![]() ![]() The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.ĥ5.1.6 Penalties.All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.ĥ5.1.5 Severability.If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. ![]() Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. may also apply to this Code.ĥ5.1.4 Compliance with Other Laws.No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Applicable definitions in Sections 313-136 et seq. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.ĥ5.1.3.1The indoor cultivation and processing of cannabis for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.ĥ5.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws.ĥ5.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.ĥ5.1.3.4The definitions in this Code are intended to apply to this Code. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Indoor Cultivation.”ĥ5.1.2 Purpose and Intent.The purpose and intent of the Cannabis Land Use Code for Personal Indoor Cultivation (“this Code”) is to regulate the cultivation of cannabis for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany cannabis cultivation.ĭespite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. ![]() This section is included in your selections.ĥ5.1 INDOOR CULTIVATION OF CANNABIS FOR PERSONAL USEĥ5.1.1 Authority and Title.This section (hereafter all references to “this section” or “this Code” mean Section 313-55.1 et seq. ![]()
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