FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
MEETING DATE February 4, 2026
PREPARED FOR Mayor and Town Council
PREPARED BY Janet Coleson, Town Attorney
Heather Abrams, Town Manager
SUBJECT Repeal of Fairfax Town Code Section 5.56.170 Application of This Article to Existing Medical Cannabis Retailer, and Section 17.110.050 Adult-Use Cannabis Deliveries by Certain Existing Medical Marijuana Dispensaries and revise Section 17.110.040(A), Cannabis Retail Uses, due to notice given to Town officials by the owner of the Marin Alliance for Medical Marijuana (MAMM) that she does not own the building at 1591 - 1593 Sir Frances Drake Blvd. and will not be relocating to that site.
RECOMMENDATION
Repeal Fairfax Town Code Sections 5.56.170 Application of This Article to Existing Medical Cannabis Retailer, and 17.110.050 Adult-Use Cannabis Deliveries by Certain Existing Medical Marijuana Dispensaries and revise Section 17.110.040(A), Cannabis Retail Uses, due to notice given to Town officials by the owner of the Marin Alliance for Medical Marijuana (MAMM) that she does not own the building at 1591 – 1593 Sir Frances Drake Blvd. and will not be relocating to that site. Additionally, there were prior exemptions granted to MAMM at the former School Street location that are no longer applicable due to the closure and redevelopment of that site, that should be removed from the Town Code to avoid any confusion in the Town’s cannabis regulations.
BACKGROUND
Marin Alliance for Medical Marijuana (MAMM), owned and operated by Lynette Shaw, was issued a Conditional Use Permit (CUP) at the former School Street location in June of 1997 with a list of 84 conditions of approval. Ms. Shaw operated at that location with various CUP conditions added and modified for over twenty years.
In 2019, the Town enacted new cannabis permit requirements and on July 8, 2019, the Town Manager, issued annual permits to MAMM for Adult-Use Cannabis Delivery and for a Medical Cannabis Storefront Retailer, subject to terms and conditions and pursuant to the newly passed Town Code provisions regarding cannabis permits.
At the November 4, 2024 Town Council meeting, the Council heard testimony from Ms. Shaw, that MAMM was being evicted from the then current location at School Street due to planned redevelopment of the site. At the December 4, 2024 Council Meeting, an Ordinance was introduced granting MAMM’s request for a relocation exemption to allow MAMM to relocate both the Medical Marijuana Retail Storefront as well as the Adult-Use Delivery to 1591-1593 Sir Frances Drake Blvd. There was a robust discussion among Council Members, MAMM, and members of the public who spoke for and against the proposed relocation. On January 9, 2025 Council adopted code revisions that allowed MAMM to relocate to 1591-1593 Sir Frances Drake Blvd. provided that MAMM applied for and be granted a Conditional Use Permit (CUP) for that location. Although Ms. Shaw and her attorneys stated that time
was of the essence, MAMM did not and still has not applied for a CUP at the Sir Francis Drake Blvd. location. Ms. Shaw has now informed Town officials that she does not own the building at 1591-1593 Sir Francis Drake Blvd and will not be relocating to the that location.
DISCUSSION
Since Ms. Shaw has notified the Town that she does not own and will not be using the 1591-1593 Sir Frances Drake Blvd location, it is necessary to remove all provisions of the Town Code that relate to MAMM and the requested relocation to 1591-1593 Sir Francis Drake Blvd. As well, there are outdated legacy provisions in Chapter 17 relating specifically to MAMM that need to be removed as they are no longer applicable. Later in this agenda, Council will hear a citizen’s petition from Ms. Shaw in which she asks the Council to replace 1591-1593 Sir Frances Drake Blvd with 61 Bolinas Rd in the ordinance. While this sounds simple enough, it is in fact not possible with the special ordinance that was adopted specifically for MAMM at 1591-1593 Sir Frances Drake Blvd. The two addresses are in different planning zones and have different land use requirements. MAMM’s cannabis permits with the Town of Fairfax expired in 2025 and Ms. Shaw currently is not permitted to sell cannabis at any location in Fairfax.
After recently receiving Ms. Shaw’s communication that she would like to reopen a legally permitted cannabis business in Fairfax, the Town Manager opened the cannabis business permit application process. The Town Manager informed Ms. Shaw of the opportunity to apply and Ms. Shaw replied “Thank you”. The cannabis application has also been advertised in the Town’s newsletter and website.
