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BOARD OF SUPERVISORS, COUNTY OF LAKE, STATE OF CALIFORNIA ORDINANCE NO.__________

AN ORDINANCE AMENDING CHAPTER 21 OF THE ORDINANCE CODE OF THE COUNTY OF LAKE ADDING ARTICLE 72A: REGULATIONS FOR THE CULTIVATION OF MEDICAL MARIJUANA

THE BOARD OF SUPERVISORS OF THE COUNTY OF LAKE ORDAINS AS FOLLOWS:

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Section 1:

Article 72A is hereby added to the Chapter 21 of the Lake County Code and it shall read as follows: ARTICLE 72A

SEC. 21-72A REGULATIONS FOR THE CULTIVATION OF MEDICAL MARIJUANA

72A.1 Findings and Purpose: (a) In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code section 11362.5, and entitled The Compassionate Use Act of 1996).

(b)

The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances. The Proposition further provides that nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes. The ballot arguments supporting Proposition 215 expressly acknowledged that Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere.

(c)

In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code sections 11362.7 et seq.) to clarify the scope of Proposition 215, and to provide qualifying

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patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified State criminal statutes.

(d)

Health and Safety Code section 11362.83 expressly allows cities and counties to adopt and enforce ordinances that are consistent with Senate Bill 420.

(e)

The Federal Controlled Substances Act, 21 U.S.C. 801 et seq., classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for medical purposes.

(f)

The Countys geographic and climatic conditions, along with the sparse population in many areas of the County provide conditions that are favorable to outdoor marijuana cultivation. The federal Drug Enforcement Administration reports that various types of marijuana plants under various planting conditions may yield averages of 236 grams, or about one-half pound, to 846 grams, or nearly two pounds. The street value of a single Marijuana plant is substantial. Ounce prices for domestically produced high-grade marijuana sold illegally within Northern California are in the $300 range. A single marijuana plant cultivated within the County can thus yield between $2,000 and $9,000 in salable marijuana.

(g)

Proposition 215 and Senate Bill 420 primarily address the criminal law, providing qualifying patients and primary caregivers with limited immunity from state criminal prosecution under certain identified statutes. Neither Proposition 215 nor Senate Bill 420, nor the Attorney Generals August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for

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Medical Use adopted pursuant to Senate Bill 420, provides comprehensive civil regulation of premises used for marijuana cultivation. The unregulated cultivation of marijuana in the unincorporated area of Lake County can adversely affect the health, safety, and well-being of the County, its residents and environment. Comprehensive civil regulation of premises used for marijuana cultivation is proper and necessary to avoid the risks of violent criminal activity, degradation of the natural environment, malodorous smells, and indoor electrical fire hazards that may result from unregulated marijuana cultivation, and that are especially significant if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana are thereby allowed to be concentrated in one place.

(h)

Cultivation of marijuana at locations or premises in close proximity of schools, churches, parks, child care centers, or youth oriented facilities creates unique risks that the marijuana plants may be observed by juveniles, and therefore be especially vulnerable to theft or recreational consumption by juveniles. Further, the potential for criminal activities associated with marijuana cultivation in such locations poses heightened risks that juveniles will be involved or endangered; therefore, cultivation of any amount of marijuana in such locations or premises is especially hazardous to public safety and welfare, and to the protection of children.

(i)

Marijuana plants, whether cultivated indoors or outdoors, especially as they mature prior to harvest, may produce a distinctive, offensive odor that may be detected far beyond property boundaries.

(j)

The strong smell of marijuana may create an attractive nuisance, alerting persons to the location of valuable plants, and creating a risk of burglary, robbery and armed robbery.

(k)

Marijuana that is cultivated indoors may require excessive use of electricity which may overload standard electrical systems creating an unreasonable risk of fire.

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(l)

As recognized by the Attorney Generals August 2008 Guidelines for the Security and NonDiversion of Marijuana Grown for Medical Use, the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime.

(m)

It is the purpose and intent of this Article to implement State law by providing a means for regulating the cultivation of medical marijuana in a manner that is consistent with State law and which balances the needs of medical patients and their caregivers and promotes the health, safety, and welfare of the residents and businesses within the unincorporated territory of the County of Lake. This Article is intended to be consistent with Proposition 215 and Senate Bill 420, and towards that end, is not intended to prohibit persons from individually, collectively, or cooperatively exercising any right otherwise granted by State law. Rather, the intent and purpose of this Article is to establish reasonable regulations upon the manner in which marijuana may be cultivated, including restrictions on the amount of marijuana that may be individually, collectively, or cooperatively cultivated in any location or premises, in order to protect the public health, safety, welfare and environment in Lake County, and that is in conformance with the provisions of California Health and Safety Code Section 11362.5 through 11362.83.

