Marijuana Regulations and Registration
Cultivation for Personal Use Registration RequirementsPer Fremont Municipal Code Section 18.190.307 (c)(4)(O) the Fremont Police Chief has established procedures for registering the cultivation of marijuana within City of Fremont limits. No person shall commence or continue to cultivate marijuana within the City of Fremont without first registering the site of the cultivation. Please read the City of Fremont guidelines and register below.
View the City of Fremont Marijuana Activities Municipal Ordinance FMC 18.190.307 on Marijuana activities.
View the City of Fremont Marijuana and related terms definition FMC 18.25.1815.
- Anyone, over the age of 21, wishing to cultivate marijuana within the City of Fremont for personal use is required to register the site (see specific guidelines below) with the Fremont Police Department.
- The registrant shall reside at the residence wherein the cultivation occurs.
- A total of no more than six plants are permitted per residence, regardless of the number of individuals residing in the residence.
- The cultivation must take place in an approved location of the residence and shall not be outdoors.
- The registrant must re-register annually.
- Name, address, phone number and email is required.
- Property owner authorization is required. If the qualified person is not the property owner, proof of notification to the property owner, property manager or management company must be submitted at time of registration.
Resources and Additional Information for Cultivation in the City of Fremont
What is permitted in the City of Fremont?
- Cultivation of up to six marijuana plants per residence is permitted.
- A resident is only allowed to cultivate within his/her personal residence or in an attached garage or other fully enclosed and locked accessory structure located entirely on property owned or legally possessed by him or her.
- Cultivation is permitted only for personal use.
- Area: In any residence, the marijuana cultivation area shall not exceed thirty-two (32) square feet measured by the marijuana canopy, and the plants shall not exceed ten (10) linear feet in height. These limits apply regardless of the number of individuals residing in the residence. The cultivation area shall be a single designated area.
- All City of Fremont smoking laws apply to the use of marijuana. View FMC 8.55 regarding smoking.
- Lighting: Lighting for marijuana cultivation shall not exceed a total of 1,200 watts or otherwise pose a fire or safety hazard.
- Building Code Requirements: Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building, standards codes, in addition to all applicable zoning codes, including lot coverage, set back, height and parking requirements.
- Gas Products: The use of gas products, including but not limited to carbon dioxide and butane, for marijuana cultivation or processing is prohibited.
- Evidence of Cultivation: From outside the building wherein cultivation occurs, there shall be no exterior evidence or marijuana cultivation occurring on the site.
- Residence: The registrant shall reside at the residence wherein the marijuana cultivation occurs.
- Cultivation Elsewhere in the City: The qualified person shall not participate in cultivation in any other location within the city.
- Incidental Use: The residence shall maintain kitchen, bathrooms and primary bedrooms for their intended use, and marijuana cultivation shall be limited to an incidental use of the residence.
- Property Owner Authorization: For rental property, the lessee shall notify the property owner or property manager or management company of the cultivation and no marijuana cultivation is permitted that would violate any lease term. Proof of notification is required at time of registration.
What is not permitted in the City of Fremont?
- No outdoor cultivation is allowed within the City of Fremont.
- Marijuana dispensaries, including medical dispensaries, are prohibited in all zones and no use permit shall be issued in the City of Fremont.
- All marijuana delivery, including but not limited to medical marijuana delivery is banned and subject to civil enforcement remedies available by law, at the discretion of the City.
- All other marijuana businesses of any sort are expressly banned.