This Article establishes regulations governing cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, and sale of cannabis and cannabis products, whether for medicinal or adult use. The City finds it necessary to establish such regulations in the interest of the public health, safety and welfare to regulate all cannabis-related activities.

(Ord. No. 1130-370, § 5, 11-13-17; Ord. No. 1130-382, § 4(Exh. A), 11-9-20)

This Article shall apply to the establishment of all land uses related to cannabis and cannabis products, whether for medicinal or adult use.

(Ord. No. 1130-370, § 5, 11-13-17)

For the purposes of this Article, the following words and phrases shall have the following meanings:

A.

"Cannabis" means any or 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" 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" shall not include industrial hemp, as defined in Health and Safety section 11018.5.

B.

"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.

C.

"Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products for commercial purposes, whether for profit or nonprofit, and for which a state license is required under Business and Professions Code sections 26000 and following.

D.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

E.

"Delivery" shall have the same meaning set forth in Business and Professions Code section 26001(p), and includes the commercial transfer or the use of any technology platform to arrange for or facilitate the commercial transfer of cannabis and/or cannabis products to a person.

F.

"Delivery Center" or "Non-Storefront Retail" means a business or operation, whether for profit or non-profit, whose premises are closed to the public and which sells cannabis and/or cannabis products exclusively by delivery, for which a state license (Type 9-Non-storefront Retailer) is required under Business and Professions Code Sections 26000 and following.

G.

"Fully enclosed and secure structure" means a code-compliant 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, and which is accessible only through one or more locking doors.

H.

"Indoor" means within a fully enclosed and secure structure as defined herein.

I.

"Library" means the Redwood City Downtown Library, Fair Oaks Branch Library, Schaberg Branch Library and Redwood Shores Branch Library.

J.

"Non-Storefront Retail" has the same meaning as "Delivery Center."

K.

"Nursery" means a business or operation, whether for profit or nonprofit, that produces only clones, immature plants, seeds, and other agricultural products used specifically for planting and propagation of cannabis for which a state license (Type 4—Nursery) is required under Business and Professions Code Sections 26000 and following. A nursery producing seed for distribution may contain mature plants, but all products, except seed, derived from these plants are prohibited from entering the commercial distribution chain. A nursery may maintain a research and development area for the cultivation of mature plants, but all products derived from these plants are prohibited from entering the commercial distribution chain.

L.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling.

M.

"Public Park" means all grounds, parks, playgrounds, buildings and public areas under the jurisdiction of any governmental agency used for park and recreation purposes.

N.

"School" means any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

O.

"Storefront Retail" means a business or operation, whether for profit or nonprofit which sells cannabis and/or cannabis products to customers from a licensed premises that is open to the public, for which a state license (Type 10-Storefront Retailer) is required under Business and Professions Code Sections 26000 and following. In addition to conducting sales at its premises, a storefront retailer may also conduct sales through delivery.

P.

"Youth center" includes any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities and shall have the same meaning as set forth in California Health and Safety Code Section 11353.1.

(Ord. No. 1130-370, § 5, 11-13-17; Ord. No. 1130-372, § 4, 5-7-18; Ord. No. 1130-382, § 4(Exh. A), 11-9-20)

Commercial cannabis activity is prohibited except as stated below.

A.

Cultivation.

1.

Nursery. Indoor nurseries are permitted in the IR, LII, IP, and GI Zoning Districts, subject to Section 59.5 (Minimum Distance Requirements) and the following:

a.

A Use Permit.

b.

A Cannabis Business Permit, as described in Municipal Code, Chapter 32, Article V, Division 7 (Regulation of Cannabis Businesses).

2.

All Other Cultivation. All other types of cultivation are prohibited in all zoning districts.

B.

Delivery Center (Non-Storefront Retail).

1.

Delivery centers are permitted as of right in the IR, LII, IP and GI Zoning Districts, subject to Section 59.5 (Minimum Distance Requirements) and the following:

a.

A Cannabis Business Permit, as described in Municipal Code, Chapter 32, Article V, Division 7 (Regulation of Cannabis Businesses).

2.

Reserved.

C.

Deliveries. Deliveries to any person aged 21 or older located in Redwood City. Deliveries are also subject to all applicable requirements under Municipal Code, Chapter 32, Article V, Division 7 (Regulation of Cannabis Businesses), whether they originate in Redwood City or from another location.

