Belmont Municipal Code Art. IX Cannabis

Footnotes:

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Editor's note— Article IX, Cannabis, was added by Ord. No. 2017-1128, § 1, adopted December 12, 2017.

(a) The purpose of this article is to promote the public health, safety and welfare by:

(1) Protecting citizens from the secondary impacts associated with medical cannabis dispensaries and commercial cannabis activity, including, but not limited to, loitering, fraud in obtaining or use of medical cannabis identification cards, robbery, assaults, and other crimes.

(2) Protecting citizens from secondary impacts associated with cannabis cultivation and distribution, including, but not limited to, electrical fires and ignition of volatile chemical substances utilized in the cultivation process, crimes occurring at grow sites, odors perceptible in neighborhoods, and related nuisances.

(3) Preventing increased demands for police response resulting from activities at cannabis cultivation sites, storage facilities, dispensaries, and retail outlets, and thereby avoiding reduction in the ability of the city's public safety officers to respond to other calls for service.

(b) The city adopts this article under its authority granted by California Constitution Article XI, Section 7, Proposition 215 (the Compassionate Use Act), Proposition 64 (the "Control, Regulate and Tax Adult Use of Marijuana Act" or the "AUMA") and Health and Safety Code Section 11362.2.

(Ord. No. 2017-1128, § 2, 12-12-17; Ord. No. 2024-1176, § 2, 2-13-24)

(a) Except as provided in subsections (b) and (c), to the extent permitted by law, the City of Belmont prohibits the establishment or operation of a cannabis business or activity licensed under Business and Professions Code Division 10 within the city's jurisdiction, including the establishment or operation of medical cannabis collectives, cooperatives, or dispensaries.

(b) Only those cannabis businesses authorized, properly registered, in good standing and conducting business in accordance with Chapter 13 may be established and operate in the city.

(c) This section does not prohibit mobile delivery of cannabis or cannabis products to a residence within the city from a business located outside the city.

(Ord. No. 2017-1128, § 3, 12-12-17; Ord. No. 2024-1176, § 3, 2-13-24)

(a) To the extent permitted by law, the City of Belmont prohibits any person to plant, cultivate, harvest, dry, or process cannabis within its jurisdiction.

(b) Violation of this section is a public nuisance.

(c) Violation of this section is not a crime but may be enforced by civil or administrative process, including injunction, abatement, civil penalties, and administrative citation.

(Ord. No. 2017-1128, § 4, 12-12-17)

(a) It is not a violation of section 15-112, subsection (a) for a person 21 years or older to possess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants, whether indoor or outdoor, in compliance with Health and Safety Code Section 11362.2, subdivision (a) and the following local requirements.

(1) Odor from cultivation must not be detectible off the grounds of the private residence or from any place accessible to the public.

(2) Cultivation must comply with and not contribute to violation of the State Housing Law the California Building Standards Codes as locally adopted and amended, the regulations for existing buildings in California Code of Regulations Title 25, and city property maintenance standards applicable to residential property.

(3) Cultivation must not displace required parking.

(4) Cultivation must at all times be a secondary use to an occupied private residence.

(b) It is not a violation of section 15-112, subsection (a) for a person described in Health and Safety Code Section 11362.1, subdivision (a), to engage in the conduct described in Section 11362.1, subdivisions (a)(1), (a)(2), (a)(4) and (a)(5).

(c) Marijuana is currently a Schedule 1 drug under the federal Controlled Substances Act. Accordingly, this section is inoperative if Health and Safety Code Section 11362.1, subdivision (a) is preempted by federal law or is otherwise unconstitutional.

(Ord. No. 2017-1128, § 5, 12-12-17)