Larkspur Municipal Code Ch. 9.56 Regulations Pertaining to Personal Cultivation of

MEDICINAL AND NONMEDICINAL CANNABIS

Sections: 9.56.010 Purpose. 9.56.020 Definitions. 9.56.030 Outdoor Cultivation of Cannabis. 9.56.040 Indoor Cultivation of Cannabis. 9.56.050 Sale of Cannabis Prohibited. 9.56.060 Violation – Penalty. 9.56.070 Violation – Additional Remedies.

A. The purpose of this chapter is to:

1. Allow medicinal and nonmedicinal cannabis (marijuana) to be cultivated inside a private residence or an
accessory structure, subject to certain reasonable regulations, in all zones of the City.

2. Require that the indoor cultivation of cannabis occur only in appropriately secured, enclosed, and
ventilated structures so as not to be visible to the general public; to provide for the health, safety and welfare
of the public; and to ensure that cannabis grown for medicinal and nonmedicinal purposes remains secure
and does not find its way to persons under the age of twenty-one (21) or to illicit markets. Nothing in this
section is intended to impair any defenses available to qualified patients or primary caregivers or recreational
use of cannabis under the applicable state law. Nothing in this section is intended to authorize the cultivation,
possession, or use of cannabis in violation of state or federal law. (Ord. 1030 § 2(7), 2018; Ord. 1024 § 1, 2017)

For purposes of this chapter, the following definitions shall apply, unless indicated otherwise:

“Abatement” means the removal of cannabis plants and improvements that support cannabis cultivation which are in excess of the number of plants allowed to be cultivated under this chapter.

“Accessory structure” means a subordinate structure not a portion of a main building nor attached thereto, but located on the same lot as the main building, the use of which is purely incidental to that of the main building.

“Bedroom” means a room inside a residential building being utilized by any person primarily for sleeping purposes.

“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including but not limited to 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” also means cannabis as defined by Health and Safety Code Section 11018 and Business and Professions Code Section 26001(f), as both may be amended from time to time. Any reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products, unless otherwise specified. “Cannabis” or “cannabis product” does not mean industrial hemp as defined by Health and Safety Code Section 11018.5. “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 cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

“Cultivation site” means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.

“Fence” means any vegetative or manmade barrier, barricade, boundary marker or portion thereof or attachment thereto which serves to define the vertical projection of a property line or setback line, restricts access, provides privacy, interrupts a view, or provides security or confinement.

“Fully enclosed and secure structure” means a space within a building, greenhouse or other legal structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors.

“Indoors” means within a fully enclosed and secure structure.

“Marijuana” has the same meaning as “cannabis,” as defined in this chapter.

“Outdoors” means any location within the City that is not within a fully enclosed and secure structure.

“Parcel” means property assigned a separate parcel number by the Marin County Assessor.

“Premises” means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single “premises” for purposes of this chapter.

“Primary caregiver” means a “primary caregiver” as defined in Health and Safety Code Section 11362.7(d), as may be amended from time to time.

“Private residence” means any house, apartment unit, mobile home, or other similar dwelling.

“Qualified patient” means a “qualified patient” as defined in Health and Safety Code Section 11362.7(f), as may be amended from time to time.

“Residential structure” means any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation on a premises or legal parcel located within a zoning district that allows residential uses.

“Sale” or “sell” means any transaction whereby, for any consideration including trades, barters, or exchanges, title to cannabis or cannabis products is transferred from one person to another.

“School” means an institution of learning for persons under twenty-one (21) years of age, whether public or private, offering regular course of instruction including, without limitation, a kindergarten, elementary school, middle or junior high school, or senior high school.

“Yard” means the open space portion of any premises as defined under Larkspur Municipal Code Chapter 18.08, whether fenced or unfenced. (Ord. 1030 § 2(7), 2018; Ord. 1024 § 1, 2017)

All outdoor cultivation of cannabis within the City is prohibited. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the City to cause or allow such parcel to be used for the outdoor cultivation of cannabis, regardless of whether such cultivation is for medical, recreational or personal use. (Ord. 1030 § 2(7), 2018; Ord. 1024 § 1, 2017)

A. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel in the City to cause or allow such parcel to be used for the cultivation of cannabis plants except as provided in subsections (B) and (C) of this section.

B. Persons Permitted to Cultivate Cannabis Indoors.

1. Only a person who is at least eighteen (18) years of age and either a qualified patient or a primary
caregiver, or an adult who is at least twenty-one (21) years of age, may engage in indoor cultivation of
cannabis.

2. Residency Requirement. The person cultivating the cannabis shall reside full-time on the premises where
the indoor cultivation of cannabis occurs.

C. Indoor Cultivation Standards. Cannabis cultivated indoors, within the City, shall be in conformance with the following standards:

1. Indoor cultivation of cannabis is permitted only within a private residence or within a fully enclosed and
secure accessory structure to a private residence that meets the requirements of this chapter.

2. Any parcel where cannabis is cultivated in an accessory structure located within a yard must be enclosed
by a solid fence at least six (6) feet in height, which conforms to the fencing requirements in Larkspur
Municipal Code Chapter 18.16.

3. Cultivation areas shall be secured by lock and key or other security device that prevents unauthorized
entry.

4. Indoor cultivation of cannabis shall not exceed six (6) cannabis plants per private residence, regardless of

how many qualified adults, qualified patients, or primary caregivers are residing at the private residence.

5. Cannabis cultivation shall comply with all applicable regulations of the Larkspur Municipal Code and the
California Building, Electrical and Fire Codes as adopted by the City.

6. The use of gas products (CO2, butane, etc.) or generators for cannabis cultivation or processing is
prohibited.

7. From a public right-of-way, park or school, there shall be no visible exterior evidence of cannabis
cultivation.

8. The residence shall be occupied and is required to maintain a functioning kitchen and bathroom(s), and
the use of the primary bedrooms are for their intended purpose.

9. Any modification to existing structures or plumbing, electrical, or mechanical systems shall require a
permit from the Chief Building Official, or their designee. (Ord. 1069 § 5, 2023; Ord. 1062 § 14, 2022; Ord.
1030 § 2(7), 2018; Ord. 1024 § 1, 2017)

It shall be unlawful for any person cultivating cannabis pursuant to this chapter to sell or offer for sale the cannabis permitted to be grown under this chapter. (Ord. 1030 § 2(7), 2018; Ord. 1024 § 1, 2017)

Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as specified in Larkspur Municipal Code Section 9.24.070. (Ord. 1069 § 2, 2023; Ord. 1030 § 2(7), 2018; Ord. 1024 § 1, 2017)

As an additional remedy, any activities related to the personal cultivation of cannabis for either medicinal or nonmedicinal use that violate the provisions of this chapter are declared to be a public nuisance and may be subject to abatement as provided by Larkspur Municipal Code Chapter 9.24 and Sections 9.24.070 and 9.24.080. (Ord. 1069 §§ 2, 3, 2023; Ord. 1030 § 2(7), 2018; Ord. 1024 § 1, 2017)