San Diego

County

• 5th most populated in the U.S.

• Population 3,000,000+ (2010)
• 18 cities, 35 communities, 14 reservations
 San Diego County
• Currently there is a local ban on any new medical or non-medical
marijuana facilities within unincorporated areas of the County
• The local ban does not apply to cultivation of marijuana for personal
use in accordance with Health and Safety Code section 11362.2(b)(2)’
 San Diego County
§6935 San Diego County Zoning Ordinance
• A now-nonconforming Collective Facility which was lawfully
established before April 14, 2017 shall cease operations no later
than April 14, 2022
• The Collective Facility may apply for one six-month extension of
this period.
• The Director may grant that extension upon determining that the
operator would be subjected to unreasonable financial hardship if
forced to cease operations
• Any nonconforming medical marijuana collective facility shall not
be expanded, enlarged, extended or altered except that the use
may be changed to a conforming use
 Incorporated Cities
Do not allow any commerical
medicinal or adult-use
Allow commercial
activities cannabis activities
· Carlsbad*
· Coronado · Chula Vista
· Del Mar
· El Cajon
· Oceanside
· Encinitas (2020)** · Imperial Beach
· Escondido
· National City · La Mesa
· Poway
· Lemon Grove
· San Marcos
· Santee · San Diego
· Solana Beach*
· Vista (2018)**
 City of Vista
Proposed initiatives for November 2018 ballot
• Local measure Z: Shall the citizen measure authorizing the commercial storefront retail sales of
medicinal cannabis by up to 11 retailers in the City of Vista to be located in any of Vista’s
commercial, industrial, business park, and mixed use zoning districts; imposing a 7% special use
tax on gross receipts potentially raising $117,600 per dispensary annually until ended by voters;
be adopted?
• Local measure AA: Shall the City Council measure imposing a general tax on potential future
cannabis businesses to offset their community impacts by taxing marijuana cultivation at
$14/square foot; and gross receipts of marijuana businesses at rates not exceeding 8% on
manufacturing and distribution; 10% on medicinal retail; 12% on adult-use retail; and 3.5% on
testing; potentially raising $84,000 annually per medicinal distributor until ended by voters;
requiring audits and establishing penalties for non-compliance; be adopted?
• Local measure BB: Shall the City Council measure authorizing only the commercial delivery of
medicinal cannabis in the City of Vista by up to three non-storefront (delivery only) retailers;
authorizing up to two product safety testing laboratories; limiting these business to industrial-
type zones; and authorizing and directing the City Council to establish licensing and operating
regulations protecting public safety, health, security, and community welfare; be adopted?
 City of Chula Vista
• Currently, all commercial cannabis activity remains prohibited in the City of Chula
Vista. See Chula Vista Municipal Code section 5.66.020. Persons who facilitate or
engage in unlawful commercial cannabis activity may be liable for civil penalties
in an amount of up to $10,000 per day. Additionally, the City’s municipal code
now authorizes criminal prosecution of violations as misdemeanors.
• The Chula Vista City Council voted on March 6, 2018 to approve adoption of an
ordinance (3418) permitting, licensing, and regulating cannabis businesses in the
City of Chula Vista. The ordinance is conditioned on voter approval of a cannabis
business tax measure anticipated to go before voters in November 2018.
• Please be aware that the draft regulations are in draft form and subject to further
revision. Members of the public will have the opportunity to provide feedback on
the draft regulations to City staff at public forums to be held in September. The
first public forum will be held on Wednesday, September 19, 2018
 City of Chula Vista
Cannabis Business Applications

• If the November 2018 cannabis business tax measure passes, the City anticipates that it will begin accepting
applications for cannabis business licenses sometime on or after January 1, 2019. The City will provide further
public information about the application process and deadlines after November 6, 2018.

Cannabis Business License Types

• The City’s commercial cannabis ordinance would authorize the following types and number of licenses:

• Storefront and Non-Storefront Retailers: Up to three (3) Retailer licenses per Council District. Of the three (3)
Retailer licenses per District, no more than two (2) may be Storefront Retailer Licenses. Storefront Retailers are
open to the public; they are prohibited from providing delivery services. Non-Storefront Retailers are closed to
the public; they are prohibited from making on-site sales and can only conduct deliveries.

• Cultivation: Up to ten (10) Indoor Cultivation licenses city-wide. Indoor cultivation sites are limited to twenty
thousand (20,000) square feet.

