Tulare County

Regulations for Cannabis Related Commercial Activity

County Description

Tulare County is a county in the U.S. state of California. As of the 2010 census, the population was 442,179. Its county seat is Visalia. The county is named for Tulare Lake, once the largest freshwater lake west of the Great Lakes. Drained for agricultural development, the site is now in Kings County, which was created in 1893 from the western portion of the formerly larger Tulare County.

Tulare County comprises the Visalia-Porterville, CA Metropolitan Statistical Area. The county is located south of Fresno, spanning from the San Joaquin Valley east to the Sierra Nevada.

Political Statistics

County Board of Supervisors

State Senate

CA State Senate (District 8, District 14 and District 16)
Tom Berryhill -REP, Andy Vidak -REP and Jean Fuller -REP

State Assembly

CA State Assembly (District 23 and District 26)
Assembly Member Jim Patterson -REP and Assembly Member Devon Mathis -REP

US Congress

U.S. Congress – House of Representatives- (21st District,22nd District and 23rd District)
David Valadao -REP, Devin Nunes -REP and Kevin McCarthy -REP

US Senators

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

CULTIVATION

APPROVED

6-21-1040 REGULATIONS APPLICABLE TO THE POSSESSION, CONSUMPTION, DISTRIBUTION, TRANSPORTATION, CULTIVATION AND GROWING OF MEDICAL MARIJUANA

  • (b) Distribution of medical marijuana to two (2) or more qualified patients, persons with an identification card or primary caregivers, combined, is unlawful in the unincorporated areas of the County of Tulare unless the distribution is from and within a collective or cooperative pursuant to this Chapter.

5-11. POSSESSION, CONSUMPTION, DISTRIBUTION, TRANSPORTATION, CULTIVATION AND GROWING OF MEDICAL MARIJUANA

5-11-1000 REGULATIONS APPLICABLE TO MEDICAL MARIJUANA

  • 9. Maximum of ninety-nine (99) plants. The individual, collective or cooperative cultivation of more than ninety-nine (99) marijuana plants, whether mature or immature, is a prohibited use in all zones of the County.
  • 10. Maximum of twenty-four (24) plants except where collective or cooperative is allowed. The individual, collective or cooperative cultivation of more than twenty-four (24) marijuana plants, whether mature or immature, shall occur only in zones where collective or cooperative cultivation is permitted pursuant to Tulare County Ordinance No. 352, the Zoning Ordinance of Tulare County.
  • 11. Distribution of medical marijuana to two (2) or more qualified patients, persons with an identification card or primary caregivers, combined, is unlawful in the unincorporated areas of the County of Tulare unless the distribution is from and within a collective or cooperative pursuant to Part VI, Chapter 21, pertaining to medical marijuana collective and cooperative business licenses.
  • 12. Patient cultivation. For qualified patients and persons with an identification card, the following shall apply: each qualified patient or person with an identification card may maintain up to six (6) mature or twelve (12) immature marijuana plants, and possess no more than eight (8) ounces of dried marijuana, or as otherwise recommended by a doctor in accordance with Section 11362.77, subject to the limits specified in this Chapter. Cultivation of plants shall be within the main structure, shall not be visible from the public domain, shall be secured, and plants shall not be transported in or out of the main structure. Consumption shall be limited to the main structure and shall be prohibited in any accessory structure and residue smoke or smell related to marijuana shall not invade adjacent properties or public areas.
  • 13. Primary caregiver cultivation. For primary caregivers of two (2) more patients, the following shall apply: each primary caregiver may maintain up to six (6) mature or twelve (12) immature marijuana plants, and possess no more than eight (8) ounces of dried marijuana, or as otherwise recommended by a doctor, for each qualified patient or person with an identification card in accordance with Section 11362.77, subject to the limits specified in this section and this Chapter. The primary caregiver must not maintain marijuana plants or possess dried marijuana in amounts that exceed the limits for each qualified patient or person with an identification card, factoring in the amounts already maintained or possessed by the qualified patients or persons with an identification card. Cultivation of plants shall be within the main structure and plants shall not be transported in or out of the main structure and said structure shall meet the requirements of this subparagraph (d).

(Added by Ord. No. 3396, effective 12-10-09)

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

APPROVED

6-21. MEDICAL MARIJUANA BUSINESS LICENSE: REGULATION OF POSSESSION, CONSUMPTION, DISTRIBUTION, TRANSPORTATION, CULTIVATION AND GROWING

6-21-1030 REQUIREMENT OF AND APPLICATION FOR COUNTY LICENSE

  • (a) Medical marijuana collectives and cooperatives are required to obtain a business license to operate within the unincorporated area of the County of Tulare. The license procedure shall be as set forth in Part VI, Business Regulations and Licenses, Chapter 1, Licensing and Regulation of Business Operations, of this Code and in addition, shall be subject to the specific requirements as set forth in this Chapter and as may be established by State and Federal regulations and the Attorney General of the State of California guidelines issued pursuant to Health and Safety Code Section 11362.81, as amended.

6-21-1040 REGULATIONS APPLICABLE TO THE POSSESSION, CONSUMPTION, DISTRIBUTION, TRANSPORTATION, CULTIVATION AND GROWING OF MEDICAL MARIJUANA

  • (c)There is a limit of three (3) collectives or cooperatives, combined, allowed in the unincorporated areas of the County of Tulare.
  • (e) Maximum of ninety-nine (99) plants. The individual, collective or cooperative cultivation of more than ninety-nine (99) marijuana plants, whether mature or immature, is a prohibited use in all zones of the County.
  • (f) Maximum of twenty-four (24) plants except where collective or cooperative is allowed. The individual, collective or cooperative cultivation of more than twenty-four (24) marijuana plants, whether mature or immature, shall occur only in zones where collective or cooperative cultivation is permitted pursuant to Tulare County Ordinance Code No. 352, the Zoning Ordinance of Tulare County.
  • (i) Collective or cooperative cultivation and distribution. Collectives and cooperatives shall be confined to the zones indicated in Section 15.3 of Tulare County Ordinance No. 352 and shall comply with the provisions of Tulare County Ordinance No. 352. Collectives and cooperatives shall be subject to the following requirements:
    • (1) Any requirements set forth in local or state laws, ordinances, resolutions or regulations.
    • (2) Cultivation of medical marijuana at a collective or cooperative must occur solely by the member qualified patient(s), person(s) with an identification card, or primary caregiver(s). No employees, independent contractors, or other persons may be utilized for the cultivation except pursuant to Health and Safety Code Section 11362.765, as amended. Collectives and cooperatives may not purchase from other entities, and may not sell or distribute medical marijuana to anyone other than a qualified patient, person with an identification card, or their primary caregiver, who is a member of the same collective or cooperative.
    • (3) No compensation or sales – Distribution only among members. No member of a collective or cooperative may compensate any other member to cultivate on its behalf except pursuant to Health and Safety Code Section 11362.765(c), as amended. All distribution of the cultivated marijuana shall be solely among members of the association and shall be without compensation except pursuant to Health and Safety Code Section 11362.765(c). Nothing in this subsection shall be deemed to prevent a primary caregiver from subsequently providing the cultivated marijuana to one of his or her qualified patients who is part of the same collective or cooperative.

(Added by Ord. No. 3396, effective 12-10-09)

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