Tehama County

Regulations for Cannabis Related Commercial Activity

County Description

Tehama County (/təˈheɪmə/ tə-hay-mə) is a county located in the northern part of the U.S. state of California. As of the 2010 census, the population was 63,463. The county seat and largest city is Red Bluff.

Tehama County comprises the Red Bluff, CA Micropolitan Statistical Area, which is also included in the Redding-Red Bluff, CA Combined Statistical Area. The county is bisected by the Sacramento River.

Political Statistics

County Board of Supervisors

State Senate

CA State Senate (District 4)
Senator Jim Nielsen – REP

State Assembly

CA State Assembly (District 3)
Assembly Member James Gallagher – REP

US Congress

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

US Senators

U.S. Senators –State of California
Barbara Boxer and Diane Feinstein

CULTIVATION

BANNED

ORDINANCE NO. 2040 – May 2, 2017

9.06.035  Nuisance Declared.

The following regulations shall apply to premises used for marijuana cultivation in the unincorporated area of Tehama County:

(A) The outdoor cultivation of marijuana, in any amount or quantity, is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this chapter.

(B) The cultivation of more than six marijuana plants on any premises is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this chapter. The foregoing limitation shall be imposed regardless of the number of persons residing at the premises or participating directly or indirectly in the cultivation. Further, this limitation shall be imposed notwithstanding any assertion that the person(s) cultivating marijuana are the primary caregiver(s) for qualified patients or that such person(s) are collectively or cooperatively cultivating marijuana.

(C) Except as provided in a Waiver granted in accordance with subdivision (F), the cultivation of marijuana, in any amount or quantity, upon any premises located within one thousand feet of any school, school bus stop, school evacuation site, church, park, child care center, or youth-oriented facility is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this chapter.

  1. Except as provided in subdivision (C)(2), such distance shall be measured in a straight line from the boundary line of the premises upon which marijuana is cultivated to the boundary line of the premises upon which the school, school bus stop, school evacuation site, church, park, child care center, or youth­ oriented facility is located.
  2. If the premises is twenty acres or greater in size, then such distance shall be measured in a straight line from the detached fully enclosed secure accessory structure in which the marijuana is cultivated required by subdivision (E)(1) to the boundary line of the premises upon which the school, school bus stop, school evacuation site, church, park, child care center, or youth-oriented facility is located.

(D) Except as provided in a Waiver granted in accordance with subdivision (F), the cultivation of marijuana, in any amount or quantity, within a residence or any other structure used or intended for human occupancy is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this chapter.

(E) Except as provided in a Waiver granted in accordance with subdivision (F), the cultivation of marijuana, in any amount or quantity, upon any premises is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this chapter, unless all of the following conditions are satisfied:

  1. The cultivation of marijuana must be conducted within a detached fully enclosed secure accessory structure conforming to the following standards:
    1. The structure shall be a building completely detached from any residence or other structure used or intended for human occupancy. The structure shall comply with Title 15 of the Tehama County Code, and have a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments. The structure shall be secure against unauthorized entry, and accessible only through one or more lockable  doors.  Walls  and  roofs  must  be constructed  of solid materials that cannot be easily broken through, such as two inch by four inch or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Exterior walls must be constructed with non-transparent material. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.
    2. Any structure, regardless of square footage, constructed, altered or used for the cultivation of marijuana must obtain a building permit from the building The intended use of the structure for marijuana cultivation shall be disclosed in the application for a building permit, and the structure shall be inspected for compliance with this chapter prior to the commencement of any cultivation. The conversion of any existing accessory structure, or portion thereof, for cultivation of marijuana shall be subject to these same permit requirements, and must be inspected by the building official for compliance with this chapter prior to the commencement of any cultivation. Cultivation within any structure may not commence without final approval of the building official.
    3. The maximum electrical panel for the structure shall be fifty Except for temporary use in case of emergency power loss, the use of generators to supply power to any system or activity associated with marijuana cultivation is prohibited.
    4. Light systems utilized in connection with marijuana cultivation shall not exceed one thousand two hundred watts, shall comply with all applicable provisions of Title 15 of the Tehama County Code, and shall be shielded, including adequate coverings on windows, so as to confine light and glare to the interior of the structure.
    5. The structure shall be equipped with odor control filtration and ventilation system(s) adequate to prevent marijuana plant odors from exiting the interior of the structure.
    6. The structure shall have locking doors and a working security system which shall consist of a standard audible residential alarm of at least ninety dB A, but not exceeding one hundred ten dB A.
    7. Such structure shall be accessory to a permitted residential use in accordance with subdivision (G) of this chapter.
  1. Each structure in which the marijuana is cultivated shall be set back at least one hundred feet from all boundaries of the Such setback distance shall be measured in a straight line from the structure in which the marijuana is cultivated to the boundary line of the premises.

(F) The cultivation of marijuana, in any amount or quantity, upon any premises is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this chapter, unless the person(s) owning, leasing, occupying, or having charge or possession of any premises have submitted the required annual registration for the premises to the Tehama County Department of Environmental Health, and provided all of the following current information and documentation to the department:

  1. The name of each person, owning, leasing, occupying, or having charge or possession of the premises;
  2. The name of each person who participates in the cultivation, either directly or by providing reimbursement for marijuana or the services provided in conjunction with the provision of that marijuana;
  3. The number of marijuana plants cultivated on the premises; and
  4. Such other information and documentation as the department determines is necessary to ensure compliance with state law and this chapter.
  5. If the person(s) cultivating marijuana on any legal parcel is/are not the legal owner(s) of the parcel, such person(s) shall submit a notarized letter from the legal owner(s) consenting to the cultivation of marijuana on the This letter shall be examined by department, and shall then be returned to the submitter. The department shall prescribe forms for such letters.

