The Always Updated Guide to California Cannabis Regulations by County in 2018

 

Disclaimer: This list of county regulations and recent legislation is provided for informational purposes only. It’s not intended as a substitute for advice from a qualified attorney. The regulations in California’s municipalities are literally changing on a daily basis, so this publication takes no responsibility for outdated information. All information should be verified. Additionally, this isn’t a comprehensive list of all legislation in California. This is only a broad overview of county legislation and only limited city information is included. All readers are urged to contact their local government to obtain their most recent local regulations. Those who are planning on opening commercial businesses, medical collectives or conducting personal cultivation are strongly advised to seek the direction of a qualified attorney.

 

Confused about where to find your local cannabis regulations? You’re not alone. Figuring out where legislation will land in California’s 58 counties and 482 municipalities is likely going to take all year.

 

This article is a start to the effort and will be updated as legislation continues to develop and city regulations are added. If you have links to local regulations that you can provide or corrections to suggest, your input will be greatly appreciated.

 

You can email suggestions and corrections to debbie@getnugg.com. I thank you ahead of time for your input.

 

Learn About California’s Local Ordinances

(Click any of the section titles below to jump right to a county or municipality)

Alameda County

Alpine County

Amador County

Butte County

Calaveras County

Colusa County

Contra Costa County

Del Norte County

El Dorado County

Fresno County

Glenn County

Humboldt County

Imperial County

Inyo County

Kern County

Kings County

Lake County

Lassen County

Los Angeles County

Madera County

Marin County

Mariposa County

Mendocino County

Merced County

Modoc County

Mono County

Monterey County

Napa County

Nevada County

Orange County

Placer County

Plumas County

Riverside County

Sacramento County

San Benito County

San Bernardino County

San Diego County

San Francisco County

San Joaquin County

San Luis Obispo County

San Mateo County

Santa Barbara County

Santa Clara County

Santa Cruz County

Shasta County

Sierra County

Siskiyou County

Solano County

Sonoma County

Stanisislaus County

Sutter County

Tehama County

Trinity County

Tulare County

Tuolumne County

Ventura County

Yolo County

Yuba County

Further Reading

 

Alameda County

 

Can I Purchase Cannabis from a Dispensary?

Alameda County is not allowing recreational dispensaries yet. However, they’ve decided to continue allowing medical cannabis dispensaries. In fact, they’re increasing the number from three to five, so soon there’ll be two more to choose from. MMJ dispensaries will be required to monitor sales so that no patient or caregiver can purchase more than eight ounces of cannabis in a one month period.

 

Oakland is moving full steam ahead with recreational cannabis businesses, with Harborside hoping to sell the first legal recreational marijuana in the state.

 

Can I Get Delivery?

Currently, Alameda County only allows medical marijuana delivery; delivery permits will be issued only to dispensaries with physical locations in the county. Dispensaries will only be allowed to deliver to licensed caregivers and medical marijuana patients, so it’s a good idea to hang on to your MMJ rec a little longer.

 

What Are the Rules for Growing My Own?

The county is creating a pilot program for commercial medical marijuana cultivation. The ordinance in control of the program doesn’t cover recreational growing or the medical growing in a 100 square feet allowed under state law.

 

The county will be starting this pilot program to “test the waters” for allowing more cultivation. They’ll be issuing two cultivation licenses to current license holders and four more to the general public. The contact for the program is Liz McElligott, who you can email her here

 

These ordinances are still being developed and not entirely clear yet, so when in doubt, give them a call and ask.

 

County Contacts

Community Development Agency

224 W. Winton Avenue, Room 110

Hayward, CA 94544

Phone: (510) 670-5333

Fax: (510) 670-6374

 

Planning Department

224 W. Winton, Room 111

Hayward, CA 94544

Phone: (510) 670-5400

Fax: (510) 785-8793

 

Berkeley

 

Can I Purchase from a Dispensary?

Yes, you can buy both adult use and medical cannabis at Berkeley dispensaries.

 

Can I Get Delivery?

Delivery isn’t allowed yet.

 

What Are the Rules for Growing My Own?

Berkeley has comparatively permissive rules for personal and even collective cultivation. You can grow your own six plants either indoors or outdoors. You can cultivate up to 200 square feet collectively, or if your residence/facility is less than 800 square feet, up to 25% of your total residence/facility size. If your outdoor cultivation area is visible to the general public, you’re limited to 10 plants or less.

 

County Contacts

Secretary: Elizabeth Greene

Planning & Development

(510) 981-7484

EGreene@CityofBerkeley.info

Mailing Address: Cannabis Commission

Elizabeth Greene, Secretary

1947 Center St., 2nd Floor

Berkeley, CA 94704

 

Taxes

Recreational cannabis is taxed at 10% (it might be 5% soon), while medical cannabis is still taxed at 2.5%. This puts total recreational taxes at 34.25% (15% excise, 10% local selling tax and 9.25% state sales tax). Medical tax will go up to 17.5% (15% excise and 2.5% local selling). The other taxes are different for each part of the business and vary by size. You can see the tax breakdown here.

 

Oakland 

 

Can I Purchase from a Dispensary or Delivery?

You can purchase both adult use and medical cannabis from dispensaries and delivery services.

 

What Are the Rules for Growing My Own?

Adult use cultivation is restricted to indoor only and limited to six plants..

 

Indoor cultivation for medical collective use of up to three patients per residence is also allowed with certain restrictions (total collective cultivation area is limited to 250 square feet). All patients are required to have a city-approved MMID, and certain building and safety requirements must be met. 

 

You can read the rest of Oakland’s non-licensed medical and adult use cultivation requirements here.

 

City Contacts

Cannabis Regulatory Commission

Greg Minor

One Frank Ogawa Plaza, 11th Floor

(510) 238-6370

GMinor@oaklandnet.com

 

Taxes

Oakland imposes a 5% tax on medical sales, so the total will be 20% (15% excise, plus 5% local). A 10% tax on adult use sales will make the retail total 34.25% (15% excise, 10% local and 9.25% state sales.) They also impose tax on other cannabis businesses, so products produced in the Oakland area will go up in price.

 

Alpine County

 

Section 7.04.030, prohibited activities, states:

 

Commercial marijuana cultivation, marijuana processing and marijuana dispensaries shall be prohibited activities in the county, except where the county is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of marijuana cultivation, marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the county, and no person shall otherwise establish or conduct such activities in the county, except where the county is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought. (Ord. 716 § 2 (part), 2016)

 

Can I Purchase Cannabis from a Dispensary?

No. The county banned commercial cannabis activity as soon as the passage of 2015’s MMRSA allowed for it, and they show no signs of letting up.

 

Can I Get Delivery?

Definitely not. Delivery used to be an effective workaround for counties where dispensaries are banned. However, Prop 64 allows for the banning of local deliveries.

 

What Are the Rules for Growing My Own?

The county has not yet updated its ordinances to reflect the changes in state law, but recreational cultivation appears to be indoor only.

 

County Contacts

Community Development

50 Diamond Valley Road

Markleeville, CA 96120

Phone: (530) 694-2140

Fax: (530) 694-2149

 

Amador County

 

Can I Purchase Cannabis from a Dispensary?

Dispensaries are banned in Amador County.

 

Can I Get Delivery?

Delivery isn’t mentioned in their code of ordinances at all. It’s simply banned under the blanket term, “marijuana cultivation and related activities.”

 

What Are the Rules for Growing My Own?

Cultivation is banned both indoors and outside, though a qualified patient or caregiver is exempt. Furthermore, caregivers are limited to no more than 12 plants, no matter the number of qualified patients they care for.

 

They do allow medical patients to use outdoor cultivation, as long as the site is at least 50 feet away from the nearest property line. The plot must also be at least 100 feet away from the nearest dwelling structure and not publicly visible. You can read the specific cultivation rules here.

 

County Contacts

Planning Department

810 Court Street

Jackson, CA 95642

(209) 223-6380

 

Butte County

 

In the case of commercial marijuana activity, Butte kicked the can down the road until May 18, 2018. Supervisor Larry Wahl pushed hard for an outright ban of everything except for deliveries. The rest of the board decided they should consider other options.

 

After hearing compelling arguments that included relief from opioid addiction and the need for tax income, Supervisors Kirk and Connelly spoke in favor of continuing the discussion. The board will bring the options up again in May after “seeing what the state and other counties decided to do.”

 

Can I Purchase Cannabis from a Dispensary?

No. At the moment, Butte doesn’t allow any dispensaries.

