Shasta County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Shasta County?

Licensed cannabis cultivation for both medical and adult use is legal in the State of California under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). Chapter 20 of the MAUCRSA, however, permits local governments to prohibit any type of medical or adult-use cannabis establishments within their territories.

In Shasta County, County Code 17.88.325 prohibits the establishment of all types of medical or adult-use cannabis businesses, including medical and adult-use cannabis cultivation, in unincorporated areas of the county.

Meanwhile, the State of California’s Adult Use of Marijuana Act (AUMA), also called Proposition 64, forbids any county to ban the home cultivation of medical or adult-use cannabis by individuals aged 21 or above for personal use only. Shasta County Code 17.88.320, therefore, allows such home cultivation but requires a zoning permit that is valid for 24 months. The licensee is allowed to apply for an extension for another 24 months twice, after which a new zoning permit must be applied for.

Home cultivation of cannabis is only allowed inside the cultivator's residence or inside an enclosed accessory building within the residential property. If the cultivator does not own the residence or accessory building, a notarized letter from the owner granting permission for cannabis cultivation must be obtained and kept on site.

The residence and the accessory building must be compliant with all other relevant county codes, permits, and inspections. All equipment and systems must be UL-tested and approved. The cultivation area must have a carbon monoxide detector and a smoke detector within three feet outside it. The accessory building must be locked and equipped with a security and alarm system.

The cultivation area and the cannabis plants must not be seen or detected from any public right-of-way, private road with public access, childcare facility, school bus stop, school, school evacuation center, public library, public park, youth-oriented establishment, or church.

The home cultivation of cannabis must not have any negative impact on the general welfare, safety, and health of the public. It must not emit to the environment outside the residence toxic gasses, smoke, unpleasant odors, heat, dust, noise, vibration, or glare. It must not create traffic in the surrounding area. Lighting must total a maximum of 1,200 watts. A ventilation and air filtration system must be used to prevent problems with humidity and molds.

The home cultivator is not allowed to do the following:

• Use flammable gasses or open flame for cannabis cultivation activities

• Use and store chemicals and other substances not intended for indoor use

• Use or store poisons and any other hazardous products

• Use hazardous processes

• Store waste

Each qualified adult is allowed to grow up to six cannabis plants at home, but the same cap applies even if several qualified adults live in the same home. This also applies to medical cannabis cardholding patients and caregivers.

Is Cannabis Manufacturing Legal in Shasta County?

Licensed medical and adult-use cannabis product manufacturing in the State of California is legal as mandated by the MAUCRSA and yet the Act authorizes localities to ban medical or adult-use cannabis businesses in their jurisdictions.

Shasta County Code 17.88.325 prohibits setting up any kind of medical or adult-use cannabis companies in unincorporated areas of the county, including medical and adult-use cannabis product manufacturing.

Is Cannabis Retail Legal in Shasta County?

The licensed retail sale of medical and adult-use cannabis and cannabis products by licensed dispensaries to medical cannabis cardholders and adults aged 21 and older in the State of California is legal as stipulated by the MAUCRSA. The Act permits local governments to disallow medical or adult-use cannabis facilities, though.

In unincorporated areas, Shasta County Code 17.88.325 forbids the operations of all manner of medical or adult-use cannabis companies, including medical and adult-use cannabis dispensaries.

Shasta County Code 17.88.310 specifically prohibits medical cannabis dispensaries from operating in unincorporated areas of the county. However, it allows qualified patients registered with the State of California’s Medical Marijuana Identification Card Program (MMICP) to be administered with medical cannabis in the following locations provided the owner or a maximum of three employees are the registered primary caregivers of the patient, subject to the relevant state regulations:

1. A clinic

2. A healthcare facility

3. An elderly residential care facility

4. A residential care facility dedicated to patients with life-threatening chronic medical conditions

5. A hospice

6. A home health agency

7. The home of the registered medical cannabis cardholding patient or primary caregiver provided the residence is compliant with the Shasta County rules on home cultivation of medical cannabis

Is Cannabis Delivery Legal in Shasta County?

The licensed delivery of medical and adult-use cannabis and cannabis products purchased from licensed dispensaries to medical cannabis cardholders and adults aged 21 and older in the State of California is legal in accordance with the MAUCRSA, but the Act allows local jurisdictions to prohibit medical or adult-use cannabis facilities and services.

