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Nevada Laws and Penalties

Marijuana is a Schedule I hallucinogenic substance under rule by the Nevada State Board of Pharmacy as authorized by the Nevada Uniform Controlled Substances Act.

  • Nevada Rev. Stat. § 453.146 Web Search
Possession for Personal Use

Fifty-five percent of Nevada voters approved Question 2 in November 2016, which permits adults who are not participating in the state’s medical cannabis program to legally possess personal use quantities of cannabis (up to one ounce and/or up to 3.5 grams of concentrate). Under the law, adults may also grow up to six marijuana plants, and they may possess all of the harvest from those plants, if they reside 25 miles or more away from an operating marijuana retailer. Public use/display of marijuana is still subject to civil penalties. The law took effect on January 1, 2017.

The possession of greater quantities of marijuana remains subject to criminal penalties.

Possession or use of marijuana in public is a criminal misdemeanor, punishable by a maximum fine of $600.

As of October 1, 2021, those under the age of 21 who are convicted of possessing one ounce of less of marijuana are guilty of a misdemeanor, punishable by community service. Upon completion of these terms, the court shall seal the subject’s record.

Upon completion of these terms, the court shall seal the subject’s record.

Sale/Delivery

Sale or delivery of less than 100 pounds of marijuana is a category D felony punishable by a minimum of 1 and maximum of 4 years imprisonment and fine up to $5,000 for the first offense. A second offense is a category C felony punishable by a minimum of 1 and maximum of 5 years imprisonment and fine up to $10,000. A third or subsequent offense is a category B felony punishable by a minimum of 3 and maximum of 15 years imprisonment and a fine up to $20,000. Sale or delivery of 100 pounds or more but less than 2,000 pounds of marijuana is a category C felony punishable by a minimum of 1 year and maximum of 5 years imprisonment and a fine up to $25,000. Sale or delivery of 2,000 pounds or more but less than 10,000 pounds is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $50,000. Sale or delivery of 10,000 pounds or more is a category A felony punishable by life with the possibility of parole after a minimum of 5 years has been served, or for a definite term of 15 years with possibility for parole after a minimum of 5 years has been served, and a fine up to $200,000.

  • Nevada Rev. Stat. § 193.130 Web Search
  • Nevada Rev. Stat. § 453.321 Web Search
  • Nevada Rev. Stat. § 453.337 Web Search
  • Nevada Rev. Stat. § 453.339 Web Search

Selling marijuana to a minor is a category A felony punishable by life with the possibility of parole after a minimum of 5 years has been served, or for a definite term of 15 years with possibility for parole after a minimum of 5 years has been served, and a fine up to $20,000. The person may additionally be responsible for paying for the costs of the minor’s drug treatment costs.

  • Nevada Rev. Stat. § 453.334 Web Search
Cultivation

Question 2 permits adults who are not participating in the state’s medical cannabis program to legally grow up to six marijuana plants, and to possess all of the harvest from those plants, if they reside 25 miles or more away from an operating marijuana retailer. No residence may have more than 12 plants at any one time. The law took effect on January 1, 2017.

Cultivation of 12 plants or more is a category E felony punishable by a minimum of 1 year and maximum of 4 years imprisonment and a fine up to $5,000.

Cultivation of 100 pounds or more but less than 2,000 pounds of marijuana is a category C felony punishable by a minimum of 1 year and maximum of 5 years imprisonment and a fine up to $25,000. Cultivation of 2,000 pounds or more but less than 10,000 pounds is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $50,000. Cultivation of 10,000 pounds or more is a category A felony punishable by up to life imprisonment and a fine up to $200,000.

  • Nevada Rev. Stat. § 193.130 Web Search
  • Nevada Rev. Stat. § 453.339 Web Search
  • Nevada Rev. Stat. § 453.3393 Web Search
Hash & Concentrates

Question 2 permits adults who are not participating in the state’s medical cannabis program to legally possess up to 3.5 grams of concentrate. Possession of greater quantities is subject to criminal penalties.

  • Nevada Rev. Stat. § 453.096 Web Search
Paraphernalia

Question 2 permits adults to manufacture, possess, use, transport, or purchase marijuana paraphernalia, or to distribute or sell marijuana paraphernalia to a person who is 21 years of age or older.

Sale or delivery of paraphernalia to a minor by an individual aged 18 years or older who is at least 3 years older than the minor is a category C felony punishable by minimum of 1 year and maximum of 5 years imprisonment and a fine up to $10,000. The offender may also be ordered to pay restitution to the minor for treatment costs.

  • Nevada Rev. Stat. § 193.130 Web Search
  • Nevada Rev. Stat. § 193.150 Web Search
  • Nevada Rev. Stat. § 453.560 Web Search
  • Nevada Rev. Stat. § 453.562 Web Search
  • Nevada Rev. Stat. § 453.566 Web Search
Sentencing

The court may suspend proceedings against persons who are charged with first time possession or use offenses after a finding of guilty and instead impose conditional probation which will include either a drug education or treatment program. Upon successful completion of the terms of the probation, the proceedings against the defendant will be dismissed.

  • Nevada Rev. Stat. § 453.3363 Web Search

First time offenders may be eligible for probation, but probation is generally not allowed for second or subsequent offenses.

  • Nevada Rev. Stat. § 453.321(3) Web Search

Misdemeanor sentences may be replaced in part or whole by community service.

