Q. What are the parcel requirements to grow Medical Marijuana?
a. You must have a permanent legal residence on the parcel.
b. You must own the parcel or have notarized, written permission from the parcel owner to cultivate.
c. You and all those residing in the residence, as well as all individuals involved directly or indirectly with the cultivation, must be Butte County residents (which means having lived in Butte County for one year prior to cultivation).
d. You must have approved water supply and sewage disposal system on the parcel.
e. Your garden must be placed on the parcel in such a way that it meets all setback requirements.
Q. What are setback requirements?
a. A setback requirement is the required distance your garden needs to be from the parcel line.
b. Depending on the size of your parcel, your Medical Marijuana garden must be setback a certain number of feet from your parcel line. Your garden also must be set back 1000ft from schools, youth oriented facilities, parks, churches, and residential treatment facilities; 600ft from school bus stops; and 100ft from a neighboring residential structure.
c. To see the setback required for your parcel, please see the Marijuana Ordinance table.
Q. Am I allowed to grow on more area or more plants if my doctor’s order is greater than the ordinance allows?
No. This ordinance regulates the place and manner in which medical marijuana can be grown in unincorporated Butte County. A doctor’s recommendation does not make a patient/caretaker exempt from the requirements of the ordinance.
Q. Is a greenhouse (with approved common materials) considered an indoor grow?
A greenhouse must be fully enclosed to be considered an indoor grow and it may be no larger than 120 square feet in size.
Q. What are approved common materials for detached structures?
View Detached Structures Approved Common Materials Memorandum.
Q. Who can make a complaint and is my information confidential?
Anyone can now complain. Under the County's ordinance, information regarding a person making a complaint will be kept confidential and only disclosed to the hearing officer if the matter proceeds to a hearing authorized under the ordinance. All other information for the compliance program will be subject to the rules and requirements of the California Public Records Act (California Government Code Section 6250 et seq.)
While the County will abide by the confidentiality provisions of the Marijuana Ordinance, the County cannot guarantee that information will remain confidential if disclosure is compelled in any subsequent or associated legal action, pursuant to a valid applicable State or Federal law, or pursuant to a valid court order.
Q. Will I be fined if found in violation?
Yes. $500 for the first offense and up to $1000 per day for each offense thereafter.
Q. What is the enforcement procedure?
View our Enforcement Flow Chart.
Q. Can more than one grower be on a parcel?
Yes; however, the cultivation area remains the same regardless of the number of people involved. Furthermore anyone involved or living on the parcel must be Butte County residents for at least a year.
Q. Is there a limit on the number of plants I can grow in my allotted square footage?
No, there is no limit on the plant count. The cultivation area is measured from the canopy of your outer most plants rather than the trunks or stems of each plant. View Code Enforcement Flow Chart
Q. Is the cultivation area allotted per recommendation (prescription) or per parcel?
The cultivation area is allotted per parcel, based on the parcel’s acreage.
Q. What if I split my large parcel into smaller parcels?
This would depend on the zoning of your parcel and would require meeting with the Butte County Planning Division to determine.