9.56.040 Indoor Cultivation of Cannabis.
A. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel in the City to cause or allow such parcel to be used for the cultivation of cannabis plants except as provided in subsections (B) and (C) of this section.
B. Persons Permitted to Cultivate Cannabis Indoors.
1. Only a person who is at least eighteen (18) years of age and either a qualified patient or a primary caregiver, or an adult who is at least twenty-one (21) years of age, may engage in indoor cultivation of cannabis.
2. Residency Requirement. The person cultivating the cannabis shall reside full-time on the premises where the indoor cultivation of cannabis occurs.
C. Indoor Cultivation Standards. Cannabis cultivated indoors, within the City, shall be in conformance with the following standards:
1. Indoor cultivation of cannabis is permitted only within a private residence or within a fully enclosed and secure accessory structure to a private residence that meets the requirements of this chapter.
2. Any parcel where cannabis is cultivated in an accessory structure located within a yard must be enclosed by a solid fence at least six (6) feet in height, which conforms to the fencing requirements in Larkspur Municipal Code Chapter 18.16.
3. Cultivation areas shall be secured by lock and key or other security device that prevents unauthorized entry.
4. Indoor cultivation of cannabis shall not exceed six (6) cannabis plants per private residence, regardless of how many qualified adults, qualified patients, or primary caregivers are residing at the private residence.
5. Cannabis cultivation shall comply with all applicable regulations of the Larkspur Municipal Code and the California Building, Electrical and Fire Codes as adopted by the City.
6. The use of gas products (CO2, butane, etc.) or generators for cannabis cultivation or processing is prohibited.
7. From a public right-of-way, park or school, there shall be no visible exterior evidence of cannabis cultivation.
8. The residence shall be occupied and is required to maintain a functioning kitchen and bathroom(s), and the use of the primary bedrooms are for their intended purpose.
9. Any modification to existing structures or plumbing, electrical, or mechanical systems shall require a permit from the Chief Building Official, or their designee. (Ord. 1069 § 5, 2023; Ord. 1062 § 14, 2022; Ord. 1030 § 2(7), 2018; Ord. 1024 § 1, 2017)