§ 5.90.010. Findings.

(a)

WHEREAS, in 1996 the voters of the state of California approved Proposition 215 (codified at California Health and Safety Code Section 11362.5 et seq. and titled "The Compassionate Use Act of 1996"). The intent of Proposition 215 was to enable persons residing in California who are in need of cannabis for medical purposes to be able to obtain and use it without fear of criminal prosecution under limited, specified circumstances; and

(b)

WHEREAS, in 2004 the state enacted Senate Bill 420 (codified at California Health and Safety Code Section 11362.7 et seq., and titled the "Medical Cannabis Program"), to clarify the scope of the Compassionate Use Act of 1996 and to allow cities, counties and other governing bodies to adopt and enforce rules and regulations consistent with the Medical Cannabis Program; and

(c)

WHEREAS, in 2015 Assembly Bills 243 and 266, and Senate Bill 643 were enacted (codified at California Business and Professions Code Section 19300 et seq. and titled the "Medical Cannabis Regulation and Safety Act" (MCRSA), previously known as the Medical Marijuana Regulation and Safety Act); and

(d)

WHEREAS, on June 27th, 2017, the state enacted Senate Bill 94, titled "Medicinal and Adult-Use Cannabis Regulation and Safety Act" (MAUCRSA), which repealed MCRSA; and

(e)

WHEREAS, to protect the public health, safety, and welfare, it is the desire of the board of supervisors to modify the Marin County Code to be consistent with MAUCRSA, regarding the control and regulation of medicinal cannabis retailers and to meet the medical needs of those residing in the county; and

(f)

WHEREAS, to protect the public health, safety, and welfare, it is the desire of the board of supervisors to place more restrictive location limits for a medicinal cannabis retailer beyond those required in MAUCRSA; and

(g)

WHEREAS, a medicinal cannabis delivery-only retailer use authorized by this ordinance is allowed within the zoning districts specified in this ordinance; and

(h)

WHEREAS, nothing in this Ordinance shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. § 841 or to license any activity that is prohibited under said Act except as mandated by state law; and

(i)

WHEREAS, this chapter is found to be categorically exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) in that the board of supervisors finds and determines that there is nothing in this chapter or its implementation that could foreseeably have any significant effect on the environment; and

(j)

WHEREAS, nothing in this Ordinance shall be construed to allow any activity relating to cannabis that is otherwise not expressly allowed in the Marin County Code or is illegal under state law, or allow persons to engage in conduct that endangers others or causes a public nuisance.

( Ord. No. 3678 , § I.11(Exh. A), 2017)