According to Town Code, the Town Manager shall open the application process if there are less than two legally permitted cannabis businesses in the Town.
Once Ms. Shaw completes the application, it will go to the Planning Commission for scoring, and then the application may come to the full Council, particularly if there are special considerations for the Council to weigh such as the proximity of sensitive uses, including a day care and a teen center.
Recently, the Council successfully concluded this same process with another cannabis business.
FISCAL IMPACT
Although there is no sales tax charged on medicinal cannabis, there is a State of California excise tax.
The Town does not have a local tax on cannabis. There is no anticipated fiscal impact from repeal of this ordinance.
ATTACHMENT
A. Ordinance for Repeal of Town Code Sections 5.56.170, 17.110.050 and revision to Section
17.110.040(A)
B. Redline Version of Repealed and Revised Code Sections Ordinance No. ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX AMENDING THE FAIRFAX TOWN CODE, REPEALING SECTION 5.56.170 APPLICATION
OF THIS ARTICLE TO EXISTING MEDICAL CANNABIS RETAILER, REPEALING SECTION
17.110.050 ADULT-USE CANNABIS DELIVERIES BY CERTAIN EXISTING MEDICAL MARIJUANA DISPENSARIES, AND REVISING SECTION 17.110.040(A) CANNABIS RETAIL USES
WHEREAS, in December, 2024, a former medicinal cannabis storefront retailer in the Town of Fairfax was granted a relocation exemption to 1591-1593 Sir Frances Drake Blvd. due to the business being evicted from its former location as a result of planned redevelopment of the site; and
WHEREAS, the relocation exemption required submitting an application for a Conditional Use Permit for the Sir Frances Drake Blvd. location and no such application was ever submitted; and WHEREAS, the owner of the former medicinal cannabis storefront retailer has informed Town officials that she does not own the Sir Frances Drake Blvd. location and no longer plans to pursue relocation to that address; and
WHEREAS, prior exemptions had been granted to the former medicinal cannabis retailer that are no longer operative due to the eviction and redevelopment of the former site; and WHEREAS, said exemptions should be removed from the Town Code to avoid any confusion in the Town’s cannabis regulations.
NOW THEREFORE, the Town Council of the Town of Fairfax does ordain as follows:
Section 1. The above recitals are true and correct and are hereby incorporated into this ordinance by this reference.
Section 2. Fairfax Town Code Section 5.56.170 Application of this Article to Existing Medical Cannabis Retailer is hereby repealed in its entirety.
Section 3. Fairfax Town Code Section 17.110.050 Adult-Use Cannabis Deliveries by Certain Existing Medical Marijuana Dispensaries is hereby repealed in its entirety.
Section 4. Fairfax Town Code Section 17.110.040(A) Cannabis Retail Uses is revised to read as follows:
“(A) Cannabis retailers may be permitted, subject to the approval of a cannabis business permit pursuant to Chapter 5.56 of this Code, and provided there shall be no more than two (2) cannabis retailer locations at any one time in the following use categories, or in any combination thereof:
(1) Medical-use cannabis storefront retailer(s); and/or (2) Delivery-only retailer(s), which may be medical-use, adult-use or both.
Ordinance No. ATTACHMENT A
At all times, two, but not more than two, retail locations may hold permits to legally operate.”
Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications, and to this end the provisions of this Ordinance are declared to be severable.
Section 6. Effective Date. This ordinance shall be effective thirty (30) days after the date of its adoption.
Section 7. Posting. Within fifteen days after the passage of this ordinance, the Town Clerk shall cause it or a summary of it to be posted in the following three places: Fairfax Town Hall; the Fairfax Women’s Club; and the Fairfax Post Office.
The foregoing ordinance was introduced at a regular meeting of the Town Council of the Town of Fairfax held on the 4th of February, 2026.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Fairfax, held on the ____ day of _________ 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
STEPHANIE HELLMAN
MAYOR
ATTEST:
_________________________________
CHRISTINE FOSTER
DEPUTY TOWN CLERK
§ 5.56.170 APPLICATION OF THIS ARTICLE TO EXISTING MEDICAL CANNABIS RETAILERS.
