Is this legal??

(a) The possession, consumption, distribution, transportation, cultivation and growing of
medical marijuana in the unincorporated areas of the County of Tulare must comply with
federal law, state law and local ordinances and regulations, including County ordinances
and regulations. Upon such compliance, this Chapter shall apply and shall require
continued compliance. It is the purpose and intent of this chapter to promote the health,
safety, morals, and general welfare of the residents and businesses within Tulare County
by regulating the possession, consumption, distribution, transportation, cultivation,
criteria and growing of medical marijuana.
(b) Federal law currently does not recognize a medical use of marijuana.
(c) The Board of Supervisors, in adopting this section, takes legislative notice of the
existence and content of the studies concerning potential adverse effects of medical
marijuana in other counties and cities. The Board of Supervisors relies upon these
studies, believes them to be true, and finds that certain potential adverse effects can be
associated with medical marijuana, including: increases in crimes, specifically theft of
marijuana from individual patients, caregivers or places of distribution of medical
marijuana, and the sale of medical marijuana for non-medical purposes; and a negative
effect on the general quality of life for areas surrounding such facilities that distribute
medical marijuana.
(d) In 1996, the voters of the State of California approved Proposition 215, "the
Compassionate Use Act" which was intended to permit cultivation and possession of
medical marijuana by a single patient, or the patient’s caregiver, for the patient’s personal
use, and to create a limited defense to the crimes of possessing or cultivating marijuana;
and
(e) In 2004, the State Legislature enacted Senate Bill 420, "the Medical Marijuana
Program Act," to clarify the scope of the Compassionate Use Act and to provide
qualifying patients and primary caregivers who collectively or cooperatively cultivate
marijuana for medical purposes with a limited defense to the crimes of possession for
sale, transportation or furnishing marijuana, maintaining a location for unlawfully selling,
giving away, or using controlled substances, managing a location for the storage or
distribution of any controlled substance for sale, and the laws declaring the use of
property for these purposes a nuisance; and
(f) The Medical Marijuana Program Act defines a "primary caregiver" as an individual
who is designated by a qualified patient or by a person with an identification card, and
who has consistently assumed responsibility for the housing, health, or safety of that
patient or person; and
(g) The Medical Marijuana Program Act allows cities and counties to adopt and enforce
rules consistent with the Medical Marijuana Program Act; and​

(h) In August 2008, the California Attorney General issued guidelines that clarify the
state’s laws governing medical marijuana, and provide guidelines for patients and law
enforcement to ensure that medical marijuana is not diverted to illicit markets; and
(i) This Chapter is enacted pursuant to the Compassionate Use Act (Health and Safety
Code §11362.5); the Medical Marijuana Program Act (Health and Safety Code §11362.7
et seq.); the Guidelines issued by the California Attorney General pursuant to Health and
Safety Code §11362.81; as amended and herein incorporated by reference; and the
County’s constitutional police power to protect the health, safety and welfare of the
residents of the County of Tulare; and
(j) Since the sale of medical marijuana for profit is unlawful, it is necessary to place
restrictions on the exterior appearance of medical marijuana collectives or cooperatives
in order to prevent the misunderstanding that collectives or cooperatives are places
where marijuana may be purchased; and
(k) Since marijuana is a controlled substance, it is necessary to place restrictions
limiting the cultivation through the establishment of development criteria that will secure
visibility, secure access, limit potential unauthorized removal, and to prevent intrusion of
the consumption of medical marijuana by limiting smoke and other airborne odors related
to marijuana from intruding on adjacent residents, businesses, properties, or public
areas; and
(l) It is the purpose and intent of this chapter to adopt and enforce rules consistent with
the Compassionate Use Act, the Medical Marijuana Program Act, and the Guidelines
issued by the California Attorney General, as amended, which will provide for the health,
safety and welfare of the public by regulating the collective cultivation and possession of
medical marijuana with the unincorporated area of the County of Tulare, consistent with
state and federal law; and
(m) Nothing in this Chapter is intended to authorize, legalize or license the
establishment, operation or maintenance of any facility distributing medical marijuana,
building or use which violates any other county ordinance or any statute of the State of
California, including those relating to public nuisances or unlawful use of marijuana.
(Added by Ord. No. 3396, effective 12-10-09)​

