December 15, 2017

City ordinances

The following is a list of city (and town) laws pertaining to growing medical marijuana and medical cannabis dispensaries. If you would like to see your city’s cannabis ordinance added, please e-mail Bud.

Oct. 29, 2012: Regrettably, I can no longer respond directly to reader inquiries about growing medical marijuana or dispensary ordinances because of suspected law enforcement e-mail contacts. Also, because of a recent server migration, some of the links below may be broken. I am working to rectify that problem.

Notice: This listing is provided for informational purposes only and may not reflect recent changes in local laws. CalPotNews.com is not liable for errors or omissions.


Directory of county ordinances

Americans for Safe Access directory

This listing is provided for reference purposes only; CalPotNews.com will not be held responsible for any errors or omissions. People with questions about a specific ordinance are advised to contact city officials and/or an attorney for further information.

ADELANTO
Muncipal Code Sec. 17.80.050: “A medical marijuana dispensary, as defined in Section 17.200.140 of this Title, is not an allowable use within any zone in the City of Adelanto and is expressly prohibited in all zones….”

Muncipal Code Sec. 17.200.140: “Medical Marijuana Dispensary – Shall include the terms “Dispensing Collective,” “Dispensing Cooperative,” “Medical Cannabis Collective,” “Medical Cannabis Cooperative,” “Medical Marijuana Collective,” “Medical Marijuana Cooperative,” or similar term, and shall mean any association, cooperative, affiliation, or collective of persons where “qualified patients” and/or “primary care givers” are organized to provide education, referral, or network services, and facilitate or assist in the lawful, “retail” distribution of medical marijuana. “Medical marijuana dispensary” also means any facility or location where the purpose is to dispense, provide, or otherwise make available marijuana as a medication that has been recommended by a physician and where marijuana is made medically available to and/or distributed by or to primary caregivers and/or qualified patients, in strict accordance with California Health and Safety Code Sections 11362.5 through 11362.83, inclusive. “Medical Marijuana Dispensary” also includes mobile sales and/or establishments from which marijuana is delivered to patients who cannot obtain it from a dispensary due to physical or mental disability, for medical purposes in compliance with Health and Safety Code Sections 11362.5 through 11362.83, inclusive. For the purposes of this Title, the terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as ascribed in California Health and Safety Code Sections 11362.5 and 11362.7.

[Ord. No. 498, Section 3, 6/23/10.]

AGOURA HILLS
Medical marijuana dispensary ban (2008)

ALAMEDA
The city adopted an urgency moratorium and extension, both in 2008. A permanent ordinance is set for consideration in May.
Urgency ordinance establishing dispensary moratorium (2008)
Staff report on draft permanent ordinance (2010)
Permanent ban enacted May 4, 2010 (Staff report)

ALBANY
Measure Q — Cannabis businesses (2010)

ALHAMBRA

ALISO VIEJO

ALTURAS

AMADOR

AMERICAN CANYON

ANAHEIM
The Anaheim ordinance banning dispensaries has been closely watched statewide. A state appellate court ruled in 2010 that federal law may not be used as a basis for cities to prohibit activities that are legal under state law, sending the case back to the trial court. The ruling has cast doubt on other dispensary bans based solely on federal pre-emption, and Qualified Patients v. City of Anaheim is headed back to the Court of Appeal after the trial judge upheld the city’s ordinance on different grounds.

Medical marijuana dispensary ban (2007)

ANDERSON
Medical marijuana dispensary moratorium (2009)
First moratorium extension (2009)
Second moratorium extension (2009)
Re-adoption and extension of moratorium (2010)
Medical marijuana cultivation (2011)

ANGELS CAMP

ANTIOCH

APPLE VALLEY
Medical marijuana dispensaries are prohibited by Section 9.05.070.D of the town’s Development Code, which was amended in 2008: “Uses such as medical marijuana dispensaries which are unlawful under Federal or State law shall not be treated as permitted uses…”

ARCADIA

ARCATA
Medical marijuana standards (2009)
Dispensary moratorium (2008)
Full list of recent city ordinances

ARROYO GRANDE

ARTESIA
Medical marijuana dispensaries are prohibited in any zone of the City. (Ord. 159, § 10.04; Ord. 08-730, § 10)

ARVIN

ATASCADERO
The city passed an urgency interim ordinance and extension in 2009 prohibiting medical marijuana dispensaries.
Final ordinance prohibiting medical marijuana dispensaries Passed first reading; second reading set for April 13 (2010)
Staff report by city attorney (2010)

ATHERTON

ATWATER
Urgency ordinance CS 931, passed Feb. 13, 2012, extends for an additional year the city’s prior moratorium against medical marijuana dispensaries.

AUBURN
The following uses are prohibited in all zones established by this chapter and may not be conducted anywhere in the city:

(A) Medical marijuana dispensaries or any other facility or use that involves the distribution of drugs or other substances illegal to distribute or possess under state or federal law.

(1) No conduct protected from criminal liability pursuant to the Compassionate Use Act (Cal. Heath and Safety Code § 11362.5) and the Medical Marijuana Program Act (Cal. Heath and Safety Code § § 11362.7 through 11362.83) shall be made criminal by this code. Such conduct that violates the requirements of this code shall be subject to non-criminal remedies only.