This information and documentation shall be received in confidence, and shall be used or disclosed only for purposes of administration or enforcement of this chapter or state law, or as otherwise required by law.

The Tehama County Department of Environmental Health may refuse to accept a registration for any premises upon which marijuana cultivation is being conducted, or is proposed to be conducted, in violation of this chapter. The acceptance of a registration pursuant to this chapter shall not be deemed or construed to be a permit for or approval of any violation of this chapter. The acceptance of a registration shall not prevent the enforcing officer from thereafter requiring correction of violations or from preventing marijuana cultivation being carried out thereunder when in violation of this chapter.

The board of supervisors may, by resolution, establish a fee for such annual registration in accordance with all applicable legal requirements.

Every registration under this chapter shall be valid for no more than one calendar year and shall expire on December 31st of that year. An expired registration shall be renewed in the same manner as an initial registration hereunder. In the event that the registration of any premises for any calendar year is submitted after March 1st of that year, the registrant shall pay a late registration penalty equal to fifty percent of the applicable registration fee. The director of environmental health may waive the late registration penalty if the failure to timely register was due to reasonable cause and not due to willful neglect.

At the time of registration, the owner or occupant of the premises may submit a written request that the director of environmental health waive the application of any provision of Subdivisions (C), (D), or (E) based upon a finding of unusual hardship  or  other good cause.  Waiver  requests  shall not be  unreasonably denied. In the event that the California Attorney General issues a determination under Health and Safety Code section 11362.2, subdivision (b)(4), the foregoing Waiver authority shall then also include Subdivision (A). The director shall grant or deny each Waiver request in writing, and may impose reasonable conditions upon any Waiver granted. If granted, the Waiver shall remain valid until expiration of the registration, at which time the Waiver shall also expire. Renewal of any such Waiver may be requested at the same time as renewal of registration. If the Waiver request is denied or conditioned, the owner or occupant may submit a written appeal to the clerk of the board of supervisors within ten (10) calendar days. If a hearing officer has been appointed in accordance with Section 9.06.085, the appeal shall be heard by the hearing officer; otherwise the appeal shall be heard by the board of supervisors. The board of supervisors or hearing officer, as applicable, shall consider the matter de nova, and may affirm, reverse, or modify the determination of the director. The decision of the board of supervisors or hearing officer, as applicable, shall be final and conclusive.

(G) The cultivation of marijuana, in any amount or quantity upon any premises is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this chapter, unless the premises contains a permitted residential use. For purposes of this subdivision, “permitted residential use” shall mean actual residential use of the premises that is conducted in a residential structure or manufactured home on a permanent foundation for which a final certificate of occupancy has been issued in accordance with Title 15 of the Tehama County Code.

(H) The cultivation of marijuana, in any amount or quantity upon any premises, in connection with any “commercial cannabis activity,” as defined in the Medical Cannabis Regulation and Safety Act, or any “commercial marijuana activity,” as defined in the Adult Use of Marijuana Act, or by any licensee or person required to obtain a license under either statute, is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this chapter.

(I) No person owning, leasing, occupying, or having charge or possession of any premises within the county shall cause, allow, suffer, or permit such premises to be used for the outdoor or indoor cultivation of marijuana plants in violation of this chapter.

MANUFACTURING

BANNED

Please contact your local officials and let them know you oppose the MANUFACTURING BAN.

This information will be updated as progress continues.

Please CALL US if you would like further information or updates on pending legislation .

RETAIL

BANNED

17.09.040 – Prohibition of marijuana dispensaries

  • Notwithstanding any other provision of this Code, the establishment, development, construction, maintenance, or operation of a marijuana dispensary is hereby prohibited, and is not a permitted or conditionally permitted use in any zoning district, even if located within an otherwise permitted use. No person shall establish, develop, construct, maintain, or operate a marijuana dispensary, and no application for a building permit, use permit, variance, or any other entitlement authorizing the establishment, development, construction, maintenance, or operation of any marijuana dispensary shall be approved by the County of Tehama or any officer or employee thereof. (Ord. No. 1957, § 1, 6-28-2011)

17.08.070 – Interim prohibition of establishment or operation of marijuana dispensaries

  • A. Pursuant to Government Code section 65858, and notwithstanding any other provision of this Code, the establishment, development, construction, maintenance, or operation of a marijuana dispensary is hereby prohibited, and is not a permitted use in any zoning district, even if located within an otherwise permitted use. No person shall establish, develop, construct, maintain, or operate a marijuana dispensary, and no application for a building permit, use permit, variance, or any other entitlement authorizing the establishment, development, construction, maintenance, or operation of any marijuana dispensary shall be approved by the County of Tehama or any officer or employee thereof.

Ordinance No. 1924 – Marijuana Dispensary Interim Ordinance

(Ord. No. 1924, § 3, 9-15-2009; Ord. No. 1929, § 4, 10-27-2009; Ord. No. 1946, § 4, 8-31-2010)

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