Shasta County’s Code 17.88.325 does not allow any kind of medical or adult-use cannabis businesses in unincorporated areas of the county, including medical and adult-use cannabis delivery services. However, Proposition 64 prohibits any county from banning any licensed cannabis delivery from passing through its territory.

How to Get a Medical Marijuana Card in Shasta County

Residents of Shasta County may apply for a medical marijuana identification card (MMIC) of the California Department of Public Health’s (CDPH) MMICP through the Shasta County Health and Human Services Administrative Office at the following address:

2600 Park Marina Drive

Redding, CA 96001

(530) 245-6426

Business Hours:

By Appointment Only

Before setting an appointment, the applicant must first be diagnosed by an attending physician to have one of these serious medical conditions appropriate for medical cannabis treatment:

• Seizures

• Anorexia

• Persistent muscle spasms

• Cachexia (wasting syndrome)

• Migraine

• Cancer

• Chronic pain

• Severe nausea

• Glaucoma

• Arthritis

• Acquired immune deficiency syndrome (AIDS)

• Chronic conditions that either restrict the life activities of the patient or negatively impact the mental and physical health and safety of the patient

The attending physician must fill up and sign the Written Documentation of Patient’s Medical Records Form. The original will be given to the patient and a copy must be kept by the doctor in the patient’s medical records.

The applicant must then fill up and sign the Medical Marijuana Program Application Form. An adult applicant requiring a caregiver will need to name one on the form and include the caregiver’s information and signature. For a patient below the age of 18 or an adult patient who is not capable of making medical decisions, the application form must be filled up by a parent, legal guardian, or any individual authorized by law to make healthcare decisions for the patient.

The patient and caregiver must set an appointment with the Shasta County Health and Human Services Administrative Office and go together, bringing the following documents:

• The signed Written Documentation of Patient’s Medical Records Form

• The patient’s and caregiver’s valid government-issued photo identification card

• The patient’s and caregiver’s proof of residency in Shasta County

A photo of the patient and caregiver will be taken at the Health and Human Services Administrative Office. This photo will be used on the medical cannabis card.

The county may charge the patient and caregiver a fee not exceeding $100 each. A 50% discount must be given to beneficiaries of Medi-Cal. Patients who are indigent and are eligible for the County Medical Services Program are exempted from paying fees.

The verification process for the application can take 30 days, after which the county will make the medical cannabis card available to the patient and caregiver within five days. The card is valid for 12 months.

Patients who are medical cannabis cardholders are not charged the sales and use tax when they are administered medical cannabis in the allowed sites in Shasta County.

How Has Cannabis Legalization Impacted the Economy of Shasta County?

Since Shasta County does not allow any kind of cannabis businesses for medical or adult use in unincorporated areas, cannabis legalization has no impact on its economy.

The State of California has, however, earned a sum of $4.4 billion from cannabis tax revenues for the period from January 2018 to November 16, 2022, according to data from the California Department of Tax and Fee Administration (CDTFA). That was made up of $2.2 billion from excise taxes, $1.7 billion from sales taxes, and $500.3 million from cultivation taxes before the latter was discontinued in July 2022.

The Effects of Cannabis Legalization on Crime Rates in Shasta County

Medical cannabis was legalized in 1996 in the State of California by the Compassionate Use Act, and adult-use cannabis was legalized by the MAUCRSA in 2016. Shasta County only allows the home cultivation of medical and adult-use cannabis by persons aged 21 and older, and the administration of medical cannabis to patients in specific locations.

Data from the Shasta County Sheriff's Office on the FBI’s Crime Explorer page shows that in 1995, the year prior to the legalization of medical cannabis, there were 168 marijuana offense arrests, with 100 for possession and 68 for manufacturing or sales.

A year after medical cannabis legislation, in 1997, there were 188 marijuana offense arrests, with 124 for possession and 64 for manufacturing or sales.

A year after adult-use cannabis legislation, in 2017, there were 11 marijuana offense arrests, with 10 possession arrests and one arrest for sales or manufacturing.

In 2020, there were eight marijuana offense arrests, with four for possession and four for manufacturing or sales.

The number of DUI arrests per year was as follows:

• 1995: 134 arrests

• 1997: 111 arrests

• 2017: 1 arrest

• 2020: 1 arrest