The Town Council finds that the cannabis medicinal use storefront retailer existing and legally operating in the Town of Fairfax as of December 4, 2024 must relocate by January 1, 2025 due to no fault of the owner/operator. The Council hereby permits this existing retailer to relocate to a storefront located at 1591-1593 Sir Frances Drake Blvd., provided however, that prior to opening for business, the owner/operator:
(A) Submit an application to the Planning Commission and be granted a Conditional Use Permit (CUP) in the Highway Commercial zone for a medicinal use storefront retailer, as the existing CUP at the current location runs with the land and is not transferable to a new location; and
(B) Should the owner/operator be granted a CUP for a medicinal use storefront, obtain a permit for a medicinal use storefront retailer and an adult use delivery only retailer permit to be operated at the same location as the medicinal use storefront, pursuant to this chapter, with the exception of the requirement of participating in a competitive process pursuant to § 5.56.070, and in conformance with Chapter
17.110 Cannabis Uses as the owner/operator's current permits are not transferable to a new location pursuant to § 5.56.130. Fees for the required permits shall be prorated according to the amount of time remaining on the existing permits. (Ord. 835, passed 9-4-2019; Am. Ord. 894, passed 1-9-2025) § 17.110.040 CANNABIS RETAIL USES.
(A) Cannabis retailers may be permitted subject to the approval of a commercial cannabis business permit pursuant to Chapter 5.56 of this Code, and provided there shall be no more than two cannabis retailer locations at any one time in the following use categories, or in any combination thereof:
(1) Medical-use cannabis storefront retailer(s); and/or (2) Delivery-only retailer(s), which may be medical-use, adult-use or both.
This limit shall include any medical marijuana dispensary that was legally operating as of April 3, 2018, and continues to operate, and which may be permitted to conduct adult-use cannabis deliveries pursuant to § 17.110.050 ("Adult-Use Cannabis Deliveries By Certain Existing Medical Marijuana Dispensaries"), below. In the event that the existing medical marijuana dispensary ceases to operate in accordance with
a legally-issued permit, another a permit may be issued for another operator or location such that. At all times, two, but not more than two, retail locations may hold permits to legally operate. One retail location may consist of side-by-side licensed premises as defined in 16 Cal. Code of Regulations § 5025, in order to permit the licensing and operation of both a medical use storefront retailer and adult-use delivery only retailer by a single operator.
§ 17.110.050 ADULT-USE CANNABIS DELIVERIES BY CERTAIN EXISTING MEDICAL MARIJUANA DISPENSARIES.
(A) A medical marijuana dispensary that was legally operating as of April 3, 2018 and is permitted by the town to operate a medical marijuana delivery service, may operate as a permitted use in any commercial district, an adult-use cannabis delivery-only service from its then existing premises, subject to each of the following conditions:
(1) The dispensary shall, prior to conducting any adult-use cannabis deliveries, obtain and maintain at all times:
(a) A valid state cannabis license authorizing adult-use cannabis deliveries issued by the appropriate state licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Cal. Business and Professions Code Division 10); (b) A commercial cannabis business permit pursuant to Title 5, Division II, Chapter
5.56 of this Code; and
(c) Any other state and local licenses or permits required by this Code or state law. (2) All cannabis deliveries must conform to state laws and regulations adopted pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act except as set forth herein regarding the state buffer zone.
(3) No adult-use customers shall be permitted to access or remain in the business premises of a medical marijuana dispensary.
(4) No adult-use cannabis retail sales shall be permitted to occur at the premises of a medical marijuana dispensary.
(B) Pursuant to Cal. Business and Professions Code § 26054(b), as may be amended, the town finds that no setback or radius is necessary for the conduct of adult-use cannabis deliveries by an eligible, existing medical marijuana dispensary pursuant to this section, beyond the zoning regulations contained herein.
(C) This section is not intended to give any person or entity independent legal authority to operate an adult-use cannabis non-storefront retail delivery service, it is intended only to
clarify the zoning restrictions regarding certain existing medical marijuana dispensaries that may conduct adult-use cannabis deliveries in the town pursuant to this Code and state law. This section is in addition to any other business license and regulatory requirements imposed on medical marijuana dispensaries and non-storefront retail cannabis delivery services by this Code or other applicable state law. (Ord. 834, passed 9-4-2019)