Petaluma Municipal Code Ch. 6.10 Cannabis

The purpose of this chapter is to recognize and respect the will of the California voters in approving, in November

2016, Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, referred to as the Adult Use of

Marijuana Act ("AUMA"), which legalized, subject to certain restrictions, speciRed nonmedical cannabis uses for

purposes of state law through adoption of less restrictive local cannabis regulations, including regulations

permitting: manufacturing and wholesale sale of topical and edible cannabis products; cannabis testing

laboratories; retail delivery of cannabis and cannabis products; and on-site retail sale of cannabis and cannabis

products, subject to and in accordance with a valid permit issued by an authorized city oTcial and all applicable

state and local laws and regulations, including regulations promulgated pursuant to this chapter. It is also the

purpose of this chapter to promote the public health, safety and welfare of the Petaluma community by:

A. Protecting citizens from the secondary impacts associated with cannabis dispensaries and commercial

cannabis activity, including, but not limited to, increased public consumption of cannabis and the potential for

increased cannabis DUIs, illegal resale of cannabis obtained at low cost from dispensaries, loitering, robbery,

assaults, and other crimes;

B. Protecting citizens from secondary impacts associated with commercial cannabis activity such as cannabis

cultivation, including, but not limited to, electrical Rres and ignition of chemical substances utilized in the

cultivation process, crimes occurring at grow sites, and neighborhood concerns regarding odors, late night traTc,

and related nuisances;

C. Protecting citizens from secondary impacts of cannabis delivery, including, but not limited to, delivery during

nighttime hours and delivery by minors;

D. Preventing increased demands for police response resulting from activities at cannabis dispensaries and

cultivation sites, commercial cannabis activity and cannabis delivery and thereby avoiding reduction in the ability

of the city’s public safety oTcers to respond to other calls for service; and

E. Maintaining the access of qualiRed patients and primary caregivers to medical cannabis and medical cannabis

products.

(Ord. 2891 NCS §§2, 3, 2024; Ord. 2634 NCS §3, 2017. Formerly 10.15.010.)

For purposes of this chapter, the following terms are deRned as follows:

A. "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 puriRed, extracted from any part of the

plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin,

as deRned in California Business and Professions Code Section 26001, subdivision (f), as that section and

subdivision may be amended or interpreted by the California courts or superseded by any successor statute.

"Cannabis" also means the separated resin, whether crude or puriRed, obtained from cannabis. "Cannabis" does

not include the mature stalks of the plant, Rber 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), Rber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

"Cannabis" does not mean "industrial hemp" as deRned by Section 11018.5 of the California Health and Safety

Code, as that section may be amended or interpreted by the California courts or superseded by any successor

statute. "Cannabis" includes "medical cannabis."

B. "Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active

cannabinoids, thereby increasing the product’s potency, in accordance with the deRnition in California Business

and Professions Code Section 26001, subdivision (h), as that section and subdivision may be amended or

interpreted by the California courts or superseded by any successor statute.

C. "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 marijuana or concentrated cannabis and other ingredients in accordance with the deRnition in

California Health and Safety Code Section 11018.1, as that section may be amended or interpreted by the

California courts or superseded by any successor statute.

D. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing,

storing, laboratory testing, labeling, transportation, distribution, delivery or sale of cannabis and cannabis

products in accordance with the deRnition in California Business and Professions Code Section 26001, subdivision

(k), as that section and subdivision may be amended or interpreted by the California courts or superseded by any

successor statute.

E. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or

trimming of cannabis, in accordance with the deRnition in California Business and Professions Code Section 26001,

subdivision (m), as that section and subdivision may be amended or interpreted by the California courts or

superseded by any successor statute.

F. "Customer" means a natural person twenty-one years of age or older in accordance with the deRnition in

California Business and Professions Code Section 26001, subdivision (n), as that section and subdivision may be

amended or interpreted by the California courts or superseded by any successor statute.

G. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer and includes the

use by a retailer of any technology platform in accordance with the deRnition in California Business and

Professions Code Section 26001, subdivision (p), as that section and subdivision may be amended or interpreted

by the California courts or superseded by any successor statute.

