San Mateo adopted Ordinance 2017-4 adding Chapter 7.45 to prohibit outdoor cannabis cultivation within city limits. Indoor cultivation of up to six plants per residence is protected under Proposition 64 (CA H&S Code Section 11362.2). Plants must be in a locked space not visible from public areas.
The City of San Mateo adopted Ordinance No. 2017-4 adding Chapter 7.45 to prohibit the cultivation, processing, or sale of marijuana within city limits. Outdoor cultivation of any amount is banned. However, California Proposition 64 preempts local bans on indoor personal cultivation. Adults 21 and older may cultivate up to six plants indoors per residence for personal use, provided the plants are in a locked space not visible or detectable from a public place. The city's Chapter 7.46 (Section 7.46.110) specifically addresses marijuana produced for individual residential on-site consumption, acknowledging the state law protection. Landlords may prohibit cultivation through lease terms. Medical marijuana patients retain cultivation rights under the Compassionate Use Act.
Outdoor cultivation violates SMMC Chapter 7.45. Cultivating more than six plants without a license is a state misdemeanor. Indoor cultivation not meeting visibility and security requirements may be cited under both city and state law.
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See how San Mateo's home cultivation rules stack up against other locations.
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