  • Nevada Rev. Stat. § 193.150 Web Search
Forfeiture

Vehicles and other property may be seized for controlled substance violations. The state has 60 days after seizure to file a forfeiture proceeding. They must notify all those who have an interest in the property. A person with an interest in the property must file a response within 20 days of service.

  • Nevada Rev. Stat. §§ 179.1164 – 179.1171 Web Search
  • Nevada Rev. Stat. § 453.301 Web Search
Miscellaneous
Knowingly maintaining a structure used for drug offenses

Opening or maintaining a place for the purpose of selling, giving away, or using marijuana is a category B felony punishable by a minimum of 1 year and maximum of 6 years imprisonment and a fine up to $10,000. A second offense of this type or a first offense of this type if the offender had a previous drug-related felony is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $20,000.

  • Nevada Rev. Stat. § 453.316 Web Search
Controlled substances homicide

If marijuana proximately causes the death of a person, the person who delivered the marijuana to him may be guilty of murder.

  • Nevada Rev. Stat. § 453.333 Web Search
Civil penalties

The state of Nevada is entitled to civil penalties recoverable from certain marijuana offenders. If the amount involved was 100 pounds or more but less than 2,000 pounds, the state is entitled up to $350,000. If the amount was 2,000 pounds or more but less than 10,000 pounds, the state is entitled up to $700,000. If the amount was 10,000 pounds or more, the state is entitled to $1,000,000.

  • Nevada Rev. Stat. § 453.5531(1) Web Search
Driver’s license suspension

If a child is adjudicated delinquent for the unlawful act of using, possessing, selling or distributing a controlled substance… the juvenile court shall: (a) if the child possesses a driver’s license, issue an order suspending the driver’s license of the child for at least 90 days but not more than 2 years.

  • Nevada Rev. Stat. § 62E.630 Web Search
More Information
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

EXPUNGEMENT

This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.

Legalization

Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.

Nevada County Medical Marijuana Cultivation, Measure S (November 2014)

A Nevada County Medical Marijuana Cultivation, Measure S ballot question, also known as the Safe Cultivation Act of Nevada County, was on the November 4, 2014 election ballot for voters in Nevada County, California. It was defeated.

If approved, Measure S would have overturned the county’s Ordinance 2349 – enacted in May 2012 to regulate and restrict the medical marijuana cultivation in the county – and replaced it with new provisions to regulate cannabis growers. [1] [2]

Supporters of Measure S argued that the county’s ordinance imposed unreasonable restrictions and was unenforceable, while Measure S provisions would have allowed for enforcement, safe and nuisance-free marijuana grows and accessible, convenient access to cannabis for patients. [3]

Opponents claimed that Measure S would have taken a liberal and lax set of restrictions and make them even more liberal, doing away with provisions necessary to keep the county free of marijuana-related violence, noise and odor nuisances and drug abuse. [3]

Election results

Nevada County Measure S
Result Votes Percentage
d No 25,664 66.41%
Yes 12,980 33.59%

Provisions

According to a study published by The Union, the following table shows the differences between the county’s Ordinance 2349, which would continue to regulate medical marijuana if Measure S is rejected, and Measure S, which would replace Ordinance 2349 if approved: [4]