(Ord. 06-2, eff. 4-12-2006; Am. Ord. 11-04, eff. 4-27-2011)

AVALON

AVENAL

AZUSA

BAKERSFIELD

BALDWIN PARK

BANNING

BARSTOW

BEAUMONT

BELL

BELL GARDENS

BELLFLOWER

BELMONT

BELVEDERE

BENICIA
Medical marijuana dispensary ban (2011)

BERKELEY
Measures S and T: Medical cannabis taxes, business license (2010)
Medical marijuana access (2008)
Medical marijuana dispensaries (2004)

BEVERLY HILLS

BIG BEAR LAKE

BIGGS

BISHOP

BLUE LAKE

BLYTHE

BRADBURY

BRAWLEY

BREA

BRENTWOOD

BRISBANE

BUELLTON

BUENA PARK

BURBANK
No ordinances reported.

BURLINGAME

CALABASAS

CALEXICO

CALIFORNIA CITY

CALIMESA

CALIPATRIA

CALISTOGA

CAMARILLO
Medical marijuana dispensary moratorium (2008)
First moratorium extension (2008)
Second moratorium extension (2009)
Staff report, draft dispensary ban. Passed first reading (2010)

CAMPBELL

CANYON LAKE

CAPITOLA

CARLSBAD

CARMEL-BY-THE-SEA

CARPINTERIA

CARSON

CATHEDRAL CITY

CERES

CERRITOS

CHICO

CHINO

CHINO HILLS

CHOWCHILLA
Medical marijuana dispensary moratorium (2009)
Dispensary moratorium extension (2009)

CHULA VISTA

CITRUS HEIGHTS
Medical cannabis regulations (2004)
No dispensaries are currently operating in the city. According to the planning department: “Although the city’s Municipal Code has provisions to allow this sort of facility; the Zoning Code has a provision that states, ‘No use that is illegal under local, State, or Federal law shall be allowed in any zone within the City.’ Until such a time that the federal government changes the law regarding cannabis, the city is unable to take applications for this type of use.”

CLAREMONT

CLAYTON

CLEARLAKE
Moratorium against new medical marijuana dispensaries (2009)
Dispensary moratorium extension (2009)

CLOVERDALE

CLOVIS
Cultivation limits, dispensary ban (2006)
Outdoor growing ban, indoor growing rules (2012)

COACHELLA

COALINGA
This 2010 ordinance bans dispensaries, collectives, outdoor cultivation and even the consumption of medical cannabis outside the patient’s own home.

Medical cannabis regulations (2010)

COLFAX

COLMA

COLTON

COLUSA

COMMERCE

COMPTON

CONCORD

CORCORAN

CORNING
Medical marijuana dispensary moratorium (2009)
Medical marijuana cultivation definitions, guidelines (2010)

CORONA

CORONADO

CORTE MADERA

COSTA MESA
Dispensary moratorium (2005)

COTATI
Medical marijuana dispensaries (2007)

COVINA

CRESCENT CITY

CUDAHY

CULVER CITY

CUPERTINO
No ordinances reported.

CYPRESS

DALY CITY

DANA POINT

DANVILLE

DAVIS
Medical marijuana dispensary moratorium (2005)

DEL MAR

DEL REY OAKS

DELANO

DESERT HOT SPRINGS

DIAMOND BAR

DINUBA

DIXON

DORRIS

DOS PALOS

DOWNEY

DUARTE

DUBLIN

DUNSMUIR
Medical marijuana dispensaries (2010)

EAST PALO ALTO

EL CAJON

EL CENTRO

EL CERRITO
Medical marijuana dispensary moratorium (2004)
First moratorium extension (2004)
Second moratorium extension (2005)
Medical marijuana dispensary ban, interim (2006)
Medical marijuana dispensary ban, permanent (2006)

EL MONTE

EL SEGUNDO

ELK GROVE
Dispensary moratorium (2009)
Urgency repeal of previous MM ordinance (2009)
Final repeal of previous MM ordinance (2009)
Outdoor cultivation ban/indoor regs (2012)

EMERYVILLE
Medical marijuana dispensary ban (2006)

ENCINITAS
The city has not adopted any ordinances pertaining to medical marijuana, according to the city clerk’s office, but MM dispensaries are not permitted under current city zoning codes. Potential business owners may apply for a determination of allowable use through the Planning Department, a process that includes a public hearing and a $1,000 application fee.

ESCALON

ESCONDIDO
Medical marijuana dispensary ban (2009)

ETNA

EUREKA
Medical cannabis cultivation and processing (2010)
Moratorium on new medical cannabis dispensaries (2011)

EXETER

FAIRFAX

FAIRFIELD
Interim medical marijuana dispensary moratorium (2005)
Medical marijuana dispensary moratorium extension (2006)
Final ordinance prohibiting MM dispensaries (2007)

FARMERSVILLE

FERNDALE

FILLMORE
Medical marijuana dispensary moratorium (2010)
Moratorium extension (2010)

FIREBAUGH

FOLSOM

FONTANA

FORT BRAGG
Medical marijuana dispensaries (2008)
Medical marijuana cultivation (2009)

FORT JONES

FORTUNA

FOSTER CITY

FOUNTAIN VALLEY

FOWLER

Medical cannabis dispensary ban (2007)

FREMONT
Urgency ordinance establishing MM moratorium (2004)
Extension of MM moratorium (2004)
Final ordinance establishing MM moratorium (2006)

FRESNO
The Fresno City Council passed its first medical cannabis ordinance in 2004 with a ban on dispensaries serving more than two patients or caregivers. In 2006, the 2004 ordinance was repealed with an ordinance allowing dispensaries “consistent with state and federal law.” Since medical cannabis remains illegal under federal law, the ordinance serves as a de facto ban on dispensaries. In 2007, the 2006 ordinance got a procedural makeover (see report) but the language didn’t change.

