Larkspur Municipal Code Ch. 5.42 Prohibiting Commercial Cannabis Activity

Sections: 5.42.010 Purpose and Intent.

5.42.020 Definitions. 5.42.030 Prohibited Activities. 5.42.040 Exceptions. 5.42.050 Violation and Penalty.

A. It is the purpose and intent of this chapter to prohibit all commercial cannabis activity not otherwise authorized under this chapter within the City of Larkspur (“City”).

B. The City Council finds that the prohibitions herein are necessary for the preservation and protection of the public health, safety and/or welfare. These prohibitions are within the authority conferred upon the City Council by state law and are an exercise of its police powers to enact and enforce regulations for the public health, safety and/or welfare. (Ord. 1041 § 2, 2019)

“Cannabis” means 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. For the purpose of this chapter, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code, or as otherwise amended.

“Cannabis products” 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” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products.

“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. (Ord. 1041 § 2, 2019)

A. All commercial cannabis activity is hereby prohibited within the incorporated boundaries of the City of Larkspur. The City and its agents, employees and departments shall not approve any business licenses, building permits, planning entitlements, or any other license, permit, or entitlement for such activity on any property located within the City of Larkspur. (Ord. 1041 § 2, 2019)

A. Notwithstanding Larkspur Municipal Code Section 5.42.030, the provisions of this chapter shall not apply to the delivery of cannabis and/or cannabis products to retail customers located within the City of Larkspur, where such delivery originates from state-licensed businesses physically located outside of the City of Larkspur, pursuant to Larkspur Municipal Code Chapter 5.40.

B. This chapter shall not prohibit a person twenty-one (21) years of age or older from the activities permitted under California Health and Safety Code Section 11362.1, or as otherwise amended.

C. This chapter shall also not prohibit any commercial cannabis activity that the City of Larkspur is required to permit under state law. (Ord. 1041 § 2, 2019)

A. Any commercial cannabis activity operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance.

B. The City may enforce the provisions of this chapter in any manner authorized by this code, as well as in judicial proceedings, by suspending or revoking permits, or in any other manner authorized by law. The City may prosecute a civil or criminal action for any violation of this chapter. It may also, or in lieu thereof, commence an action or proceeding for the abatement, removal and enjoinment of violations of this chapter, in any manner provided by law.

C. The remedies described in this section are cumulative and in addition to any other remedies available that may be pursued to address a violation of this chapter. (Ord. 1041 § 2, 2019)