 

Can I Get Delivery?

Both recreational and medical deliveries are legal in Butte County, but recreational marijuana deliveries will likely originate from outside of the unincorporated county area since all other adult-use licenses are prohibited in the county.

 

What Are the Rules for Growing My Own?

On small parcels, you‘re only allowed to grow on 50 square feet. If your parcel is less than half an acre, the grow must be inside a building no larger than 120 square feet. It must be on the same property as, but separate from, the primary residence. There are other requirements listed in the code.

 

All grows on land over half an acre may be outdoors, so long as they’re shielded from public view. The largest cultivation area allowed is 150 square feet, and any growth over 50 square feet requires two or more recommendations. You can read more about cultivation requirements here.

 

County Contacts

Development Services

Phone: (530) 538-7601

Fax: (530) 538-7785

 

Appointments

Building: (530) 538-7601

Planning: (530) 538-5359

Code Enforcement: (530) 538-6000

 

Activist Organizations

 

Calaveras County

 

Calaveras County chose to ban all commercial cannabis activity with the exception of medical dispensaries on January 10, 2018. 

 

Can I Purchase Cannabis from a Dispensary?

Medical dispensaries are currently allowed in very limited amounts.

 

What Are the Rules for Cultivating My Own?

All cultivation is now limited to six plants, no matter whether for medical use or recreational use, and must be indoor. You can read more about the new cultivation rules here. They are much more restrictive than they used to be, so it is a very good idea to become familiar with them.

 

County Contacts

 

Activist Organizations

 

Colusa County

 

Colusa County is under a complete ban of all cannabis activity that can legally be banned. This means that residents are limited to the state maximum of six plants, and there will be no dispensaries or deliveries allowed.

 

What Are the Rules for Growing My Own?

The county has extremely strict and expensive rules for personal cultivation. All cultivation must be indoors in an accessory structure on the cultivator’s permanent residence. The cultivator must have electrical and plumbing permits, even if it is under 120 square feet.

 

Additionally, the county reserves the right to require anything else they deem necessary and inspect the structure before cultivation may begin. You can read the specific cultivation rules here.

 

County Contacts

Planning Department

220 12th St.

Colusa, CA  95932

Phone: (530) 458-0480

Fax: (530) 458-0482

 

Contra Costa County

 

Contra Costa’s has a total ban on all commercial cannabis activity, whether medical or adult use, and any outdoor growing.

 

What Are the Rules for Growing My Own?

Six plants or less may be grown inside only a private residence or an accessory structure to a private residence so long as it’s properly permitted for all electrical, plumbing and any other required permits.

 

County Contacts

Ruben Hernandez, Current Planning Principal Planner

30 Muir Road

Martinez, CA 94553

Phone: (925) 674-7785

Fax: (925) 674-7258

 

County Activist Organizations

 

Del Norte County

 

Del Norte County has enacted a temporary ban on commercial cannabis activity intended to maintain their status quo until they can “come up with something better.” They actually had some of the most reasonable explanations for their decision, citing uncontrolled real estate speculation as their main concern.

 

It’s true that other counties are seeing sudden rises in property prices in those considering more permissive ordinances. The ban will be revisited early in 2018, with local activists optimistic that an ordinance with commercial rights will eventually be adopted.

 

Can I Purchase Cannabis from a Dispensary or Delivery?

There may be a dispensary that still operates under Prop 215 rules, but any dispensaries would be operating in a very nebulous gray area. Since the code is very vague regarding activity allowed under Prop 215, some may consider challenging the commercial framework.

 

What Are the Rules for Growing My Own?

The county code doesn’t currently specify whether personal grows can be conducted indoors or outdoors.

 

County Contacts

Community Development Department

981 H Street, Suite 110

Crescent City, CA 95531

Phone: (707) 464-7254

Fax: (707) 465-0340

 

El Dorado County

 

El Dorado County adopted a temporary ban of all commercial cannabis activity while they consider establishing commercial activity rules. To this effect, they’ve established the Cannabis Advisory Committee.

 

Can I Purchase Cannabis from a Dispensary or Get Delivery?

According to the Mountain Democrat, “The ban does not impact medical cannabis dispensaries ability to operate as previously permitted under county Ordinance 4999; however, it does affect local growers who provide products to those dispensaries.” So, you’ll still have some access to cannabis with your MMID for a while.

 

What Are the Rules for Growing My Own?

El Dorado County still operates under a nuisance ordinance for medical cultivation. They allow up to 200 square feet of medical cultivation in certain residential zones and up to 600 square feet in agriculturally zoned areas. Outdoor grows of up to six plants don’t seem to be prohibited at the moment; but check with your planning department to ensure compliance since the rules are anticipated to change. 

 

County Contacts

 

Fresno County

 

Fresno County has a decidedly hostile attitude toward medical cannabis, and it hasn’t gotten much better with the passage of Prop 64.

 

Can I Purchase Cannabis from a Dispensary or Get Delivery?

Dispensaries are explicitly banned in Fresno County. Dispensaries may still operate under Prop 215 rules, but enforcement is particularly harsh. Fresno city decided to allow state licensed medical cannabis businesses on Dec. 16.

 

What Are the Rules for Growing My Own?

You’re limited to the maximum six allowed by state law indoors only. The City of Fresno was considering limiting indoor medical marijuana cultivation further by establishing a definite cap on the state allowed six plants and wattage limits for indoor growers. However, this ordinance didn’t pass and the city council is currently back at the drawing board.

 

The county has openly pushed for bans like this in its cities, and many are choosing to ban up to the extent allowable by law along with the county. We were unable to find specific ordinances dictating limitations of building structures or codes for indoor cultivation–only language for an outright ban.

 

County Contacts

 

County Activists

 

Glenn County

 

All commercial cannabis activity is banned in Glenn County, including dispensaries and deliveries.

 

What Are the Rules for Growing My Own?

Residents are allowed only to grow the state-allowed maximum of six plants indoors in a structure that complies with all building codes and required permits.

 

County Contacts

Planning Department

777 N. Colusa Street

Willows, CA 95988

Phone: (530) 934-6540

Fax: (530) 934-6533

planning@countyofglenn.net

 

Humboldt County

 

Humboldt County allows all commercial cannabis activity. In order to meet the state’s deadline for permitting applications and to help cannabusinesses stay competitive, they’re issuing temporary permits. There’ll be about 725 temporary permits issued for both recreational and medical facilities.

 

Since they lead the legalization charge, they also get the honor of being the guinea pig for the registration process. But they’ve been having a bit of a struggle.

 

Can I Purchase Cannabis from a Dispensary?

Some of the first state-licensed businesses will open in Humboldt county, so finding a nearby dispensary should be fairly easy.

 

Can I Get Delivery?

Absolutely.

 

What Are the Rules for Growing My Own?

The county has specific, fairly permissive rules for outdoor personal grows depending on parcel size and location, so look up the rules for your property here.

 

County Contacts

 

County Activist Organizations

 

Imperial County

 

Imperial County doesn’t address cannabis activities in their code–yet. They’ve held workshops to consider legislation but haven’t taken decisive action. The city of Calexico voted to move forward with commercialization, so activities there should open up very soon.

 

County Contacts

 

Inyo County

 

The Board voted on January 16, 2018 to adopt three ordinances that will allow and regulate commercial cannabis activities. They are effective on February 16, 2018.

 

County Contacts

Michael Draper, Associate Planner: Inyo County Planning Department

(760) 878-0265

inyoplanning@inyocounty.us

 

County Activist Organizations

 

Kern County

 

In October, Kern County voted to ban all commercial cannabis activity, including cultivation. This ban applies to both recreational and commercial activity. The 28 legal MMJ dispensaries in the county will have up to a year to continue operating; they’ll even be issued temporary licenses to operate by the county and the state.

 

They can also apply for a short extension to recoup costs of their current investments, but they’ll eventually be forced to close their doors. As for the over 100 dispensaries operating without the county’s blessing, they’re counting on help from the state to shut them down.

 

Can I Purchase Cannabis from a Dispensary or Delivery?

For a limited time, you’ll still be able to access cannabis through the medical program, but don’t expect Kern County to play nice with the remaining facilities.

 

What Are the Rules for Growing My Own?

Outdoor growing is strictly forbidden. Patients and recreational users can grow up to their allowed six plants inside only.