Comparison of current Nevada County Ordinance 2349 to proposed Citizen-Initiated Measure S
Council Ordinance 2349 Citizen-initiated Measure S
requires cannabis to be kept out of sight and smell suggests filters to control smell
allows cultivation at a patient’s or caregiver’s primary residence only allows cultivation anywhere occupied by at least one patient or caregiver and allows collective operator to be paid (“occupy” not defined)
allows a maximum 100 sq. ft. grow area indoors in residential areas allows 100 sq. ft. grow area for single-occupancy indoor location and 200 sq. ft. grow area for multiple-occupancy indoor area in R-1, R-2 and R-3 residential areas
allows 75 sq. ft. grow area or 6 plants on outdoor plots greater than 2 acres in residential areas no outdoor sq. ft. restriction; allows 12 immature plants or 6 mature plants outdoors and 12 plants in greenhouse R-1, R-2 and R-3 residential areas
for areas zoned for agriculture (AG, AE), Forest Reserve (FR) or Timber Production (TPZ), 100 sq. ft. allowed indoors or 150 sq. ft. outdoors on parcels less than 2 acres for areas zoned for agriculture (AG, AE), Forest Reserve (FR) or Timber Production (TPZ), 100 sq. ft./patient allowed indoors (max 200 sq. ft.) or max of 24 immature/18 mature plants outdoors on parcels less than 5 acres
for areas zoned for agriculture (AG, AE), Forest Reserve (FR) or Timber Production (TPZ), 100 sq. ft. indoors or 300 sq. ft. outdoors on 2-5 acre parcels for areas zoned for agriculture (AG, AE), Forest Reserve (FR) or Timber Production (TPZ), 100 sq. ft./patient indoors (max 300 sq. ft.) or max of 36 immature/24 mature plants outdoors on 5-10 acres of land
for areas zoned for agriculture (AG, AE), Forest Reserve (FR) or Timber Production (TPZ), 100 sq. ft. indoors or 400 sq. ft. outdoors on 5-10 acre parcels for areas zoned for agriculture (AG, AE), Forest Reserve (FR) or Timber Production (TPZ), 100 sq. ft./patient indoors (max 400 sq. ft.) or max of 48 immature/36 mature plants outdoors on 10-20 acres of land
for areas zoned for agriculture (AG, AE), Forest Reserve (FR) or Timber Production (TPZ), 100 sq. ft. indoors or 600 sq. ft. outdoors on 10-20 acre parcels for areas zoned for agriculture (AG, AE), Forest Reserve (FR) or Timber Production (TPZ), 100 sq. ft./patient indoors (max 500 sq. ft.) or max of 60 immature/48 mature plants outdoors on 20-30 acres of land
for areas zoned for agriculture (AG, AE), Forest Reserve (FR) or Timber Production (TPZ), 100 sq. ft. indoors or 1,000 sq. ft. outdoors on 20+ acre parcels for areas zoned for agriculture (AG, AE), Forest Reserve (FR) or Timber Production (TPZ), 100 sq. ft./patient indoors (max 600 sq. ft.) or max of 99 immature/60 mature plants outdoors on 30+ acres of land
All cultivation prohibited in all other zones, including airport, commercial, business-park, office-professional, SDA, industrial, rural or estate No restrictions on cultivation in all other zones, including airport, commercial, business-park, office-professional, SDA, industrial, rural or estate
Restrictions for areas zoned for residential use apply to areas zoned for Residential-Agricultural (R-A) – See above Restrictions for areas zoned for agriculture (AG, AE), Forest Reserve (FR) or Timber Production (TPZ) apply to areas zoned for Residential-Agricultural (R-A) – See above
requires continuous, unbroken cultivation area per property/parcel allows cultivation areas to be broken up on any given property/parcel
prohibits terracing – requires growing area to be on a flat surface allows terracing – does not restrict growing area to a flat surface
requires sight-obscuring fence of 6-8 feet with a locked gate around growing area encourages use of greenhouse to obscure view & for safety
requires lights to be shielded, turned downward and to stay inside of parcel boundaries – no outdoor lights allowed prohibits lights from disturbing neighbors
prohibits marijuana plants from being visible from roads or to exceed the height of required fence prohibits marijuana seeds, leaves or flowers from being visible to public from ground level view
1,000 ft. minimum buffer from schools, churches, parks, daycare centers, school bus stops and youth facilities 600 ft. minimum buffer from schools, churches, parks and daycare and children facilities
for areas zoned for agriculture (AG, AE), Forest Reserve (FR) or Timber Production (TPZ), cultivation must be between 100 and 300 ft from neighboring residences or outdoor living areas for areas zoned for agriculture (AG, AE, R-A), Forest Reserve (FR) or Timber Production (TPZ), cultivation must be 200 ft. from exterior wall of adjacent residence
for residential areas, including areas zoned for Residential-Agriculture, 100-200 ft. minimum buffer from adjacent residence for residential areas, 100 ft. minimum buffer from closest exterior wall of adjacent residence
cultivators on rental land must have written permission from landlord no restrictions regarding rental land
marijuana-related changes to electrical or plumbing systems requires county permit marijuana-related changes to electrical or plumbing systems must follow county construction codes
requires posting of State Medical Marijuana ID, Dr. recommendation and landlord’s permission letter outside cultivation area requires posting of State Medical Marijuana ID and Dr. recommendation inside cultivation area
has rules concerning enforcement, public nuisance notices and abatement has no such rules
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Text of measure

Ballot question

The question on the ballot: [5]

Shall medical marijuana cultivation in Nevada County be allowed to expand by amending the County’s General Code to (a) increase the allowed sizes of cultivation areas; (b) reduce or eliminate setback requirements between cultivation areas and adjacent residences and sensitive uses; and (c) eliminate various marijuana cultivation regulations and restrictions related to nuisance control? [6]

Impartial analysis

The following impartial analysis was provided for Measure S by the office of the county counsel: [1]

If adopted by a majority of the voters, this initiative would repeal existing County regulations as contained in Nevada County Ordinance No. 2349 and establish new regulations regarding the size, location and manner in which medical marijuana may be cultivated in unincorporated areas of the County. Under the proposed initiative, medical marijuana may be cultivated by a Qualified Patient(s) or a Qualified Caregiver(s) on a legal parcel or premises occupied by at least one such qualified person, whether or not the property is the cultivator’s primary residence. The proposed initiative would protect collectives and cooperatives who comply with these new regulations from civil or criminal prosecution or punishment under local law.

The proposed initiative amends existing law regarding the sizes of cultivation areas by

  • increasing the maximum area allowed for indoor cultivation in all zones;
  • eliminating square footage limitations and increasing the number of plants allowed outdoors for properties over two acres located in R-1, R-2, and R-3 zones;
  • eliminating square footage limitations, using plant counts to establish outdoor cultivation limitations, and increasing the maximum size of indoor and outdoor grow areas on properties in residential-agricultural (RA), agricultural (AG, AE), forest reserve (FR) and timber production zones (TPZ) (new limits range from 24 immature or 18 mature plants on parcels of less than 5 acres to 99 immature plants or 60 mature plants on parcels of 30 acres or more); and
  • eliminating a prohibition against cultivating in all other zones.

The proposed initiative amends existing law regarding the locations of cultivation areas by

  • reducing minimum distances between cultivation areas and adjacent residences;
  • reducing minimum distances between cultivation areas and schools, churches, parks and youth oriented facilities from 1000′ to 600′;
  • eliminating minimum distances between cultivation areas and school bus stops, school evacuation sites, and outdoor living areas on adjacent parcels;
  • eliminating minimum distances in mobilehome parks; and
  • changing the manner in which setbacks are measured.

