Woodside Municipal Code Ch. 99 Cannabis Regulations

(A) On November 8, 2016, California voters passed Proposition 64, known as the Adult Use of Marijuana Act, which legalized the use, sale and consumption of recreational cannabis by persons aged 21 and older. In June 2017, the California legislature passed SB 94, which consolidated state regulation of medicinal and recreational cannabis into the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The MAUCRSA provides base standards for personal cultivation of cannabis and allows local jurisdictions to legislate additional standards. The MAUCRSA permits commercial cannabis activities subject to state licensure but preserves local government's authority to regulate or ban commercial cannabis activities. The purpose of this chapter is to promote the public health, safety and welfare by banning non-personal cannabis activities and implementing reasonable regulations for personal cannabis activity.

(B) The Town adopts this chapter under its authority granted by California Constitution Article XI, Section 7, and reserved to the Town by the "Medicinal and Adult Use Cannabis Regulation and Safety Act."

(Ord. 2018-595, § 2, effective 7-26-18)

The following words and terms as used in this chapter shall have the following meaning:

Cannabis. 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 Title, "cannabis" does not mean "industrial hemp" as defined by § 11018.5 of the Cal. Health and Safety Code.

Commercial cannabis activity. Cannabis business or activity licensed under the Cal. Business and Professions Code, Division 10, Cannabis, § 26000 et seq. (as amended from time to time), including cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, and any other activities which may be licensed. "Commercial cannabis activity" includes medical cannabis dispensaries. "Commercial cannabis activity" does not include personal uses allowed by Cal. Health and Safety Code §§ 11362.1 and 11362.2 or personal medicinal uses allowed by §§ 11362.765 and 11362.77, as amended from time to time.

Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Medical cannabis dispensary. A facility, whether mobile or fixed, where cannabis is made available for medicinal purposes in accordance with any provision of state law that authorizes the use of cannabis for medicinal purposes.

(Ord. 2018-595, § 2, effective 7-26-18)

(A) Prohibition of commercial activities. All commercial cannabis activity is prohibited within the Town of Woodside.

(B) Exception for qualified delivery services. Notwithstanding the prohibition in subdivision (A) above, delivery of cannabis from a business located outside the Town of Woodside is permitted subject to the conditions of Cal. Business and Professions Code § 26090, as amended from time to time. This section does not permit any temporary, persistent, or fixed physical presence used for commercial cannabis activities besides delivery vehicles in the active state of making a delivery to a specific person and location.

(Ord. 2018-595, § 2, effective 7-26-18)

(A) It is not a violation of Section 99.03 for a person 21 years or older to possess, plant, cultivate, harvest, dry or process not more than six living cannabis plants, whether indoor or outdoor, and possess the cannabis produced by the plants, in compliance with Cal. Health and Safety Code § 11362.2(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 and the California Buildings Standards Codes as locally adopted and amended, the regulations for existing buildings in California Code of Regulations, Title 25.

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

(4) Cultivation shall not occur in the front, side or rear yard setback of the property as defined in Chapter 153, Zoning Subsection 153.005 and measured per Subsection 153.207.

(B) It is not a violation of Section 99.03 for a person described in Cal. Health and Safety Code § 11362.1(a), to engage in the conduct described in § 11362.1(a)(1—5).

(C) This section is inoperative if Cal. Health and Safety Code § 11362.1(a), is preempted by federal law or is otherwise unconstitutional.

(Ord. 2018-595, § 2, effective 7-26-18)

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

(Ord. 2018-595, § 2, effective 7-26-18)