A. Federal legal framework. Cannabis is classified as a Schedule 1 controlled substance under the Federal Controlled Substances Act of 1970. Individuals engaging in cannabis cultivation and/or other cannabis activities risk prosecution under Federal law. Federal cannabis law is independent of and may conflict with this article. This article does not protect any person from arrest or prosecution under Federal law. Persons engaged in 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 cannabis activity. All persons engaged in cannabis activities are subject to possible Federal prosecution, regardless of State licensure. Operation pursuant to a County Cannabis License or County Cannabis Use Permit does not assert or provide Federal protection.
B. Generally unstable legal framework. Cannabis activities are highly regulated at all levels of government and those regulations are subject to rapid change. Permittees are solely responsible for compliance with all applicable laws.
C. Ability of County to deposit cannabis-related funds. All Cannabis Use Permit applicants and Permittees acknowledge that the County’s cannabis program and the issuance of any permit under this article is conditioned on the County’s ability to deposit funds received from cannabis-related businesses, including for payment of permit fees, applicable taxes, and fines and abatement costs. If at any time the County is unable to deposit cannabis-related funds as a result of the federal classification of cannabis as a “Schedule 1” drug creating legal liability for financial institutions accepting cannabis-related deposits, the Board of Supervisors may take action to void this article and revoke Cannabis Use Permits.
D. Sensitive/confidential information. Information related to cultural resources is confidential (see Section 8-2.1408(H)(4) of this article). Information related to site security is confidential (see Section 8-2.1408(LL) of this article) and shall not be disclosed without the written permission of the permittee, landowner, or their representative, or unless compelled to do so by regulation or court order.
E. Limitations on County liability. The following are required as a condition of any Cannabis Use Permit, and County Counsel shall approve the form and content of all related conditions:
1. Indemnification. Each Permittee shall indemnify the County from all claims, damages, etc. associated with the issuance of any permit to the Permittee or the Permittee’s operation of the cannabis activities. As directed by County Counsel, the indemnification shall satisfy or exceed the requirements of Section 8-2.212.5, Indemnification, of the County Zoning Regulations.
2. Agreement to defend. Each Permittee shall agree to defend, at its sole expense and with counsel acceptable to the County Counsel, any action against the County, its agents, officers, and employees related to the approval and implementation of a Cannabis Use Permit.
F. Delta Plan and Delta Land Use and Resource Management Plan (LURMP). Cannabis activities proposed to occur within the legal Delta must comply with applicable requirements of the Delta Plan (including demonstrating consistency through the Certification of Consistency process of the Delta Stewardship Council) and the Delta Land Use and Resource Management Plan (LURMP).
(Ord. 1541, eff. October 14, 2021)