Medical marijuana dispensary ban (2004)

De facto ban on medical cannabis dispensaries (2006)

De facto ban on medical cannabis dispensaries: The Sequel (2007)

Staff report on 2007 ordinance

On Dec. 15, 2011, the Fresno City Council passed Ordinance 2011-41, an interim urgency ordinance prohibiting the outdoor cultivation of marijuana in the city. The outdoor growing ban was extended for 10 months, 15 days, by Ordinance 2012-3, which was passed by the council on Jan. 26, 2012.

Urgency ordinance banning outdoor cultivation (2011)

Extension of medical marijuana outdoor growing ban (2012)

Proposed permanent ban recommended for approval by the Fresno Planning Commission. The ordinance is expected to go before the Fresno City Council in the near future.

FULLERTON
Medical marijuana dispensary ban (2008)

GALT
Medical marijuana dispensary moratorium (2009)
Medical marijuana dispensary ban (2009)

GARDEN GROVE

GARDENA
Gardena Municipal Code Section 18.42.040(E): Uses such as medical marijuana dispensaries that are unlawful under federal or state law shall not be treated as permitted uses, and shall not be determined to be similar uses pursuant to this section. (Ord. 1711 § 3, 2008; Ord. 1683 § 56, 2006; Urg. Ord. 1682; prior code § 10-3.2104)

GILROY
Dispensary moratorium (2010)

GLENDALE
Moratorium extension (2009)

GLENDORA

GOLETA

GONZALES

GRAND TERRACE

GRASS VALLEY
The city faces a Feb. 23 deadline before its dispensary moratorium expires. The City Council voted Jan. 11 to enact a permanent ban, not just on dispensaries but also on medical cannabis collectives.
Staff report on expiring moratorium (11-23-10)
Ban on medical cannabis collectives (First reading, 1-11-11)

GREENFIELD

GRIDLEY

GROVER BEACH

GUADALUPE

GUSTINE
Dispensary ban (2012)

HALF MOON BAY

HANFORD

HAWAIIAN GARDENS

HAWTHORNE

HAYWARD

HEALDSBURG

HEMET

HERCULES

HERMOSA BEACH

HESPERIA
16.16.073 – Medical marijuana dispensary.

A medical marijuana dispensary, as defined in Section 16.08.513, is prohibited within the city of Hesperia. (Ord. No. 2005-12, § 5, 11-16-05)

HIDDEN HILLS

HIGHLAND

HILLSBOROUGH

HOLLISTER
Urgency ordinance establishing dispensary moratorium (2010)
Final ordinance establishing dispensary moratorium (2010)

HOLTVILLE

HUGHSON

HUNTINGTON BEACH
Medical marijuana dispensary moratorium (2005)
Dispensary regulations added to zoning code (2005) (2005)
Dispensary regulations deleted from zoning code (2007)

HUNTINGTON PARK

HURON

IMPERIAL

IMPERIAL BEACH

INDIAN WELLS

INDIO

INDUSTRY

INGLEWOOD

IONE

IRVINE
Craig Reem, Irvine’s director of public affairs and communications, issued the following statement in response to an inquiry by CalPotNews: “Dispensaries are not authorized in the City of Irvine because we do not issue licenses for businesses that plan to operate in a way that is inconsistent with state and federal law.”

IRWINDALE

ISLETON

JACKSON

KERMAN
Kerman Municipal Code

9.06.010 Purpose and intent.

It is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating medical marijuana dispensaries. (Ord. 04-05 §1(part), 2004).

9.06.020 Definitions.

For the purposes of this chapter, the following terms shall be defined as follows, unless the context requires a different meaning:

“Medical marijuana” is defined in strict accordance with California Health and Safety Code Section 11362.5 et seq.

“Medical marijuana dispensary” means any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to one or more of the following: (1) a “qualified patient,” (2) a “person with an identification card,” or (3) a “primary caregiver” as those terms are defined in strict accordance with California Health and Safety Code Section 11362.5 et seq. Unless otherwise regulated by this code or applicable law, “medical marijuana dispensary” shall not include the following uses: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. (Ord. 04-05 §1(part), 2004).

9.06.030 Limitations and prohibitions applicable to medical marijuana dispensaries.

A. Medical marijuana dispensaries where medical marijuana is distributed by, distributed to, or made available to any combination of three or more qualified patients, persons with identification card, or primary caregivers as defined by California Health and Safety Code Section 11362.5 et seq. are prohibited.

B. Medical marijuana dispensaries are prohibited from engaging in the sale, dispensing, or distribution of any item other than medical marijuana as allowed by law.

