Menlo Park Municipal Code Ch. 7.31 Cannabis Use

(a) For purposes of this chapter, "state law" means the Control, Regulate, and Tax Adult Use of Marijuana Act and the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

(b) The personal use of cannabis is permitted in accordance with state law.

(c) Indoor cultivation for personal use is permitted in the city in accordance with state law. Indoor cultivation is limited to a maximum of six (6) plants total per residence, whether immature or mature, regardless of how many residents reside at the private residence. Indoor cultivation includes cultivation that is fully enclosed within a private residence or inside an accessory structure located on the grounds of a private residence. Persons engaging in indoor cultivation shall comply with all state and local laws regarding health and safety, including fire and building codes. The residence shall maintain fully functional and useable kitchen, bathroom and bedroom areas for their intended use by the resident(s) and the premises shall not be used primarily or exclusively for cannabis cultivation.

(Ord. 1056 § 2 (part), 2019)

Personal outdoor cultivation of any cannabis plant(s) is prohibited in the city.

(Ord. 1056 § 2 (part), 2019)

In accordance with state law, smoking cannabis is prohibited in any public place, where smoking tobacco is prohibited, within one thousand (1,000) feet of a school, day care or youth center, or while driving or riding in the passenger seat of vehicle. Smoking is regulated or prohibited in the city pursuant to state law governing smoking and this chapter.

(Ord. 1056 § 2 (part), 2019)

(a) All commercial cannabis uses, including, but not limited to, indoor cultivation, outdoor cultivation, retail, testing, manufacture or distribution, are prohibited in the city. No permit or license or any other entitlement shall be issued by the city for the establishment or operation of a commercial cannabis use anywhere in the city.

(b) Cannabis retailers and other cannabis delivery services are prohibited from physically locating in the city. However, state-licensed cannabis retailers that are legally established outside city limits, operating with a valid state-issued license and in compliance with all applicable laws may provide cannabis deliveries within the city.

(Ord. 1056 § 2 (part), 2019)

The city may enforce this chapter in any manner permitted by law and is entitled to recover all costs, including attorney's fees, related to enforcement. Any violation of this chapter is hereby declared to be a public nuisance and shall, at the discretion of the city, create a cause of action for injunctive relief.

(Ord. 1056 § 2 (part), 2019)