Modoc County prohibits the commercial cultivation of marijuana in the county. The Modoc County Marijuana Cultivation Ordinance was adopted following the passage of Proposition 64: Adult Use of Marijuana Act (AUMA) in the State of California. Proposition 64 allows adults (21 years and above) to access marijuana for recreational purposes. The California State voters passed the Compassionate Use Act (Proposition 215) in 1996, legalizing the use of marijuana for the treatment of certain medical conditions. The state senate in 2017 passed the California State Senate Bill 94 called the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) to harmonize Proposition 215 and Proposition 64. MAUCRSA authorizes counties, cities, and towns to make laws to regulate the cultivation, manufacture, distribution, testing, and sales of marijuana within their jurisdiction in conformity with the act. The law also permits medical marijuana patients to cultivate not more than six cannabis plants in their private residences.
The Modoc County Ordinance allows personal cultivation of marijuana within the county with the following conditions:
Outdoor cultivation of marijuana is prohibited within the unincorporated area of the county. Alturas, the only incorporated city in the county, also prohibits the commercial cultivation of cannabis.
Per the Modoc Marijuana Ordinance, the commercial production of cannabis and cannabis products is prohibited within the county.
Cannabis retail is prohibited in the county according to the Modoc Marijuana Ordinance. Marijuana dispensaries are not permitted within the unincorporated area of the county.
Per the Modoc Marijuana Ordinance, delivery of cannabis is illegal in the county. Medical marijuana delivery to Medical Marijuana ID cardholders is also prohibited.
The Medical Marijuana Identification Card (MMIC) is issued to eligible patients and their primary caregivers under the Medical Marijuana Program (MMP) in California. The MMP in the county is administered by the Modoc County Department of Public Health. The department issues the Medical Marijuana Identification Card MMIC on behalf of the California Department of Public Health (CDPH) as stipulated in the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The MMIC identifies the cardholder as a person authorized to possess medical marijuana. A patient with any of these medical conditions below can apply to get an MMIC:
An interested applicant must schedule an appointment by calling (530) 233-6311. The applicant is required to have the following documents ready for submission:
The county's health department is open for MMIC appointments from Monday to Friday, 8:30 am - 5:00 pm. An appointment for an MMIC will take place at:
Modoc County Department of Public Health
441 North Main Street
Alturas, CA 96101
Lawfully emancipated minors (under 18 years of age) or minors that have declared self-sufficiency status may apply for themselves. Otherwise, their parents or legal guardians must be involved.
The application will be verified and approved or denied. An applicant can appeal a denial of application or renewal by filling the Denial Appeals Application form. The Medical Marijuana Identification Card is only valid for one year.
The California Department of Tax and Fee Administration (CDTFA) provides data on Cannabis Sales by County for all counties in the state. There is no information on cannabis sales in Modoc County. This is due to the prohibition of all commercial cannabis businesses in the county. Therefore, there is no way of measuring the impact of cannabis on Modoc County's economy. There is also no information on cannabis sales in Modoc's only incorporated city, Alturas City, because of the city's ban on commercial cannabis.
The crime data provided by the Modoc County Sheriff's Office to the Federal Bureau of Investigation (FBI) reveals that there were no marijuana possession and sales arrests in 2016. In 2017, there was one marijuana possession arrest and no marijuana sales arrest. In 2018, there was still no marijuana possession arrest, but there were two marijuana sales arrests. In 2019 and 2020, there was neither a marijuana possession arrest nor a marijuana sales arrest. The Modoc County Highway Patrol also provided data for marijuana sales and possession arrests for the years 2016, 2017, and 2019. The figures reveal that there were two marijuana possession arrests and no marijuana sales arrests in 2016. In 2017, there was one marijuana possession arrest and no marijuana sales arrest. In 2019, there was neither marijuana possession arrest nor marijuana sales arrest. The figures above reveal that marijuana possession and sales arrest in the county is very low; there were no recorded arrests in 2019 and 2020. The marijuana laws have had no effect on marijuana-related offenses.
The Driving Under the Influence (DUI) arrest data provided by the Sheriff's office reveals that there were 3 DUI arrests in 2016. In 2017, there were 6 DUI arrests. In 2018, there were 10 DUI arrests. In 2019, there were 8 DUI arrests. In 2020, there were 4 DUI arrests. There has been a gradual increase in DUI arrests since the legalization of cannabis. The Modoc County Highway Patrol also provided DUI arrest data for the years 2016, 2017, and 2019. The data reveals that in 2016, there were 35 DUI arrests. In 2017, there were 29 DUI arrests. In 2019, there were 19 DUI arrests. The figures show a steady decline in DUI arrests by the highway patrol since the legalization of marijuana.
In conclusion, the legalization of marijuana has had no effects on marijuana sales and possession arrests in the county, but the rate of DUI arrests has decreased since 2016.