C. No more than one medical marijuana dispensary may operate out of a single building or legal parcel. (Ord. 04-05 §1(part), 2004).

9.06.040 Separable provisions.

If any section, subdivision, sentence, clause or phrase of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision, and that holding shall not affect the validity of the remaining portion thereof. (Ord. 04-05 §1(part), 2004).

KING CITY

KINGSBURG
Medical cannabis dispensary ban (2010)

LA CANADA FLINTRIDGE

LA HABRA

LA HABRA HEIGHTS

LA MESA

LA MIRADA

LA PALMA

LA PUENTE

LA QUINTA

LA VERNE

LAFAYETTE

LAGUNA BEACH
The City Council passed a 45-day moratorium on medical cannabis dispensaries in February 2009, then passed two extensions extending the moratorium through Oct. 2, 2010. Ordinance 1511, which passed Oct. 6, 2010 , amends the city’s municipal code to prohibit medical cannabis dispensaries AND collectives. The state Coastal Commission asked the city to reconsider the dispensary ban in January 2011, according to the Orange County Register.
Coastal Commission staff report (Jan. 2011)

LAGUNA HILLS

LAGUNA NIGUEL

LAGUNA WOODS

LAKE ELSINORE

LAKE FOREST

LAKEPORT
Medical marijuana cultivation (2007)

LAKEWOOD

LANCASTER
Urgency ordinance banning MM dispensaries (2009)
Final ordinance banning MM dispensaries (2010)

LARKSPUR

LATHROP
The Planning Commission held a medical marijuana dispensary workshop after the city received a proposal from a would-be operator. I wasn’t able to locate any follow-up action for or against dispensaries, and I don’t see any references in the Lathrop Municipal Code. In the broader context of local ordinances found elsewhere in California, Lathrop is neutral, having neither banned dispensaries nor authorized them. Many cities and counties are awaiting an upcoming California Supreme Court ruling (or two or three) before taking the next step on dispensary regulations.

LAWNDALE

LEMON GROVE

LEMOORE

LINCOLN
Medical marijuana dispensary ban (2005)

LINDSAY

LIVE OAK
Medical cannabis cultivation ban (2011)

LIVERMORE
Medical marijuana dispensaries are a prohibited use under Sec. 5.80 of the Livermore Municipal Code (Ord. 1828, 2007). A dispensary is defined as “any facility or location, whether fixed or mobile, where medical marijuana is made available to or distributed by or distributed to one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card.”

LIVINGSTON

LODI
Medical marijuana dispensary moratorium (2009)
First moratorium extension (2009)
Second moratorium extension (2010)
Ban on medical cannabis dispensaries and collectives (Passed first reading Feb. 16, 2011; final passage set for March 2)

LOMA LINDA

LOMITA

LOMPOC

LONG BEACH
Measure B – Long Beach medical cannabis tax (2010)

LOOMIS

LOS ALAMITOS

LOS ALTOS

LOS ALTOS HILLS

LOS ANGELES
Medical marijuana dispensaries (2010)
Measure M — A 5 percent tax on gross proceeds at medical cannabis dispensaries was passed by city voters March 8, 2011. It passed with 59 percent “yes” votes despite an opposition campaign run by local dispensaries. The full text appears below.

An ordinance adding Section 21.50 to the Los Angeles Municipal Code to provide funding through imposition of a general tax.

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:
Section 1. Section 21.50 is added to the Los Angeles Municipal Code to read:
Sec. 21.50. TAXATION OF MEDICAL MARIJUANA COLLECTIVES.
(a) No registration certificate or permit issued under the provisions of Article 1 or Article 1.5 of Chapter 2 of this Code, or the payment of any tax required under the provisions of Article 1 or Article 1.5 of Chapter 2 of this Code shall be construed as authorizing the conduct or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this section implies or authorizes that any activity connected with the distribution or possession of cannabis is legal unless otherwise authorized and allowed by
California and federal law. Nothing in this Section shall be applied or construed as authorizing the sale of marijuana.
(b) Every person engaged in operating or otherwise conducting a medical marijuana collective not otherwise specifically taxed by other business tax provisions of this Chapter, shall pay a business tax of $50.00 for each $1,000.00 of gross receipts or fractional part thereof.
(c) For purposes of this section, a “medical marijuana collective” means any activity regulated or permitted by Article 5.1 of this Code or Health and Safety Code sections 11362.5, et seq., that involves planting, cultivating, harvesting, transporting, dispensing, delivering, providing, manufacturing, compounding, converting, processing, preparing, storing, packaging, or testing any part of the marijuana plant for medical purposes.
(d) For purposes of this section, “gross receipts” includes all amounts that would be considered gross receipts under section 21.00, including without limitation:
(i) Membership dues;
(ii) The value of in-kind contributions;
(iii) Reimbursements provided by members, regardless of form; and
(iv) Anything else of value obtained by a medical marijuana collective.
(e) All taxpayers subject to this section must pay the full tax imposed by this section regardless of any rebate, exemption, incentive, or other reduction set forth elsewhere in the Municipal Code, except as required by California or Federal Law. No provision in the Municipal Code can lower the tax rate set forth in this section or otherwise reduce the amount of taxes paid hereunder unless the provision specifically states that the reduction applies.
(f) The City Council may impose the tax authorized by this section at a lower rate and may establish exemptions, incentives, or other reductions as otherwise allowed by the Charter and California law. No action by the Council under this paragraph shall prevent it from later increasing the tax or removing any exemption, incentive, or reduction and restoring the maximum tax specified in this section.

