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Manteca pot growers must have permits starting Sept. 14

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POSTED August 21, 2017 1:22 a.m.

Anyone growing marijuana for recreational or medicinal purposes in Manteca starting Sept. 14 will be required to obtain a permit from the City of Manteca.

It is one of a number of changes the City Council adopted involving the city’s adult marijuana use ordinance. The changes were passed on the first reading on July 18 and then again in a second reading on Aug. 15. The rules legally take effective 30 days after the second reading which is Sept. 14.

The passage of Proposition 64 by California voters made it legal for those 21 and over to grow and smoke marijuana, but it’s not a carte blanche right. The city ordinance still makes it illegal — even for those 21 and older — to smoke or ingest marijuana products in any public place.

The city ordinance essentially imposes zoning conditions on how the personal cultivation of marijuana can take place. As such, it treats marijuana as it would any other allowable use under the zoning code by delineating rules to protect public health and safety in the context of property use.  Violation of the ordinance is a misdemeanor.

The ordinance changes that go into effect Sept. 14 are as follows:

uNo person shall grow marijuana on any property unless they first secure a permit from the Community Development Department and pay fees that may be required and set forth by resolution of the City Council. The decision was made not to have such permits filed with the police department for two reasons: It is a property use issue and city leaders didn’t want people to be hesitant about seeking permits.

uNo more than six marijuana plants — immature or mature — will be permitted for indoor cultivation.

uIt is illegal to grow marijuana outdoors.

uMarijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation must be kept in a locked space in the grounds of the private residence and not visible from the public right-of-way.

uThe marijuana cultivation area shall not create a nuisance or adversely affect the health, welfare or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, excess traffic, vibration, or other impacts or may be hazardous due to use or storage of materials, processes, products, or wastes.

uBuilding officials may require additional specific standards to meet the California Building Code and Fire Code including but not limited to installation of fire suppression sprinklers.

uThe marijuana cultivation area must be in compliance with the current adopted edition of the California Building Code including natural ventilation or mechanical ventilation.

uThe residence where the marijuana is grown shall include a fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower. The premises shall not be used primarily or exclusively for marijuana cultivation.

uThe authorized grower shall reside full-time in the residence where the marijuana cultivation occurs.

uThere will be no exterior visibility or evidence of marijuana cultivation outside the private residence as seen from a public right-of-way and that includes light emanating from cultivation lighting.

uIt is prohibited to use products such as CO2, butane, methane, or any other flammable or non-flammable gas for marijuana cultivation or processing.

uThe marijuana cultivation area shall be located indoors within a fully enclosed and secured structure and not exceed 50 square feet or exceed 10 feet in height, It cannot come within 12 inches of the ceiling or any cultivation lighting. Cultivation in a greenhouse is permitted on the property that is not part of the house as long as it is fully enclosed and not visible form a public right-of-way.

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