§ 34A-4. Nuisance declared; restrictions on personal cultivation and commercial activities.

(a)

The cultivation of marijuana on any parcel that does not satisfy the definition of a premises contained herein is hereby declared to be a public nuisance that may be abated in accordance with this chapter.

(b)

The cultivation of marijuana plants exceeding the following square footage limitations, on any premises is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this chapter:

(1)

If the premises is one-half (0.5) of an acre in size or less, plants may be cultivated in a single cultivation area no larger than fifty (50) square feet. The cultivation area shall be measured from the outer edge of the marijuana plant canopy and not the stalk. The cultivation area shall have one (1) or more recommendations associated with the plants. The cultivation area must be located inside a detached structure that is no larger than one hundred twenty (120) square feet in size;

(2)

If the premises is greater than one-half (0.5) of an acre in size but less than five (5) acres in size, a single cultivation area no larger than fifty (50) square feet may be devoted to the cultivation of marijuana on the premises. The cultivation area shall be measured from the outer edge of the marijuana plant canopy and not the stalk. The cultivation area shall have one (1) or more recommendations associated with the plants. The cultivation area may be either indoors or outdoors;

(3)

If the premises is equal to or greater than five (5) acres in size but less than ten (10) acres in size, a single cultivation area no larger than one hundred (100) square feet may be devoted to the cultivation of marijuana on the premises. The cultivation area shall be measured from the outer edge of the marijuana plant canopy and not the stalk. The cultivation area shall have at least one (1) recommendation for every fifty (50) square feet of plants. The cultivation area may be either indoors or outdoors;

(4)

If the premises is equal to or greater than ten (10) acres in size, a single cultivation area no larger than one hundred fifty (150) square feet may be devoted to the cultivation of marijuana on the premises. The cultivation area shall be measured from the outer edge of the marijuana plant canopy and not the stalk. The cultivation area shall have at least one (1) recommendation for every fifty (50) square feet of plants. The cultivation area may be either indoors or outdoors.

(c)

The limitations of Section 34A-4(b) shall be imposed regardless of the number of qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation. Further, such limitations shall be imposed notwithstanding any assertion that the persons(s) cultivating marijuana are the primary caregiver(s) for qualified patients or that such persons(s) are collectively or cooperatively cultivating marijuana. And further, all persons(s) cultivating marijuana on the premises or participating directly or indirectly in the cultivation must be Butte County residents.

(d)

The single cultivation area shall consist of one (1) contiguous space. The length and width of the single cultivation area shall not exceed a ratio of two (2) to one (1).

(e)

Except as otherwise authorized in this Chapter, any commercial activity, including but not limited to the cultivation, production, storage, processing, manufacturing, dispensing, distributing, laboratory testing, labeling, transportation, provision or sale of medical marijuana or medical marijuana products is prohibited in the unincorporated areas of the County of Butte.

(f)

Notwithstanding subsection (e), the mobile delivery of medical marijuana or medical marijuana products originating from a licensed retailer, to a customer located in an unincorporated area of Butte County, is not prohibited.

(Ord. No. 4051, § 1, 2-26-13; Ord. No. 4075, § 2, 2-11-14; Ord. No. 4107, 1-26-16 ; Ord. No. 4136 , § 4, 10-24-17)