LOS BANOS

LOS GATOS

LOYALTON

LYNWOOD

MADERA

MALIBU

MAMMOTH LAKES

MANHATTAN BEACH

MANTECA

MARICOPA

MARINA

MARTINEZ
Medical marijuana dispensary regulations (2000)

MARYSVILLE

MAYWOOD

McFARLAND

MENDOTA
Dispensaries are a “prohibited home occupation” under the same Municipal Code section that bans home-based adult businesses, massage parlors, etc.

MENIFEE

MENLO PARK

MERCED

MILL VALLEY

MILLBRAE

MILPITAS

MISSION VIEJO

MODESTO

MONROVIA

MONTAGUE

MONTCLAIR
No code section nor ordinance is cited, but the city website says medical cannabis dispensaries are prohibited.

MONTE SERENO

MONTEBELLO

MONTEREY

MONTEREY PARK

MOORPARK

MORAGA

MORENO VALLEY

MORGAN HILL

MORRO BAY

MOUNTAIN VIEW
One-year medical marijuana dispensary moratorium (2010)

MOUNT SHASTA
Medical cannabis dispensary moratorium (2009)
Moratorium extension (2010)
Medical cannabis dispensary regulations (2010)

MURRIETA

NAPA

NATIONAL CITY

NEEDLES

NEVADA CITY

NEWARK

NEWMAN

NEWPORT BEACH
Ordinance 2006-10 extends the city’s moratorium on the establishment and operation of medical marijuana dispensaries. It was preceded by Ordinances 2005-7 and 2005-11. The text of the moratorium and its expiration date are not readily accessible on the city’s muni code database.

NORCO

NORWALK

NOVATO

OAKDALE

OAKLAND
Enforcement
Community Oversight Committee
Medical marijuana, Measure Z
Public health emergency declaration

OAKLEY

OCEANSIDE

OJAI

ONTARIO

ORANGE

ORANGE COVE

ORINDA

ORLAND

OROVILLE

OXNARD

PACIFIC GROVE

PACIFICA

PALM DESERT

PALM SPRINGS

PALMDALE

PALO ALTO

PALOS VERDES ESTATES

PARADISE
Moratorium on collectives and cultivation (2011)
Draft medical cannabis ordinance (Approved July 7 by town Planning Commission)

PARAMOUNT

PARLIER

PASADENA

PASO ROBLES

PATTERSON

PERRIS

PETALUMA

PICO RIVERA

PIEDMONT

PINOLE

PISMO BEACH

PITTSBURG

PLACENTIA

PLACERVILLE

PLEASANT HILL

PLEASANTON

PLYMOUTH

POINT ARENA

POMONA
Medical cannabis dispensaries are expressly prohibited in the city’s zoning ordinance. Refer to city ordinance 4096, no date provided.

PORT HUENEME

PORTERVILLE
Porterville passed an interesting ordinance in 2007 that would allow dispensaries to apply for city licenses, with conditions that aren’t as onerous as those seen in other cities. The teeth of the ordinance is found in a clause that codifies the city’s practice of refusing licenses to businesses that violate federal law. The same concept of federal pre-emption is central to Qualified Patients Association vs. City of Anaheim, an important test case that is expected to provide some legal clarity … someday.

15-5.1 B: REFUSAL TO ISSUE LICENSE: Inasmuch as the city council shall refuse to issue a business license to any applicant where it is apparent that the issuance of such license would allow for the practice, operation or carrying out of any activity that conflicts with any local, state or federal law, and whereas the concept of medical marijuana dispensaries, which are defined by the California Compassionate Use Act of 1996 and SB 420, directly conflict with federal marijuana laws, all applications for medical marijuana dispensaries shall be denied. Should federal marijuana laws, at any time, be altered or amended to accommodate for the operation of medical dispensaries, section 15-17 of this code shall govern such licenses, but only to the extent that it conforms with all applicable local, state and federal laws. (Ord. 1324, 12-18-1984; Ord. 1734, 11-20-2007)

PORTOLA

PORTOLA VALLEY

POWAY

RANCHO CORDOVA
Measure H – Cannabis business tax (2010)
Measure O – Cannabis cultivation tax (2010)

RANCHO CUCAMONGA
Dispensary ban (2008)

RANCHO MIRAGE

RANCHO PALOS VERDES

RANCHO SANTA MARGARITA

RED BLUFF
Medical marijuana dispensary moratorium (2009)

REDDING
Medical marijuana collective/dispensary regulations (2009)
Extension of moratorium against new dispensaries (2009)
Zoning regulations, MM cultivation limits (2010)

The city repealed its earlier dispensary law after the Pack v. Long Beach ruling.
Medical marijuana dispensary ban (2011)

REDLANDS

REDONDO BEACH

REDWOOD CITY

REEDLEY
Medical marijuana dispensaries as defined in section 5-11-2 are prohibited in the city of Reedley. (Ord. 2009-06, 1-12-2010)

5-11-2: DEFINITIONS:

For purposes of this chapter, the following definitions shall apply:

COLLECTIVE OR COOPERATIVE CULTIVATION: The association within California of qualified patients, persons with valid identification cards, and designated primary caregivers to cultivate marijuana for medical purposes as defined in strict accordance with California Health and Safety Code sections 11362.5 and 11362.7 et seq.