H. "Dispensary" means a facility where medical cannabis, medical cannabis products, or devices for the use of

medical cannabis or medical cannabis products are oUered, either individually or in any combination, for retail

sale at that location, as well as an establishment that delivers, pursuant to express authorization by local

ordinance, medical cannabis and medical cannabis products as part of a retail sale. Dispensary does not include

the following uses, so long as the location of such uses is otherwise regulated by and strictly complies with this

code and other applicable law, including California Health and Safety Code Section 11362.5, known as the CUA,

and California Health and Safety Code Section 11362.7 and following, known as the MMP, as such sections may be

amended or interpreted by the California courts or superseded by any successor statute:

1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter

3.01 of Division 2 of the Health and Safety Code.

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and

Safety Code.

5. The delivery, administration or provision of medical cannabis by a designated primary caregiver to the

qualiRed patient of the primary caregiver or to the person with an identiRcation card who has designated the

individual as a primary caregiver at the primary residence of the qualiRed patient or person with an

identiRcation card who has designated the individual as a primary caregiver.

I. "Fully enclosed and secure structure" means a code compliant space within a building, greenhouse or other

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 locking doors.

J. "Licensee" means any person holding a license under Division 10, entitled "Cannabis," of the California

Business and Professions Code, and includes the holder of a testing laboratory license, in accordance with the

deRnition in California Business and Professions Code Section 26001, subdivision (z), as that section and

subdivision may be amended or interpreted by the California courts or superseded by any successor statute.

K. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product,

in accordance with the deRnition in California Business and Professions Code Section 26001, subdivision (ag), as

that section and subdivision may be amended or interpreted by the California courts or superseded by any

successor statute.

L. "Manufacturer" means a licensee that conducts the production, preparation, propagation, or compounding of

cannabis or cannabis products either directly or indirectly by extraction methods, or independently by means of

chemical synthesis, or by a combination of extraction and chemical synthesis at a Rxed location that packages or

repackages marijuana or marijuana products or labels or relabels its container, in accordance with the deRnition in

California Business and Professions Code Section 26001, subdivision (ah), as that section and subdivision may be

amended or interpreted by the California courts or superseded by any successor statute.

M. "Medical cannabis" or "medical cannabis product" means cannabis or a cannabis product, respectively,

intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section

11362.5 of the California Health and Safety Code, by a medicinal cannabis patient in California who possesses a

physician’s recommendation, in accordance with the deRnition in California Business and Professions Code

Section 26001, subdivision (ai), as that section and subdivision may be amended or interpreted by the California

courts or superseded by any successor statute.

N. "Primary caregiver" shall have the same deRnition as set forth in California Health and Safety Code Section

11362.7, subdivision (d), as that section and subsection may be amended or interpreted by the California courts,

including, but not limited to, the California Supreme Court case of People v. Mentch (2008) 45 Cal. 4th 274, or

superseded by any successor statute.

O. "QualiRed patient" shall have the same deRnition as set forth in California Health and Safety Code Section

11362.7, subdivision (f), as that section and subsection may be amended or interpreted by the California courts or

superseded by any successor statute.

P. "Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling, in

accordance with the deRnition in California Health and Safety Code Section 11362.2, subdivision (b), paragraph (5),

as that section, subdivision and paragraph may be amended or interpreted by the California courts or superseded

by any successor statute.

Q. "Sell," "sale," and "to sell" mean any transaction whereby, for any consideration, title to cannabis is

transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to

an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not

include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or

cannabis product was purchased, in accordance with the deRnition in California Business and Professions Code

Section 26001, subdivision (as), as that section and subdivision may be amended or interpreted by the California

courts or superseded by any successor statute.

R. "Testing laboratory" means a laboratory, facility or entity in the state that oUers or performs tests of cannabis

or cannabis products and that is both of the following: accredited by an accrediting body that is independent from

all other persons involved in commercial cannabis activity in the state and licensed by the Bureau of Cannabis

Control, in accordance with the deRnition in California Business and Professions Code Section 26001, subdivision

(at), as that section and subdivision may be amended or interpreted by the California courts or superseded by any

successor statute.

