§ 88-28.406. Exemptions from permitting requirements.

(a)

Personal Cultivation.

(1)

A permit under this chapter is not required for a person twenty-one years of age or older to cultivate six or fewer cannabis plants at a private residence, or inside a fully-enclosed and secured accessory structure to a private residence located on the grounds of the private residence, if all of the following conditions are met.

(A)

The private residence or accessory structure, and all lighting, plumbing, and electrical components used for cultivation, must comply with all applicable zoning, building, electrical, and plumbing codes and permitting requirements.

(B)

All living cannabis plants cultivated indoors, and all cannabis in excess of twenty-eight and one-half grams produced by cannabis plants cultivated on the grounds of a private residence, must be kept in a locked room and may not be visible from an adjacent property, right-of-way, street, sidewalk, or other place accessible to the public.

(C)

The private residence must be lawfully occupied by the person twenty-one years of age or older who cultivates the cannabis plants within the private residence or within the accessory structure. If the private residence is not owner-occupied, written permission from the owner of the private residence must be obtained before cannabis plants may be cultivated.

(D)

Notwithstanding anything to the contrary, up to three of the cannabis plants cultivated under this subsection (a)(1) may be cultivated outdoors on the grounds of a private residence, if all of the following conditions are met.

(i)

The edge of each cannabis plant canopy must be at least ten feet away from property lines of the lot on which the private residence is located.

(ii)

No cannabis plant may exceed a height of five feet above ground level.

(iii)

No cannabis plant may be visible from a right-of-way, street, sidewalk, or other place accessible to the public.

(iv)

All cannabis plants cultivated outdoors must be enclosed by fencing, and all gates and other points of entry to the outdoor growing area must be locked at all times.

(2)

Personal cultivation by qualified patients and primary caregivers is subject to the restrictions set forth in Business and Professions Code section 26033 and Health and Safety Code section 11362.77, and the requirements of subsection (a)(1).

(b)

Deliveries originating outside of the unincorporated County.

(1)

A licensed and permitted commercial cannabis delivery business located outside of the County may travel on public roads within the County for the purpose of delivering cannabis or cannabis products to persons in jurisdictions other than the County, where the delivery of cannabis and cannabis products is authorized.

(2)

A licensed and permitted commercial cannabis delivery business located outside of the County may deliver cannabis or cannabis products to persons in unincorporated Contra Costa County, as long as all of the following requirements are met.

(A)

The business possesses both (i) a current County business license, and (ii) a current County health permit issued under Chapter 413-4 of this code.

(B)

The business shall ensure that the employees, upon request, provide the following documentation to law enforcement officers and to employees of State and local agencies enforcing this chapter and the requirements of State laws and regulations:

(i)

A copy of the business' current permits, licenses, and entitlements authorizing the business and deliveries.

(ii)

The employee's valid government-issued identification.

(iii)

A copy of each delivery request.

(iv)

Chain of custody records for all cannabis or cannabis products being delivered.

(C)

All vehicles used to deliver cannabis and cannabis products must be owned by the business. The business shall ensure that its drivers do not deliver cannabis or cannabis products on the business' behalf using any vehicles other than vehicles provided by the business.

(D)

All drivers who deliver cannabis and cannabis products on behalf of the business must be employed by the business. The business may not utilize independent contractors to deliver cannabis or cannabis products. The business shall ensure that each of its drivers possesses a valid State driver's license.

(E)

The business shall ensure that its employees who deliver cannabis or cannabis products require customers to show State-issued identification at the time a delivery is made. The business shall ensure that its employees deliver cannabis and cannabis products only:

(i)

To persons who are twenty-one years of age or older, or

(ii)

To persons who are eighteen years of age or older and either possess a physician's recommendation, or are primary caregivers.

(Ord. No. 2018-27, § 4, 9-25-18; Ord. No. 2018-18, § 3, 6-26-18)