CULTIVATION OF MEDICAL MARIJUANA: The growing of medical marijuana for medical purposes as defined in strict accordance with California Health and Safety Code sections 11362.5 and 11362.7 et seq.

MEDICAL MARIJUANA: Is defined in strict accordance with California Health and Safety Code sections 11018, 11362.5, and 11362.7 et seq.

MEDICAL MARIJUANA DISPENSARY: Any facility or location, whether fixed or mobile, and any building or structure, where medical marijuana is made available to, distributed by, or distributed to more than two (2) of the following: a qualified patient, a person with an identification card, or a primary caregiver as those terms are defined in California Health and Safety Code sections 11362.5 and 11362.7 et seq. Unless otherwise regulated by this code or applicable law, a “medical marijuana dispensary” shall not include the following uses: a clinic licensed pursuant to chapter 1 of division 2 of the Health and Safety Code, a healthcare facility licensed pursuant to chapter 2 of division 2 of the Health and Safety Code, a residential care facility for persons with chronic life threatening illness licensed pursuant to chapter 3.01 of division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to chapter 3.2 of division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to chapter 8 of division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code sections 11362.5 and 11362.7 et seq. (Ord. 2009-06, 1-12-2010)

5-11-3: REGULATIONS APPLICABLE TO THE CULTIVATION OF MEDICAL MARIJUANA:

To the extent that the city is required to allow the cultivation of medical marijuana under state law, the regulations set forth herein shall apply. Nothing in this section shall be interpreted to permit medical marijuana dispensaries otherwise prohibited by this chapter or the city’s zoning regulations.

A. Secure Enclosed Structure: The cultivation of medical marijuana shall at all times occur in a secure, locked, and fully enclosed structure, including a ceiling, roof or top.

B. Patient Cultivation: For qualified patients and persons with identification cards, the following shall apply: Each qualified patient and person with an identification card may cultivate in any residential zone district up to six (6) mature or twelve (12) immature marijuana plants, or as otherwise recommended by a doctor in accordance with California Health and Safety Code section 11362.77, up to a maximum of twenty four (24) plants, whether mature or immature.

C. Primary Caregiver Cultivation: For primary caregivers, the following shall apply: Each primary caregiver may cultivate in any residential zone district, or within the grounds of a clinic, healthcare facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health and Safety Code and located in the PO (professional office) district, C-AO (administrative and office commercial) district, CN (neighborhood commercial) district, or CC (central and community commercial) district, up to six (6) mature or twelve (12) immature marijuana plants, or as otherwise recommended by a doctor, for each qualified patient in accordance with Health and Safety Code section 11362.77, up to a maximum of twenty four (24) plants for all qualified patients combined, whether mature or immature, and subject to the medical marijuana dispensary prohibition.

D. Collective Or Cooperative Cultivation: The collective or cooperative cultivation of marijuana is a prohibited use in all zone districts of the city. (Ord. 2009-06, 1-12-2010)

RIALTO

RICHMOND
Urgency ordinance establishing medical marijuana dispensary moratorium (2010)
Moratorium extension (2010)
Measure V: Cannabis business license tax (2010)

RIDGECREST

RIO DELL
Medical marijuana dispensary moratorium (2010)

RIO VISTA

RIPON

RIVERBANK

RIVERSIDE

ROCKLIN

ROHNERT PARK

ROLLING HILLS

ROLLING HILLS ESTATES

ROSEMEAD

ROSEVILLE

ROSS

SACRAMENTO
Moratorium on new medical marijuana dispensaries (2009)
Moratorium extension (2009)
Medical cannabis dispensary regulations (2010)
Measure C: Medical cannabis business tax (2010)

SALINAS

SAN ANSELMO

SAN BERNARDINO

SAN BRUNO

SAN CARLOS

SAN CLEMENTE

SAN DIEGO
Medical marijuana ID cards
Prop. 215 Implementation Task Force

SAN DIMAS

SAN FERNANDO

SAN FRANCISCO
Please see San Francisco listing under
county ordinances
.

SAN GABRIEL

SAN JACINTO

SAN JOAQUIN

SAN JOSE
Dozens of dispensaries operate in the city despite being prohibited. A new ordinance under development would cap the number of dispensaries.
Medical marijuana dispensary regulations (Adopted 1998; superseded 2001)
Staff report on development process for new regulations (March 2010)
Memo from Councilman Oliverio supporting new regulations (March 2010)
Medical marijuana FAQ from city planning department
Update story on development of new ordinance
Measure U: Cannabis business tax (2010)
Finance Department memo on cannabis business applications (Jan. 27, 2011)

Staff report on proposed medical cannabis ordinance (Sept. 13, 2011)
Planning Commission memo on proposed ordinance
City attorney’s memo on proposed ordinance
Text of medical cannabis ordinance (passed Sept. 13, 2011)

SAN JUAN BAUTISTA

SAN JUAN CAPISTRANO

SAN LEANDRO
The city first prohibited dispensaries with interim urgency Ordinance No. 2004-024. Ordinance No. 2006-002, an Interim Urgency Ordinance of the City of San Leandro Making Findings and Extending Ordinance No. 2005-001, a Moratorium on the Establishment and Operation of Medical Marijuana Dispensaries Pending the Review and Possible Amendment of Zoning Regulations Applicable to Medical Marijuana Dispensaries, was passed in January 2006. I wasn’t able to locate a permanent ordinance from this time period on the city’s website.