The proposed initiative amends existing law by redefining the term “marijuana” to include only “usable portions” of the plant (excluding stalks or roots).

The proposed initiative also amends existing law by eliminating marijuana cultivation regulations including:

  • odor control, noise, dust, traffic, glare, noxious gasses, and smoke restrictions;
  • fencing and security requirements;
  • fence and garden height limitations;
  • the requirement that tenants obtain written, notarized consent to cultivate marijuana from the legal parcel owner;
  • restrictions on use and storage of hazardous materials;
  • lighting and glare restrictions; and
  • restrictions on terracing cultivation areas.

A “yes” vote on Measure S is a vote to repeal existing law and to approve the new provisions contained in Measure S.

A “no” vote on Measure S is a vote against repealing existing law and against approving the new provisions contained in Measure S. (quote)

Full text

The full text of the ordinance that would have been enacted by the approval of Measure S is available here.

Support

Supporters

The Americans for Safe Access-Nevada County (ASA) was behind this initiative. [7]

The ASA website listed the following endorsements of Measure S: [7]

  • Veterans for Medical Cannabis Access
  • Kathryn Doolittle, Emma Nevada House
  • Dan Wheat, A to Z Hardware
  • Darin Ferguson, UFCW (United Food & Commercial Workers)
  • Dr. Harvey Bigelsen
  • Moms4MedicalMarijuana
  • Merry Jane’s
  • Stephen Munkelt, Attorney & Law
  • Jeffrey Lake, Attorney & Law
  • Hometown Hydroponics
  • (Christian) Crusaders for Mercy
  • CannabisCuresCancer.Org Info and CO-OP

The Nevada County Democratic Party officially endorsed a “yes” vote on Measure S. [8]

There was an official support website called Yes on Measure S. [9]

Arguments in favor

Supporters argued that Measure S fixes problems with the original county ordinance – Ordinance 2349 – and makes medical cannabis restrictions both safer for the county and more enforceable for the police and sheriff officers, as well as making medical marijuana more accessible for sick people and needy patients. [3]

The Nevada County ASA argued that the county’s ordinance is deliberately impossible to follow. Two of the chief examples of problems with the Ordinance 2349 provided by the ASA are requirements for (1) completely level and flat growing areas and (2) provisions establishing abandoned school bus stops as locations used in minimum setback buffers. The ballot argument in favor of Measure S says, “Measure S solves these flaws with sensible solutions.” [3]

The Yes on Measure S campaign website listed the following ten reasons to vote in favor of Measure S: [9]

  • Because sometimes marijuana is the only medicine that works to relieve seizures, nausea from chemo treatments, and chronic pain without the side effects of opiates.
  • Because Measure S is a sensible solution between the needs of patients and the rights of homeowners.
  • Because a total ban on Outdoor Cultivation is likely if the measure fails.
  • Because moving Collectives to AG-zoned parcels will alleviate the “nuisance” factor in residential neighborhoods.
  • Because we are tired of the government’s overreach into our personal lives.
  • Because marijuana is safer than pharmaceutical drugs. Someone dies every 19 seconds from prescription drugs.
  • Because the County’s Cultivation ordinance discriminates against disabled patients.
  • Because medical marijuana cultivators do not cause environmental damage.
  • Because it will free up law enforcement to go after the illegal growers in our forests who are armed and dangerous.
  • Because the citizens of CA (and Nevada County) voted for Prop 215 to supply safe access to patients in need. [6]

Videos

The following videos in Support of Measure S were released by Measure S supporters:

Nevada County

Regulations for Cannabis Related Commercial Activity

County Description

Nevada County is a county located in the Sierra Nevada of California. As of the 2010 census, the population was 98,764. The county seat is Nevada City. Nevada County comprises the Truckee-Grass Valley, CA Micropolitan Statistical Area, which is also included in the Sacramento-Roseville, CA Combined Statistical Area. It is located in the Mother Lode Country. Created in 1851, from portions of Yuba County, Nevada County was named after the mining town of Nevada City, a name derived from the term “Sierra Nevada.” The word nevada is Spanish for “snowy” or “snow-covered.”

Political Statistics

County Board of Supervisors
  • District 1 Heidi Hall
  • District 2 Ed Scofield
  • District 3 Dan Miller
  • District 4 Susan Hoek
  • District 5 Hardy Bullock
State Senate

CA State Senate

  • Brian Dahle – REP (District 1)
State Assembly

CA State Assembly

    – REP (District 1)
US Congress

U.S. Congress – House of Representatives

  • Doug LaMalfa – REP (District 1) – REP (District 4)
US Senators

U.S. Senators –State of California

  • Alex Padilla (DEM) and Diane Feinstein (DEM)

Helpful Links

Below are links to Nevada County web resources which provide detailed information pertaining to commercial cannabis activities, permit applications, personal use, and medical cultivation.