 

County Contacts

Shawn Beyeler

Supervising Planner

BeyelerS@kerncounty.com

 

Suzanne Hansen

Planner

HansenS@kerncounty.com

 

County Activist Organizations

 

Bakersfield

 

Bakersfield has enacted a total ban on commercial activity, but there is a ballot initiative to allow commercial activity qualified for the November, 2018 election.

 

Can I Purchase from a Dispensary?

Commercial adult use and medical dispensaries are banned.

 

Can I Get Delivery?

No, commercial adult use and medical delivery is banned.

 

What Are the Rules for Growing My Own?

Bakersfield does not show any specific rules for personal cultivation on their website or municipal code, but they are not allowed to completely ban cultivation per state law. It’s best to contact the city before beginning any personal cultivation to clarify the rules.

 

City Contacts

City of Bakersfield

1600 Truxtun Avenue

Bakersfield, CA 93301

(661) 326-3000 (CA Relay Service 711)

 

Local Activist Groups

Kern Citizens for Patients Rights

 

Kings County

 

Kings County makes it explicitly clear that they’re banning every single use of cannabis to the full extent allowed by law. They even go to the point of confining smoking only to:

 

“a fully enclosed area of a private residence with the knowledge and consent of the person legally in possession thereof, and in a manner that is not in plain view from outside the residence, with no one present who is under the age of 21 or otherwise who does not consent to the smoking, ingesting, or consumption…”

 

Of course, they fail to make exceptions for a person under 21 who possesses an MMID. Hanford will allow cannabis business cultivation, but dispensaries are still outlawed.

 

Can I Purchase Cannabis from a Dispensary or Get Delivery?

Both dispensaries and delivery are explicitly outlawed in Kings County.

 

What Are the Rules for Growing My Own?

Growing area for cultivation is limited to a ridiculously small 32 feet, no matter how many people are cultivating at the residence, and is limited to a single area. Cultivation must be indoors, in a secure area, inside a primary residence or a detached building at the primary residence.

 

County Contacts

 

Lake County

 

Lake County is currently in the process of developing an ordinance to allow medical cultivation and collectives. However, the ordinance hasn’t been fully implemented. At the moment, the county only allows certifications which permit the state licensing process to continue while they assess the impact of recent laws.

 

Can I Purchase Cannabis from a Dispensary?

You can still purchase medical cannabis from a dispensary, but not recreational.

 

Can I Get Delivery?

You’ll still be able to get medical delivery in the county.

 

What Are the Rules for Growing My Own?

Don’t expect to grow outdoors in the Community Growth Boundaries or in residential areas on parcels less than an acre. Residents can grow up to six mature plants or 12 immature plants, but only on property where the grower or a qualified patient (for collective use) resides. You can read the current ordinance here, but expect it to change soon when the county fully enacts their commercial ordinance.

 

County Contacts

Code Enforcement

Robert Massarelli, Director

255 N. Forbes Street

Third Floor, Rm 323

Lakeport, CA 95453

Phone: (707) 263-2309

Fax: (707) 263-2225

 

County Activist Organizations

 

Lassen County

 

Can I Purchase Cannabis from a Dispensary or Delivery Service?

Both commercial and non-commercial services are forbidden in Lassen County, with the exception of recreational and non-commercial medical cultivation.

 

What Are the Rules for Growing My Own?

Recreational cultivation is limited to six plants and must be grown indoors in an area that isn’t accessible to minors.

 

However, the county does allow cultivation of medical marijuana cannabis outdoors. Qualified patients and their caregivers are limited to a 250 square foot area and cultivation cannot be within 1,000 feet of the typical sensitive use areas. Outdoor medical cultivation is also limited to parcels larger than one acre. You can read more about their cultivation rules here.

 

County Contacts

Planning Department

707 Nevada St Ste 5,

Susanville, CA 96130

Phone: (530) 251-8269

 

Los Angeles County

 

Los Angeles County’s Office of Cannabis Management is planning on allowing commercial cannabis activity, but it’s going to take a while to develop regulations.

 

Can I Purchase Cannabis from a Dispensary or Get Delivery?

Los Angeles County currently bans all medical and non-medical cannabis businesses. The ban won’t be lifted until their comprehensive regulation framework is adopted. You can read answers to FAQs here at their Office of Cannabis Management website.

 

L.A. city has approved three new ordinances approving commercial regulations, but will not have any legal establishments available on January 2nd. This is because the ordinance was just approved on December 6th, and the city is scrambling to implement regulations.

 

Expect commercially available cannabis very soon as the city currently braces itself for a bevy of applications for legal commercial establishments.

 

What Are the Rules for Growing My Own?

Residents can grow indoors or outdoors at single-family residences. No more than six plants are allowed, whether for personal or medical cultivation. Additionally:

 

  • No outdoor cultivation is permitted within 600 feet of a library, park, school, daycare center or youth center.
  • Outdoor cultivation is not permitted within a front yard, or within 10 feet of any property line.
  • Cultivation areas must be surrounded by an opaque fence or wall at least six feet high.
  • Plants may not exceed six feet in height.

 

You can learn more about personal cultivation rules here.

 

County Contacts

 

County Activist Organizations

 

Long Beach

 

Currently Long Beach only allows commercial medical marijuana, not adult use. They offer limited medical dispensary and delivery licenses, and unlimited licenses for all other medical marijuana businesses. This includes manufacturing, cultivation, laboratories and distribution. The city made a fact sheet to help local residents understand their licensing process and new laws.

 

Can I Purchase from a Dispensary?

The city must allow no less than 27 dispensaries and no more than 35, so you’ll have plenty of dispensaries to choose from.

 

Can I Get Delivery?

Yes, medical deliveries are allowed.

 

What Are the Rules for Growing My Own?

Adults 21 and over can grow up to six plants per person inside their residence. They can grow up to 12 plants if two people live there, but no more no matter how many adults live there. They also have very strict rules to ensure that the plants are kept in a locked, enclosed area away from anyone under 21.

 

City Contacts

Medical Marijuana Information Hotline

(562) 570-5150

marijuanalicense@longbeach.gov

 

Taxes

All sales will be subject to a 15% excise tax and the 6% local tax. Since all sales are medical, there will be no state sales tax applied, so the total will be 21%.  All medical cannabis products that are manufactured, cultivated, transported or distributed in the city are subject to an additional 6% local tax based on gross receipts.

 

City of Los Angeles

 

Can I Purchase from a Dispensary?

Yes, both adult use and medical.

 

Can I Get Delivery?

You can now. The new ordinances allow for both medical and adult use delivery once the proper state licenses are obtained.

 

What Are the Rules for Growing My Own?

The Office of Cannabis Regulation has been contacted in an attempt to obtain the regulations for personal recreational and medical cultivation. They didn’t have an immediate answer, so it’s best to call or email their office and observe all state rules.

 

City Contacts

Department of Cannabis Regulation

221 N. Figueroa St, Suite 1245

Los Angeles, CA 90012

(213) 978-0738

cannabis@lacity.org

 

Taxes

Adult use cannabis sales are taxed at 10% and medical cannabis sales are taxed at 5%. This puts total adult use taxes at 34.5% (15% excise, 10% local selling, and 9.5% state sales). Medical taxes will total 20% (15% excise and 5% local selling tax).

 

Santa Monica 

 

Santa Monica will allow a very small number of medical dispensaries, but adult use is out. They’re also allowing for light manufacturing.

 

Can I Purchase from a Dispensary?

You can purchase medical only.

 

Can I Get Delivery?

Yes, but medical only.

 

What Are the Rules for Growing My Own?

They haven’t established specific cultivation rules yet, so it’s best to call the city and ask before beginning either medical or recreational grows.

 

City Contacts

City Hall

1685 Main St.

Santa Monica, CA 90401

(310) 458-8411

 

Taxes

Taxes haven’t been established, though expect an ordinance soon.

 

Madera County

 

Madera County is among the many that choose to prohibit commercial cannabis. Their recent proposed ordinance update in November is continuing the ban.

 

Can I Purchase Cannabis from a Dispensary or Delivery Service?

Both recreational and medical commercial cannabis businesses are prohibited, although the county’s ordinance does allow medical collectives compliant with SB420 rules.

 

What Are the Rules for Growing My Own?

Cultivation must be indoors either in a room in the house that’s no larger than 120 square feet, or in an area no larger than 120 square feet in a separate building. There’s no growing in commercial or industrial zones, and the cultivation location must be where the grower or provider resides.

 

The county also prohibits cultivation within 2,000 feet of a church, school or other public building. You can read more about the cultivation rules here.

