FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #6.d
MEETING DATE March 4, 2026
PREPARED FOR Mayor and Town Council
PREPARED BY Janet Coleson, Town Attorney
Heather Abrams, Town Manager
SUBJECT Second reading by Title Only and Adoption of Ordinance 905 Repealing Fairfax Town Code Sections 5.56.170 and 17.110.050 and Revising Section
17.110.040(A) to Remove Provisions Related to the Proposed Relocation of Marin Alliance for Medical Marijuana (MAMM) to 1591–1593 Sir Francis Drake Boulevard.
RECOMMENDATION
Staff recommend the Town Council:
1. Conduct the second reading by title only and waive further reading of Ordinance 905; and
2. Adopt the Ordinance repealing Sections 5.56.170 and 17.110.050 and revising Section
17.110.040(A) of the Fairfax Town Code.
BACKGROUND
On February 4, 2026, the Town Council introduced and conducted the first reading of this Ordinance.
The Ordinance removes code provisions that were adopted specifically to allow MAMM to relocate to 1591–1593 Sir Francis Drake Boulevard and obsolete code provisions created for MAMM’s previous location at School Street Plaza. MAMM’s owner has informed the Town that she does not own the building at 1591-1593 Sir Francis Drake and will not relocate to that site. In addition, MAMM’s Townissued cannabis permits expired in 2025.
DISCUSSION
Because the relocation will not occur and the associated permits have expired, the location-specific legacy provisions are no longer applicable. Retaining them in the Town Code could create confusion.
The proposed Ordinance removes those provisions and restores the Code to the standard cannabis permitting framework. Any future cannabis operator, including Ms. Shaw, will apply through the Town’s established application process.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENT
A. Ordinance 905 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B. Redline Version of Repealed and Revised Code Sections Ordinance No. 905 ATTACHMENT A
ORDINANCE NO. 905
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. 905 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 4th day of March 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)