CULTIVATION

APPROVED

Sec. L-II 3.30 (D) – Nuisance Declared; Cultivation Restrictions

(A) Cannabis Cultivation, either Indoors, Mixed Light or Outdoors, on any Parcel or Premises in an area or in a quantity greater than as provided herein, or in any other way not in conformance with or in violation of the provisions of this Section L-II 3.30, any permit issued pursuant to this Section, and/or state law, is hereby declared to be a public nuisance that may be abated by any means available by law. The provisions of Section L-II 5.19 (Nonconforming Uses and Structures) of the Nevada County Land Use and Development Code shall not apply to Cannabis Cultivation hereby declared to be a public nuisance. No person owning, leasing, occupying, or having charge or possession of any Parcel or Premises within the County shall cause, allow, suffer, or permit such Parcel or Premises to be used for Cannabis Cultivation in violation of the California Health and Safety Code or this Section.

(B) Cannabis Cultivation is prohibited on any Parcel or Premises within the unincorporated territory of Nevada County except on Parcels or Premises with a legally established Residence.

(C) Cannabis Cultivation is hereby prohibited and declared a nuisance pursuant to this Section, except that Cannabis Cultivation may be undertaken in accordance with this Section as follows:

  • On Premises improved with a permanent, occupied, legally permitted Residence.
  • Only by an individual or entity who engages in Commercial Cannabis Cultivation for medical purposes, including operation of a Nursery in accordance with state and local law.
  • By an individual for Personal Use in accordance with Subsection E below and in accordance with state and local law.

(D) Indoor and Mixed-Light Cannabis Cultivation may occur only within a permitted Accessory Structure that meets the requirements of this Section and complies with all applicable provisions of the County’s Land Use and Development Code and which is permitted for purposes of the specified type of Cannabis Cultivation. Cultivation shall not take place in a kitchen, bathroom, bedrooms, common areas or any other space in the structure, which is used as, designed or intended for human occupancy. Structures that are exempt from the requirement to obtain a building permit under the Nevada County Land Use and Development Code may be used for Commercial Cannabis Cultivation if meeting all requirements of the Nevada County Land Use and Development Code for that specific structure. Notwithstanding the above, Cannabis Cultivation for Personal Use may occur inside a private residence, but not in bedrooms or kitchens.

(E) Cultivation of Cannabis is prohibited on any Premises located within the following areas:

  • Upon any Premises located within 1,000 feet of any Sensitive Site. This setback is measured from the edges of the designated Canopy Area and from any Support Area to the property line of the Sensitive Site. 4/15/19 Page 8
  • In any location where Cannabis, or any portion thereof and whether mature or Immature, is visible from the public right-of-way or publicly traveled private roads at any stage of growth.
  • Within any setback area required by this Section.
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(F) All Cannabis Cultivation areas shall comply with the following requirements:

  • All Cannabis Cultivation Premises shall be adequately secure to prevent unauthorized entry, including a secure locking mechanism that shall remain locked at all times when the Cultivator is not present within the Cultivation area.
  • Cannabis Cultivation shall not adversely affect the health, safety, or general welfare of persons at the Cultivation site or at any nearby residence by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, light, or vibration, by the use or storage of hazardous materials, processes, products or wastes, or by any other way. Cannabis Cultivation shall not subject residents of neighboring parcels who are of normal sensitivity to reasonably objectionable odors.
  • All electrical, mechanical, and plumbing used for Indoor or Mixed-Light Cultivation of Cannabis shall be installed with valid electrical, mechanical, and plumbing permits issued and inspected by the Nevada County Building Department, which building permits shall only be issued to the legal owner of the Premises or their authorized agent. The collective draw from all electrical appliances on the Premises shall not exceed the maximum rating of the approved electrical panel for the Parcel. Electrical utilities shall be supplied by a commercial power source. If generators are used for emergency purposes as approved by the Enforcing Officer, all generators shall be located in containment sheds while in use to reduce generator noise to no greater than 50dB as measured at 100 feet from any sensitive habitat or known sensitive species. This is an annual requirement and shall be verified yearly when the ACP is renewed. If conformance is not shown, the permit shall be denied or held in abeyance until the project infraction is brought into conformance with this Section.
  • Cultivation of Cannabis indoors shall contain effective ventilation, air filtration and odorreducing or odor-eliminating filters to prevent odor, mold and mildew in any area used for Cultivation or which is used as, designed or intended for human occupancy, or on adjacent Premises.
  • All structure and site utilities (plumbing, electrical and mechanical) shall comply with the California Building Standards Codes as adopted by the County of Nevada.
  • All lights used for Cannabis Cultivation shall be shielded and downcast or otherwise positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the Premises, and shall comply with the requirements of Section L-II 4.2.8. D. of this Chapter. Lights are not permitted to be detectable during the nighttime hours. If lights are to be used during nighttime hours, black out or light barriers must be used to ensure no light is visible during nighttime hours.
  • Noise levels generated by Cultivation shall not exceed the standards set forth in Table LII 4.1.7 (Exterior Noise Limits) of this Chapter applicable to the Land Use Category and Zoning District for the Premises on which the Cultivation occurs. h. If the persons) engaging in Cannabis Cultivation is/are not the legal owners) of the Parcel, the persons) who is engaging in Cannabis Cultivation on such Parcel shall:
    • give written notice to the legal owners) of the Parcel prior to commencing Cannabis Cultivation on such Parcel, and
    • shall obtain a signed and notarized Nevada County issued authorization form from the legal owners) consenting to the specific Commercial Cannabis Activity for which a local permit and state license are being sought on the Parcel and provide said authorization to Nevada County prior to the commencement of any Cultivation activities and at least annually thereafter. A copy of the most current 4/15/19 Page 9 letter of consent shall be displayed in the same immediate area as designated in the permit and license, in such a manner as to allow law enforcement and other Enforcing Officers to easily see the authorization without having to enter any building of any type. Such authorization must also be presented immediately upon request by an Enforcing Officer.

