(A) Purpose. This chapter establishes cannabis business standards that are designed to protect the public health, safety, and welfare; enact strong and effective regulatory and enforcement controls as a result of and in compliance with state law; protect neighborhood character; and minimize potential for negative impacts on people, communities, and the environment; by establishing minimum land use requirements for cannabis businesses engaging in commercial cannabis activity in the county.
(B) Intent. Commercial cannabis activities are already highly regulated by both the state and federal governments, and their regulation of commercial cannabis activities is subject to rapid change. Therefore, the Board of Supervisors intends to reserve all of its statutory planning and zoning authority concerning cannabis businesses and commercial cannabis activities. This chapter recognizes that, due to the unique federal and state constraints on commercial cannabis activity, as well as the potential environmental and social impacts associated with commercial cannabis activity, certain land use controls pertaining to cannabis businesses are necessary. Cannabis businesses with facilities within the county shall be subject to the zoning and land use regulations of the zoning district in which such cannabis business facility is established and will operate as set forth in Title 25 of this code, and as otherwise established by the county.
(C) Nothing in this chapter is intended, nor shall it be construed, to allow persons to engage in conduct that endangers others or causes a public nuisance.
(D) Nothing in this chapter is intended, nor shall it be construed, to exempt the commercial cultivation of cannabis from compliance with all other applicable county zoning and land use regulations, as well as other applicable provisions of this code, state and local commercial cannabis business permitting requirements, or compliance with any applicable state laws.
(E) All persons operating facilities and conducting commercial cannabis activities, as defined in this chapter, are subject to possible federal prosecution, regardless of state licensure or local permitting. Any land use or other entitlement from the county does not assert or provide any federal protections. The provisions of this chapter shall not be construed to protect any person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, use of, and/or any other activity associated with controlled substances, or to authorize conduct that is unlawful under state or federal law. Moreover, cultivation, sale, possession, distribution, and use of cannabis remain violations of federal law as of the date of adoption of this chapter and this chapter is not intended to, and does not authorize, conduct or acts that violate federal law, and does not protect any person from arrest or prosecution under those federal laws. Persons engaged in commercial cannabis activities assume any and all risk and any and all liability that may arise or result under state and federal laws from the cultivation, sale, possession, distribution, use of cannabis, and/or any other commercial cannabis activity.
(F) Applicability. The standards of this chapter shall apply to all cannabis businesses required to obtain the applicable land use permit identified in Title 25, and which engage in commercial cannabis activity as defined in § 19.43.020 and regulated pursuant to Chapter 7.02.
(G) Certain cannabis businesses shall only be permitted in the AP, AR, C-1, C-2, CM, M-1 and AS zoning districts, depending on the type of commercial cannabis activity in which it is engaged, as set forth in, and in compliance with, Title 25.
(Ord. 975, § 1, 2018; Ord. 1036, § 10, 2021)