The appearance of Proposition 19 on the ballot for the November 2010 general statewide election apparently spurred the San Leandro City Council to pass Ordinance No. 2010-012, an Interim Urgency Ordinance of the City of San Leandro Prohibiting Consideration and Approval of Use Permits, Variances, Building Permits, Start of New Construction, or Other Entitlements for Any Establishment or Operation of Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, or Other Land Uses that Could Be Proposed Should Prop 19 Be Approved by Voters this November for a Forty-Five Day Period. (Hmmm … weren’t they already banned through the use of urgency land-use ordinances?)

In November 2010, the City Council approved Minute Order No. 2010-040, Motion Approving and Issuing a Written Report, as Required by Government Code Section 65858(d), Describing the Measures Taken to Alleviate the Conditions Which Led to the Adoption of the Interim Urgency Ordinance Imposing a Moratorium on Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, or Other Land Uses that Could Be Proposed Should Proposition 19 Be Approved by Voters on November 2, 2010.

The City Council approved and issued a written report, as required by Government Code Section 65858(d), describing the measures taken to alleviate the conditions which led to the adoption of the interim urgency ordinance imposing a moratorium on medical marijuana dispensaries, marijuana cultivation facilities, or other land uses that could be proposed should Proposition 19 be approved by voters on November 2, 2010.

On Nov. 15, 2010, An Interim Urgency Ordinance of the City of San Leandro Making Findings and Extending a Temporary Moratorium on the Establishment and Operation of Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, or Other Land Uses that Relate to the Dispensing or Cultivation Facilities Pending the Review and Possible Amendment of Zoning Regulations Applicable to Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, or Other Land Uses that Relate to Dispensing or Cultivating Medical Marijuana was passed to print and adopted.

A permanent dispensary ban is recommended by city staff. (June 2012)

SAN LUIS OBISPO

SAN MARCOS

SAN MARINO

SAN MATEO

SAN PABLO

SAN RAFAEL

SAN RAMON

SAND CITY

SANGER

SANTA ANA

SANTA BARBARA
Medical marijuana dispensary regulations (2008)
Dispensary zoning, revised regulations (2010)
Click here for more information about the city’s revised regulations.
Click here to read the staff report about a November ballot measure that would ban storefront dispensaries.

SANTA CLARA
The city adopted an urgency ordinance (1852) prohibiting medical marijuana dispensaries on Nov. 17, 2009, and extended the ordinance Dec. 8, 2009 (1854). PDFs of the ordinances are not available online.

SANTA CLARITA

SANTA CRUZ
Medical marijuana collectives, cultivation (2000)
Postponement of effective date (2000)
Final adoption of MM ordinance, changes to municipal code (2000)
Amendment to municipal code re: use permits, zoning (2007)
Moratorium against new MM dispensaries (2009)
First moratorium extension (2009)
Second moratorium extension (2010)
Modified medical marijuana ordinance (2010)

SANTA FE SPRINGS

SANTA MARIA

SANTA MONICA

SANTA PAULA

SANTA ROSA

SANTEE

SARATOGA

SAUSALITO

SCOTTS VALLEY
Medical marijuana dispensary moratorium (2010)
Moratorium extension (2010)

SEAL BEACH

SEASIDE

SEBASTOPOL
Medical cannabis cultivation and dispensaries (2010)


SELMA

11-32-1: DEFINITIONS:

As used in this chapter, unless the context otherwise requires:

MARIJUANA: All parts of the plant Cannabis sativa L., including, the seeds thereof; the resin extracted from any part of the plant; and every component, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

MEDICAL MARIJUANA: Shall mean and refer to marijuana used, possessed, distributed, sold or cultivated for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of any illness for which marijuana provides relief. (Ord. 2010-4, 10-4-2010)

11-32-2: USES RELATED TO MEDICAL MARIJUANA PROHIBITED:

(A) Uses related to medical marijuana, including, but not limited to, dispensing, cultivating, selling or using medical marijuana are hereby prohibited in the city of Selma.

(B) No use permit, variance, conditional use permit or other applicable entitlement or approval will be accepted, approved or issued for any establishment related to medical marijuana or the operation of a medical marijuana dispensary. (Ord. 2010-4, 10-4-2010)

SHAFTER

SHASTA LAKE
Medical marijuana collective ordinance (2009)
Draft MM cultivation ordinance (2010)

SIERRA MADRE

SIGNAL HILL

SIMI VALLEY
Medical marijuana dispensary ban (2007)

SOLANA BEACH

SOLEDAD

SOLVANG

SONOMA

SONORA

SOUTH EL MONTE

SOUTH GATE

SOUTH LAKE TAHOE
Medical cannabis cultivation and dispensaries (2011)