 

County Contacts

Planning Department

200 W. 4th St. Suite 3100

Madera, CA 93637

Phone: (559) 675-7821

Fax: (559) 675-6573

 

Marin County

 

Marin County bans any cannabis business that would require a state license under the AUMA, except for medical delivery.

 

Can I Purchase Cannabis from a Dispensary or Delivery Service?

Marin County allows collectives as required, but they’re limited to non-commercial collectives. The county just passed an ordinance approving up to four commercial medical delivery-only services as well. These facilities are unlikely to be licensed by the first of the year, but they should be licensed fairly soon.

 

What Are the Rules for Growing My Own?

It’s hard to find specifics related to personal cannabis cultivation, but the county has been supportive of medical use and cultivation. It’s best to call and see where they stand on outdoor cultivation at the moment since they’ve just adopted their delivery-only ordinance. And it’s a bad idea to grow GMO cannabis because it’s banned.

 

County Contacts

 

County Activist Organizations

 

Mariposa County

 

Mariposa County prohibits any commercial cannabis activity, including medical, which would require a license under state law. Non-commercial collectives and delivery services operating under the Compassionate Use Act are still allowed.

 

What Are the Rules for Growing My Own?

Mariposa County allows you to grow your six state-allowed plants for recreational use either indoors or outside, so long as the area isn’t publicly visible.

 

They also have a fairly permissive policy compared to other counties for outdoor medical cultivation under the Compassionate Use Act. Up to 24 plants can be grown on a single parcel outdoors if two patients reside there. They even allow setback waivers if existing setbacks would pose a hardship for patients. There are some additional limits which you can read about here.

 

County Contacts

Planning Department

5100 Bullion St # 1

Mariposa, CA 95338

(209) 966-5151

 

Mendocino County

 

Mendocino County is now accepting applications for cannabis business licenses, and will be allowing all commercial activity, so it shouldn’t be hard to find cannabis via dispensary or delivery.

 

The state is just now handing out temporary permits, so it may take a while for some facilities to open. In the meantime, they’re very accommodating to the licensing process and have even opened an information hotline at 1-844-421-9333 (WEED) and an informational YouTube channel.

 

What Are the Rules for Growing My Own?

You’re allowed to cultivate your six plants for personal use outside. Patients and primary caregivers don’t need to obtain a cultivation permit as long as they register with the agricultural commissioner yearly.

 

A patient cultivation site is limited to 100 square feet per patient, with a maximum of two patients per caregiver. You can read about the additional restrictions for personal cultivation here and medical cultivation here.

 

County Contacts

 

Merced County

 

Merced County has just passed a new ordinance banning all commercial cannabis activity; however, the city of Merced itself allows all commercial activity. Their ordinance will become effective on Jan. 3, 2018.

 

Can I Purchase Cannabis from a Dispensary?

Dispensaries are banned.

 

Can I Get Delivery?

Merced county is allowing delivery of medical cannabis so long as the delivery service is state licensed outside of the county and registers with the sheriff first.

 

What Are the Rules for Growing My Own?

Merced county used to allow cultivation outdoors, but recently moved all cultivation indoors and limited personal medical grows to six plants. They rescinded outdoor growing at the urging of their sheriff, citing concerns over increased criminal activity.

 

There are additional restrictions on personal cultivation you should read about here before beginning grow. Personal medical grows have been severely restricted from their previous ordinance.

 

County Contacts

Planning Department

2222 M St.

Merced, CA 95340

(209) 385-7654

 

Modoc County

 

Modoc county bans all cannabis activity to the fullest extent of the law.

 

What Are the Rules for Growing My Own?

Medical cultivation is still limited to 12 plants total per patient for two patients maximum at the residence of the primary caregiver or the primary patient. Cultivation may be done indoors, but only in an accessory structure. You can read more about cultivation restrictions here. The county has not yet clarified cultivation rules for personal recreational grows.

 

County Contacts

Planning Department

203 W 4th St.

Alturas, CA 96101

(530) 233-6406

 

Mono County

 

Mono County currently has a moratorium on commercial activity, but their eventual intent is to probably allow it. Mammoth Lake only allows medical marijuana cooperatives currently, but they are exploring the possibility of allowing commercial activity as well.

 

Can I Purchase Cannabis from a Dispensary or Delivery Service?

You can still participate in medical marijuana collectives and receive delivery as a medical patient. You won’t have access to recreational until they lift their moratorium. The county board has until December 2018 to make a decision.

 

What Are the Rules for Growing My Own?

Outdoor cultivation is still prohibited, but you can grow your six plants indoors. Expect the rules to change soon as Mono develops their regulations in response to new state laws and community input.

 

County Contacts

Planning Division

Mammoth Lakes Office

437 Old Mammoth Road, Ste 220 (formerly Ste P)

P.O. Box 347

Mammoth Lakes, CA 93546

Phone: (760) 924-1800

Fax: (760) 924-1801

 

​Bridgeport Office

Annex 1

​74 N. School St.

PO Box 8

Bridgeport, CA 93517

Phone: (760) 932-542

Fax: (760) 932-5431

 

County Activist Organizations

 

Monterey County

 

Can I Purchase Cannabis from a Dispensary?

The county allows commercial medical dispensaries and compassionate collectives only, but will probably allow adult use in the near future. Meanwhile, Monterey Bay Alternative Medicine in Del Rey Oaks will be open for recreational sales come January.

 

Can I Get Delivery?

Commercial medical cannabis delivery and compassionate medical cannabis delivery is allowed.

 

What Are the Rules for Growing My Own?

Cultivation for personal use is limited to six plants and 100 square feet. Personal and medical cultivation also requires a free permit from the county which shows:

 

  • Contact information (day phone and night phone, email, and mailing address).
  • Proof you’re 18 or older.
  • A map showing the location, size, and setback from property lines of the cultivation on the property including the Assessor’s Parcel Number.
  • Evidence that you own the property or have permission to grow there.

 

The annual permit is free so long as there are no changes or violations. These regulations could change soon, so you should check with the county before you start.

 

County Contacts

 

County Activist Organizations

 

Napa County

 

Napa County hasn’t decided where they’ll fall on cannabis regulations. They’ve been holding a series of roundtables on the subject, but it’ll be well into next year before they even pass an ordinance covering personal cultivation.

 

The county has a temporary moratorium banning all commercial cannabis activity while they continue to discuss the issue. Learn more about existing personal medical marijuana cultivation rules here.

 

Napa city just passed ordinance to allow outdoor personal cultivation and commercial sales, but commercial cultivation, warehousing and testing will still be prohibited uses. The ordinance won’t become effective until 30 days after it has passed its second vote in early January, 2018.

 

County Contacts

Planning Division

1195 Third Street 2nd Floor

Napa, CA 94559

Phone: (707) 253-4417

Fax: (707) 253-4545

 

Nevada County

 

Can I Purchase Cannabis from a Dispensary or Delivery Service?

Nevada County just released a draft marijuana ordinance in mid-December that would allow dispensaries and delivery services. They’ll be addressing the issue early in 2018. In the meantime, dispensaries are banned in the county but Nevada City has decided to allow one medical dispensary with options for more.

 

What Are the Rules for Growing My Own?

Nevada County’s code only allows indoor cultivation of personal recreational cannabis, and growers are limited to six plants. Stipulations include:

 

  • The six plant limit applies to each private residence, no matter how many cultivators live there.
  • Cultivation can take place inside a house, but the area must not be accessible to children.
  • If setback limits for medical cultivation in the same area would prohibit cultivation, the grower will be exempt. Otherwise, they’re required to try to adhere to the same setbacks as medical cultivation.
  • The six recreational plants cannot be added to medical plant totals.  

 

You can read the rest of the current rules here.

 

County Contacts

Planning Department

950 Maidu Ave.

Nevada City, CA 95959

(530) 265-1222

 

County Activist Organizations

 

Orange County

 

In a pretty predictable move, Orange County voted to ban commercial cannabis activity in November. The county seat of Santa Ana, however, is allowing 30 recreational shops. Most other cities in Orange County have chosen to ban as well, with the exception of Costa Mesa, which has approved research, testing, processing and manufacturing in certain areas.

 

The county hasn’t solidified the rules for personal cultivation yet, but is planning on banning outdoor personal cultivation. You can read their proposed ordinance here.  

 

County Contacts

 

County Activist Organizations

 

Anaheim

 

The city of Anaheim has a complete ban on all commercial cannabis activity.

 

Can I Purchase from a Dispensary? Can I get Delivery?

Both dispensaries and delivery services are expressly prohibited in Anaheim.

 

What Are the Rules for Growing My Own?

Anaheim’s code bans all marijuana cultivation to the fullest extent of the law, including all outdoor cultivation. The city does not have guidelines established for the indoor cultivation of the state-allowed six recreational cannabis plants. Therefore, state guidelines should be sufficient for personal cultivation, but check with the city first.

 

City Contacts

City Clerk

200 South Anaheim Blvd, Second Floor

Anaheim, CA 92805

(714) 765-5166

 

Huntington Beach  

 

Huntington Beach is so strict in their cannabis prohibition that they even attempt to prohibit operation of Prop 215 compliant collectives with their ban ordinance.

 

Can I Purchase from a Dispensary?

No.

 

Can I Get Delivery?

Nope.

 

What Are the Rules for Growing My Own?

The city has very clear cut rules for non-medical indoor cultivation in this document. Outdoor cultivation is strictly prohibited.

 

City Contacts

2000 Main Street

Huntington Beach, CA 92648

(714) 536-5511

 

Irvine  

 

Irvine bans all commercial cannabis activity, except testing. That will be finally approved by the council in February.

 

Can I Purchase from a Dispensary?

Unfortunately not.

 

Can I Get Delivery?

No.

 

What Are the Rules for Growing My Own?

Irvine simply refers to state law so far.

 

City Contacts

manderson@cityofirvine.org

 

Santa Ana

 

Santa Ana was the first city in Orange county to allow commercial medical cannabis dispensaries. However, they don’t allow cultivation, manufacturing, processing, testing, distribution, or microbusinesses. A new ordinance must be proposed by the city council or the people through a ballot initiative before these other cannabis activities will be allowed.

 

Can I Purchase from a Dispensary?

Yes. Santa Ana adopted a new ordinance allowing the 30 existing medical dispensaries to sell adult-use as well.

 

Can I Get Delivery?

Delivery was expressly banned under Ordinance 2889. Yet this ordinance was outdated and changed in December, 2017. Now, any of the existing allowed 30 cannabis dispensaries are allowed to deliver as well.

 

What Are the Rules for Growing My Own?

“Six plants per private residence may be cultivated indoors within a legally permitted structure for personal use in compliance with all applicable local and State regulations.”

 

City Contacts

Commercial Cannabis Portal

CannabisCollectives@Santa-Ana.org

http://www.ci.santa-ana.ca.us/cannabiscollectives/default.asp

 

Taxes

With the adoption of the new adult use ordinance, the city raised the tax on all cannabis sold from 5% to 6%. Measure BB allows the council to establish tax rates as high as 10%.

 

Currently, the tax rate for adult use should be 28.75% (15% excise, 7.75% state sales and 6% local selling tax) while the tax rate for medical should be 21% (15% excise tax and 6% local selling tax.)

 

Placer County

 

Placer County doesn’t look like it’ll be allowing commercial cannabis activities any time soon. At the moment, all commercial cannabis activity is banned.

 

Can I Purchase Cannabis from a Dispensary?

Placer County doesn’t allow dispensaries, but the city of Colfax has voted to allow their sole medical marijuana dispensary to re-open just a few days ago.

 

Can I Get Delivery?

Commercial recreational activity and medical delivery are specifically  prohibited. Primary caregivers are permitted to deliver medical cannabis to their own qualified patients only.

 

What Are the Rules for Growing My Own?

“A maximum of six plants on no more than fifty (50) square feet in total is allowed for outdoor cultivation of non-medical cannabis per parcel with a private residence.”

 

Basically, the code applies the same setbacks and cultivation size limitations to recreational cannabis as it does to medical use. You can read about the rest of the cultivation limitations here.

 

County Contacts

Planning Department

3091 County Center Dr # 140

Auburn, CA 95603

(530) 745-3000

 

Plumas County

 

Plumas County is still working on its draft ordinance to regulate commercial cannabis activity, personal cannabis cultivation and medical cultivation. Meanwhile, the county’s still under a moratorium.

 

Medical cultivation of up to 100 square feet is still permitted, and up to 500 square feet for patient caregivers (up to five patients). This ordinance has already been renewed and is temporary, so expect a change in the rules in 2018. You can read the full moratorium here.

 

County Contacts

 

Riverside County

 

Riverside County has five cities that allow and regulate cannabis activity, but they chose to continue their moratorium in March, 2017. Exceptions are made for patients and caregivers, and all Californians are allowed to grow six plants indoors.

 

What Are the Rules for Growing My Own?

Riverside County still allows indoor or outdoor cultivation of 12 plants per qualified patients, with cultivation for up to two patients per residence. Personal cultivation of six plants needs to be either indoors or in a fully enclosed, locked area.

 

You can read a summary of the rules here and ordinance 925, which still governs personal medical cultivation here. Commercial cultivation and all other commercial activity is banned per Ordinance 348 (page 37) for now.

 

County Contacts

Riverside Office

Riverside Co. Planning Department

4080 Lemon Street

P.O. Box 1409

Riverside, CA 92502-1409

(951) 955-3200

 

Palm Desert Office

Riverside Co. Planning Department

77588 El Duna Ct, Suite H

Palm Desert, CA 92211

(760) 863-8277

 

County Activist Organizations

 

Moreno Valley

 

For now, all commercial cannabis activity in Moreno Valley is banned. However, the city’s working on the development of regulations allowing the sales, cultivation, manufacturing and testing of marijuana. The city anticipates that prospective businesses will begin the application process in the spring.

 

What Are the Rules for Growing My Own?

All cultivation is to take place indoors, but the city has not established any severe restrictions on personal cultivation yet.

 

City Contacts

City Hall

14177 Frederick St.

Moreno Valley, CA 92553

(951) 413-3000

 

Taxes

A vote to establish local taxes is anticipated in November, 2018.

 

Palm Springs 

 

Can I Purchase from a Dispensary?

Yes, you may purchase both adult use and medical.

 

Can I Get Delivery?

Yes.

 

What Are the Rules for Growing My Own?

Palm Springs doesn’t have any listed restrictions for adult use cultivation so far, so it’s best to call the city before beginning.

 

City Contacts

City Hall

3200 E. Tahquitz Canyon Way

Palm Springs, CA 92262

(760) 323-8299

 

Taxes

All cannabis businesses are taxed at 10% of gross receipts.

 

Perris

 

The city of Perris voted 77% to lift the ban on commercial medical marijuana activity and approved a tax rate of 10%. The city council is due to conduct their second reading of an ordinance to allow commercial manufacturing and distribution on Jan. 30th. Cultivation and testing are already allowed, but fees haven’t been established. The city is due to vote on the tax rate for these activities in November.

 

Can I Purchase from a Dispensary?

So far, only medical commercial marijuana dispensaries are allowed in Perris. Green America became the first permitted medical marijuana dispensary in the Inland Empire last year, and the state has now issued four licenses to medical marijuana dispensaries in the city.

 

Can I Get Delivery?

Not yet, though dispensaries report that they’re actively pursuing this option so it’s only a matter of time.

 

What Are the Rules for Growing My Own?

The city doesn’t appear to have specific regulations for personal medical or adult use cultivation. It’s still concentrating on creating commercial regulations, so personal grows should simply refer to state law.

 

If Perris code enforcement suspects a property is used for commercial cultivation without a license, the info is sent to the Riverside County sheriff, who provides the city’s police enforcement.

 

City Contacts

Perris City Hall

101 N. D Street

Perris, CA 92570

(951) 943-6100

 

Taxes

Local tax in Perris is 10% on medical cannabis sales. This will make your total retail tax 25% (15% excise and 10% local. There is also a cultivation tax of $25 per square foot.

 

City of Riverside

 

Riverside currently permits testing laboratories for adult use and medical cannabis. All other commercial cannabis activities are banned until further review in September of this year.

 

Can I Purchase from a Dispensary or Get Delivery?

Both dispensaries and delivery services are currently prohibited in the City of Riverside.

 

What Are the Rules for Growing My Own?

Technically, the city is attempting to restrict personal cannabis cultivation to indoor-only in residential zones RR, RE and R1.

 

They’re still attempting to ban personal cultivation in residential zones RC (residential conservation), RA-5 (residential agricultural), and zones R-3 and R-4, which allow multiple family housing units. Expect these ordinances to change, so it’s best to check with the city for current rules.

