Personal Cultivation
(Section 11362.2 of the Health and Safety Code)
Local Commercial Licensure
(Section 26000 et seq of the Business and Professions Code)
Zoning and Buffering
On-Site Consumption
(Section 26200 of Business and Professions Code)
On-site consumption can be permitted on the premises of a retailer or microbusiness if all the following standards are met:
Delivery
(Section 26090 of the Business and Professions Code)
Additional Regulatory Considerations
Phased-In Permitting
This type of permitting allows for more control over the number of licensed businesses in a local jurisdiction, as it is more difficult to reduce the number of businesses than it is to expand the number of available local permits.
Development Agreements
Many jurisdictions include development agreements as part of a licensing application. Such agreements can serve as way of increasing revenue or drawing investment back into community.
Social Equity Programs
Proposition 215
Proposition 64: The Control, Regulate and Tax Adult of Marijuana Act (AUMA)
SB 94 Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)
All State Agency Cannabis Regulations
On June 4, 2018, the State regulatory agencies readopted emergency commercial cannabis regulations, with some changes, which will remain in effect for 180 days or until permanent regulations are adopted.
See summaries and final texts of readopted emergency regulations here: https://cannabis.ca.gov/emergency-regulations/
On July 13, 2018, the State regulatory agencies released proposed permanent commercial cannabis regulations.
See information about proposed permanent regulations here:
Bureau of Cannabis Control (BCC)
California Department of Food and Agriculture (CalCannabis)
California Department of Public Health (CDPH)
California Department of Consumer Affairs, Division of Investigation
With the changes incorporated into the re-adopted State emergency regulations, medicinal and adult-use/recreational cannabis are now treated virtually the same by most State regulations. Exceptions are detailed below.
Medicinal Cannabis vs Adult-Use/Recreational Cannabis
Medicinal Consumers
Adult-Use/Recreational Users
Enforcement against unlicensed cannabis businesses remains a challenge in many jurisdictions across the County. While direct enforcement against unlicensed facilities may succeed in closing a business, the result is only temporary as illegal operators simply change their business addresses and open right back up. The County, and many cities in the region, are working to implement diverse strategies to combat illegal commercial cannabis activity. The County is happy to partner with any other jurisdictions in efforts to reduce and eliminate the number of illegal cannabis businesses across the region. Enforcement requires a regional approach and coordination to avoid spill-over effects, such as illegal operators who are shutdown in one jurisdiction and simply relocate to another jurisdiction.
Public Education and Outreach: Education of key constituencies about the risks and concerns associated with unlicensed cannabis stores.
Enhanced Direct Enforcement: Enhancement of the effectiveness of direct enforcement against unlicensed businesses by strengthening existing tools and developing new tactics designed to dis-incentivize operating an illegal cannabis business.
Legislative Advocacy: Advocacy for legislation that helps to deter the operation of illegal cannabis businesses and facilitates efforts to close such businesses.
Strategic Partnerships: Development of partnerships between departments and other agencies involved in cannabis regulation, including protocols to support close collaboration and an open exchange of information with trusted partners.