For purposes of this chapter, the following definitions shall apply:
(a) "Medical marijuana" is marijuana as defined in Health and Safety Code §11018 as
amended, used for personal medical purposes of a patient upon the written or oral
recommendation or approval of a physician, in strict accordance with California Health
and Safety Code Sections 11362.5 and 11362.7 et seq., as amended.
(b) "Medical marijuana collective" or "collective" means an entity, facility or location, at
a fixed, immobile location, at which two (2) or more qualified patients, persons with an
identification card, and the designated primary care givers of qualified patients and
persons with an identification card, combined, associate within the unincorporated area​

of the County of Tulare in order to jointly own and operate the business, facility or
location and to collectively cultivate marijuana for medical purposes, as provided in
Health & Safety Code Section 11362.775 and the Attorney General Guidelines issued
pursuant to Health and Safety Code §11362.81, as amended.
(c) "Medical marijuana cooperative" or "cooperative" means an entity at a fixed,
immobile location, properly organized, registered and operated as such a corporation
pursuant to Corporations Code Section 12200 et seq. or Food and Agricultural Code
Section 54001 et. seq., as amended, so that qualified patients, persons with an
identification card, and the designated primary caregivers of qualified patients and
persons with an identification card may cultivate marijuana for medical purposes
pursuant to Health and Safety Code Section 11362.775 and the Attorney General
Guidelines issued pursuant to Health and Safety Code §11362.81, as amended.
(d) "Cultivation of medical marijuana" means the growing of medical marijuana for
medical purposes as defined in strict accordance with California Health and Safety Code
Sections 11362.5 and 11362.7 et seq., as amended
(e) "Collective or cooperative cultivation" means a collective or cooperative that
engages in the "cultivation of medical marijuana."
(f) "Qualified patient(s)" and "Person(s) with an Identification Card" are defined in strict
accordance with California Health and Safety Code Section 11362.7, as amended.
(g) "Primary Caregiver(s)" are defined in strict accordance with California Health and
Safety Code Sections 11362.5 and 11362.7 et seq., as amended. Further, a "Primary
Caregiver" must comply with the 2008 decision in People v. Mentch (45 Cal.4th 274),
unless subsequently superseded or overturned, and be able to prove, in addition to other
requirements by law, that he or she (1) consistently assumed responsibility for the
housing, health, or safety of that patient, (2) independent of any assistance in taking
medical marijuana, and (3) at or before the time he or she assumed responsibility for
assisting with medical marijuana.
(h) The following uses are allowed in the unincorporated areas of the County of Tulare
as long as these uses comply strictly with Health and Safety Code Sections 11362.5 and
11362.7 et seq., as amended, and all other State and local laws pertaining to the uses,
including zoning, permitting, and licensing requirements:
(1) A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of
Division 2 of the Health and Safety Code;
(2) A health care facility licensed pursuant to Chapter 2 (commencing with Section
1250) of Division 2 of the Health and Safety Code;
(3) A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2
of the Health and Safety Code;
(4) A residential care facility for the elderly licensed pursuant to Chapter 3.2
(commencing with Section 1569) of Division 2 of the Health and Safety Code;​

(5) A residential hospice, or a home health agency licensed pursuant to Chapter 8
(commencing with Section 1725) of Division 2 of the Health and Safety Code.
(i) "License Requirements and Application" are requirements for a collective or
cooperative and shall be subject to the fees as set by the Board of Supervisors by
resolution and requirements of the Tulare County Code, and shall consist of an
application, receipt of, and maintenance of a Business License in compliance with this
Chapter and Chapter 1 of Part VI of the Tulare County Ordinance Code regarding
"Business License and Regulation."
(j) "Development criteria" shall be the location criteria, exterior restrictions, interior
improvements, and signage requirements for collectives and cooperatives.
(Added by Ord. No. 3396, effective 12-10-09)​

