- Is marijuana cultivation allowed in unincorporated areas in Sacramento County?
- Can I grow marijuana outdoors on my property?
- What are the requirements for an indoor marijuana grow?
- What are the consequences of an illegal marijuana grow?
- Isn’t marijuana still illegal under federal law?
1. Is marijuana cultivation allowed in unincorporated areas in Sacramento County?
California state law allows for the cultivation of six marijuana plants inside all single private residences, or in a secured accessory structure. Local jurisdictions may enact additional allowances that do not conflict with this right. Ordinances for the unincorporated areas of Sacramento County allow for small indoor marijuana grows of 9 plants or fewer, but with significant limitations. Any cultivation operations that do not meet all the guidelines are subject to enforcement action, along with any applicable fees and penalties. See Sacramento County Code Chapter 6.87 through 6.88 for more information.
2. Can I grow marijuana outdoors on my property?
No. Outdoor cultivation of marijuana is completely prohibited in unincorporated Sacramento County. Outdoor grows are subject to enforcement from Sacramento County Code Enforcement and Sacramento County Sheriff’s Department.
3. What are the requirements for an indoor marijuana grow?
In order to comply with Sacramento County ordinances, the marijuana grow must meet with ALL of the following requirements:
- The cultivation occurs either: 1) within a single private residence; or 2) inside a fully enclosed and secure structure located upon the grounds of a private residence. Outdoor cultivation on any parcel is prohibited. Cultivation for commercial use is also prohibited.
- The cultivation is contained within a fully enclosed structure secured by lock and key or other security device which prevents unauthorized entry and is inaccessible to minors.
- The cultivation areas are not visible from the public right of way.
- The cultivation areas, including any lighting, plumbing, or electrical components used, comply with Title 16 (Building and Construction) and Title 17 (Fire Prevention) of this Code. The cultivation areas must be properly ventilated so as not create humidity, mold, or other related problems. Lighting shall not exceed 1,000 watts per light. The use of gas products (CO2, butane, etc.) or CO2 and ozone generators for marijuana cultivation is prohibited.
- Cultivation is not conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if the cultivation produces light, glare, heat, noise, odor, or vibration that is or whose effect is either detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life or property.
- The primary use of the property remains at all times as a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. No room shall be used for marijuana cultivation where such cultivation will impair or prevent the primary uses of cooking of meals, sleeping, and bathing.
- Written consent of the property owner is obtained prior to any cultivation commencing. Said consent must be evidenced by a signed and notarized statement from the property owner permitting cultivation on the affected parcel.
4. What are the consequences of an illegal marijuana grow?
Property owners and tenants that maintain or allow an illegal marijuana grow are subject to Code Enforcement actions including but not limited to search warrants, investigative fees, penalties up to $500 per day, and recovery of any other costs incurred by the department in the course of the investigation.
5. Isn’t marijuana still illegal under federal law?
Federal law still prohibits general cultivation, possession and use of marijuana as a Schedule I controlled substance. Federal drug laws and enforcement policy are the responsibility of federal authorities, and are separate from any state and county regulations and regulatory agencies. Compliance with state and/or county laws does not provide any protection or exemption from criminal prosecution at the federal level.