    (G) Accessory Structures used for Cannabis Cultivation shall meet all of the following criteria:

    • The Accessory Structure, regardless of size, shall be legally constructed in accordance with all applicable development permits and entitlements including, but not limited to, grading, building, structural, electrical, mechanical and plumbing permits approved by applicable federal, state and local authorities prior to the commencement of 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 federal, state and local authorities prior to commencement of any Cultivation Activity. Any Accessory Structure must also be permitted for the specific purpose of Commercial Cannabis Cultivation. Agricultural structures constructed in compliance with the Nevada County Land Use and Development Code may be used for Commercial Cannabis Cultivation if a letter of exemption is issued by the Nevada County Chief Building Official or his/her designee certifying that the structure meets all requirements to receive a letter of agricultural exemption.
    • The Accessory Structure shall not be built or placed within any setback as required by the Nevada County Land Use and Development Code or approved development permit or entitlement.
    • Accessory Structures shall not be served by temporary extension cords. All electrical shall be permitted and permanently installed.
    • Accessory Structures used for Indoor Cultivation shall be equipped with a permanently installed and permitted odor control filtration and ventilation system adequate to prevent any odor, humidity, or mold problem within the structure, on the Premises, or on adjacent Parcels.
    • Any structure used for Indoor Cultivation shall have a complete roof enclosure supported by connecting walls 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″ x 4″ or thicker studs overlain with 3/8″ or thicker plywood, ‘polycarbonate panels, or equivalent materials. Exterior walls must be constructed with non-transparent material. Plastic sheeting, regardless of gauge, or similar products do not satisfy these requirements. 4/15/19 Page 10 8. Where the provisions of this Section are more restrictive than the Nevada County Land Use and Development Code, the provisions of this Section shall govern.

    (H) Nothing herein shall limit the ability of the Enforcing Officer or any other state or local employees or agents from entering the property to conduct the inspections authorized by or necessary to ensure compliance with this Section, or the ability of the Sheriff to make initial inspections or independent compliance checks. The Enforcing Officer is authorized to determine the number and timing of inspections that may be required.

    (I) All Canopy Areas and Support Areas must be adequately secured to prevent unauthorized entry and entry by children and include a locking gate that shall remain locked at all times when a Designated Responsible Party is not present within the Cultivation site. Cannabis or any portion thereof and whether mature or Immature shall not be visible from a public right-ofway.

    (J) Notwithstanding the above, Cannabis Cultivation of up to six (6) Immature or mature plants for Personal Use may be Cultivated inside a private Residence or attached garage except that it may not be Cultivated in any space inhabited by humans, including but not limited to bedrooms and kitchens.

    Sec. G-IV 5.4 – Nuisance Declared; Cultivation Restrictions

    1. Outdoor Marijuana Cultivation in any amount or quantity on property located within the unincorporated territory of Nevada County is hereby prohibited. Cultivation within any detached Accessory Structure that does not meet the definition of Indoor shall be considered Outdoor Cultivation, and is therefore prohibited within the unincorporated area of Nevada County.
    2. Medical Marijuana may be Cultivated only on Legal Parcels located within any area zoned primarily for residential or rural uses (e.g., R-1, R-2, R-3, R-A, AG, AE, FR or TPZ). Medical Marijuana Cultivation shall be limited to twelve (12) Marijuana plants per Legal Parcel, whether mature, immature or seedlings, which are to be kept and cultivated only in one contiguous Indoor Cultivation area. The Indoor Cultivation of Marijuana, in any amount or quantity, on property located in any other zoning district is hereby prohibited.
    3. Commercial Cannabis Activity in any amount or quantity on property located within the unincorporated territory of Nevada County is hereby prohibited.

    Sec. L-II 3.30 (F) – Commerical Cannabis Cultivation

    Except as explicitly allowed in this Section, Commercial Cannabis Activities are prohibited. All Commercial Cannabis Activities must conform to the regulations and requirements set forth in Subsection D, above, in addition to the following regulations and requirements:

    (A) Commercial Cannabis Cultivation is permitted as follows:

    • Commercial Cannabis Cultivation may occur only on Premises with an occupied legally permitted Primary Place of Residence, and only in zones as set forth as follows: a. R-1, R-2, R-3 and R-A (Regardless of General Code Designation) and TPZ: Commercial Cannabis Cultivation is prohibited.
    • AG, AE, FR:
      • Parcels of less than 2.00 acres: Commercial Cannabis Cultivation is prohibited.
      • Parcels 2.00 acres up to 4.99 acres: Indoors:
        • a maximum of 500 square feet of Canopy.
        • Mixed-Light and Outdoors: Commercial Cannabis Cultivation is prohibited.

        (B) The six (6) plants permitted to be Cultivated on any Premises for Personal Use in accordance with this Section and state law may be Cultivated in addition to the amounts allowed for Commercial Cannabis Cultivation by this Section.

        (C) Commercial Cannabis may be Cultivated on Premises with multiple Parcels only if there is direct access from one Parcel to the other. The total Canopy Area shall not exceed that allowed area based on the largest of the Parcel sizes. The total Canopy Area shall not exceed the area of the Parcel used for Cultivation. The total Canopy Area and any Support Area must comply with all setback requirements and may not straddle any Parcel boundary. This provision does not prohibit, for example, location of one Canopy Area on one Parcel and another Canopy Area on an adjacent Parcel as long as setback, total square footage, and other requirements of this Section are met.