(n)

The limited right of qualified patients and their primary caregivers under State law to cultivate marijuana plants for medical purposes does not confer the right to create or maintain a public nuisance. By adopting the regulations contained in this Article, the County will achieve a significant reduction in the aforementioned harms caused or threatened by the unregulated cultivation of marijuana in the unincorporated area of Lake County.

(o)

Nothing in this Article shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Article shall

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be deemed a defense or immunity to any action brought against any person by the Lake County District Attorney, the Attorney General of State of California, or the United States of America.

72A.2 Intent: It is the intent of the Board of Supervisors to regulate the cultivation of marijuana for
medical purposes, including but not limited to regulations as to location of the cultivation, number of plants, and the use of fencing or other screening and security structures, to accommodate the needs of qualified patients and/or their caregivers, and in furtherance of the public necessity, convenience and general welfare.

It is also the intent of the Board of Supervisors that nothing in this Article shall be construed to allow persons to engage in conduct that endangers others or causes a public nuisance or to allow the use or diversion of marijuana for non-medical purposes.

72A.3 Applicability: The provisions of this Article shall be applicable to all persons and businesses described herein whether the activities described herein were established before or after the effective date of this Article.

72A.4 Definitions:

(a)

Cultivation: The planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof.

(b)

Fence: means a wall or a barrier connected by boards, masonry, rails, panels, wire or any other materials approved by the Community Development Department for the purpose of enclosing space or separating parcels of land. The term fence does not include retaining walls, plastic, tarp, bamboo coverings, corrugated metal, or other materials not designed or manufactured for use as a fence.

(c)

Indoors: means within a fully enclosed and secure structure that complies with the California Building Standards Code (Title 24 California Code of Regulations), as adopted by the County of Lake, that has a complete roof enclosure supported by connecting walls

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extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as 2" 4" or thicker studs overlain with 3/8" or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.

(d)

Marijuana: shall have the same meaning as that set forth in California Health and Safety
Code Section 11018.

(e)

Medical Marijuana: Medical marijuana that has been recommended by a licensed physician
in strict accordance with California Health and Safety Code Sections 11362.5 through Section [1362.83, inclusive, commonly referred to as the Compassionate Use Act and the Medical Marijuana Program.

(f)

Medical Marijuana Dispensary, or Dispensary: As defined in Section 72.4 (a) of this Chapter.

(g)

Primary Caregiver: Shall have the same definition as California Health and Safety Code Section 11362.7 (d).

(h)

Qualified Patient: Shall have the same definition as California Health and Safety Code Section 11362.7 (f).

(i)

Premises: Includes the actual building, as well as accessory structures, parking areas and other on-site improvements.

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72A.5 Uses Permitted: 1. Cultivation of medical marijuana by a qualified patient or primary caregiver, not to

exceed a total of six (6) mature plants or twelve (12) immature plants is an allowed use on parcels within the R1, SR, RR, RL, A, APZ and TPZ zoning districts. If both mature and immature marijuana plants are cultivated on the premises, there shall be no more than six (6) mature marijuana plants and no more than twelve (12) total marijuana plants. Cultivation authorized by this Section is subject to the following criteria:

(a)

Outdoor cultivation shall be completely screened from public view and the views of adjacent parcels with a fence, and no medical marijuana shall be cultivated or otherwise placed within 15 feet of any property line, as measured from the plant canopies. The fence must include a locking gate which shall be kept locked at all times when the qualified patient or caregiver is not in the immediate area. Fences and gates shall comply with the height limits specified by Section 42.11 of the Zoning Ordinance, and the definition of fence provided in this Article.

(b)

Outdoor cultivation shall not be conducted within 500 feet of any public or private elementary, middle or high school, developed park containing playground equipment, drug or alcohol rehabilitation facility, day care facility, church or youth-oriented facility such as any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominately minors.

(c)

The cultivation is an accessory use to an existing, permitted residential use of the property, and the person or persons engaged in the cultivation must reside at the site. Cultivation on vacant properties is prohibited.

