The purpose and intent of this chapter is to regulate the cultivation of medicinal and adult use cannabis for personal use in a manner that is consistent with state law and that balances the needs of medical patients and their caregivers, and the interests of personal use cultivators, while promoting the health, safety and welfare of the residents and businesses within the town and to provide for the health, safety and welfare of the public, and to ensure that cannabis grown for personal use remains secure and does not find its way to persons under the age of twenty one who are not authorized patients, or to illicit markets. This chapter shall not be enforced to conflict with state law rights of qualified patients or qualified primary caregivers. Nothing in this section is intended to authorize the cultivation, possession, or use of cannabis in violation of state law.

(Ord. No. 987, § 4(Exh. B), 5-21-2019)

For purposes of this chapter, the following definitions shall apply, unless indicated otherwise.

(1)

"Adult use cannabis" refers to that term as set forth in California Business and Professions Code § 26000(2), as amended from time to time, and shall be synonymous with "Adult Use cannabis."

(2)

"Cannabis cultivation" shall have the same meaning set forth in California Business & Professions Code Section 26001, as amended from time to time.

(3)

"Cultivation site" shall have the same meaning set forth in California Business & Professions Code Section 26001(m), as amended from time to time.

(4)

"Indoor cultivation" refers to cannabis cultivation within a building that complies with applicable provisions of the California Building Standards Code as adopted that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials.

(5)

"Medicinal or medical cannabis" shall have the same meaning set forth in California Business and Professions Code § 26001(ai), as amended from time to time, and shall be synonymous with "medical cannabis."

(6)

"Outdoor cultivation" refers to cannabis cultivation at a location other than an indoor cultivation site.

(7)

"Personal use" means for individual cultivation and consumption of cannabis products. Any cannabis cultivation requiring a state license under California Business and Professions Code, § 26001, as amended from time to time, is not "personal use."

(8)

"Primary caregiver" shall have the same meaning set forth in California Health and Safety Code 11362.5(e), as amended from time to time.

(9)

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling as defined in California Health and Safety Code Section 11362.2, as amended from time to time.

(10)

"Qualified patient" shall have the same meaning set forth in California Health & Safety Code Section 11362.7(f), as amended from time to time.

(11)

"Residential structure" means any building or portion thereof legally existing that contains living facilities, including provisions for sleeping, eating, cooking, and sanitation on a premises or legal parcel located within a zoning district that allows residential uses. Also, see "Residence" as defined in Corte Madera Municipal Code Section 18.04.645.

(12)

"Sell," "sale," and "to sell" shall have the same meaning set forth in California Business & Professions Code Section 26001, as amended from time to time.

(13)

"School" means an institution of learning for persons under twenty-one years of age, whether public or private, offering regular course of instruction including, without limitation, a preschool, a kindergarten, elementary school, middle or junior high school, or senior high school.

(Ord. No. 987, § 4(Exh. B), 5-21-2019)

(a)

It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel in the town to cause or allow such parcel to be used for the indoor or outdoor cultivation of cannabis plants except as provided in subsections (b)and (c) of this section.

(b)

Persons permitted to cultivate cannabis for personal use.

(1)

Only a person who is (1) at least eighteen years of age and a qualified patient, (2) at least twenty-one years of age, or (3) a primary caregiver may engage in cultivation of cannabis for personal use.

(2)

The person cultivating the cannabis shall reside full-time (at least fifty-one percent of the time over a given year) on the premises where the cultivation of cannabis occurs.

(3)

Cultivation Standards. Cannabis cultivation for personal use within the town shall be in conformance with each of the following standards:

a.

General

1.

Cultivation of cannabis for personal use is allowed in all residential zoning districts and in no other zoning district.

2.

The personal cultivation of adult use cannabis is limited to no more than six mature plants per private residence, regardless of the number of residents at the residence.

3.

Cultivation areas, cannabis plants and any cannabis products derived from the plants and cannabis growing equipment shall be completely secured, by locked doors or gates or other security device that prevents unauthorized entry and shall not be visible from a public right-of-way, park or school from the ground level with the unaided eye.

4.

The use of gas products (CO2, butane, etc.) or generators for cannabis cultivation or processing is prohibited.

5.

A parcel that is being used for cannabis cultivation must include a legal residence that shall be occupied and is required to maintain a functioning kitchen and bathroom(s), and the use of the primary bedrooms for their intended purpose.

6.

The planting, harvesting, drying, or processing of cannabis for personal use shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious odor, smoke, traffic, vibration or other impacts or be hazardous due to use or storage of materials, processes, products or waste associated with cannabis cultivation.

7.

Cultivation of cannabis for personal use is allowed subject to the property owner(s) consent. Proof of consent must be maintained on the property.

b.

Indoor Cultivation

1.

Indoor cultivation for personal use shall comply with all applicable regulations of the Corte Madera Municipal Code and the California Building, Electrical and Fire Codes as adopted by the town.

2.

Modifications to existing structures or plumbing, electrical, or mechanical systems for construction of indoor cannabis cultivation areas for personal use may require a permit from the building department.

c.

Outdoor Cultivation

1.

Outdoor cultivation for personal use must be enclosed by a solid fence at least six feet in height with a locked gate or gates.

2.

Outdoor cultivation for personal use is prohibited on any parcel that is not zoned R-1, R-1-A, R-1-B, R-1-C, even if the parcel contains a residential structure or a residential use.

3.

For outdoor cultivation, all cannabis plants and growing equipment shall be located at least 10 feet from all property lines and shall not be located in a front setback.

4.

Outdoor cultivation for personal use is prohibited on parcels that share one or more property lines with a school.

(Ord. No. 987, § 4(Exh. B), 5-21-2019)