        (D) All those engaged in Commercial Cannabis Cultivation in Nevada County must possess and maintain the appropriate Commercial Cannabis licenses) from the State of California. State licenses must cover and allow for the Commercial Cannabis Cultivation activities being conducted in Nevada County.

        (E) The holder of an Annual Cannabis Permit for Commercial Cannabis Cultivation or for NonRemuneration Cultivation in Nevada County may also Transport its own Cannabis from its licensed and permitted Premises to the extent allowed by the permit holder’s State license and State law without obtaining an additional permit from Nevada County. The permit from 4/15/19 Page 12 Nevada County, however, must indicate that such Transport is specifically allowed. In order to engage in Transport of Cannabis or Cannabis products, the permit holder must provide the County with proof of possession of a “Distributor Transport Only” (Self-Distribution only) California State license, as set forth in California Code of Regulations, Title 16, Division 42, Chapter 2, section 5315, allowing for Transport of Cannabis from the Cultivation site as long as said license is necessary under State law. Said State license must be maintained in good standing in order to engage in the Transport of Cannabis in the County of Nevada. Notwithstanding the foregoing, this provision does not authorize the holder of an ACP to Transport Cannabis away from the Cultivation sites of other permit holders.

        (F) Commercial Cannabis Activity in the County of Nevada may only be conducted by individuals and/or entities licensed by the State of California to engage in the activity for which a permit was issued by the County of Nevada. Commercial Cannabis Activities may not commence, and the Nevada County permit is not valid, until the appropriate license is obtained from the State of California.

        (G) A maximum of three (3) Cultivation permits will be issued per person or entity for purpose of engaging in Commercial Cannabis Activities. No person or entity may have any financial interest in more than eight (8) Commercial Cannabis businesses and/or enterprises in Nevada County Cannabis Cooperatives as defined by Business and Professions Code, Division 10, Chapter 22 are exempt from the limitations contained in this Subsection F.7.

        (H) A Primary Caregiver may cultivate no more than five hundred (500) square feet of Canopy per Qualified Patient for up to five (5) specified Qualified Patients for whom he or she is the Primary Caregiver within the meaning of Section 11362.7 of the Health and Safety Code, if said Primary Caregiver does not receive remuneration for these activities except for compensation in full compliance with subdivision (c) of Section 11362.765 of the Health and Safety Code. Cultivation under this provision, however, must otherwise comply with all other regulations applying to Commercial Cannabis Cultivation under this Section.

        (I) Cannabis Support Areas are limited to a maximum area equal to 90% of the allowed Canopy Area. The Support Area boundary shall be clearly identified on any plans that are submitted and on the Premises.

        Sec. L-II 3.30 (G) – Permitting of Commercial and Non-Remuneration Cannabis Activities

        Permitting to engage in Commercial Cannabis Activities or Non-Remunerative Cannabis Cultivation in Nevada County is a two-step process. One must obtain both a land use permit (either a CCP or an ADP) and an Annual Cannabis Permit. The Permitting Authority may issue permits to Applicants meeting the requirements of this Subsection G and this Section.

        (1) Cannabis Cultivation Permit (CCP) requirements are as follows:

        • Canopy sizes of a combined total of up to 2,500 sq. feet (Indoors, Mixed-Light or Outdoors) on the Premises.
        • Compliance with all local CCP permitting requirements is necessary.
        • CCPs are not transferrable or assignable to any other person, entity or property.
        • Applicant must provide the following as part of their application for a CCP:
          • A complete application.
          • A list of all individuals and/or entities with any financial interest in the Commercial Cannabis Activity, including names, addresses, titles, nature and extent of financial interest, and disclosure of all financial interest in any and all Cannabis businesses in the County.
          • Copy of identification acceptable to County, including but not limited to driver’s license or passport.
          • All CCP permits are subject to all of the resource protection standards identified in Section L-II 4.3.3 of this Chapter.
          • A detailed site plan setting forth the intended location of the Canopy Area and any Support Area, detailed description of intended activities, setbacks, descriptions of existing and proposed structures and any other information required to show compliance with this Section. In addition the site plan shall include:
            • All landmark trees, landmark groves and heritage trees and groves as defined in the Nevada County Land Use and Development Code. If such trees exist, the applicant shall indicate that the proposed cultivation sites and any proposed ancillary structures would not require removal of any of the listed trees and that all Cannabis cultivation and Accessory Structures are outside the existing drip line of all trees. If any Cultivation or Accessory Structure would require removal or encroach in the drip line of any trees and the project plans shall be revised to avoid the trees. If any trees or groves are dead, dying, or a public safety hazard as determined by a qualified professional, no further action is required.
            • All Prime Farmland, Unique Farmland, or Farmland of Statewide Importance based on the most recent available mapping provided by the California Department of Conservation (CDOC) Farmland Mapping & Monitoring Program (FMMP) that exist on the project site. If such lands exist, the applicant shall show on the site plan(s) that any proposed Accessory Structure and related improvements (e.g., driveways, staging areas, etc.) have been located on the property in which impacts to mapped farmlands are reduced to the maximum extent practicable. A Management Plan pursuant to LUDC section L-II 4.3.3 shall be required if any Cultivation activities or structures encroach into mapped farmland.

