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Mill Valley City Zoning Code

CHAPTER 20

14 CANNABIS PROHIBITIONS AND REGULATIONS

§ 20.14.010 Definitions.

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Cannabis"
means marijuana and all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes cannabis that is used for medical, nonmedical, or other purposes. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.
"Cannabis product"
means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
"Commercial cannabis activity"
means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, nonmedical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765.
"Commercial cannabis use"
means the use of any property for commercial cannabis activity.
"Compassionate Use Act"
means the Compassionate Use Act of 1996 (Proposition 215), codified as California Health and Safety Code Section 11362.5.
"Concentrated cannabis"
means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.
"Cultivation"
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
"Delivery"
means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.
"Distribution"
means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as the same may be amended from time to time.
"Fully enclosed and secure structure"
means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.
"Indoor"
means within a fully enclosed and secure structure.
"Manufacture"
means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
"MAUCRSA"
means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time.
"Medical Marijuana Program"
means California Health and Safety Code Sections 11362.7 through 11362.83, as such statutes may be amended from time to time.
"Outdoors"
means any location that is not within a fully enclosed and secure structure.
"Person"
means any natural person, firm, corporation, association, club, society, partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative, coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group or entity or combination of organizations or entities of any kind whatsoever, however formed, as well as trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner, operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs, executors, administrators and assigns. The term "person" shall also include all persons who have an ownership or leasehold interest in any real property, premises and/or structures in which commercial cannabis activity is occurring.
"Primary caregiver"
shall have the same meaning as is defined in California Health and Safety Code Section 11362.7(d), as the same may be amended from time to time.
"Private residence"
means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.
"Qualified patient"
means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, as the same may be amended from time to time.
(Ord. 1297 § 4, November 6, 2017)

§ 20.14.020 Prohibited use.

Subject to the exceptions set forth in Section 20.14.040, the following activities and uses are prohibited in the City:
A. 
Commercial cannabis activity, whether or not for profit, is prohibited in the City. No person shall establish, operate, maintain, conduct, allow, or engage in commercial cannabis activity anywhere within the City.
B. 
Commercial cannabis uses are expressly prohibited in all zones and overlay districts in the City and shall not be operated anywhere in the City.
1. 
No person shall own, establish, operate, maintain, conduct or allow commercial cannabis uses anywhere within the City.
2. 
A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City.
3. 
The city shall not accept or approve any application for a building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial cannabis use. Any such permit issued in error shall be null and void.
C. 
Outdoor cannabis cultivation is expressly prohibited everywhere in the City. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors.
D. 
Indoor cannabis cultivation, including cultivation by a qualified patient and primary caregiver, is prohibited except in strict compliance with Section 20.14.030.
E. 
No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the City.
1. 
This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City.
2. 
The delivery of cannabis to a qualified patient or a primary caregiver from a business located outside the City and licensed under the MAUCRSA or any other provision of law that permits state licenses for medical cannabis businesses, shall be permitted into the City.
F. 
Nothing contained in this section shall be deemed to permit or authorize any use or activity that is otherwise prohibited by any state law.
(Ord. 1297 § 4, November 6, 2017)

§ 20.14.030 Indoor cannabis cultivation.

It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the City to cause or allow such real property to be used for the cultivation of cannabis except in strict compliance with all of the requirements set forth below.
A. 
Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence.
B. 
Cannabis cultivation is permitted only within fully enclosed structures that are secured against unauthorized entry.
C. 
Cannabis cultivation shall be limited to six plants total, whether immature or mature, regardless of how many residents reside at the private residence.
D. 
Cannabis cultivation must comply with all applicable building code requirements set forth in the Mill Valley Municipal Code and Health and Safety Code Section 11362.2.
E. 
Only persons 21 years of age or older may cultivate cannabis. Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code Sections 11362.1 and 11362.2. No person under 21 years of age shall have access to cannabis cultivated at a private residence.
F. 
The owner of the property must provide written consent expressly allowing the cannabis cultivation to occur.
G. 
The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.
H. 
There is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.
(Ord. 1297 § 4, November 6, 2017)

§ 20.14.040 Exceptions.

A. 
The delivery of cannabis to a qualified patient or a primary caregiver from a business located outside the City and licensed under the MAUCRSA or any other provision of law that permits state licenses for medical cannabis businesses, shall be permitted into the City.
B. 
Nothing in this chapter shall prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City.
C. 
Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code Section 11362.1.
D. 
Nothing in this chapter shall prohibit any commercial cannabis activity that the City is required by state law to permit within its jurisdiction pursuant to Business and Professions Code Section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA.
(Ord. 1297 § 4, November 6, 2017)

§ 20.14.050 Violation-Penalty.

In addition to any other enforcement permitted by this chapter of the Mill Valley Municipal Code, the City Attorney or City Prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapters 8.01, 8.02 and 8.03 of the Mill Valley Municipal Code, no provision of this chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71, et seq., or Section 11362.1, et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Title 8, "Community Preservation," Chapters 8.01, 8.02, 8.03 and 8.72 of the Mill Valley Municipal Code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
(Ord. 1297 § 4, November 6, 2017)