§ 22.40.020. Applicability.

California Business and Professions Code Section 26067 specifies: "For the purposes of this division [Division 10], cannabis is an agricultural product." However, the identification of cannabis as an agricultural product does not extend to other areas of the law. For example, cannabis is not an agricultural commodity with respect to local "right to farm" ordinances. Additionally, cannabis cultivation has never been considered "crop production and grazing" (a land use type) as that term is defined in the San Luis Obispo County General Plan or Titles 22 and 23, and is therefore not exempt from land use permitting requirements.

Except as provided in Section 22.40.030 of this Chapter, cannabis activities shall not be allowed in the unincorporated areas of San Luis Obispo County without first securing all permits, licenses, or other entitlements required by County ordinance and State law and regulation.

For the purposes of this Chapter, cannabis does not include "industrial hemp" as that term is defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code, as they may be amended. Persons claiming plants do not fall under this Chapter bear the burden of presenting evidence demonstrating the plants are industrial hemp, and not cannabis, including but not limited to providing THC testing, germplasm, cultivar, strain and/or clone information, as well as evidence the operation is in compliance with state law. Any violation of state law related to industrial hemp shall be considered a violation of this Chapter and subject to the enforcement procedures and provisions set forth under Sections 1.05.080, 22.40.130, and 22.74.150.

For the purposes of this Chapter, "site" means any lot or parcel of land or contiguous combination thereof, under the same ownership.

[2017, Ord. 3358; 2018, Ord. 3377]