            Secondary access may be waived at the discretion of the Permitting Authority if applicant attests that there will be no special events held on the Premises and that the general public will not have access to the Premises.

            • Applicant shall obtain and keep a valid and active ACP for the CCP to remain active. If an ACP is not obtained within six months of issuance of the CCP, or if the ACP is revoked or denied renewal, the County may take any actions allowed by this Section or by law to revoke the CCP.

            (2) Administrative Development Permit (ADP) requirements are as follows:

            • Canopy sizes of a combined total of 2,501-10,000 sq. feet (Indoors, Mixed-Light or Outdoors) on the Premises.
            • Compliance with all ADP permitting requirements is necessary.
            • ADPs are not transferrable or assignable to any other person, entity or property.
            • Applicant must provide a complete application that contains all requirements of the CCP application listed in Section G.1.d, above.
            • Applicant must allow for right of entry and inspections to ensure permit eligibility and compliance.
            • Secondary Access and Dead End Road Requirement Exemption:

            Secondary access may be waived at the discretion of the Permitting Authority if applicant attests that there will be no special events held on the Premises, that the general public will not have access to the Premises, that no more than ten (10) employees will be on the Premises at any given time, and that the Fire Authority approves the exemption.

            • Applicant shall obtain and keep a valid and active ACP for the ADP to remain active. If an ACP is not obtained within six months of issuance of the ADP, or if the ACP is revoked or denied renewal, the County may take any actions allowed by this Section or by law to revoke the ADP.

            (3) Annual Cannabis Permit (ACP): This permit may be issued to the individual/entity engaging in the Commercial Cannabis Activity and Non-Remuneration Cultivation.

            • Permit for Commercial Cannabis Activities:

            Applicant must submit the following information as part of the application process:

            i. A complete application.

            ii. The exact location of the proposed Cannabis Activity.

            iii. A copy of all applications of licensure submitted to the State of California related to the proposed Cannabis Activities.

            iv. A list of all individuals and/or entities with any financial interest in the Commercial Cannabis Activity, including names, addresses, titles, nature and extent of financial interest, and disclosure of all financial interest in any and all Cannabis businesses in the County.

            v. Tax identification information.

            vi. Detailed description of any law enforcement and/or code enforcement activities at the Premises proposed for the Cannabis Activities.

            vii. Copy of identification acceptable to County, including but not limited to driver’s license or passport.

            viii. A detailed site plan setting forth the intended location of the Canopy Area and any Support Area, detailed description of intended Cannabis Activities, setbacks, descriptions of existing and proposed structures and any other aspects required to show compliance with this Section.

            ix. Irrigation water service verification.

            x. Sewer/septic service verification.

            xi. Electrical service verification.

            xii. A security plan.

            xiii. Notarized landlord authorization to engage in activity or deed of ownership.

            xiv. Acknowledgement of standards and requirements set forth in this Section.

            xv. Copy of valid state license application allowing for type of Commercial Cannabis Activity applied for (if available).

            xvi. Lease information.

            xvii. Payment of applicable fees as may be established and amended by the County.

            xviii. A valid email address and acknowledgement that the applicant agrees to accept service of any notice required or allowed by this Section via email.

            Non-Remunerative ACP applicants must submit the following:

            i. A complete application.

            ii. The exact location of the proposed Cultivation.

            iii. Sufficient proof that the applicant is a Qualified Caregiver.

            iv. Copies of valid recommendations from qualified physicians for each Qualified Individual for whom Cannabis is being Cultivated.

            v. Background information, including but not limited to a statement that the applicant and owner have submitted to a Live Scan background check no earlier than 30 days prior to the date of application.

            vi. Detailed description of any law enforcement and/or code enforcement activities at the Premises proposed for the Cannabis Cultivation.

            vii. Copy of approved identification.

            viii. A detailed site plan setting forth the intended location of the Canopy Area and any Support Area, detailed description of intended activities, setbacks, descriptions of existing and proposed structures and any other information required to show compliance with this Section.

            ix. Irrigation water service verification.

            x. Sewer/septic service verification.

            xi. Electrical service verification.

            xii. A security plan.

            xiii. Notarized landlord authorization to engage in activity or deed of ownership.

            xiv. Acknowledgement of standards and requirements set forth in this Section.

            xv. Lease information.

            xvi. Payment of applicable fees as may be established and amended by the County.

            xvii. A valid email address and acknowledgement that the applicant agrees to accept service of any notice required or allowed by this Section via email.

            • Applicant must allow for right of entry and inspections to ensure permit eligibility and compliance.
            • Secondary Access and Dead End Road Requirement Exemption:

            Secondary access may be mitigated at the discretion of the Permitting Authority if applicant attests that there will be no special events held on the Premises, that the general public will not have access to the Premises, that no more than ten (10) employees will be on the Premises at any given time, and that Fire Authority approves the exemption.

            • ACPs must be renewed annually.

            (4) In the event that the proposed site plan does not meet the setback requirements of this Section, the applicant may propose use of an easement agreement with an adjacent property owner or obtain a setback variance in order to satisfy the setback requirements (a “Setback Easement” or “Setback Variance”). Setback Easements and/or Setback Variances relating to Indoor, Mixed-Light and Outdoor Cultivation and Support Areas will be granted and issued at the discretion of the Permitting Authority, and only as follows: