Southern California Counties

SOUTHERN CALIFORNIA

San Luis Obisbo:

22.30.225 – General RetailThis section applies only to Medical Marijuana Dispensaries when proposed in the Commercial Retailor Commercial Service land use categories and outside of the Central Business District (CBD). Other General Retail uses are subject to the land use permit required by 22.06.030 (Table 2-2). A MedicalMarijuana Dispensary is defined as a facility where marijuana is made available for medical purposes in accordance with Health and Safety Code Section 11362.5 (Proposition 215).A.
Purpose.
The voters of the State of California affirmed the medical use of marijuana by voting for Proposition 215 (codified as Health & Safety Code Section 11362.5). The intent of this Proposition was to give persons who are in need of medical of marijuana the ability to obtain and use it without fear of criminal prosecution. The specific purpose of this Section is to set standards for this use consistent with neighborhood concerns.B.
Permit requirements.
Minor Use Permit approval is required in order to establish a MedicalMarijuana Dispensary.C.
Design and operational standards.
1.
Location.
Medical Marijuana Dispensaries shall be located outside of the CBD, a minimum of 1000feet from any pre-school, elementary school, high school, library, park, playground, recreation or youth center. Distance shall be measured from the building which contains the Medical MarijuanaDispensary to the property line of the enumerated use using a direct straight line measurement.2.
Limitation on use.
a. Hours of operation are limited to 11:00 a.m. to 6:00 p.m. seven days per week. b. No person under the age of 18 (eighteen) shall be permitted in the Dispensary at anytime except in the presence of his/her parent or guardian.c. No retail sales of paraphernalia as defined in Health and Safety Code section 11364.5are permitted at the Dispensary.d. No cultivation of medical marijuana is permitted at the Dispensary or on Dispensary property.3.
Employees.
All staff/employees employed by the Medical Marijuana Dispensary must be 21 years of age or older.4.
Security Plan.
A security plan shall be submitted with the Minor Use Permit Application that includes lighting, security video cameras, alarm systems and secure area for medical marijuana storage. The Security Plan shall include a requirement that there be at least 30 (thirty) business days of surveillance video (that captures both inside and outside images) stored on an ongoing basis. The video system for the security cameras must be located in a locked, tamper-proof compartment.5.
Displayed notice.
Each Dispensary, inside of the Dispensary itself, shall display in a manner legible and visible to its clientele:
a. Notice that persons under the age of 18 (eighteen) are not allowed in the Dispensary except in the presence of his/her parent or guardian; b. Notice that there is no consumption of medical marijuana in the vicinity of the Dispensary.6.
Sheriff notification.
A condition to establishment of a Medical Marijuana Dispensary shall be notification to the Sheriff’s Department informing it of the name, location and contact information for the owner/operator of the Dispensary

Santa Barbara:

As of August 17, 2015, the City has one approved Medical Marijuana Dispensary in the Outer State Street area, at 3617 State Street.  The City has two pending applications, one in the Upper De la Vina area, at 2609 De la Vina Street, and one in the Milpas area at 118 N. Milpas Street.

Medical Marijuana Storefront Collective Dispensaries are regulated by Chapter 28.80 of the Zoning Ordinance, (Medical Cannabis Dispensaries).  The major provisions are as follows (scroll to bottom of screen for maps and documents):

1.      Maximum of three (3) storefront collectives (Citywide).
2.      Allowable locations limited to the following areas:
Milpas, MissionOuter StateUpper De la Vina, and West Pueblo Medical.
3.      Prohibition of storefront collectives in existing, mixed-use buildings with residential condominiums.
4.      Storefront collective membership limited to Santa Barbara County residents.
5.      Require 24 hour waiting period to join a storefront collective.
6.      Cultivation, membership and financial record required to be maintained, with inspection by City staff.
7.      Medical records may be inspected by City staff with a search warrant or inspection warrant.
8.      Dispensary inspection by City staff with limited notice.
9.      Security provided by a separate, “Private-party operator” security company, which is licensed by the State.
10.    Hours of operation: 8:00 a.m. – 6:00 p.m. Monday through Saturday.
11.    Applications are appealable to the City Council.
12.    Annual review of the storefront collective operation by the Police and Community Development Departments.

Applications submitted will be reviewed for completeness and compliance with the ordinance.  These applications will be processed one-at-a-time until the open spots in their respective areas are filled.  It is possible that some of these applications will not be approved.  If this is the case, then newer applications will be processed in the order that they are deemed complete.

As part of the application, you must prepare a document that shows how your dispensary complies with the operational requirements AND the criteria for approval in the Ordinance.  For your convenience, the requirements and the criteria for approval are in this Medical Cannabis Dispensary Permit Application Document.

Staff recommends the following steps before beginning the process:
1.    Read the Medical Cannabis Dispensaries Ordinance SBMC 28.80.
2.    Contact Danny Kato, Senior Planner, at DKato@SantaBarbaraCA.gov to get an update on the progress of any pending applications.
3.    Find a location that meets the requirements of the ordinance
4.    Develop your collective operational plan. We recommend as much detail as possible to show that the storefront collective is not a retail business. Information to consider includes: compliance with Proposition 215, SB 420 and the Attorney General’s Guidelines, location of cultivation in SB County, methods to ensure a closed loop between cultivator-members and non-cultivator-members, and compensation for cultivators and other members.
5.  Review the Planning Commission Staff Report for the approved dispensary, which is available here.
6.  Review the videos of the Staff Hearing Officer and Planning Commission hearings for the approved dispensary.     – Find the video for the April 15, 2015 Staff Hearing Officer hearing at this webpage (click here).
– Find the video for the June 4, 2015 Planning Commission hearing at this webpage (click here).


Ventura:

Like other California cities, Ventura rushed to adopt an ordinance before a state law approved in October goes into effect. Cities that do not have an ordinance regulating or prohibiting cultivation by March 1 will lose the authority to regulate or ban cultivation within their limits and will fall under state rule.

The bill would create the Bureau of Medical Marijuana Regulation and would allow medicinal marijuana patients to grow their own marijuana if they obtain a state license. The bill is part of a trio of bills that seeks to establish a framework for medicinal marijuana use, cultivation and distribution. The specifics and exact structure of the new laws won’t be known until 2017, so Ventura and other cities have taken this interim step to maintain control.

Information from the Ventura Star


Kern:

An emergency ordinance disallowing more than 12 plants per parcel is in effect in Kern. Growing more than 12 plants per parcel in Kern county will be treated as a misdemeanor violation, with a possible 6 mos. or $1000 fine per plant, in addition to nuisance abatement costs.

San Bernardino:

County code 82.02.070 outlaws outdoor cultivation in unincorporated areas of San Bernardino. A lawsuit has been filed against the ordinance, based on CEQA. The case was denied, and is being appealed (10/13). Read more.

Los Angeles:

Orange:

Riverside:

San Diego:

Imperial:

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