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(d)

The person(s) engaged in the medical marijuana cultivation shall be a verifiable qualified patient or primary caregiver as defined by the California Health and Safety Code.

(e)

A copy of a current and valid physician recommendation or state-issued medical marijuana identification card shall be displayed within the cultivation area, or on the exterior of the building used for an indoor cultivation, in a manner that allows law enforcement officials to easily see the card without having to access any building.

(f)

If the premises are rented, written approval shall be obtained from the property owner that authorizes the tenant or lessee to cultivate medical marijuana at the site, and a copy of the written approval shall be maintained by the tenant or lessee. Written approvals shall be renewed annually.

(g)

If Medical Marijuana is cultivated inside a residence, the following additional criteria shall apply:

1.

The kitchen, bathrooms, and master bedroom shall be maintained for their intended use and not be used for Medical Marijuana cultivation.

2.

The area used for cultivation shall not occupy more than 100 square feet of the residence.

3.

Indoor lighting shall not exceed 1,200 watts and shall conform to all applicable codes.

4.

Indoor cultivation area(s) shall be ventilated for odor control, and shall not create a humidity or mold problem.

(h)

If minors reside on the site, cultivation shall not be conducted within the residence. Minors shall not be involved with assisting in the cultivation.

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(i)

Medical Marijuana cultivation shall not adversely affect the health or safety of nearby residents by creating dust, glare, heat, noise, odor, smoke, traffic, or other impacts, or be hazardous due to use or storage of materials, products or wastes.

(j)

Nothing in this Section shall be construed as a limitation on the County's authority to abate any nuisance which may exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building.

2.

Cultivation of medical marijuana by more than one (1) but not to exceed three (3)

qualified patients or a primary caregiver is an allowed use on parcels within the SR, RR, RL, A, APZ and TPZ zoning districts that are a minimum of one (1) acre and are located outside of any Community Growth Boundary, provided that cultivation does not exceed six (6) mature plants or twelve (12) immature plants per qualified patient and a total of 18 mature or 36 immature plants on the site. If both mature and immature marijuana plants are cultivated on the premises, there shall be no more than six (6) mature marijuana plants and no more than twelve (12) total marijuana plants per qualifying patent and in no case shall the total number exceed 36 plants. Cultivation authorized by this Section is subject to the criteria specified in Section 72A.5 1(b) through (j). Outdoor cultivation authorized by this Section shall be subject to setbacks of thirty (30) feet from property lines and 100 feet from any off-site residence.

72A.6 Uses Permitted Subject to Approval of a Minor Use Permit: Collective or Cooperative Medical Marijuana cultivation sites exceeding the cultivation limits specified in Section 72A.5 but not more than 36 mature or 72 immature plants shall be subject to approval of a Minor Use Permit in each case. If both mature and immature marijuana plants are cultivated on the

premises, there shall be no more than 36 mature marijuana plants and no more than 72 total marijuana plants. The following minimum application and siting requirements and operation standards shall be met:

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(a)

Collective or Cooperative Medical Marijuana cultivation sites shall be located outside of any Community Growth Boundary on property zoned RR, RL, A, APZ or TPZ and shall not be allowed on any parcel less than five (5) acres in size.

(b)

A Collective or Cooperative Medical Marijuana Cultivation site shall not be established within 1,000 feet of any public or private elementary, middle or high school, or within 500 feet of any developed park containing playground equipment, drug or alcohol rehabilitation facility, day care facility, church or youth-oriented facility such as any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominately minors.

(c)

Collective or Cooperative outdoor cultivation areas shall not be located within 300 feet of any off-site residence, nor within 100 feet of a property line. In addition, cultivation areas shall meet the creek setback requirements of the Lake County Grading Ordinance.

(d)

The site shall contain a permitted residence, which shall be inhabited by the permit holder or other member of the collective or cooperative organization engaged in the cultivation.

(e)

The proposed water source for the cultivation shall be identified. If the proposed source is surface water, then the application shall include verification of the legal right to that water source.

(f)

If the site is served by a private road, information concerning how the road is currently maintained, along with a plan specifying how the collective or cooperative will contribute to ongoing road maintenance shall be submitted with the application for minor use permit.

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(g)

A detailed site plan shall be submitted that includes the following information: 1. The location, approximate dimensions and use for all buildings and structures on the parcel, and location and dimensions of parking area. 2. 3. Location and dimensions of all outdoor growing, processing and storage areas. Location of all residential structures on adjoining parcels, including

approximate distance from the proposed cultivation and processing areas to said residences. 4. Location of fencing, screening, and lockable gate(s), and height and type of materials proposed. 5. Location of all public rights-of-way and approximate distance from the proposed cultivation and processing areas. 6. Any other applicable information listed in Section 55.2 of the Lake County Zoning Ordinance. 7. Any other information that is deemed necessary by the Community Development Director in order to complete the application processing.

(h)

The applicant shall provide written verification that each individual participating in the cultivation is a qualified patient or primary caregiver, by any of the following methods:

1.

A copy of a valid government-issued medical marijuana identification card for the applicant and each additional participant; or

2.

A copy of a written recommendation from a physician for the applicant and each additional participant: or

3.

Written documentation that the applicant or each additional participant is a primary caregiver by providing the name and verification of status of each qualified patient for whom the primary caregiver is cultivating medical marijuana, and a statement from each qualified patient identifying the applicant or additional participant as their primary caregiver.

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(i)

If the cultivation will in whole or in part supply members of a cooperative or collective through a Medical Marijuana Dispensary, each member who will be participating in Medical Marijuana cultivation at the site shall submit verification that each is a qualified patient or primary caregiver as defined and is a current member of the collective or cooperative associated with the Medical Marijuana Dispensary.

(j)

Prior to the minor use permit application being deemed complete for processing, the owner and/or operator of the proposed collective or cooperative medical marijuana cultivation site and any employees, volunteers or contractors must pass a criminal history background investigation performed by the Lake County Sheriff, at the applicants expense, and must provide personal affidavits. Any applicant, his or her agent or employees, or any person exercising managerial authority of a cultivation site on behalf of the applicant shall not have been convicted of a felony, or of a misdemeanor involving moral turpitude, or engaged in misconduct related to the qualifications, functions or duties of a permittee. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere

(k)

Applications for minor use permits for Collective or Cooperative Medical Marijuana cultivation sites shall include an Operation Plan that specifies the following: 1. Written project description that includes detailed information including the full name and address of the operator, the property owners name and address. 2. A description of how the cultivation operations will be conducted, including the hours and days of operation proposed. 3. The number of members within the collective or cooperative associated with the cultivation site, and the number of employees that will be involved in the cultivation, processing, storage and distribution. 4. A detailed floor plan, drawn to scale, for any building(s) to be used as part of the cultivation operation.

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5.

Description of measures taken to minimize or offset energy use from any proposed indoor cultivation and/or drying of Medical Marijuana.

6.

A list of fertilizers and any chemicals and in what amounts they will be used and stored on site.

7.

The on-site security systems and methods proposed, including measures for safe storage of medical marijuana, security lighting, fences and other security measures proposed to be used.

8.

Proof of eligibility as a collective or cooperative, such as articles of incorporation, not for profit status, financial and general membership information.

9.

Written evidence of ownership or authorization for use of the proposed site.

72A.7 General Performance and Operational Standards for Collective or Cooperative Medical Marijuana cultivation sites:

(a)

Annual compliance monitoring shall be conducted by the Lake County Sheriffs Office and the Community Development Department, at the permit holders expense. Prior to operation of the cultivation site, the permit holder shall enter into a Compliance Monitoring Inspection Agreement with the Sheriffs Office Community Development Department and shall pay for an initial inspection of the premises. The Agreement shall provide for recovery of costs incurred by the Sheriffs Office County based on the weighted hourly rate(s) of the staff assigned to conduct said inspections. The permit holder shall maintain the following records and shall make said records available to the Lake County Sheriffs Office upon request:

1.

Proof of not-for-profit status. Any compensation for the permit holders time shall be consistent with Federal Income Tax laws for reasonable

compensation. No medical marijuana collective or cooperative cultivation site shall be operated for profit. The operator may receive compensation for actual

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expenses, including reasonable compensation for services provided, or for payment of out-of-pocket expenses incurred in providing those services. However, any such collective or cooperative organization shall pay applicable sales tax on such sales and maintain the applicable sellers permit or similar permit from the State Franchise Tax Board or other applicable agency. 2. A current registry of employees and any contractors and/or volunteers, who are engaged in the cultivation operation, all of whom shall be subject to passing background investigations as specified in Section 72A.6(j) of this Article. The registry shall be provided to the Sheriff at any time upon request. The registry shall include the name, current residential address, telephone number, date of birth and the height, weight and color of eyes and hair of each such person.

