Modoc County

Regulations for Cannabis Related Commercial Activity

County Description

Modoc County is a county located in the far northeast corner of the U.S. state of California. As of the 2010 census, the population was 9,686 making it the third-least populous county in California. The county seat and only incorporated city is Alturas. Previous county seats include Lake City and Centerville; the latter is now a ghost town. The county borders Nevada and Oregon.

A large portion of Modoc County is federal land. Several federal agencies, including the United States Forest Service, Bureau of Land Management, National Park Service, Bureau of Indian Affairs, and the United States Fish and Wildlife Service, have employees assigned to the area, and their operations are a significant part of the economy and services in this rural area.

The county’s official slogans include, “The last best place,” and “Where the West still lives.”

Political Statistics

County Board of Supervisors

State Senate

CA State Senate (District 1)
Senator Ted Gaines -REP

State Assembly

CA State Assembly (District 1)
Assembly Member Brian Dahle -REP

US Congress

U.S. Congress – House of Representatives- (1st District)
Doug LaMalfa -REP

US Senators

U.S. Senators –State of California
Kamala Harris and Diane Feinstein

CULTIVATION

BANNED

18.180. Commercial Marijuana Uses

A. The board of supervisors finds that the prohibitions on commercial marijuana uses including the cultivation, marijuana processing, and marijuana dispensaries, are necessary for the preservation and protection of the public health, safety, and welfare for the county and its community. The county’s prohibition of such activities is within the authority under state law.

B. On October 9, 2015, the governor signed the “Medical Marijuana Regulation and Safety Act” (“Act”) into law. The Act becomes effective January 1, 2016 and contains new statutory provisions that:

  1. Allow local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health and Safety Code § 11362.777 for the cultivation of marijuana (Health and Safety Code § 11362.777(c)(4));
  2. Expressly provide that the Act does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinances, or enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Business and Professions Code § 19315(a));
  3. Expressly provide that the Act does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government’s right to make and enforce within its limits all police regulations not in conflict with general laws (Business and Professions Code § 19316(c)); and

C. The board of supervisors finds that this chapter: (1) expresses its intent to prohibit the commercial cultivation of marijuana in the county and to not administer a conditional permit program pursuant to Health and Safety Code § 11362.777 for the commercial cultivation of marijuana in the county; (2) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the county and its community.

(Ord. No. 353, § 5, 4-12-2016)

Ordinance Number 349-C

18.175.040 Medical Marijuana Cultivation

  • Cultivation is prohibited within the unincorporated area of the County except as an accessory use to at least one properly permitted and habitable Residence on the same Parcel of land.
  • A Primary Caregiver may cultivate Medical Marijuana on behalf of a Qualified Patient(s), but only at the Qualified Patient’s primary Residence and/or at the Primary Caregiver’s primary Residence, and only in conformance with all applicable State and local regulations and all limitations set forth in this Section.
  • Cultivation is limited to a total of twelve (12) or fewer Medical Marijuana plants per Qualified Patient for up to two (2) Qualified Patients per Parcel.
  • Cultivation within a Residence or any other structure lawfully used or intended for human occupancy is prohibited. Indoor Cultivation may only occur within a detached structure that is accessory to and located on the same Parcel as the Residence and in accordance with the definition of Indoor Cultivation as provided herein.

MANUFACTURING

BANNED

Commercial Marijuana Uses

Commercial medical marijuana uses including cultivation,processing and dispensaries are prohibited in the unincorporated area of Modoc County (MCC Section 18.180; Ordinance 353).

RETAIL

BANNED

Commercial Marijuana Uses

Commercial medical marijuana uses including cultivation,processing and dispensaries are prohibited in the unincorporated area of Modoc County (MCC Section 18.180; Ordinance 353).

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Contact CannaBusiness Law today to provide expert assistance in compliance With Cannabis Licensing, Permitting and the Application process relating to Commercial Cannabis in California.

COUNTY-SPECIFIC NEWS AND UPDATES