• Distribution, Manufacturing, and Testing Laboratories: There are no limits on the number of licenses.
 City of Chula Vista
Cannabis Delivery

• State law requires that all cannabis delivery businesses have both a
state license and local authorization. Chula Vista Municipal Code
section 5.66.030 currently permits the delivery of cannabis or cannabis
products, but only where delivery originates from a cannabis business
licensed by another jurisdiction outside of Chula Vista.
• The City’s commercial cannabis ordinance would continue to allow
delivery originating from a licensed cannabis business outside of Chula
Vista and permit up to eight (8) licensed Non-Storefront Retailers (i.e.,
cannabis delivery businesses) to locate in the City of Chula Vista.
• Cannabis delivery by any other persons or entities is prohibited in the
City of Chula Vista.
 City of Oceanside
• The City of Oceanside adopted an ordinance on April 11, 2018,
amending Articles 4, 13, 14 and 36 of the 1992 Zoning
Ordinance and Chapter 7 Article XIII of the Oceanside City Code
to update regulations concerning commercial medical cannabis
uses and allow the establishment and operation of specified
commercial medical cannabis facilities only in designated
zoning districts, subject to conditions and limitations.
• The City Council adopted an ordinance on September 5, 2018
to allow two (2) Type-9, non-storefront dispensaries in the
Industrial Zone. Applications may be accepted as soon as
September 19.
 City of Oceanside
• The City of Oceanside currently permits the following medical cannabis businesses:
– Cultivation
– Nurseries
– Manufacturing (non-volatile)
– Distribution
– Testing laboratories.
• With the proper permits, cultivation and nurseries may be permitted on a case by
case basis on Agricultural zoned properties only, limited to five (5) sites.
• Manufacturing, distribution and testing laboratories may be permitted on a case by
case basis on industrial zoned properties (IL and IG) only.
• Commercial cultivation, manufacturing, distribution, nurseries and deliveries of
cannabis for non-medical purposes is prohibited within the City of Oceanside.
• Medical cannabis delivery services originating from a brick-and-mortar licensed
facility beyond City boundaries are allowed to operate within the City of Oceanside,
after obtaining a City of Oceanside business license.
 City of Oceanside
• Applications accepted from June 25, 2018-October 1, 2018