Unless the provisions of this Chapter provide otherwise or conflict, all of the provisions of
Chapter 1 of this Part are applicable to the licenses referred to in this Chapter.
(Added by Ord. No. 3396, effective 12-10-09)​

(a) Medical marijuana collectives and cooperatives are required to obtain a business
license to operate within the unincorporated area of the County of Tulare. The license
procedure shall be as set forth in Part VI, Business Regulations and Licenses, Chapter 1,
Licensing and Regulation of Business Operations, of this Code and in addition, shall be
subject to the specific requirements as set forth in this Chapter and as may be
established by State and Federal regulations and the Attorney General of the State of
California guidelines issued pursuant to Health and Safety Code Section 11362.81, as
amended.
(b) Investigations. The Licensing Agency shall conduct an investigation upon receipt of
the completed application in accordance with the provisions of Sections​

the issuance of the license, or the enforcement of the conditions of the license,
and/or the operation of any facility at which medical marijuana is cooperatively or
collectively cultivated.
(e) In addition to the findings ordinarily required for a County business license pursuant
to Chapter 1 of this Part, the approval of a County business license for a collective or
cooperative shall require the following specific findings by the License Collector:
(1) That the requested use at the proposed location will not adversely affect the
economic welfare of the nearby community or the health, safety or general welfare
of the County or the people of the County.
(2) That the requested use at the proposed location will not adversely affect the
use of any property used for school, playground, park, youth facility, child care
facility, place of religious worship, or library. The Tulare County Resources
Management Agency (RMA) shall conduct a location review to ensure that the
proposed use location meets the standards of this Chapter. A fee as may be
adopted by the County Board of Supervisors by resolution shall be paid before a
location review is conducted. Pending the payment of required fees, the RMA shall
not release its findings to the License Collector.
(3) That the requested use at the proposed location and structure meets the
requirements as established in Chapter 21 of Part VI of the Ordinance Code of
Tulare County. The Tulare County Resources Management Agency shall conduct a
site plan review to ensure that the proposed use location meets the standards of
this Chapter. A fee as may be adopted by the County Board of Supervisors by
resolution shall be paid prior to when site plan review is conducted. Pending the
payment of required fees, the RMA shall not release its findings to the License
Collector.
(4) That the requested use at the proposed location and its proposed operation
meets the requirements as established in Chapter 21 of Part VI of the Ordinance
Code of Tulare County. The Tulare County Sheriff’s Department shall conduct a
review to ensure that the proposed use location and operation meets the standards
of this Chapter. A fee as may be adopted by the County Board of Supervisors by
resolution shall be paid prior to the review is conducted. Pending the payment of
required fees, the Sheriff’s Department shall not release its findings to the License
Collector.
(5) No persons under the age of eighteen (1 are allowed on site, unless such
individual is a qualified patient and accompanied by their licensed attending
physician, parent or documented legal guardian.
(6) No individual, group or entity may cultivate or distribute marijuana for profit.
(7) No money or any other thing of value shall be exchanged for medical
marijuana, with the sole exception that a primary caregiver who pursuant to Health
and Safety Code §11362.765(c), as amended, receives compensation of actual
expenses, including reasonable compensation incurred for services provided to an​

eligible qualified patient or person with an identification card to enable that person to
use medical marijuana pursuant to California law, or for payment for out-of-pocket
expenses incurred in providing those services, or both, shall not, on the sole basis
of that fact, be subject to a violation, prosecution or punishment under this Part.
( The primary caregiver shall provide a procedural process that identifies and
establishes a plan of transport or delivery of a medical marijuana product to a
qualified patient and shall receive the Sheriff’s written clearance prior to
transportation or delivery for the possession of the medical marijuana.
(9) The Sheriff reserves the right to require additional security and safety
conditions, if necessary, upon investigation or receipt of new or revised building
plans.
(Added by Ord. No. 3396, effective 12-10-09)​