S. "Volatile solvent" means a solvent that is or produces a Sammable gas or vapor that, when present in the air

in suTcient quantities, will create explosive or ignitable mixtures, in accordance with the deRnition in California

Health and Safety Code Section 11362.3, subdivision (b), paragraph (3), as that section, subdivision and paragraph

may be amended or interpreted by the California courts or superseded by any successor statute.

(Ord. 2891 NCS §2, 2024; Ord. 2634 NCS §3, 2017. Formerly 10.15.020.)

It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried

on, in the city of Petaluma, the operation of a dispensary, except for dispensaries that qualify for the exception in

Section 6.10.040(D). (Ord. 2891 NCS §2, 2024; Ord. 2634 NCS §3, 2017. Formerly 10.15.030.)

A. It is unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted or

carried on, in the city of Petaluma, commercial cannabis activity other than the commercial cannabis activity

speciRed in subsections B through E of this section. The exceptions in subsections B through E of this section shall

only apply: (1) while and to the extent the activity is conducted pursuant to and in accordance with a current, valid,

unexpired, unrevoked, fully paid license, permit, or other authorization or notice issued by an authorized city

oTcial, and pursuant to and in accordance with all other applicable state and local laws and regulations, including,

but not limited to, the regulations adopted or promulgated pursuant to Section 6.10.090; and (2) to commercial

cannabis activity conducted in areas of the city where such uses are permitted in accordance with the city’s zoning

regulations;

B. Manufacture and only business to business (nonretail) sale of topical or edible cannabis products using

cannabis infusions, infusion processes, or cannabis concentrates, but excluding manufacture of cannabis products

involving volatile solvents, and excluding repackaging cannabis or cannabis products or relabeling cannabis or

cannabis product containers;

C. Testing laboratories;

D. Retail sale of cannabis and cannabis products using a delivery-only method in accordance with Section

6.10.060, at a maximum of two diUerent locations in the city, with no sale of cannabis or cannabis products to

customers, primary caregivers or qualiRed patients occurring at the business location, no customers, primary

caregivers or qualiRed patients permitted at the business location at any time, and no signage at the business

location or on the delivery vehicles indicating the presence of cannabis or cannabis products or that the seller sells

cannabis or cannabis products. Retail sale of cannabis and cannabis products by delivery may also occur at a

location where on-site retail sales of cannabis and cannabis products is permitted in accordance with subsection E

of this section. The prohibition in this subsection against signage at cannabis retail delivery business locations

shall not apply to such business locations where on-site retail sales of cannabis and cannabis products is

permitted in accordance with subsection E of this section. Any business locations where retail sale of cannabis and

cannabis products by delivery and also by on-site sales are permitted in accordance with this subsection and

subsection E of this section shall count toward the maximum number of permitted cannabis retail delivery sales

locations and the maximum number of permitted cannabis retail on-site sales locations;

E. Retail sale of cannabis and cannabis products at a maximum of three diUerent locations in the city to

customers, primary caregivers and qualiRed patients occurring on site at the business location.

(Ord. 2891 NCS §§2, 3, 2024; Ord. 2634 NCS §3, 2017. Formerly 10.15.040.)

It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried

on, in the city of Petaluma, the cultivation of cannabis, other than the cultivation of cannabis in accordance with

and as speciRed in subsections A and B of this section. The exceptions in subsections A and B of this section are

not subject to, and do not require, issuance of a license, permit, or other authorization or notice issued by an

authorized city oTcial.

A. Indoor cultivation of not more than six living cannabis plants in a private residence, or a lesser number if both

indoor cultivation pursuant to this subsection A and outdoor cultivation pursuant to subsection B of this section

are occurring at the private residence, such that the total number of living cannabis plants at the private

residence, including indoor and outdoor cultivation, does not exceed a total of six living cannabis plants; where the

cultivation area does not exceed Rfty percent or one hundred square feet of the nonliving or garage area of the

private residence; does not displace any required on-site parking; is within a fully enclosed and secure structure

with no visual or olfactory evidence of cultivation detectable from the public right-of-way or other private property;

does not utilize lighting that exceeds one thousand two hundred watts; does not require the use of an electric

