Marijuana Regulations

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This page provides an overview of marijuana regulations in the City of Sausalito and the State of California. You will also find information about City meetings on the subject.

Survey

The City Council is looking for direction from Sausalito residents in its development of marijuana regulations for the City. Please share your thoughts by taking a survey on marijuana regulations in the City of Sausalito. The survey went live on December 7 and will collect responses until 5:00 p.m. on Tuesday, January 9, 2018.

Other ways to make your voice heard:

  • Call or send an email message to Joshua Montemayor, Business Manager, at (415) 289-4144 or jmontemayor@sausalito.gov
  • Attend an upcoming public meeting with marijuana regulations on the agenda

Background

In 2015, the California Legislature enacted the Medical Cannabis Regulation and Safety Act (MCRSA), legalizing and regulating medical marijuana use, delivery, and the indoor, private cultivation of up to six plants. Additionally, in 2016 California voters approved Proposition 64, the "Control, Regulate, and Tax Adult Use of Marijuana Act" (AUMA), which legalizes the recreational use of marijuana for people 21 years and older, and allows the small-scale cultivation and delivery of recreational marijuana.  The law also establishes regulatory and taxation measures for recreational marijuana activities.

The State of California will begin issuing commercial licenses for recreational marijuana after January 1, 2018, but it will not issue such licenses in jurisdictions that adopt ordinances prohibiting these uses. 

Taken together, MCRSA and AUMA allow for the establishment of a variety of medical and recreational marijuana businesses and deliveries if not restricted by the local jurisdiction.  While state law allows local municipalities to control the commercial cultivation and sale of marijuana, they may not completely ban the private indoor cultivation of six plants or less.

Sausalito Regulations

On November 28, 2017, in accordance with Government Code Section 65858, the Sausalito City Council adopted an interim Urgency Ordinance. The Urgency Ordinance establishes the following marijuana regulations in Sausalito:

  • Commercial marijuana activity is prohibited. All commercial marijuana activity is prohibited in Sausalito, including the sale and/or cultivation of both medical and recreational marijuana.
  • Indoor cultivation for personal use is restricted to six or fewer adult plants. Both MCRSA and AUMA prevent local jurisdictions from prohibiting the indoor cultivation of six or fewer adult plants for personal use or as allowed for medicinal use.
  • Outdoor marijuana cultivation is prohibited. All outdoor cultivation of marijuana is prohibited in Sausalito. AUMA and MCRSA allow private marijuana cultivation for personal use of up to 6 adult plants or as allowed for medicinal use. The plants must be maintained within a private residence or secure accessory structure. State law also allows outdoor marijuana cultivation upon the grounds of the residence (e.g. garden area), unless prohibited by the local jurisdiction.
  • Recreational marijuana delivery is prohibited; medical marijuana delivery is allowed. Delivery of marijuana is prohibited in Sausalito, with the exception of medical marijuana deliveries to a qualified patient. Under both MCRSA and AUMA, a city retains the police power to regulate or prohibit marijuana deliveries that begin or end within the city’s boundaries, however, a city cannot prohibit marijuana transportation on public roads to a different jurisdiction.

The Urgency Ordinance will be in full force and effect for 45 days (until January 12, 2018), ensuring that regulations are in place by January 1, 2018. In the meantime, the Council directed City staff to develop an outreach plan to seek the community’s input regarding delivery of recreational marijuana and to continue to monitor any further updates to the state law on marijuana. If the Council needs additional time, the Urgency Ordinance can be extended once for 10 months and 15 days and again for one year.

State Regulations

The State's cannabis regulations are rapidly changing and evolving. The latest information may be found on the State of California Cannabis Portal.

Upcoming Public Meetings

  • January 9, 2018: City Council meeting. At this meeting, the Sausalito City Council will be looking for public comment and direction on marijuana regulations in Sausalito. The meeting will begin at approximately 7:00 p.m. in the Council Chambers of City Hall.

City Council and Planning Commission Items

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