§ 6-535. Cannabis uses.

(a)

Purpose. This section regulates the cultivation of cannabis in Lafayette for personal use in accordance with state law. In addition, this section prohibits all commercial cannabis uses from establishing or operating within the City of Lafayette, including all medical and adult-use cannabis business types licensed by state licensing authorities pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Section 26000 et seq.), except cannabis deliveries originating from outside of the city.

(b)

Personal Cultivation Indoors. A person age 21 or older may cultivate and possess no more than six living cannabis plants at any one time for his or her own personal use inside a private residence or inside an accessory structure to a private residence, so long as all of the following minimum standards are met:

(1)

All areas used for cannabis cultivation shall be located within a fully enclosed and secure structure.

(2)

Indoor grow lights shall not exceed a total of 1,000 watts or incandescence equivalent, and all lighting shall comply with the California Building, Electrical, and Fire Codes as adopted and amended by the City of Lafayette.

(3)

The use of gas products (CO ₂ , butane, propane, natural gas, etc.) or generators for cultivation of cannabis is prohibited. Use of gas products shall be limited to those allowed by the California Building, Electrical, and Fire Codes as adopted and amended by the City of Lafayette.

(4)

Any private residence or accessory building used for the cultivation of cannabis must have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the building.

(5)

There shall be no exterior visibility or evidence of cannabis cultivation outside the private residence from the right-of-way, a public place, or any adjacent property including, but not limited to, any cannabis plants, equipment used in the growing and cultivation activities, and any light emanating from the structure due to cultivation lighting (grow lights).

(6)

The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident(s), and the premises shall not be used primarily or exclusively for cannabis cultivation.

(7)

The cannabis cultivation area shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident(s) or nearby residents by creating dust, glare, heat, noise, noxious gasses, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.

(8)

No more than six cannabis plants, mature or immature, per residence are permitted for indoor personal cultivation, regardless of the number of individuals residing at the residence.

(9)

The living plants and any cannabis produced by plants in excess of 28.5 grams shall be kept in a locked space on the grounds of the private residence.

(c)

Personal Cultivation Outdoors. Cultivation of cannabis outdoors in the City of Lafayette is prohibited.

(d)

Commercial cannabis uses prohibited; exception.

(1)

All commercial cannabis uses are prohibited from establishing or operating within the City of Lafayette.

(2)

Exception for Deliveries from Licensed Cannabis Retailers. Cannabis retailers, microbusinesses and non-profits licensed pursuant to Business and Professions Code, Section 26070.5 (whether medical or adult-use) are prohibited in the City; however, delivery of cannabis and cannabis products from cannabis retailers, microbusinesses or licensed nonprofits located outside of the City of Lafayette is allowed, subject to the following restrictions:

(A)

Only cannabis retailers, microbusinesses or licensed nonprofits that are licensed under the applicable laws of the state of California, including but not limited to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Section 26000 et seq.), and are operating in compliance with the applicable laws and regulations of the local jurisdiction in which the cannabis business is physically located may provide cannabis delivery to locations in the City of Lafayette; and

(B)

Provided that such delivery transactions within Lafayette utilize an electronic payment method.

(Ord. No. 660, § 4, 11-27-2017)