Chapter 5.120
CANNABIS USES AND RELATED ACTIVITIES
Sections:
5.120.010 Findings and purpose.
5.120.020 Definitions and exceptions.
5.120.030 Medical cannabis dispensaries, cultivation and delivery prohibited.
5.120.040 Recreational use of cannabis and related activities limited.
5.120.050 Commercial use of cannabis and related activities prohibited.
5.120.060 Future study of recreational, medical, and commercial uses of cannabis.
5.120.010 Findings and purpose.
A. The city council finds it is a federal violation under the Controlled Substances Act to possess or distribute cannabis (also commonly known as marijuana) even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with cannabis cultivation, dispensaries, and deliveries, which is contrary to policies that are intended to promote and maintain the public’s health, safety, and welfare.
B. The purpose of this chapter is to limit all recreational, medical, and commercial uses of cannabis and related activities in the city of Millbrae, pending the availability of additional information, further evaluation, and the completion of additional studies concerning the effects and impacts on communities of cannabis use and business operations. Nothing in this chapter is intended to or shall preempt or make inapplicable any provision of state or federal law. (Ord. 731, § 1; Ord. 767, § 1).
5.120.020 Definitions and exceptions.
A. Unless otherwise specified, the terms used in this chapter shall have the same meaning as the definitions set forth in Business and Professions Code Section 26001 and Health and Safety Code Section 11362.7.
B. For the purposes of this chapter, “medical cannabis dispensary” means any M-licensee, as that term is defined in Business and Professions Code Section 26001(af), and includes without limitation any facility or location, whether fixed or mobile, where medicinal cannabis is provided, sold, made available, or otherwise distributed.
C. For purposes of this chapter, a “medical cannabis dispensary” shall not include the following uses; provided, that the location of such uses is otherwise regulated by applicable law, and further provided any such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Sections 11362.5 et seq. and 11362.7 et seq.:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code.
2. A healthcare 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. A residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
D. For purposes of this chapter, “recreational” use of cannabis shall include all uses of cannabis other than medicinal cannabis as defined by California Business and Professions Code Section 26001(ai) as permitted by the Compassionate Use Act of 1996, California Health and Safety Code Section 11362.5. (Ord. 731, § 1; Ord. 767, § 1).
5.120.030 Medical cannabis dispensaries, cultivation and delivery prohibited.
A. Medical cannabis dispensaries are prohibited in the city of Millbrae. No medical cannabis dispensary shall operate, locate, or otherwise be permitted within the city of Millbrae.
B. The city shall not issue, approve, or grant any permit, license, or other entitlement for the establishment or operation of a medical cannabis dispensary.
C. Cultivation of medical cannabis pursuant to Section 11362.77 of the California Health and Safety Code is subject to the cultivation requirements laid out in MMC 5.120.040.
D. Delivery of medicinal cannabis by a service established and located outside the jurisdiction is permitted in the city, provided a business license and all other entitlements or permits have been approved pursuant to this code. (Ord. 731, § 1; Ord. 767, § 1).
5.120.040 Recreational use of cannabis and related activities limited.
A. Recreational use, possession, purchase, transport, or dissemination of cannabis shall be considered unlawful in all areas of the city to the extent it is unlawful under California law.
B. No person may plant, grow, cultivate, harvest, dry, cure, grade, trim, or process cannabis plants outdoors in any area of the city. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
C. Except as otherwise permitted by subsection D of this section, no person may plant, grow, cultivate, harvest, dry, cure, grade, trim, or process cannabis plants inside any enclosed structure in any area of the city. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
D. Persons over the age of twenty-one who have first obtained an indoor cultivation permit from the city’s planning department may plant, grow, cultivate, harvest, dry, cure, grade, trim, and process up to six cannabis plants for their own personal use inside a private residence or accessory structure located on the grounds of a private residence.
E. The planning department will issue application and processing guidelines for the indoor cultivation permit described in subsection D of this section. No indoor cultivation permit shall be issued prior to the release of these guidelines, and no permit shall be granted which has not complied fully with the application and processing requirements. (Ord. 767, § 1).
5.120.050 Commercial use of cannabis and related activities prohibited.
No person may establish or operate any business of commercial cannabis activity in any area of the city. No use permit, variance, building permit, or other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:
A. The delivery, storage, distribution, or sale of cannabis, cannabis products, or cannabis accessories;
B. The cultivation of cannabis;
C. The manufacturing or testing of cannabis, cannabis products, or cannabis accessories; or
D. Any other business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, as it may be amended from time to time. (Ord. 767, § 1).
5.120.060 Future study of recreational, medical, and commercial uses of cannabis.
A. The city council may by resolution authorize staff to obtain and/or undertake studies to assist the community in understanding the issues and impacts associated with cannabis use and related activities.
B. The city manager shall report to the city council periodically on issues associated with cannabis use and related activities, including without limitation any experiences learned from other communities, costs associated with allowing and regulating cannabis uses and related activities in the city, predicted revenue from permitting commercial cannabis uses and activities in the city, and the estimated effort and expense that would be required to undertake additional studies.
C. Nothing in this chapter shall be construed as imposing on the city any mandatory obligation to undertake, complete, or fund any study. (Ord. 767, § 1).