D.

Storefront Retail.

1.

Storefront retail is permitted in the same manner as a retail use in the DTTP (Entertainment District, Downtown Core), MUC, MUN, MUT, MUW, CN, GC, LII Zoning Districts, subject to Section 59.5 (Minimum Distance Requirements) and the following:

a.

A Cannabis Business Permit, as described in Municipal Code, Chapter 32, Article V, Division 7 (Regulations of Cannabis Businesses).

2.

Storefront retail is conditionally permitted in the same manner as a retail use in the DTPP (Downtown General), MUT, LII, IR and IP Zoning District subject to Section 59.5 (Minimum Distance Requirements) and the following:

a.

A Use Permit.

b.

A Cannabis Business Permit, as described in Municipal Code, Chapter 32, Article V, Division 7 (Regulation of Cannabis Businesses).

(Ord. No. 1130-370, § 5, 11-13-17; Ord. No. 1130-372, § 4, 5-7-18; Ord. No. 1130-376, § 4(Exh. A), 8-27-18; Ord. No. 1130-382, § 4(Exh. A), 11-9-20; Ord. No. 1130-386, § 4(Exh. A), 7-24-23)

Editor's note— Ord. No. 1130-372, § 4, adopted May 7, 2018, amended § 59.4 to read as set out herein. Previously § 59.4 was titled "Commercial Cannabis Activity Prohibited."

A.

Minimum Distance of Six Hundred (600) Feet. Commercial cannabis activity shall not be established within six hundred (600) feet of any of the following, whether existing or entitled:

1.

Schools as defined in Section 59.3 (Definitions).

2.

Child care facility as defined in Article 2 (Definitions) excluding large and small family child care homes.

3.

Public Parks as defined in Section 59.3 (Definitions).

4.

Youth Centers as defined in Section 59.3 (Definitions).

5.

Libraries as defined in Section 59.3 (Definitions).

B.

Measurement of Distance. The required minimum distance is measured horizontally in a straight line from the property line of the protected use to the property line of the lot containing the commercial cannabis activity.

(Ord. No. 1130-372, § 4, 5-7-18; Ord. No. 1130-382, § 4(Exh. A), 11-9-20)

Indoor cultivation of no more than six (6) living cannabis plants for personal use is permitted in all zoning districts. No more than six (6) living cannabis plants may be possessed, planted, cultivated, harvested, dried, or processed within a private residence at any one (1) time, including within an accessory structure to a private residence that is fully enclosed and secure. The plants shall not be visible from a public place. Persons engaging in indoor cultivation must comply with state and local laws, including all applicable building, electrical, fire, and water codes and regulations.

(Ord. No. 1130-370, § 5, 11-13-17; Ord. No. 1130-372, § 4, 5-7-18)

Editor's note— Ord. No. 1130-372, § 4, adopted May 7, 2018, enacted a new § 59.5; renumbered existing § 59.5 as § 59.6; and amended § 59.6 to read as set out herein. Former § 59.5 pertained to "Cultivation of Cannabis Prohibited."

A.

Any person found to be in violation of any provision of this Article shall be subject to the enforcement remedies set forth in Article 50 of this Code.

B.

Each violation of this Article and each day of violation of this Article shall be considered as separate and distinct violations thereof and the imposition of a penalty shall be as set forth in subsection (A) of this section for each and every separate violation and each and every day of violation.

(Ord. No. 1130-370, § 5, 11-13-17; Ord. No. 1130-372, § 4, 5-7-18)

Editor's note— Ord. No. 1130-372, § 4, adopted May 7, 2018, renumbered § 59.6 as § 59.7. See editor's note at § 59.6 for more information.

Any use or condition caused or permitted to exist in violation of any of the provisions of this Article shall be and is hereby declared a public nuisance and may be abated by the City pursuant to the procedures set forth in Article 50 of this Code.

(Ord. No. 1130-370, § 5, 11-13-17; Ord. No. 1130-372, § 4, 5-7-18)

Editor's note— Ord. No. 1130-372, § 4, adopted May 7, 2018, renumbered § 59.7 as § 59.8. See editor's note at § 59.6 for more information.