§ 6.83.010. Findings.

I.

On November 8, 2016, the voters of the State of California enacted Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, also known as the Adult Use of Marijuana Act (AUMA). The AUMA established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana (referred to as cannabis in this ordinance), including cannabis products, for use by adults twenty-one years and older, and to tax the growth and retail sale of cannabis for nonmedical use.

II.

The AUMA creates a licensing system whereby the state will issue licenses to businesses authorizing them to cultivate, distribute, transport, store, manufacture, process, and sell nonmedical cannabis and cannabis products for adults twenty-one years of age and older, with such licenses to be issued by January 1, 2018. The State shall not approve an application for a state license if approval of the license will violate the provisions of any local ordinance or regulation adopted in accordance with the AUMA.

III.

The AUMA does not limit the authority of a local governing body to adopt and enforce local ordinances regulating businesses licensed under the AUMA or to completely prohibit such businesses within the local jurisdiction to the full extent authorized to a local agency by the AUMA.

IV.

Unregulated cannabis activity associated with cultivation, processing, manufacturing, distribution, testing, and sale of nonmedical cannabis could result in: (1) displacement of existing agricultural production activities; (2) impacts to natural resources; and (3) land use conflicts. The county has a compelling interest in protecting the public health, safety, and welfare of its residents and businesses, and to preserve the peace and integrity of neighborhoods within the unincorporated area of Marin County.

V.

A prohibition on all cannabis businesses that would require a state license will provide an opportunity for the county to consider various policy implications of potentially authorizing and regulating cannabis businesses in the unincorporated area before any state licenses can be granted.

VI.

Nothing in this ordinance shall be construed to: (1) allow persons to engage in conduct that endangers others or causes a public nuisance; (2) allow the use of cannabis for nonmedical purposes; or (3) allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal.

VII.

This chapter is not subject to the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) as it has no potential for causing a significant impact on the environment and 15308 as a regulatory action that will protect the environment.

( Ord. No. 3664 , § II(exh. A), 2017)