Yuba County

Regulations for Cannabis Related Commercial Activity

County Description

Yuba County is a county located in the U.S. state of California. As of the 2010 census, the population was 72,155. The county seat is Marysville. Yuba County is included in the Yuba City, CA Metropolitan Statistical Area, which is also included in the Sacramento-Roseville, CA Combined Statistical Area. The county is located in California’s Central Valley along the Feather 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- (3rd District)
Senator John Garamendi – DEM

US Senators

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

CULTIVATION

BANNED

MARIJUANA CULTIVATION ORDINANCE NO. 1542 (Effective April 28, 2015)

Summary Provisions of Urgency Ordinance #1542 adopted April 28, 2015

7.40.300 Cultivation Restrictions

  1. Outdoor cultivation on any Parcel is prohibited.
  2. Cultivation within a Dwelling or any other structure used or intended for human habitation is prohibited.
  3. Cultivation of more than twelve (12) marijuana plants on any Parcel is prohibited. The foregoing limitation shall be imposed regardless of the number of qualified patients or primary caregivers residing on the Parcel 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
  4. All persons and entities engaging in the cultivation of marijuana shall:
    1. Have a legal water source on the Parcel;
    2. Not engage in unlawful or unpermitted surface drawing of water for such cultivation; and
    3. Not permit illegal discharges of water from the parcel.
  5. Marijuana cultivation shall not adversely affect the environment or the public health, safety, or general welfare by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, or vibration, by the use or storage of plant or animal poisons, or hazardous materials, processes, products or wastes, or by any other way.
  6. Applicants seeking authorization to cultivate marijuana on parcels where active Code Enforcement violations of any provision of the Yuba County Ordinance Code exist shall first correct Code violations prior to cultivating marijuana.

7.40.310 Cultivation Requirements

  1. Cultivation may only occur on a Parcel improved with an occupied, legally established, Dwelling in conformance with this Chapter. The cultivation shall be contained within the Defined Area of Cultivation in one, single, residential accessory structure affixed to the real property that:
    1. Meets the definition of “Indoor;”
    2. That is located on the same Parcel as the Dwelling of a qualified patient(s) or a primary caregiver(s); and
    3. That complies with all of the provisions of the Yuba County Code relating to accessory structures including, but not limited to, the County’s Development Code in Title XI, and construction codes in Title X of the Yuba County Ordinance Code. Where the provisions of this Chapter are more restrictive than other portions of the Yuba County Code the provisions of this Chapter shall govern.

7.40.320 Accessory Structures

  1. Accessory structures used for the cultivation of marijuana shall meet all of the following criteria:
    1. The accessory structure, regardless of size, shall be legally constructed with all applicable development permits including, but not limited to, grading, structural, electrical, mechanical and plumbing approved by the applicable authorities prior to any cultivation activity. The conversion of any existing accessory structure, or portion thereof, for cultivation shall be subject to these same permit requirements and must be inspected for compliance by the applicable authorities prior to any cultivation.
    2. The accessory structure shall not be built or placed within any mandatory setback required by the Yuba County Ordinance Code.
    3. The accessory structure shall be equipped with permanently installed and permitted electricity, and shall not be served by temporary extension cords. Electrical wiring conductors shall be sized based on the currently adopted California Electrical Code with anticipated loads identified.
    4. The accessory structure shall be equipped with a permanently installed and permitted odor control filtration and ventilation system adequate to prevent an odor, humidity, or mold problem within the structure, on the Parcel, or on adjacent parcels.
    5. If the accessory structure is a greenhouse, the panels shall be of glass or polycarbonate and should be opaque for security and visual screening purposes. Where the greenhouse panels are not obscure, the greenhouse shall be screened from view by a solid fence as described in Section 7.40.330.
  2. Structures that are exempt from Building Permits by Yuba County Ordinance Code, Chapter 10.05, shall not be used for the cultivation of marijuana.

7.40.340 Registration Requirements

  1. The cultivation of marijuana  in any quantity  upon any premises  without first registering the cultivation and paying the required fee as listed within Title XIII of this Code is hereby declared to be unlawful and a public nuisance and may be abated in accordance with this Chapter.
  1. The Registration Application shall be prescribed by Yuba County Community Development and Services Agency (CDSA) and shall at a minimum contain the following:
    1. The person(s) owning, leasing, occupying, or having charge or possession of any premises have submitted the required annual registration for the premises to CDSA, and provided all of the following current information and documentation to CDSA:
      1. The name of each person, owning, leasing, occupying, or having charge or possession of the premises;
      2. The name of each qualified patient or primary caregiver 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. A copy of the current valid medical recommendation or State-issued medical marijuana card for each qualified patient identified as required above, and for each qualified patient for whom any person identified as required above is the primary caregiver;
      4. The number of marijuana plants cultivated on the premises; and
      5. Such other information and documentation as the Department determines is necessary to ensure compliance with State law and this Chapter.
    2. The registration shall contain a statement in substantially the following form: By submitting this registration, the property owner and the cultivator, if different, will allow an enforcing officer(s) to enter the property, at a reasonable time, to inspect for compliance with this Chapter.
    3. The registration shall contain a statement, under penalty of perjury, that the information  is true and accurate.
  2. Where the registration application is deemed complete, and no violations or conditions are identified to prohibit marijuana cultivation, a registration number shall be provided to the applicants. The registration number shall be kept with the cultivation and shall be presented to the inspecting officer upon request.
  3. 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.
  4. The Board of Supervisors shall, by Resolution, establish a fee for such annual registration in accordance with all applicable legal requirements.
  5. 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 (50%) of the applicable registration fee. The Director of CDSA may waive the late registration penalty if the failure to timely register was due to reasonable cause and not due to willful neglect.
  1. 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 parcel. Notwithstanding the foregoing, the owner of a Parcel where the cultivator has not obtained a notarized letter shall still be responsible  for  any nuisance that has been determined to exist upon their property. The Department shall prescribe forms for such letters.
  2. No person(s) shall have any vested rights to any authorization, right, or interest under this Ordinance, regardless of whether such person(s) cultivated marijuana prior to the adoption of this Ordinance. Nothing in this section shall be construed to confer a right to cultivate marijuana prior to the actual approval of a registration application by the Department.

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

Measure B, which would enact the “Patients Access to Regulated Medical Cannabis Act,” allowing a certain number of dispensaries based on the county’s population,  was defeated on June 7, 2016 with 55.28% voting against.

CannaBusiness Law has established prominence as a cutting edge leader and pioneer in providing the highest quality legal expertise in the Cannabis industry.

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