In enacting this chapter, it is the intent of the City of Sausalito to protect the safety and welfare of the general public by regulating and monitoring medical and nonmedical marijuana facilities, commercial marijuana facilities, the delivery of all marijuana, and the outdoor cultivation of marijuana within the City's corporate limits in a manner compliant with State law.
(Ord. 1248 § 2, (Exh. A), 2017; Ord. 1249, 2018; Ord. 1265 § 1(a) (Exh. A), 2018; Ord. 1274 § 1 (Att. 1), 2019)
The following words and phrases, whenever used in this chapter, are defined as follows:
A. 
"Commercial marijuana activity"
includes "commercial cannabis activity" as set forth in California Business and Professions Code Sections 19300.5(j) and 26001(d), as may be amended from time to time, and includes the cultivation, possession, manufacture, distribution, processing, storing, testing, labeling, transportation, or sale of marijuana and marijuana products.
B. 
"Cultivation"
shall have the same meaning as set forth in California Business and Professions Code Sections 19300.5(e) and 26001(e), as may be amended from time to time, and includes any activity involved in the planting, growing, drying, curing, grading, or trimming of marijuana.
C. 
"Delivery"
shall have the same meaning as set forth in California Business and Professions Code Sections 19300.5(m) and 26001(h), as may be amended from time to time, and includes the commercial transfer of marijuana or marijuana products to another person, and also includes the use by a retailer of any technology or platform, whether owned or controlled by the retailer or independently licensed, that enables customers to arrange for or facilitate the commercial transfer of marijuana by a licensed retailer of marijuana or marijuana products.
D. 
"Establish" or "operate"
a medical or recreational marijuana facility means and includes: the opening or commencement of the operation of a medical marijuana or nonmedical marijuana facility; the conversion of an existing business, facility, use, establishment, property, or location to a medical marijuana or nonmedical marijuana facility; or the addition of a medical marijuana or nonmedical marijuana facility to any other existing business, facility, use, establishment, property, or location.
E. 
"Marijuana"
shall have the same meaning as set forth in California Health and Safety Code Section 11018 and Business and Professions Code Section 19300.5(f), as may be amended from time to time.
F. 
"Medical marijuana"
is marijuana used for medical purposes where that medical use is deemed appropriate and recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of conditions such as acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in California Health and Safety Code Section 11362.7(h), as may be amended from time to time.
G. 
"Medical marijuana facility"
means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medical marijuana is sold, made available, delivered, and/or distributed by one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card. A "medical marijuana facility" shall not include the following uses: a clinic licensed pursuant to California Health and Safety Code Division 2, Chapter 1; a healthcare facility licensed pursuant to California Health and Safety Code Division 2, Chapter 2; a facility licensed pursuant to California Health and Safety Code Division 2, Chapter 2; a residential care facility for persons with chronic life-threatening illness licensed pursuant to California Health and Safety Code Division 2, Chapter 3.01; a residential care facility for the elderly licensed pursuant to California Health and Safety Code Division 2, Chapter 3.2; a residential hospice; or a home health agency licensed pursuant to California Health and Safety Code Division 2, Chapter 8.
H. 
"Nonmedical marijuana facility"
means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or permits another person or entity to establish, commence, engage in, or conduct any activity that requires a State license or nonprofit license under Business and Professions Code Section 26000 et seq., including but not limited to marijuana cultivation, distribution, transportation, storage, manufacturing of marijuana products, processing, the sale of marijuana or marijuana products, and the operation of marijuana microbusinesses. A "nonmedical marijuana facility" includes any "commercial marijuana activity" as defined by Business and Professions Code Section 26001(d).
I. 
"Outdoors"
means any location that is not within a fully enclosed and secure structure.
(Ord. 1248 § 2, (Exh. A), 2017; Ord. 1249, 2018; Ord. 1265 § 1(a) (Exh. A), 2018; Ord. 1274 § 1 (Att. 1), 2019)
A. 
Medical Marijuana Facilities. Medical marijuana facilities are prohibited in all zones in the City and shall not be established or operated in the City.
B. 
Nonmedical Marijuana Facilities. Nonmedical marijuana facilities are prohibited in all zones in the City and shall not be established or operated in the City.
C. 
Commercial Marijuana Activity. Commercial marijuana activity is prohibited in all zones in the City and shall not be established or operated in the City.
D. 
Property Owners. A property owner shall not rent, lease, or otherwise permit any person, business, or entity that engages in commercial marijuana activity to occupy real property in the City.
E. 
Deliveries. No person and/or entity may deliver cannabis from any fixed or mobile location, either inside or outside the City, to any person in the City, except as follows:
1. 
A licensed cannabis retailer, microbusiness, or nonprofit licensed under California Business and Professions Code Section 26000 et seq. may deliver medicinal cannabis or medicinal cannabis products to any qualified patient or any person with an identification card in the City, as those terms are defined in California Health and Safety Code Section 11362.7, or to their primary caregiver as defined in California Health and Safety Code Sections 11362.5 and 11362.7(d).
2. 
A licensed cannabis retailer, microbusiness, or nonprofit selling cannabis or cannabis products for medical or adult use may deliver products in compliance with California Business and Professions Code Section 26090 within the City. All deliveries shall also comply with regulations of the Department of Cannabis Control.
3. 
Any person or entity delivering cannabis or cannabis products for medical or adult use in accordance with this subsection E shall register with or notify the City of Sausalito.
F. 
Outdoor Cultivation. Outdoor marijuana cultivation is prohibited in all zones in the City.
G. 
Indoor Cultivation. Indoor marijuana cultivation is prohibited; provided, however, that a person may plant, cultivate, harvest, dry, or process cannabis plants to the extent allowed under California Health and Safety Code Sections 11362.1(a)(3) and 11362.77, subject to all restrictions under California State law inside a single private residence or accessory structure to the residence located on the grounds of that residence; provided, that the location is fully enclosed and secured against unauthorized entry; and provided, that the following standards are met:
1. 
Marijuana cultivation including any lighting, plumbing, or electrical components shall comply with all applicable building and fire codes.
2. 
The use of gas products (CO2, butane, etc.) for marijuana cultivation is prohibited.
3. 
Marijuana shall not be detectable by sight or smell from adjacent properties or public spaces.
4. 
The residential structure shall remain at all times an occupied residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for marijuana cultivation where such cultivation will prevent their primary use.
5. 
The property owner must provide express written consent allowing marijuana cultivation in the event any nonowner occupant wishes to cultivate marijuana on the property.
6. 
Marijuana cultivation shall not occur in both a detached structure and inside a residence on the same parcel. Only one cultivation area is allowed per parcel.
(Ord. 1248 § 2, (Exh. A), 2017; Ord. 1249, 2018; Ord. 1265 § 1(a) (Exh. A), 2018; Ord. 1274 § 1 (Att. 1), 2019; Ord. 07-2024 § 2, 2024)
The City may enforce this chapter in any manner permitted by law. Violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall create a cause of action for injunctive relief at the City's discretion.
(Ord. 1248 § 2, (Exh. A), 2017; Ord. 1249, 2018; Ord. 1265 § 1(a) (Exh. A), 2018; Ord. 1274 § 1 (Att. 1), 2019)