To the extent that the County is required to allow the possession, consumption,
distribution, transportation, cultivation and growing of medical marijuana under State law,
the rules set forth in this Chapter shall apply.
(a) Sheriff Investigation and Monitoring. The County of Tulare Sheriff shall have the
primary responsibility for the investigation, monitoring, and enforcement of this Chapter
as well as State and Federal laws.
(b) Distribution of medical marijuana to two (2) or more qualified patients, persons with
an identification card or primary caregivers, combined, is unlawful in the unincorporated
areas of the County of Tulare unless the distribution is from and within a collective or
cooperative pursuant to this Chapter.
(c) There is a limit of three (3) collectives or cooperatives, combined, allowed in the
unincorporated areas of the County of Tulare.
(d) Secure enclosed structure. The cultivation, growing or distribution of medical
marijuana shall at all times occur in a secure, locked, and fully enclosed structure,
including a ceiling, roof or top.
(e) Maximum of ninety-nine (99) plants. The individual, collective or cooperative
cultivation of more than ninety-nine (99) marijuana plants, whether mature or immature,
is a prohibited use in all zones of the County.
(f) Maximum of twenty-four (24) plants except where collective or cooperative is
allowed. The individual, collective or cooperative cultivation of more than twenty-four (24)
marijuana plants, whether mature or immature, shall occur only in zones where collective
or cooperative cultivation is permitted pursuant to Tulare County Ordinance Code No.
352, the Zoning Ordinance of Tulare County.
(g) Patient cultivation. For qualified patients and persons with an identification card, the​

following shall apply: each qualified patient or person with an identification card may
maintain up to six (6) mature or twelve (12) immature marijuana plants, and possess no
more than eight ( ounces of dried marijuana, or as otherwise recommended by a doctor
in accordance with Section 11362.77, subject to the limits specified in this section and
this Chapter. Cultivation of plants shall be within the main structure, shall not be visible
from the public domain, shall be secured, and plants shall not be transported in or out of
the main structure. Consumption shall be limited to the main structure and shall be
prohibited in any accessory structure and residue smoke or smell related to marijuana
shall not invade adjacent properties or public areas.
(h) Primary caregiver cultivation. For primary caregivers of two (2) more patients, the
following shall apply: each primary caregiver may maintain up to six (6) mature or twelve
(12) immature marijuana plants, and possess no more than eight ( ounces of dried
marijuana, or as otherwise recommended by a doctor, for each qualified patient or
person with an identification card in accordance with Section 11362.77, subject to the
limits specified in this section and this Chapter. The primary caregiver must not maintain
marijuana plants or possess dried marijuana in amounts that exceed the limits for each
qualified patient or person with an identification card, factoring in the amounts already
maintained or possessed by the qualified patients or persons with an identification card.
Cultivation of plants shall be within the main structure and plants shall not be transported
in or out of the main structure and said structure shall meet the requirements of Section​

​

(4) No on-site consumption. No on-site consumption, use or smoking of medical
marijuana shall occur at collectives or cooperatives. No consumption, use or
smoking of marijuana in the parking areas of a collective or cooperative, or in
vehicles located at or near or under said collective or cooperative, or under any
circumstances in which the consumption, use, or smoking of marijuana is prohibited
by law. No cooking, sale, distribution, preparation, manufacturing or consumption of
marijuana-enhanced, edible or drinkable products, including but not limited to
cookies, candy, drinks, brownies or baked goods, is allowed in a collective or
cooperative.
(5) Record requirements – Collectives and Cooperatives. The owner or lessee of
the property or operator of the collective or cooperative upon which the cultivation
and/or distribution occurs shall provide the following information to the Sheriff
Department in a form and manner approved by the Sheriff Department:
a. full name, address, and working telephone number(s) of the owner, lessee
and operator of the collective or cooperative at which such person will be
reached within a reasonable time, including all alias names used in the
previous ten (10) years. Failure to reach the owner/lessee/operator of the
collective or cooperative within two weeks of attempted contact by the County
shall be a violation of this Chapter.
b. the address where correspondence is to be mailed;
c. a list of all qualified patients, Medical Marijuana Program identification card
numbers, primary caregivers participating in the cultivation and distribution, and
number of qualified patients or primary caregivers without a Medical Marijuana
Program identification card to the extent allowed by law;
d. a copy of all participant physician recommendations, identification cards,
and primary caregiver evidence to the extent allowed by law;
e. a sketch or diagram showing the property with the location of all buildings
on the property, including a statement showing the total area occupied within
the building for cultivation;
f. a statement setting forth the number of plants to be cultivated and
demonstrating that the cultivation does not exceed the maximums set forth
under State law or this Chapter, including patient maximums and the cap of
ninety-nine (99) plants;
g. a statement identifying all persons who will be tending to the cultivation
and describing the cultivation process;
h. such other information as the Sheriff Department determines is necessary
to ensure compliance with the law and this Chapter. This information shall be
provided prior to the commencement of the collective or cooperative cultivation,
except that for existing collective or cooperative cultivation operations, the
information shall be provided within ten (10) days of the effective date of the​