 

City Contacts

Riverside City Hall

(951) 826-5991

 

Sacramento County

 

All commercial activity is still banned for now, but residents do have a unique cultivation bonus in Sacramento County. Before Prop 64 was passed, medical patients were allowed to cultivate up to 9 cannabis plants only indoors. The county has decided to keep this allowance for personal, non-medical cultivation as well.

 

You can take a look at Sacramento County’s most frequently asked questions regarding their cannabis ordinances here.

 

County Contacts

Planning Department

827 7th St.

Sacramento, CA 95814

(916) 874-6141

 

County Activist Organizations

 

City of Sacramento

 

Can I Purchase from a Dispensary?

Yes, the city allows both recreational and medical sales, totaling 30 dispensaries.

 

Can I Get Delivery?

Yes, though some cannabis businesses will be given delivery-only licenses.

 

What Are the Rules for Growing My Own?

The city used to allow up to 400 square feet of indoor medical cultivation per residence. Now that residents can grow cannabis for recreational purposes, Sacramento has eliminated this rule and will only allow six plants per household (indoor only, detached building or main residence). There must also be a ventilation and filtration system installed and approved by the building official before cultivation can begin.

 

City Contacts

Office of Cannabis Policy and Enforcement

(916) 808-8955

cannabis@cityofsacramento.org

Revenue Division (application intake and questions related to online permit portal)

Ranelle Kawasaki: (916) 808-1251

 

Taxes

There is a 4% gross receipts tax on all cannabis businesses in the city, including delivery and dispensary. On the dispensary and delivery side, total adult use tax will be 27.25% for adult use (15% excise, 4% local and 8.25% sales and use). Total tax with MMID will be 19%.

 

San Benito County

 

San Benito County is still battling over potential cannabis regulations. Among the most contentious ideas being fielded are a required registration and fee for personal cultivation. Others who currently cultivate for medical reasons outdoors are objecting to a proposed requirement for indoor cultivation only.

 

Can I Purchase Cannabis from a Dispensary or Delivery Service?

Medical dispensaries still operate in the county under the Compassionate Use Act, but there is talk of potential enforcement actions against these providers.

 

What Are the Rules for Growing My Own?

Residents are limited to six plants, even for medical use, no matter how many qualified patients live at the cultivation site. You can read the medical cultivation limitations here.

 

County Contacts

 

San Bernardino County

 

Adelanto may have created one of the state’s first serious commercial cannabis ordinances in Southern California, but the county itself is still banning it all.

 

What Are the Rules for Growing My Own?

All cultivation must be indoors at the residence of the patient or provider. Indoor medical grows are allowed up to 12 plants for one patient or a total of 24 plants for two patients.

 

County Contacts

 

San Diego County

 

San Diego County chose to ban any new medical marijuana collectives in the city that weren’t approved before April 14, 2017. The remaining facilities left open must close by 2022 if a new ordinance allowing activity has not been passed by then. The ban sparked a lawsuit by several businesses that have already invested millions of dollars to comply with the county’s previous regulations.

 

The San Diego City Council has decided to fully embrace legalization, allowing all types of commercial cannabis activity allowed by state law. The Council’s most recent vote to allow testing, manufacturing and cultivation for recreational use passed in September.

 

The city already has recreational businesses which have received state temporary licenses as well. So no matter what San Diego decides, you’ll have access to legal cannabis on Jan. 2, 2018, until they sell out. La Mesa and Lemon Grove are also allowing dispensaries.

 

What Are the Rules for Growing My Own?

San Diego County hasn’t clarified personal cultivation rules yet, but the City of San Diego limits personal cultivation to indoor only and no more than 64 square feet are allotted for six plants. CO2 is prohibited for cultivation or processing. You can read the city’s full ordinance here. Personal cultivation rules are on page 3.

 

County Contacts

Planning Department

5510 Overland Ave.

San Diego, CA 92123

(858) 694-2960

 

County Activist Organizations

 

San Francisco County

 

San Francisco voted on Dec. 5th, 2017 to finalize regulations allowing for recreational sales. The legislation wasn’t in time for the hoped-for Jan. 2 launch date, so San Francisco residents will have to wait until at least the 6th instead.

 

The ordinance is 101 pages long, so it would be difficult to summarize here. You can read it at this link.

 

The current medical cannabis ordinance is located here. Current personal medial grow canopies are limited to 24 plants in a 25 square feet (aggregate) canopy, so it’s likely that the personal cultivation of six personal plants would be subjected to a similar canopy limit.

 

County Contacts

 

County Activist Organizations

 

San Joaquin County

 

San Joaquin County still has a ban in force, but expects to have new regulations developed very soon as they overturned their ban on commercial cannabis in August. Meanwhile, County Counsel Mark Myles insists that any commercial cannabis activity conducted in the county is criminal.

 

Since the new regulations could be coming out at any time, it is advisable to double check with the county for new cultivation regulations first before beginning a personal grow.

 

County Contacts

Mark Myles: San Joaquin County Counsel

(209) 486-2980

jmyles@sjgov.org

 

Stockton

 

Stockton only allows commercial medical cannabis activities; adult use dispensaries are prohibited. The city is still in the process of developing its ordinances, so changes are expected soon.

 

Can I Purchase from a Dispensary?

Yes. Stockton currently has two state licensed medical cannabis dispensaries.

 

Can I Get Delivery?

Delivery of cannabis is expressly prohibited in the city.

 

What Are the Rules for Growing My Own?

Stockton hasn’t passed any personal cultivation regulations yet.

 

City Contacts

City Hall

425 N. El Dorado St.

Stockton, CA 95202

Phone: (209) 937-8459

Fax: (209) 937-8447

 

Taxes

Current tax rates are set at 5%. The city council sets the ordinance by resolution. With the 15% excise tax, this will make total taxes on the retail side 20%

 

San Luis Obispo County

 

The county passed a recent ordinance which faced a referendum effort as it requires one producer in the county to downsize their business by 90%. The referendum has been withdrawn, however, as the affected business will be given letters of compliance letting them apply for a state license.

 

Can I Purchase Cannabis from a Dispensary or Delivery?

Currently SLO only allows for medical delivery (Type 9 state license), and their new ordinance will maintain this status quo. Dispensaries may be allowed in certain zones with a land use permits. Cultivation, manufacturing, testing and other cannabis business licenses will be allowed in certain zones as well.

 

What Are the Rules for Growing My Own?

“Personal Cultivation. Six cannabis plants, grown indoors, per dwelling unit, for personal use, are exempt from obtaining a land use permit.  Six cannabis plants, grown indoors, per site, by a caregiver are exempt from obtaining a land use permit. Caregivers are required to obtain a County business license. No outdoor personal or caregiver cultivation is allowed.”

 

All others cultivation activity will be required to obtain a commercial license.

 

SLO’s new draft ordinance will take effect on Dec. 31, 2017.

 

County Contacts

 

County Activist Organizations

 

San Mateo County

 

San Mateo County just voted to allow commercial cultivation and expects to be taking license applications on or around Jan. 2, 2018 if their plan receives final approval. Meanwhile, an interim ordinance bans all commercial cannabis activity.

 

What Are the Rules for Growing My Own?

Under the ban,

 

“indoor planting, cultivation, harvesting, drying, or processing of marijuana plants for nonmedical use is limited to residential districts, is limited to six (6) plants per residence, and must be entirely for the personal use of a resident of the residence who is twenty-one (21) years of age or older. The County reserves the right to enact regulations regarding the indoor cultivation of marijuana at a later date.”

 

County Contacts

Planning Department

455 County Center

Redwood City, CA 94063

(650) 363-4161

 

Santa Barbara County

 

The county is issuing letters for their existing cannabis businesses so they may continue the state licensing process. A major point of contention at the moment is high taxes. The Board will pick the issue up again on Jan. 9, 2018. Meanwhile, all cannabis activity will be medical only. You can read the county’s draft EIR to get a feel for where they are going with regulations.

 

The county expects to make their final decisions regarding new regulations in February. Meanwhile, Santa Barbara City Council voted in November to move forward with legal recreational sales. They’ll be allowing five recreational dispensaries to open soon.

 

What Are the Rules for Growing My Own?

The county passed an urgency ordinance banning all non-medical cannabis uses and outdoor cultivation of cannabis. So, your six plants will need to sprout indoors. Medical personal cultivation can still take place outside in a plot no larger than 100 square feet. You can read more about the current medical cultivation requirements here, but expect these rules to change in the near future.

 

County Contacts

 

County Activist Organizations

 

Santa Clara County

 

Currently, recreational and medical commercial cannabis is prohibited under a temporary ban that can be extended for up to two years. The county has a frequently asked questions page regarding ordinances. The city of San Jose just voted to allow its medical marijuana dispensaries to sell recreational marijuana in January, so county residents will be able to shop there very soon.

