(a)

Purpose.

(1)

The purpose and intent of this section is to prohibit medicinal cannabis facilities, non-medicinal cannabis facilities, cannabis cultivation, and certain cannabis deliveries, as defined below, within the Town's corporate limits.

(2)

The Town Council recognizes that it is a federal violation under the Controlled Substances Act (21 USC 801 et seq.) to possess or distribute cannabis, even if for medicinal purposes.

(3)

The Town Council is concerned about the potential increase in under-age use of cannabis and potential security issues related to cannabis cultivation and distribution. Outdoor cannabis cultivation generates a strong odor that creates an attractive nuisance, alerting neighbors and the public to the location of valuable plants and creating a risk of crime. Indoor cannabis cultivation can have similar impacts if it is detectable to the public. In addition, indoor cannabis cultivation poses a fire risk where high-wattage grow lights result in excessive use of electricity. Such negative impacts are contrary to and undermine policies that are intended to promote and maintain the public's health, safety, and welfare.

(b)

Definitions. As used in this section, the following terms shall have the meaning set forth below.

(1)

"Cannabis" shall have the meaning set forth in California Business and Professions Code § 26001(f).

(2)

"Commercial cannabis activity" shall have the meaning set forth in Business and Professions Code § 26001(k).

(3)

"Cultivation" shall have the meaning set forth in Business and Professions Code § 26001(l).

(4)

"Establish" or "operate" a medicinal cannabis facility or non-medicinal cannabis facility means and includes any of the following:

a.

The opening or commencement of the operation of a medicinal cannabis facility or non-medicinal cannabis facility;

b.

The conversion of an existing business, facility, use, establishment, property, or location to a medicinal cannabis facility or non-medicinal cannabis facility;

c.

The addition of a medicinal cannabis facility or non-medicinal cannabis facility to any other existing business, facility, use, establishment, property, or location.

(5)

"Medicinal cannabis" shall have the meaning set forth in Business and Professions Code § 26001(ai) and shall be synonymous with "medical cannabis".

(6)

"Medicinal cannabis facility" means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medicinal cannabis is sold, made available, delivered, and/or distributed by or to three or more people. A "medicinal cannabis facility" includes any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity, as defined by Business and Professions Code § 26001(k) takes place. A "medicinal cannabis facility" does not include the following uses provided that the location of such uses is otherwise regulated by and strictly complies with this Code and applicable law including, but not limited to, Health and Safety Code §§ 11362.5, 11362.7, et seq.:

a.

A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;

b.

A health facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

c.

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

d.

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;

e.

A residential hospice; or

f.

A home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

(7)

"Non-medicinal cannabis facility" means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license or nonprofit license under Business and Professions Code §§ 26000 et seq., including but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness. A "non-medicinal cannabis facility" includes any "commercial cannabis activity" as defined by Business and Professions Code § 26001(k).

(c)

Medicinal cannabis facilities, non-medicinal cannabis facilities, and certain cannabis deliveries prohibited.

(1)

Medicinal cannabis facilities are prohibited in all zones in the Town and shall not be established or operated anywhere in the Town.

(2)

Non-medicinal cannabis facilities are prohibited in all zones in the Town and shall not be established or operated anywhere in the Town.

(3)

No person may own, establish, open, operate, conduct, or manage a medicinal cannabis facility or non-medicinal cannabis facility in the Town, or be the lessor of property where a medicinal cannabis facility or non-medicinal cannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medicinal cannabis facility or non-medicinal cannabis facility in the Town.

(4)

No use permit, site plan and design review permit, tentative map, parcel map, variance, grading permit, building permit, business license, certificate of occupancy, or other zoning, subdivision, encroachment or other Town permit will be accepted, approved, or issued for the establishment or operation of a medicinal cannabis facility or non-medicinal cannabis facility. Any such permit issued in error shall be null and void.

(5)

No person and/or entity may deliver or transport cannabis from any fixed or mobile location, either inside or outside the Town, to any person in the Town, except as follows:

a.

A person may deliver or transport medicinal cannabis or medicinal cannabis products to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code § 11362.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code §§ 11362.5 and 11362.7(d).

b.

A licensed medicinal cannabis dispensary operating outside of Town limits in compliance with Business and Professions Code §§ 19300 et seq., may deliver medicinal cannabis or medicinal cannabis products to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code § 11362.7, residing within the Town.

c.

A Town business license shall be required, and appropriate business license taxes shall be paid in accordance with Title 6, Chapter 1.

(6)

Nothing contained in this section shall be deemed to permit or authorize any use or activity that is otherwise prohibited by any state law.

(d)

Cannabis cultivation. Commercial cannabis cultivation is prohibited. A person may plant, cultivate, harvest, dry, or process cannabis plants indoors or outdoors to the extent allowed under California Health and Safety Codes §§ 11362.1(a)(3) and 11362.77, subject to all restrictions under California State Law, and the following additional restrictions:

(1)

The owner of the property must provide written consent;

(2)

Compliance with all applicable Building Codes, Fire Codes, Water Efficient Landscape requirements (Title 9, Chapter 22), and Urban Runoff Pollution Prevention requirements (Title 5, Chapter 8) set forth in the San Anselmo Municipal Code;

(3)

The living plants and any cannabis produced by the plants shall be in a locked space and not visible by normal unaided vision from a public place;

(4)

No odor of cannabis shall be detectable from the property boundaries by a person of ordinary senses; and

(5)

The planting, cultivation, harvesting, drying, or processing 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.

(e)

Penalties for violation. The Town may enforce this section in any manner permitted by law. Violation of this section shall be and is hereby declared to be a public nuisance.

(1)

Any violation of the provisions of this article is hereby declared a public nuisance and contrary to the public interest and shall, at the discretion of the Town, create a cause of action for injunctive relief or shall be subject to abatement in the manner set forth in Title 1 Chapter 2.

(2)

Any person violating provisions of this article may be deemed guilty of an infraction or misdemeanor, except violations of Section 10-3-1801(c)(5), which shall be considered an infraction, and shall be subject to penalties pursuant to Section 36900 of the California Government Code, as amended.

(3)

Each and every day that any violation of this article continues, is committed or is permitted to continue shall be regarded as a new and separate offense.

(4)

The remedies provided in this section shall be cumulative and not exclusive.

(Ord. No. 1118, § 2, 10-24-2017; Ord. No. 1144, § 2, 4-14-2020)