donated, sold, or distributed to any other person or entity;
16. The area used for any Medical Cannabis cultivation, processing, manufacturing or storage shall be secured in a manner so as to prevent access by anyone other than a Qualified Patient or Primary Caregiver; and
17. The extraction or refinement of chemical compounds from Medical Cannabis for personal use by way of a Solvent-based extraction method utilizing compressed flammable gases or alcohol is prohibited.
C. Any Non-medical Cannabis Personal Use Cultivation must be conducted in strict compliance with the following provisions:
1. Not more than six (6) living Non-medical Cannabis plants may be planted, cultivated, harvested, dried, or processed inside a private residence, or inside an accessory building, as defined in Title 20 of this Code, to a private residence that is fully enclosed and secure and located upon the grounds of the private residence, as an incidental use to the primary private residential use. These activities shall only be engaged in by a person over the age of twenty-one (21). Non-medical Cannabis in excess of twenty-eight and one-half (28.5) grams produced by plants kept for indoor personal cultivation must be stored in a locked space on the grounds of the private residence not detectable, including by odor or other means, from the public right-of-way or neighboring property;
2. Any personal Non-medical Cannabis cultivation shall comply with all requirements of this Code, including without limitation, Chapter 17.12 of this Code, Title 24 of this Code, and the current adopted edition of the California Building Code Section 1203.4 - Natural Ventilation, or Section 402.3 - Mechanical Ventilation;
3. Non-medical Cannabis cultivation outdoors is prohibited;
4. The cultivation of Non-medical Cannabis shall not adversely affect public health or safety through the creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; or be hazardous because of the use or storage of materials, processes, products or wastes, or for any other reason;
5. All electrical equipment used in the cultivation of Non-medical Cannabis shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the cultivation of cannabis is prohibited;
6. All water used in the cultivation of cannabis shall be legally obtained and shall be applied in accordance with state and local laws;
7. All electricity used in the cultivation of Non-medical Cannabis shall be obtained legally; and
8. The extraction or refinement of chemical compounds from Non-medical Cannabis for personal use by way of a Solvent-based extraction method utilizing compressed flammable gases or alcohol is prohibited.
(Ord. 30210.)