SOUTH PASADENA

SOUTH SAN FRANCISCO

ST. HELENA

STANTON

STOCKTON
Measure I: Medical cannabis dispensary tax (2010)

SUISUN CITY

SUNNYVALE

SUSANVILLE

SUTTER CREEK

TAFT

TEHACHAPI

TEHAMA

TEMECULA
Ban on medical cannabis dispensaries (2006)

TEMPLE CITY

THOUSAND OAKS

TIBURON

TORRANCE

TRACY
Ban on medical marijuana dispensaries and cultivation (2012)

Bud’s semi-informed (but not legally binding) opinion: Passed in June 2012, this old-school ordinance could have been written in 2004. It’s in trouble on two fronts, but let’s focus on enforcement first:

    – There’s no misdemeanor penalty for code violations unless they’re “specifically identified” in the Municipal Code. Fines, yes, maybe even an infraction, plus court costs and other unpleasantries. When the cops show up at your door and threaten to arrest you for violation of the city’s growing ban (and trust me, they probably will), you can put on your pre-Prop. 215 game face and ask to see a warrant.

    – If you get a stern lecture and a ticket instead, it’s still a bummer but you can follow the city’s appeals process.

    – Collective-dispensary operators have bigger things to worry about than city fines and infractions these days, but they can add up quickly with daily violations. Consult your attorney.

As to the ordinance itself, it relies on the federal prohibition of all things cannabis, medical marijuana included, to prohibit marijuana cultivation and distribution in the city:

No provision of this Code is intended to nor shall be interpreted or applied to allow or authorize a use, structure, activity, or conduct that violates federal, State or local law.”

The only problem is that violation of federal marijuana laws cannot be used as the “sole basis” for enforcing a city or state law, according to state appellate court rulings. This old-school language, which dates back to about 2004-5, is subject to challenge.

Tracy’s ordinance also doesn’t specify dispensaries and cultivation as prohibited land uses in the Municipal Code. It seems to rely on the notion that dispensaries are not legal under state law, either. California’s appellate courts have ruled that some dispensaries are legal and some are not, depending on the specific circumstances.

Federal or state laws aside, the city’s ordinance is a per se ban, prohibiting all types of medical cannabis dispensaries and cultivation, even growing by individual patients. It doesn’t distinguish between outdoor or indoor cultivation or list them as prohibited uses in the city’s building code. Even it did, several key cases involving per se dispensary bans are under review by the California Supreme Court; I wouldn’t bet the farm on Tracy’s ordinance standing up.

TRINIDAD

TRUCKEE

TULARE

TULELAKE

TURLOCK

TUSTIN

TWENTYNINE PALMS

UKIAH

UNION CITY

UPLAND
No medical marijuana dispensary as defined in Section 17.14.020 shall be permitted in any zone within the city. (Ord. 1813 § 3, 2007; prior code § 9401.014) “Medical marijuana dispensary” means a facility or location, whether fixed or mobile, which provides, makes available or distributes marijuana to a primary caregiver, a qualified patient or a person with an identification card issued in accordance with California Health and Safety Code Sections 11362.5 et seq.

VACAVILLE

VALLEJO
Medical marijuana dispensary regulations and taxes (2011); approved by city voters November 2011.

VENTURA
Medical marijuana dispensary moratorium (2009)
Dispensary moratorium extension (2009)

VERNON

VICTORVILLE

VILLA PARK

VISALIA
Medical marijuana dispensaries (2005)
Medical marijuana dispensary zoning (2005)
Ban on outdoor cultivation, public consumption (2005)

VISTA

WALNUT

WALNUT CREEK
Medical marijuana dispensary moratorium (2009)

WASCO

WATERFORD

WATSONVILLE

WEED
The city did not ban medical marijuana dispensaries per se, but it did prohibit any business or land use that violates state or federal laws. That includes medical marijuana dispensaries and cultivation.
Ban on businesses and land uses that violate state or federal laws (2010)

WEST COVINA

WEST HOLLYWOOD
Medical marijuana dispensary moratorium (2005)
Moratorium extension (2005)
Medical marijuana dispensary operations, store cap (2005)
Moratorium on new medical marijuana dispensaries (2006)
Changes to zoning, municipal code (2007)
Business licenses, operating requirements (2009)

WEST SACRAMENTO

WESTLAKE VILLAGE
Medical marijuana dispensary moratorium (2009)
Moratorium extension (2009)

WESTMINSTER

WESTMORLAND

WHEATLAND

WHITTIER
Medical marijuana dispensary regulations (2006)
Medical marijuana; non-conforming uses (2006)
Medical marijuana dispensary moratorium (2009)
Moratorium extension (2010)

WILDOMAR

WILLIAMS

WILLITS

WILLOWS
No ordinances reported.

WINDSOR

WINTERS

WOODLAKE

WOODLAND
The city did not ban medical marijuana dispensaries per se, but it did prohibit any business or land use that violates state or federal laws. That includes medical marijuana dispensaries and cultivation.
Ban on businesses and land uses that violate state or federal laws (2009)
City table of permitted uses (2009)

WOODSIDE

YORBA LINDA

YOUNTVILLE

YREKA

YUBA CITY
Medical marijuana dispensary ban (2005)
Urgency ordinance — outdoor growing ban (2012)

YUCAIPA

YUCCA VALLEY