 

What Are the Rules for Growing My Own?

The county recently updated their ordinance to clarify personal cultivation rulesEffective immediately, residents in the unincorporated area will be permitted to:

 

  • Grow cannabis indoors, for non-medical purposes: no more than six plants, subject to reasonable regulations. They must be grown within a single space no larger than 50 square feet in a single room or in a fully-enclosed and secure accessory structure.
  • Grow cannabis indoors, for medical purposes: a single layer of plants in a space no larger than 50 square feet, in a single room or in a fully-enclosed and secure accessory structure, subject to reasonable regulations.
  • Grow outdoors, for medical purposes: up to twelve plants, subject to reasonable regulations.

 

County Contacts

Planning Department

70 W Hedding St.

San Jose, CA 95110

(408) 299-5770

 

County Activist Organizations

 

Palo Alto 

 

Can I Purchase from a Dispensary?

No. Dispensaries are banned.

 

Can I Get Delivery?

Yes. Palo Alto specifically allows deliveries, but they’ll have to originate from outside the city because of the ban.

 

What Are the Rules for Growing My Own?

Outdoor cultivation was prohibited, but the ordinance had a sunset clause that’s since passed. Palo Alto defaults to state regulations allowing outdoor cultivation in a closed, locked structure.

 

City Contacts

City Hall

250 Hamilton Avenue

Palo Alto, CA 94301

(650) 329-2100

 

Taxes

Since deliveries must originate outside the city, the tax rate will depend on the area you order from.

San Jose 

 

San Jose isn’t taking any applications for new commercial cannabis operations. But, they do already have 16 medical dispensaries in town that are authorized (by the city at least), to sell adult use.

 

Can I Purchase from a Dispensary? Can I Get Delivery?

Definitely. In fact, San Jose is being so helpful that they have even provided a public list of approved dispensaries that you can order from. There are only 6 dispensaries so far that have been authorized to deliver, but there are several more brick and mortar stores. You can find the list here.

 

What Are the Rules for Growing My Own?

San Jose requires all personal grows to be indoors. Your six plants can be cultivated inside or in a secure accessory building on the same property where you live (you’ll also need permission from your landlord if you rent). The city prohibits using CO2 in growing and in extraction methods that use CO2, propane, butane or other volatile chemicals.

 

City Contacts

San Jose City Hall

200 E. Santa Clara St.

San Jose, CA 95113

(408) 535-3500

 

Taxes

All marijuana businesses are taxed locally at a rate of 10% of gross receipts. Adult sales have a total retail tax of 34.25% while medical retail sales are taxed at 25%.

 

You’ll only notice the prices going up 15% for the excise tax because the city has had their cannabis taxes in place since 2015. Some shops with an M license may offer discounts for patients with only a doctor’s recommendation, though no state MMID. Remember, it’s just a voluntary discount if there’s no MMID attached to the sale. They’re still responsible for covering the state sales tax difference, so don’t expect the discount to remain in effect for long.

 

Santa Cruz County

 

Santa Cruz County voted in October to implement recreational marijuana sales. KindPeople in Santa Cruz city has already been awarded eight of the first 20 temporary licenses issued in the state. This county should be among the first to have nearby recreational sales available in January, even if the 12 currently approved medical marijuana stores aren’t ready to go.

 

Meanwhile, the county government is working on sorting through the responses to their Environmental Impact Report so they can continue implementing the rest of their commercial recreational regulations.

 

What Are the Rules for Growing My Own?

Currently, Santa Cruz County restricts personal cultivation to indoor only. You can read the instructions for personal cultivation here. Santa Cruz County is working on implementing commercial recreational cultivation, but their rules are still being formed. You can check out the proposed legislation here.  

 

County Contacts

Planning Department

701 Ocean St,

Santa Cruz, CA 95060

(831) 454-2580

 

Taxes

Santa Cruz County charges a 7% tax for all cannabis businesses. This will set the total retail tax for adult use at 30.5% (15% excise, 7% local and 8.5% state sales tax). Total medical retail tax will be 22% (15% excise and 7% local).

 

County Activist Organizations

 

City of Santa Cruz

 

Santa Cruz may win the award for most accommodating city government in the state. Not only are their laws fairly reasonable, but they even created a handy flowchart to explain their regulations in the simplest way possible.

 

Can I Purchase from a Dispensary?

Yes, for both adult use and medical.

 

Can I Get Delivery?

Yes to both.

 

What Are the Rules for Growing My Own?

You can grow six plants per residence either indoors or outdoors. They’ve removed their ordinances for personal medical cultivation, so those who wish to grow more than six for medicinal reasons should check with the city for instructions.  

 

City Contacts

City Hall

809 Center Street, Santa Cruz, CA 95060

(831) 420-5030

 

Taxes

All retail outlets are currently required to pay 7% of gross receipts. This’ll set the total retail tax for adult use at 30.5% (15% excise, 7% local and 8.5% state sales tax). Total medical retail tax will be 22% (15% excise and 7% local).

 

Shasta County

 

Shasta County has voted to completely ban all commercial cannabis activity. Shasta Lake, Anderson and Redding look like they will be allowing commercial sales, so access to dispensaries shouldn’t be a problem before long. In fact, 530 Cannabis and Queen of Dragons have already obtained their temporary state licenses to open for recreational sales.

 

Can I Get Delivery?

Non-commercial medical delivery is allowed in the county, but commercial deliveries are prohibited.

 

What Are the Rules for Growing My Own?

The county has some fact sheets posted on their website, but they haven’t been updated to reflect personal cultivation rules.

 

County Contacts

Planning Department

1855 Placer St # 103

Redding, CA 96001

(530) 225-5532

 

Sierra County

 

Sierra County hasn’t addressed personal cultivation yet, but they’ve introduced a proposed ordinance at their November 7, 2017 meeting that would ban all commercial activity (page 39 of this link).

 

What Are the Rules for Growing My Own?

Sierra County allows patients to grow up to 18 plants outdoors, and caregivers to grow up to 72 total for four patients. There county attempted to pass an ordinance that would have greatly restricted cultivation, but it was soundly defeated by a successful referendum challenge. You can read the rest of Sierra’s cultivation rules here.

 

County Contacts

Planning Department

101 Courthouse Sq,

Downieville, CA 95936

 

County Activist Organizations

 

Siskiyou County

 

All commercial cannabis activities are prohibited by moratorium in Siskiyou County.

 

What Are the Rules for Growing My Own?

Only non-profit collective cannabis cultivation is allowed. However, the current sheriff has declared an emergency over the influx of Hmong growers. Enforcement efforts are in full force against local growers. Some say the sheriff’s enforcement attempts are racially motivated, but whatever their motivation, cultivation limitations should be taken very seriously.

 

County Contacts

Planning Department

806 S Main St.

Yreka, CA 96097

(530) 841-2100

 

Solano County

 

Solano County is considering commercial cannabis businesses, but they have not made a decision yet. Meanwhile, all commercial cannabis businesses are prohibited by their moratorium. Expect changes to their ordinances in the very near future.

 

What Are the Rules for Growing My Own?

The county allows patients to cultivate 100 square feet indoors only for their personal medical use. They also allow primary caregivers up to 500 square feet indoors only for up to five patients (100 square feet per patient).

 

Personal adult use cultivation is limited to six plants in 100 square feet area indoors. They’re considering a new proposed ordinance that will allow medical or adult use cultivation indoors, outdoors or in an accessory structure, but the ordinance has not been voted on yet.

 

County Contacts

 

Sonoma County

 

Sonoma county has taken a very proactive approach toward the new cannabis regulations by providing comprehensive information links for frequently asked questions and policy changes. There’s also a link for residents to check their city ordinances. A recent news story reports that cannabis businesses are flocking to Santa Rosa because of these welcoming regulations.

 

Can I Purchase Cannabis from a Dispensary?

Sonoma County is allowing no more than nine medical cannabis dispensaries. Adult-use dispensaries and deliveries are still prohibited.

 

Can I Get Delivery?

Medical only.

 

What Are the Rules for Growing My Own?

Sonoma has a very clear cut fact sheet regarding their personal cultivation regulations. Currently cannabis can be grown outdoors anywhere except multi-family units or R2 and R3 residential zones. Outdoor grows can’t be visible from public streets or walkways and can’t be located in front or side yard setback areas.