ordinance codified in this Chapter. The information provided shall be updated
upon any change within ten (10) days. The Sheriff Department shall keep
patient personal information and documentation confidential to the extent
required by law.
(6) Primary Care Giver – Record requirements. Primary Care Givers at collectives
or cooperatives shall obtain and maintain current documentation showing
designation by each qualified patient or person with an identification card, and
signatures of all parties, in strict accordance with California Health and Safety Code
Sections 11362.5 and 11362.7 et seq., as amended. The Primary Care Givers shall
provide the following information to the Sheriff Department in a form and manner
approved by the Sheriff Department, to the extent allowed by law:
a. full name, address, and telephone number(s) of the Primary Care Giver
including all alias names used in the previous ten (10) years;
b. the address where correspondence is to be mailed;
c. a list of Medical Marijuana Program identification card numbers,
documentation that designates the individual as a primary caregiver and a list
of qualified patients to the extent allowed by law;
d. a copy of all participant physician recommendations and identification
cards for each qualified patient to the extent allowed by law;
e. a statement setting forth the number of plants to be cultivated and
demonstrating that the cultivation does not exceed the maximums set forth
under State law or this Chapter;
f. such other information as the Sheriff Department or license collector
determines is necessary to ensure compliance with the law, this Code, and
County of Tulare Ordinances or other regulations. This information shall be
provided prior to the commencement of the cultivation or cultivation operations;
the information shall be provided within ten (10) days of the effective date of
the ordinance codified in this Chapter. The information provided shall be
updated upon any change within ten (10) days and shall be provided to the
Sheriff. The County and Sheriff’s Department shall keep patient information
confidential to the extent required by law.
(7) Inspections. The cultivation operation shall be open for inspection by any law
enforcement officer or county code enforcement officer between the hours of 8:00
a.m. and 9:00 p.m. seven (7) days a week, or at any time upon responding to a call
for service related to the property where the cultivation is occurring.
(Added by Ord. No. 3396, effective 12-10-09)​

Primary caregivers who provide medical marijuana to two or more qualified patients or
persons with an identification card must reside in the same city or county as the two or​

more qualified patients as provided in Health & Safety Code section 11362.7(d)(2), as
amended, and all such persons must be a part of the same collective or cooperative as
defined in this Chapter. In situations other than this, a primary caregiver shall not provide
medical marijuana to more than one qualified patient.
(Added by Ord. No. 3396, effective 12-10-09)​

A medical marijuana business license shall be valid for a period of one year from the
date of license approval.
(Added by Ord. No. 3396, effective 12-10-09)​

In addition to any other penalties and remedies provided by law, including the provisions
of this Chapter, the requirements described in this Chapter shall be deemed conditions of
license approval, and failure to comply with any such requirements during the term of the
license shall be grounds for revocation of any medical marijuana business license issued
pursuant to this Chapter.
(Added by Ord. No. 3396, effective 12-10-09)​

The license collector may revoke or suspend a medical marijuana business license on
the grounds stated in and through procedures set forth in Chapter 1, or when:
(a) Any of the applicable requirements for a license set forth in this Part for a license
ceases to be satisfied; or
(b) The application for license is discovered to contain materially incorrect, false or
misleading information.
(Added by Ord. No. 3396, effective 12-10-09)​