generator; and does not involve the use of volatile solvents; and

B. Outdoor cultivation on the grounds of a private residence, but only where less than the six living cannabis

plants permitted pursuant to subsection A of this section are being cultivated within a fully enclosed and secure

structure, such that the total number of living cannabis plants at the private residence, including indoor and

outdoor cultivation, does not exceed a total of six living cannabis plants; with no visual or olfactory evidence of

cultivation detectable from the public right-of-way or other private property; and where the outdoor cultivation

does not utilize lighting that exceeds one thousand two hundred watts, does not require the use of an electric

generator, and does not involve the use of volatile solvents.

(Ord. 2891 NCS §2, 2024; Ord. 2634 NCS §3, 2017. Formerly 10.15.050.)

Subject to the requirements of California Business and Professions Code Section 26080, subdivision (b), which

prohibits local jurisdictions from preventing those that are licensed under the AUMA from transporting cannabis

or cannabis products on public roads within the jurisdiction, as that section and subdivision may be amended or

interpreted by the California courts or superseded by any successor statute, it is unlawful for any person to

engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in the city of Petaluma, the

delivery of cannabis; except for delivery of cannabis:

A. That qualiRes for the exception in Section 6.10.040(D); and

B. Delivery of medical cannabis to qualiRed patients and primary care givers in the city of Petaluma from

cannabis sellers lawfully operating outside the city of Petaluma in accordance with all applicable state and local

laws.

For cannabis delivery to qualify for the exceptions in subsection A or B of this section, such delivery must (1) be

carried out by a person at least twenty-one years of age; and (2) occur between the hours of eight o’clock a.m. and

eight o’clock p.m. (Ord. 2891 NCS §2, 2024; Ord. 2634 NCS §3, 2017. Formerly 10.15.060.)

No cannabis dispensary, commercial cannabis activity or cannabis delivery operation (other than commercial

cannabis activity or cannabis dispensary or delivery operations that qualify for one or more of the exceptions

speciRed in Section 6.10.040(B) through 6.10.040(E)), or cannabis cultivation, however described by the applicant,

will be eligible for or be issued any license, permit, or other authorization, notice or other entitlement to operate in

the city, or have any such entitlement renewed, including, but not limited to, any business license or home

occupation permit, and any such application shall be denied citing this section. (Ord. 2891 NCS §2, 2024; Ord. 2634

NCS §3, 2017. Formerly 10.15.070.)

No provision of this chapter is to be construed as prohibiting qualiRed patients and primary caregivers in the city

of Petaluma from cultivating medical cannabis, or as prohibiting sale or delivery of medical cannabis or medical

cannabis products to qualiRed patients or primary caregivers in the city of Petaluma, in accordance with all

applicable state laws and regulations, and in accordance with all local laws and regulations, including the

requirements of this chapter and any regulations promulgated hereunder that are not in conSict with applicable

state laws or regulations. (Ord. 2891 NCS §§2, 3, 2024; Ord. 2634 NCS §3, 2017. Formerly 10.15.080.)

The city council shall, by duly adopted resolution, adopt regulations, or authorize the city manager to promulgate

regulations, intended to implement the requirements of this chapter in accordance with all applicable provisions

of the city charter, this chapter, the CUA, the MMP, the AUMA, and other applicable law. The city council shall

review this chapter and any regulations adopted or promulgated pursuant to this section from time to time as

necessary to ensure eUective implementation of this chapter and protection of the public health, safety and

welfare. (Ord. 2891 NCS §2, 2024; Ord. 2634 NCS §3, 2017. Formerly 10.15.090.)

Any cannabis dispensary, commercial cannabis activity, cannabis cultivation, cannabis delivery or other cannabis

use or activity caused or permitted to exist in the city in violation of any provision of this chapter or any of the

regulations adopted or promulgated thereunder shall be and is hereby declared a public nuisance. Violations of

this chapter may be enforced by any applicable laws or ordinances, including, but not limited to, Chapter 1.10.

(Ord. 2891 NCS §2, 2024; Ord. 2634 NCS §3, 2017. Formerly 10.15.100.)