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Marijuana Regulations

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Introduction

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.

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.

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

At its meeting on October 22, 2019, the City Council unanimously approved the second reading of an ordinance regulating marijuana in Sausalito. The ordinance went into effect after 30 days.

The ordinance makes permanent an interim ordinance that was first adopted by the City Council in November 2017. Under the ordinance, the following regulations are permanently incorporated into the Sausalito Municipal Code:

  • The delivery of marijuana by registered businesses operating outside of Sausalito is allowed
  • Storefront retail and other marijuana businesses are prohibited
  • Indoor marijuana cultivation for personal use is restricted to six or fewer adult plants
  • Outdoor marijuana cultivation is prohibited

The adoption of the ordinance does not preclude the City Council from making amendments at a later date. Among changes currently discussed by the Council include the possibility of allowing non-storefront and storefront marijuana businesses. 

State Regulations

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

Cannabis Ballot Initiative

Updated September 29, 2023

The local sponsor of an initiative measure to impose a 4% tax on marijuana products delivered to customers in Sausalito has announced that he has paused the collection of signatures to get the measure on the November 2024 ballot.

In a September 25 email, initiative sponsor Timothy McCloud wrote, "While I remain resolute that this tax would be a meaningful step toward sound fiscal management, I understand that it may be 'too soon' and that Measure K has left our community suspicious of anything related to cannabis."

In response to a follow-up question, McCloud says that it is "unlikely" that he will restart signature gathering before the state's 180-day time limit expires. In order for an initiative measure to qualify for the Sausalito ballot, the sponsor must collect the signatures of at least 10% of registered voters.

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