Exhibit 1

ARTICLE 9: MEDICAL MARIJUANA: CULTIVATION ANDDISPENSINGSECTION 3-0901 Purpose . . . . . . . 2SECTION 3-0902 Applicability . . . . . . 2SECTION 3-0903 Release of Liability and Hold Harmless . . 2SECTION 3-0904 Medical Marijuana for Personal Use . . . 2SECTION 3-0905 Permit Requirements for Medical MarijuanaCooperatives or Collectives . . . . 4SECTION 3-0906 Medical Marijuana Cultivation for Cooperative orCollective . . . . . . . 8SECTION 3-0907 Definitions . . . . . . . 11 -3-0900 1

Exhibit 1

SECTION 3-0901

PURPOSEThe purpose and intent of this section is to regulate the cultivationand dispensing of medical marijuana in a manner that protects thehealth, safety and welfare of the community. This section is notintended to interfere with a patient’s right to medical marijuana, asprovided for in California Health & Safety Code Section 11362, nor doesit criminalize medical marijuana possession or cultivation byspecifically defined classifications of persons, pursuant to state law.SECTION 3-0902 APPLICABILITYNo part of this ordinance shall be deemed to conflict with federal lawas contained in the Controlled Substances Act, 21 U.S.C. §800 et seq.,nor to otherwise permit any activity that is prohibited under that Actor any other local, state or federal law, statute, rule or regulation.The cultivation, processing and dispensing of medical marijuana in theCity of Arcata is controlled by the provisions of this section of theLand Use Code. Accessory uses and home occupations, where medicalmarijuana is involved shall be governed by the provisions of thissection.SECTION 3-0903 RELEASE OF LIABILITY AND HOLD HARMLESSThe owner and permittee of a medical marijuana cooperative, collectiveor cultivation facility shall release the City of Arcata, and itsagents, officers, elected officials, and employees from any injuries,damages, or liabilities of any kind that result from any arrest orprosecution of cooperative or collective or cultivation owners,operators, employees, or clients for violation of state or federal lawsin a form satisfactory to the Director. In addition, the owner andpermittee of each medical marijuana cooperative, collective orcultivation facility shall indemnify and hold harmless the City of Arcata and its agents, officers, elected officials, and employees forany claims, damages, or injuries brought by adjacent or nearby propertyowners or other third parties due to the operations at the cooperative,collective or cultivation facility, and for any claims brought by anyof their clients for problems, injuries, damages, or liabilities of anykind that may arise out of the distribution, cultivation and/or on- oroff-site use of medical marijuana provided at the cooperative,collective or cultivation facility in a form satisfactory to theDirector.SECTION 3-0904 MEDICAL MARIJUANA FOR PERSONAL USE An individual qualified patient shall be allowed to cultivate medicalmarijuana within his/her private residence. A primary caregiver shallonly cultivate medical marijuana at the residence of a qualifiedpatient for whom he/she is the primary caregiver. Medical marijuanafor personal use shall be in conformance with the following standards:-3-0901 2

Exhibit 1

1. The medical marijuana cultivation area shall not exceed 50 squarefeet and ten feet (10’) in height per residence;a) Medical marijuana cultivation lighting shall not exceed1200 watts;b) The use of gas products (CO

, butane, etc.) for medicalmarijuana cultivation or processing is prohibited;c) Medical marijuana cultivation and sale is prohibited as aHome Occupation. Accessory Uses, medical marijuanacultivation and sales is not considered an accessory use.No sale or dispensing of medical marijuana for personal useis allowed;d) From a public right of way, there shall be no exteriorevidence of medical marijuana cultivation either within oroutside the residence;e) The qualified patient shall reside in the residence wherethe medical marijuana cultivation occurs;f) The qualified patient shall not participate in medicalmarijuana cultivation in any other residential locationwithin the City of Arcata.g) The residence shall maintain kitchen, bathrooms, andprimary bedrooms for their intended use and not be usedprimarily for medical marijuana cultivation;h) The medical marijuana cultivation area shall be incompliance with the current, adopted edition of theCalifornia Building Code §1203.4 Natural Ventilation or§402.3 Mechanical Ventilation (or its equivalent(s)); andi) The medical marijuana cultivation area shall not adverselyaffect the health or safety of the nearby residents bycreating dust, glare, heat, noise, noxious gasses, odor,smoke, traffic, vibration, or other impacts, or behazardous due to use or storage of materials, processes,products or wastes.2. Any proposed medical marijuana cultivation by an individualqualified patient or primary caregiver that does not meet thegrow area standard of Section 3-0904.1 shall require a Zoning Administrator Interpretation of the need for additionalcultivation area. Documentation, such as a physician’srecommendation or verification of more than one qualified patientliving in the residence, shall be submitted with the requestshowing why the cultivation area standard is not feasible. Therequest for Interpretation shall include written permission fromthe property owner. The Zoning Administrator shall review thesubmitted information and make an interpretation. The BuildingOfficial may require additional specific standards to meet theCalifornia Building Code and Fire Code, including but not limitedto installation of fire suppression sprinklers.-3-0901 3