A medical marijuana business license shall be renewed on a year-to-year basis;
provided, that the licensee continues to meet all applicable requirements. A request for
license renewal must be accompanied by medical marijuana business license
application, completed in full detail with current information. The application and
appropriate fee must be received by the license collector at least sixty (60) calendar days
prior to the expiration of the existing license. A request for license renewal shall be
processed in the same manner as the original application.
(Added by Ord. No. 3396, effective 12-10-09)​

Any medical marijuana business lawfully operating on the effective date of this Chapter
and serving two or more qualified patients, persons with an identification card or primary
caregivers, combined, shall become a nonconforming use by reason of the adoption of​

this Chapter and shall cease operation or otherwise be brought into full compliance with
the provisions of this Chapter.
(Added by Ord. No. 3396, effective 12-10-09)​

No medical marijuana business license shall be sold, transferred, or assigned by any
licensee, or by operation of law, to any other person, group, partnership, corporation or
entity, and any such sale, transfer or assignment, or attempted sale, transfer, or
assignment shall be deemed to constitute a voluntary surrender of such license, and
such license shall thereafter be null and void. A medical marijuana business license held
by an individual in a corporation, partnership, limited liability company or limited liability
partnership is subject to the same rules of transferability described above, and a transfer
of a controlling interest in such entities shall be considered a transfer of the medical
marijuana license. Any change in the nature or composition of the medical marijuana
business use shall also render the license null and void. A medical marijuana business
license shall be valid only for the exact location specified in the license.
(Added by Ord. No. 3396, effective 12-10-09)​

Any medical marijuana business in violation of this Chapter, operated without a license
as required by this Chapter, or determined to be in violation of the conditions of such
license after appeal as provided in this Chapter, is hereby declared to be a public
nuisance, and is subject to abatement as provided in Article 11 of Chapter 1 of Part IV of
this Code.
(Added by Ord. No. 3396, effective 12-10-09)​

The Sheriff or the Sheriff’s designee shall have the duty and responsibility to investigate
and enforce any violations of this Chapter, and to report and enforce against any
violations of the conditions of approval attached to licenses required by and obtained
pursuant to this Chapter. The Sheriff shall provide a report of all violations of these
provisions to the License Collector, for possible revocation of the license obtained
pursuant to this Chapter and Chapter 1 of Part VI of the Tulare County Ordinance Code.
Violations of this Chapter shall be considered misdemeanors and are punishable in
accordance with Section 125 of the Tulare County Ordinance Code. Each and every day,
or portion thereof, a violation exists is a separate offense. The County may also pursue
all applicable civil and administrative remedies, including but not limited to injunctive
relief and administrative citations and any other remedy provided by law.
In addition to the remedies provided in this Chapter, if the collective or cooperative
cultivation or distribution occurs in violation of this Chapter or any other local or State law
or regulation, the owner or lessee shall be prohibited from further collective or
cooperative cultivation or distribution at any location within the unincorporated areas of
the County for a period of one year after notice by the County of the violation unless the
violation is successfully appealed. Subsequent violations shall result in a three (3) year​

prohibition.
(Added by Ord. No. 3396, effective 12-10-09)​

If the license collector denies an application for a medical marijuana business license,
the applicant may request reconsideration and may appeal as provided in Chapter 1 of
this Part.
(Added by Ord. No. 3396, effective 12-10-09)​

If any section, subdivision, sentence, clause, phrase, or portion of this Chapter is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, that portion
shall be deemed a separate, distinct, and independent provision, and that holding shall
not affect the validity of the remaining portion of this Chapter thereof.
(Added by Ord. No. 3396, effective 12-10-09)​

Judicial review of a decision made under this Chapter may be had by filing a petition for a
writ of mandate with the superior court in accordance with the provisions of the California
Code of Civil Procedure Section 1094.5. Any such petition shall be filed within ninety (90)
days after the day the decision becomes final as provided in California Code of Civil
Procedure Section 1994.6, which shall be applicable for such actions.​