(b)

The permit holder shall maintain a not-for-profit status, and any compensation for the operators time shall be consistent with Federal Income Tax laws for reasonable compensation. Medical Marijuana cultivation sites shall not be operated for profit.

(c)

The minor use permit shall be valid for an initial term of two (2) years, and may be renewed every two (2) years thereafter, provided that the operation remains in compliance with the applicable provisions of this Article and Chapter, and any applicable state laws. Applications for renewal must be filed prior to the expiration date of the existing permit, and are subject to processing fees of 50% of the fee in effect for a minor use permit at the time of application for renewal.

(d)

Medical marijuana shall only be cultivated for the members of the collective or cooperative associated with the cultivation site. permitted. No distribution to non-members is

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(e)

A collective or cooperative medical marijuana cultivation site may cultivate and possess marijuana at its facility only in the collective amount that each qualified patient or primary caregiver who is a current member of the cooperative or collective associated with the Medical Marijuana Dispensary is allowed to possess under California Health and Safety Code Section 11362.77, as may be amended from time to time. However, in no case shall the total number of plants exceed 36 mature or 72 immature, and the amount of processed marijuana in possession at the collective or cooperative cultivation site shall not exceed 15 pounds, unless specifically authorized by the minor use permit and additional security measures have been approved.

(f)

The permit holder shall require any person entering the designated cultivation area to provide verification of the individuals status as a current member of the collective or cooperative associated with the cultivation site, and shall also verify the individuals identity by way of a government issued photographic identification.

(g)

For indoor cultivation an exhaust and air filtration system shall be utilized to prevent off-site odors.

(h)

The permit holder shall maintain membership records on-site or have them reasonably available for the permit holders use that provide written verification of each individual member's status as a qualified patient or primary caregiver. Subject to HIPAA regulations, this shall be done by any of the following methods:

1.

Written documentation establishing that the permit holder has confirmed that the individual member has a valid government-issued medical marijuana identification card, with a copy of the medical marijuana identification card included in the membership records; or

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2.

Written documentation establishing that the permit holder has confirmed the individual member has a recommendation from a physician by obtaining a written copy of that recommendation and including it in the membership records; or

3.

Written documentation establishing that the permit holder has confirmed the individual's primary caregiver status by making personal contact with the qualified patient and has confirmed the status of the qualified patient.

(i)

The permit holder shall track when individual member's medical marijuana recommendations, designations of primary caregivers, and/or identification cards expire.

(j)

The permit holder shall enforce conditions of membership by excluding from membership individuals whose identification cards, physician recommendations, and/or designations of primary caregiver status are invalid or have expired, or who have diverted marijuana to non-members and/or for non-medical use.

(k)

All drying, weighing, packaging and labeling of medical marijuana produced on site shall be conducted within a designated area and/or building(s) on site.

(l)

Dispensing of medical marijuana produced on site shall not be conducted from an off site premise unless said premise is an approved dispensary regulated under Article 72 of the Lake County Code.

72A.8 Grounds for Revocation or Denial of Minor Use Permit

(a)

Failure to comply with the provisions of this Article shall be grounds for permit revocation or denial of a permit extension.

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(b)

Filing of an application for a minor use permit for a collective or cooperative medical marijuana cultivation site after the unpermitted commencement of said cultivation has already begun shall be grounds for denial of the permit by the Zoning Administrator. Any operation of a cultivation site while a minor use permit application is being processed by the County shall also be grounds for denial.

72A.9 Nuisance Declared; Cultivation Restrictions; Misdemeanor Violation The cultivation of marijuana plants in excess of the amounts specified by this Article for individuals and collective or cooperative organizations, either indoors, outdoors, or combination thereof on any premises is hereby declared to be unlawful and a public nuisance that may be abated in accordance with Chapter 13 of the Lake County Code.

