San Luis Obisbo:
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, Mission, Outer State, Upper 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).
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
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.
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.