§ 20.80.780. Prohibition of Cultivation, Processing, Manufacture, Distribution, Testing, and Sale of Nonmedical Marijuana.

The purpose of this Part is to confirm that:

A.

The cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, is a prohibited land use in all zoning districts in the City of San José. Nonmedical marijuana is any marijuana or marijuana product, as defined in Division 10 of the California Health and Safety Code, which is not regulated by the City under Chapter 6.88 of Title 6 of this Code.

B.

Notwithstanding, Subsection A., if Proposition 64 (also known as the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA") passes at the November 8, 2016 statewide general election, not more than six (6) living marijuana plants may be planted, cultivated, harvested, dried, or processed by a person over the age of twenty one (21) inside a private residence, or inside an accessory building to a private residence that is fully enclosed and secure and located upon the grounds of the private residence, as an incidental use to the primary private residential use, provided that marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation under this Part must be stored in a locked space on the grounds of the private residence not visible from the public right-of-way. Any personal cultivation under this Part shall comply with all requirements of this Code, including without limitation, Chapter 17.12 of this Code and Title 24 of this Code.

(Ord. 29813.)