 

Indoor grows must be in a separate, accessory structure that complies with all building codes. You can check the link for a more in-depth description of the regulations.

 

County Contacts

 

Activist Groups in the Area

 

Stanislaus County

 

Stanislaus County is fully embracing the commercial sales of recreational and medical cannabis. They will be offering every type of permit that the state allows.

 

Can I Purchase Cannabis from a Dispensary or Delivery?

You definitely will, but Stanislaus has not solidified its selection process yet. Expect the county to begin issuing permits around the middle of 2018, so you should be able to make commercial purchases by fall. Meanwhile, until they open up, cannabis activities are prohibited.

 

What Are the Rules for Growing My Own?

Oddly, cannabis cultivation for any purpose is supposedly prohibited in the county as well, but likely the ordinance needs to be updated to reflect current state law. Title 9 Chapter 9.86.050 “Cannabis cultivation for any purpose is prohibited in the unincorporated areas of the county. (Ord. CS 1170 §2, 2016).”

 

County Contacts

 

Sutter County

 

Sutter County bans all commercial businesses and bans dispensaries and delivery. There has been recent talk about moving toward commercialization in the county, but the item was pulled from the agenda. It should come back to the agenda soon.

 

Personal cultivation rules for Sutter are much the same as they are for Tehama, in that they have very stringent power requirements and the use of an accessory structures is required. Growers must also notify the county of their intent and have all improvements inspected and approved by the county. You can read more about the requirements for personal and recreational grows here.

 

County Contacts

Planning Department

1130 Civic Center Blvd.

Yuba City, CA  95993

Phone: (530) 822-7400

Fax: (530) 822-7109

 

Tehama County

 

Tehema County is extremely restrictive and has only gotten more so with Prop 64. Dispensaries are banned. Commercial cannabis activity is banned. For all intents and purposes, Tehema’s ordinance imposes an outright ban on all cultivation including the state-allowed amount.

 

Medical patients could once grow 12 plants, but are now limited to six along with recreational growers. This is a moot point, however, since all grows must be inside a county-approved accessory structure. The maximum electrical panel allowed for the structure is only 50 amps. Generators aren’t allowed, and all electrical work must be inspected and approved. Light systems are limited to 1,200 watts.

 

Worse, even though the cultivation occurs in a secured, alarmed, fully enclosed structure shielded from public view with filtration systems, the edge of the property line where the cannabis is being cultivated cannot be within 1,000 feet of a school, school bus stop, school evacuation site, church, park, child care center, or youth oriented facility–unless the grower can somehow obtain a waiver to grow after building a several thousand dollar accessory structure.

 

In other words, Tehama county is effectively under a complete ban. The good news is that Tehama is in the process of developing an alternative commercial ordinance with input from the community. You can read the proposed ordinance starting on page 321 of this agenda packet.

 

County Contacts

Planning Department

444 Oak St # I

Red Bluff, CA 96080

(530) 527-2200

 

Trinity County

 

Trinity County has decided to embrace legalization and adopted a commercial cultivation ordinance to that effect in October. They still haven’t created an ordinance to legalize dispensaries or other commercial cannabis activities yet.

 

What Are the Rules for Growing My Own?

It’s against the law to grow GMO crops in Trinity too, so make sure your cannabis is not genetically modified. The current personal medical marijuana ordinance is not up-to-date yet because it limits anyone with less than one acre to two plants, but you can read their existing rules here. There are no prohibitions on growing the six plants outdoors for personal use yet.

 

County Contacts

 

Tulare County

 

Currently, Tulare County is currently banning all commercial cannabis activity. However, the cities of Woodlake and Farmersville will be allowing full medical and recreational sales. Businesses won’t be ready to open at the beginning of the year, but should be opening within a couple of months.

 

What Are the Rules for Growing My Own?

Like many counties, Tulare has not yet codified personal cultivation restrictions. Medical patients are allowed to grow up to six mature plants or 12 immature plants for their own use.

 

County Contacts

Planning Department

5961 S Mooney Blvd

Visalia, CA 93277

(559) 733-6254

 

Tuolumne County

 

Tuolumne County is reversing its permissive stance on cannabis cultivation to severely restrict medical access. They voted in September, 2017, to ban all outdoor cultivation and reduce the number of indoor plants to six, no matter whether they are for medical use or recreational.

 

Currently Tuolumne’s residents are allowed to grow up to 24 plants indoors and 12 outdoors for one patient, and up to 24 outdoors for two patients, but don’t expect this ordinance to remain intact. Currently dispensaries and other commercial activity is banned in the county as well. Sonora, the county seat, is considering an ordinance that will allow commercial activity.

 

County Contacts

Planning Department

A.N. Francisco Building

48 Yaney St.

Floors 3 and 4

Sonora, CA 95370

Phone: (209) 533-5633

Fax: (209) 533-5616

 

County Activist Organizations

 

Ventura County

 

Currently, commercial sales are banned, but Ventura’s code specifically allows medical cannabis dispensaries and deliveries that don’t require a commercial license. Port Hueneme is set to become the first city in Ventura County to allow commercial adult use and medical cannabis businesses, so residents should expect to see improvement to access soon.

 

Additionally, its citizens are allowed to cultivate their six plants for personal use outdoors while most incorporated and unincorporated areas of the county do not.

 

What Are the Rules for Growing My Own?

Ventura County’s cultivation ban does not apply to medical patients. There was an interim ordinance banning outdoor cultivation for recreational purposes, but it’is unknown if that’s been continued. The ordinance has not yet been properly amended to specifically address personal cultivation.

 

County Contacts

Planning Department

800 S Victoria Ave.

Ventura, CA 93009

(805) 654-2488

 

County Activist Organizations

 

Yuba County

 

Yuba County’s cannabis rules have been a hotly contested issue since 2011, and issues don’t look to be settled yet.

 

Can I Purchase Cannabis from a Dispensary or Delivery?

Yuba County will not allow any commercial cannabis activity at this time. Marysville was considering allowing commercial activity, but it looks like they will decide against it. They have approved two medical marijuana dispensaries, but it is still unknown when they will open.

 

What Are the Rules for Growing My Own?

Yuba County has some of the most severe cannabis regulations in the state. The only new relief given by their most recent ordinance is that cultivation can take place in a house or accessory structure, rather than a fully permitted accessory structure only.

 

Whether for medical or recreational purposes, personal grows are limited to six plants only, whether mature or immature, and no matter how many qualified patients live on the property. You can read more of Yuba’s cultivation ordinances here.

 

County Contacts

Planning Department

915 8th Street, Suite 123

Marysville, CA 95901

Phone: (530) 749-5470

Fax: (530) 749-5434

planning@co.yuba.ca.us

 

Further Reading

 

Want to stay up-to-date on the latest legal changes that’ll affect your cannabis use? Read these articles and be ready for the new marijuana business arriving this year.

 

  1. How to Get a Medical Marijuana Card in 2018
  2. The Complete Q&A List for California’s 2018 Cannabis Regulations
  3. 2018 Brings New Challenges to the Federal Government’s Cannabis Law
  4. Jeff Sessions Rescinds Cole Memo

3 Comments

You can post comments in this post.


  • Hey guys I’m in Santa Clara County and home delivery is still up and available as it is in San Mateo county – I believe this page needs some updating?

    Anonymouse 1 month ago Reply


    • Absolutely! As a matter of fact, we are literally counting on readers and tips to keep this updated if some things aren’t meshing. Keep in mind, some operations may be working under different sets of laws, such as the Compassionate Use Act for Prop 215 instead of the new commercial laws. It’s going to be a pretty complicated thing to sort out 🙂 Also, some may just be operating despite changes in laws, but I highly doubt that is the case in these two counties because I saw a strong desire to work with the patients. Matter of fact, I just got an update in-depth answer on Tulare county that I am about to add too. 🙂 Thank you so much for the tip. We’ll see what’s changed about the ordinances and add it! <3 🙂

      Debbie Tharp 1 month ago Reply


    • Also, what may be happening is that your facilities are operating under city laws instead of county laws. The county ordinances only apply to unincorporated areas of the county, but the cities can also dictate their own rules–except the county can impose some rules on the cities as well, but not others. lol! As if it wasn’t confusing enough. We are currently working on adding cities to the counties, at least the major ones, with their general rules as well. This is where readers can really help. If they let us know which cities are allowing commercial activity, we can point readers to where they can go in the “dry counties” to escape the bans 🙂

      Debbie Tharp 1 month ago Reply


Post A Reply