Any person, or collective or cooperative organization violating any of the cultivation limitations set forth in this Article, and any collective or cooperative organization failing to obtain permits for their cultivation operations shall be guilty of a misdemeanor, and shall be punishable accordingly. Each person shall be guilty of a separate offense for each and every day of which any violation of the cultivation limits of this Article is committed. 72A.10 Abatement procedures. Whenever the Community Development Director or his or her designee determines that a public nuisance exists (as defined in this Article and/or Chapter 13 of the Lake County Code), he or she, or his or her designee, shall request in writing that the public nuisance be abated within seventy-two (72) hours. If the condition(s) continue beyond that seventy-two (72) hour period, the Community Development Director or his or her designee may set the matter for hearing in accordance with the procedures specified in Chapter 13 of the Lake County Code.

72A.11 Release of the County from Liability: In a form satisfactory to the County of Lake, the Medical Marijuana collective or cooperative cultivation site permittees, operators and employees, the members of collectives and/or cooperatives associated with the cultivation sites

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and the property owner{s) of record for each cultivation site, shall release and hold harmless Lake County, and its agents, officers, elected officials, and employees from injuries, damages, or liabilities of any kind that result from the operations and activities at medical marijuana cultivation sites including, but not limited to, any arrest or prosecution of medical marijuana cultivation site owners, permittees, operators and employees, and the members of collectives and/or cooperatives associated with medical marijuana cultivation sites, for violation of state or federal laws.

72A.12 Indemnification: Each permit issued pursuant to this Article shall have as a condition of the permit, a requirement that the applicant indemnify and hold harmless the County and its Officers, agents, and employees from actions or claims of any description brought on account of any injury or damages sustained, by any person or property resulting from the issuance of the permit and the conduct of the activities authorized under said permit.

72A.13 Liability:

The provisions of this Article shall not be construed to protect the Medical

Marijuana cultivation site owners, permittees, operators and employees, the members of collectives and/or cooperatives associated with Medical Marijuana cultivation site, and the property owner(s) of record for each site from prosecution pursuant to any laws that may prohibit the cultivation, sale, and/or possession of controlled substances. Moreover, cultivation, sale, possession, distribution, and use of marijuana remain violations of federal law as of the date of adoption of the ordinance creating this Section, and this Section is not intended to, and does not protect any of the above described persons from arrest or prosecution under those federal laws. Medical Marijuana cultivation site owners, permittees, operators and employees, the members of collectives and/or cooperatives associated with cultivation sites, and the property owner{s) of record for each cultivation site assume any and all risk and any and all liability that may arise or result under state and federal criminal laws from operation of a Medical Marijuana cultivation site. Further, to the fullest extent permitted by law, any actions taken under the provisions of this

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Section by any public officer or employee of the County of Lake or by Lake County itself shall not become a personal liability of such person or a liability of the County.

72A.14 Conflicts with Other Codes:

If this Article is found to be in conflict with any other

Chapter, Section, Subsection, or Title, the provisions of this Article shall prevail.

Section 2:

Severability of Parts of this Article: It is hereby declared to be the intention of the Board of Supervisors that the sections, paragraphs, sentences, clauses and phrases of this Article are severable, and if any phrase, clause, sentence, paragraph, or section of this Article shall be declared unconstitutional by the valid judgment or decree of court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Article.

Section 3:
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All ordinances or resolutions in conflict herewith are hereby repealed to the extent of such conflict and no further.

Section 4:

This project is exempt from California Environmental Quality Act requirements in that it can be seen with certainty that there is no possibility that the activity in question will have a significant effect upon the environment.

Section 5:

This ordinance shall take effect on the ___ day of _______, 2011. Within fifteen (15) days after adoption of the ordinance, the Clerk to the Board of Supervisors shall at least once in a newspaper of general circulation printed and published in the County of Lake publish a summary of the Ordinance with the names of those supervisors voting for and against the ordinance and the Clerk shall post in the office of the Clerk to the Board of Supervisors a certified copy of the full text of the adopted ordinance along with the names of those supervisors voting for and against the Ordinance.

The foregoing Ordinance was introduced before the Board of Supervisors of the County of Lake on the ___day of ______, 2011, and passed by the by the following vote on the ___day of ______ 2011:

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AYES: NOES: ABSENT OR NOT VOTING: COUNTY OF LAKE ______________________ ATTEST: KELLY F. COX Clerk of the Board of Supervisors By: _______________________ Chair Board of Supervisors

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APPROVED AS TO FORM: ANITA L. GRANT County Counsel By: _______________________

APPROVED AS TO FORM: Community Development Department

By: _______________________

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