- Posted by Erica Treeby
- On January 3, 2017
- California, cannabis, cultivation, delivery, dispensary, MCRSA, medical cannabis, permit, regulations, zoning
Despite its close geographical proximity to the Emerald Triangle, Shasta County has shown little interest in embracing commercial medical Cannabis businesses. In fact, since the enactment of the Medical Cannabis Regulation & Safety Act (“MCRSA”) in 2015, Shasta’s Board of Supervisors have enacted further restrictions on medical cannabis activities within the unincorporated areas of the county.
Effective March 3, 2016, Ordinance No. SCC 2016-01 modified the Shasta County Code by adding Section 17.88.315, Medical Marijuana Deliveries, and amending Section 17.88.320, Medical Marijuana Cultivation, Special Uses. The latest regulations, which apply only to the unincorporated areas of the county, prohibit the delivery or transfer by any dispensary of medical Cannabis or medical Cannabis products to a qualified patient or primary caregiver. Newly amended Section 17.88.320, requires a qualified patient or primary caregiver to obtain a zoning permit, in accordance with Section 17.92.060, before cultivation can occur on a premises or parcel.
Ordinance No. SCC 2014-02 amended the Shasta County Zoning Plan relating to medical Cannabis cultivation (Section 17.88.320), and residential accessory buildings (Section 17.88.140). The Ordinance, which was adopted by the Board of Supervisors on January 28, 2014 and approved by the voters on November 4, 2014, applies to all properties in the unincorporated area of Shasta County as of November 5, 2014 – meaning that property located in one of the incorporated municipalities within the county, such as Redding or Shasta Lake, is instead governed by that particular city’s regulations.
Per the Ordinance, qualified patients or primary caregivers may cultivate no more than twelve (12) medical Cannabis plants on any premises regardless of parcel size or the number of qualified patients or primary caregivers cultivating. Cultivation is permitted only within a legally-established detached residential accessory building that is located on any parcel with a primary residence occupied by the cultivating qualified patient or primary caregiver. The accessory building must meet all County development standards and criteria as described in Section 17.88.140 of the County Code. Outdoor cultivation and cultivation within a residence are strictly prohibited.
Shasta’s lawmakers have also banned medical Cannabis dispensaries within the unincorporated areas of the County. (Section 17.88.310).
Contact CannaBusiness Law for expert assistance in compliance with cannabis licensing, permitting and the application process relating to commercial Cannabis in California.