Allowable commercial medical cannabis facilities include the

following:
• Cultivation – Medical (Artificial Light), Cultivation –
Medical (Mixed Light)
• Cultivation – Medical (Nursery)
• Distribution
• Manufacturing – Medicinal (Non-Volatile)
• Testing Lab
 City of Imperial Beach
• On July 18, 2018 approved an ordinance to allow
one recreational marijuana dispensary in the city
• Applicants must pay a $10,000 application fee,
show they have $300,000 in liquid assets, have a
detailed security plan, pass background checks,
have at least one manager with previous
marijuana industry experience, and find a
location that is not within 900 feet of a school,
park or daycare center.
 City of La Mesa
• La Mesa voters approved Measure U in 2016, an ordinance that allows medical marijuana businesses
to operate in the city through a permitting and licensing process
• Recreational marijuana facilities are currently illegal
• The measure does require that shops cannot be within 1,000 feet of another dispensary or "minor-
oriented facilities" such as childcare centers, schools or playgrounds. The city has posted a map of
areas where dispensaries might be allowed. The measure also allows marijuana cultivation for
personal use, as well as "supply chain" operations such as commercial cultivation, transporting and
distribution.
• No limit on conditional use permits issued, however zoning, distance from schools, and the
availability of land and vacant space will determine the number of facilities that can be approved. In
addition, dispensaries are required to meet distance requirements from other dispensaries as well as
sensitive uses, though Measure U does not include distance requirements between cultivation sites
• A CUP can be issued for a cultivation and manufacturing business on the same site, but The City is not
accepting producing dispensaries (Type 10a) at this time
• 5 currently-approved dispensaries
• 32 currently under review
• 1 denial
City of La Mesa
City of La Mesa
 City of La Mesa
Dispensaries
• 5 year license
• 1,000 ft. minimum distance from sensitive use
areas
• No medical consultations
• Security and operating hour restrictions (7AM-
9PM)
• 2-color sign on the outside of the business
 City of La Mesa
Cultivation
• Prohibited in residential zones
• Small specialty indoor or nursery
• Plant quantity must directly correlate to the quantity
of pre-existing dispensary and/or distribution
purchase orders or a supply/purchase agreement
• Plant/batch identification and security requirements
• No public access or sales
• Employee background check
 City of La Mesa
Manufacturing
• Prohibited in residential zones
• Extraction by volatile chemicals is prohibited
• Security and signage requirements
• No public access or sales
• Employee background check
• State-approved food safety certification required for
management employee
• California-licensed commercial kitchen
 City of La Mesa
Personal use
• Up to 8 plants
 City of Lemon Grove
Dispensaries
• 9/4 application #2 pending (1st application was denied)
• Dispensaries or retail marijuana establishments are prohibited in the City, however, a medical
marijuana dispensary (MMD) located within designated commercial and industrial zones and in
conformance with the protected use and regulated use distance or separation requirements
may apply for a conditional use permit. A conditional use permit requires public noticing in the
local newspaper and property owner notifications to properties within 500 feet of the subject
property. City Council approval and conformance to Municipal Code Section 17.32.090 is
required. On-site security personnel, routine inspections, and background checks of employees
and managers will be required. In addition, the City will require other conditions of approval
and submittal requirements. On-site cultivation and/or consumption is prohibited. Estimate
three to 12 months to process and the project may be denied for non-compliance.
• MMDs must maintain a physical separation of at least 1,000 feet from other regulated
uses(MMDs) and protected uses in accordance with LGMC Section 17.32.090(B). A protected
use includes any of the following land uses: parks and playgrounds, licensed daycare facilities,
preschools and schools, and alcohol and substance abuse treatment facilities.
 City of Lemon Grove
Cultivation
• Cultivation of marijuana is prohibited in the City, however, a qualified
patient may be allowed to cultivate medical marijuana within his/her
private residence within an existing single-family residence in the
Residential Low (RL) or Residential Low/Medium (RL/M) zoning districts
subject to issuance of a zoning clearance as specified in Section 17.32.100
of the Municipal Code or as otherwise specified in State Law. The City will
require minimum conditions of approval and submittal requirements for a
zoning clearance. Significant tenant improvements with a building permit
may be required. Estimate two to six months to process and the project
may be denied for non-compliance.
• In accordance with Proposition 64, the City will also allow for indoor
cultivation of up to six plants per residence and processes and procedures
are forthcoming.
 City of Lemon Grove
Conditional use permit
• A conditional use permit is a discretionary permit granted by
the Lemon Grove City Council to conduct a specified use. The
permit is considered discretionary because the City Council
may grant the permit, deny the permit, or grant the permit
subject to conditions. Obtaining a conditional use permit
requires the submittal of a planning permit application,
application materials, the payment of a deposit to reimburse
City costs, the noticing of surrounding property owners within
500 feet of the subject property, and the conduct of a public
hearing by the Lemon Grove City Council for consideration.
City of Lemon Grove
 City of San Diego
• 40 production facilities (MFP) for cultivation,
distribution, and manufacturing activities
• 36 outlets (MO) for retail sales; no more than
4 per council district
– 15 approved cooperatives transition to outlets
• 5% gross receipt tax
– Will increase to 8% in July 2019 unless amended
– May increase up to 15% maximum
 City of San Diego
Production (cultivation, distribution, manufacturing) location restrictions
• 1,000 feet from public parks, churches, childcare, playgrounds, libraries,
minor oriented facilities, residential care facilities and schools
• 100 feet from residential zones
• No separation requirements from other Marijuana Production Facilities or
Marijuana Outlets
• Retail sales strictly prohibited
• Facilities must be entirely enclosed / no outdoor storage or operations
• Lighting/security, including operable cameras, alarms and security guard
• Emergency contact information must be displayed from the public right-of-
way
• No signage allowed, address only
• Requirements for fingerprinting, background (similar to Marijuana Outlets)
 City of San Diego
Marijuana Outlet
• An establishment (retail, medicinal or combination) operating with a Conditional
Use Permit (CUP) where marijuana, marijuana products, and marijuana accessories
are sold to the public.
Marijuana Testing Facilities
• Testing for scientific research (including cannabis testing) that leads to the
development of new product and processes is currently an allowed use (Research
& Development). A new use category has been introduced allowing commercial
testing of marijuana and marijuana products.
Limited Zones
• Research & Development is permitted in several industrial and commercial zones.
Commercial testing of marijuana will be permitted in those zones where residential
use is prohibited. No limitations or restrictions on the number of facilities or
proximity from sensitive receptors/other testing facilities. Permitted use.
City of San
Diego

Permitted production
facilities
• 66 applications pending
• District 8: 1 facility
City of San
Diego
Permitted outlets
• District 1: 1 MO, 1 Co-op
• 3 applications pending
• District 2: 4 Co-ops
• District 3: 2 Co-ops
• 1 application pending
• District 4
• 2 applications pending
• District 6: 3 Co-ops
• 2 applications pending
• District 7: 4 MOs
• District 8: 4 Co-ops
• District 9
• 3 applications pending