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Medical Marijuana Program FAQ

FAQ
What are the Registered Collectives in San Jose?
Proposition 64 passed, what are the requirements for recreational marijuana?
Where can Collectives operate in the City?
Are Medical Marijuana deliveries allowed in San Jose?
How many cultivation locations may a registered Collective have?
What are the application & registration fees?
Can I open a Collective in the City of San Jose?
Who can work at a Registered Collective?
Who cannot work at a Registered Collective?
What is the process for applying to work at a Registered Collective?
What are the policy requirements once an applicant has been issued a valid identification badge?

What are the Registered Collectives in San Jose

The following sixteen Collectives are the only Registered Collectives in San Jose and are allowed to legally operate a Medical Marijuana Collective in the City.

Any Collective or delivery service NOT listed below is not registered with the City and not operating in accordance with the San Jose Municipal Code.

Registered Collective

Address

Phone

1. 

1190 Coleman Ave., San Jose, CA

 (408) 320-0230

2. 

1075 N 10th, San Jose, CA

 (408) 298-8837

3.
CA Collective

210 Phelan Ave., San Jose, CA

 (408) 809-4301

4.

1695 S 7th, San Jose, CA

 (408) 297-2615

5.

3591 Charter Park Drive, San Jose, CA

 (408) 264-7877

6.

985 Timothy Drive, San Jose, CA

 (408) 443-3344

7.

1365 N 10th, San Jose, CA

 (888) 994-2726, ext 4

8.

1761 Smith Ave., San Jose, CA

 (408) 266-4293

9.

543 Parrott Street, San Jose, CA

 (408) 297-0543

10. 
Lux 

1859 Little Orchard, San Jose, CA

 (408) 982-3170

11. 

2121 S 10th, San Jose, CA

 (408) 283-9333

12.

752 Commercial, San Jose, CA

 (408) 456-0420

13.
Santa Cruz Genetics, Inc

92 Pullman Way, San Jose, CA

 (408) 960-8309

14.

2943 Daylight Way, San Jose, CA

 (408) 224-0420

15.
Theraleaf Relief, Inc.

1014 Timothy Drive, San Jose, CA

 (408) 849-3706

16.
White Fire, Inc.

111 Old Tully Road, San Jose, CA

 (408) 564-4512

 

To locate a registered medical marijuana collective near you, view this map:

 


Proposition 64 passed, what are the requirements for recreational marijuana?

Proposition 64

Possession
Consumption
Cultivation
Commercial use

On November 8, 2016, the voters of California approved Proposition 64, the Adult Use of Marijuana Act.

Proposition 64 legalizes the nonmedical use of marijuana by persons aged 21 and older.

Proposition 64 creates a state regulatory and licensing system for commercial cultivation, testing, distribution, and manufacture of nonmedical marijuana and nonmedical marijuana products.

All recreational marijuana businesses are prohibited at this time, and until both of the following occur: The San Jose City Council adopts an ordinance allowing for commercial recreational activity AND until the State issues licenses (expected in 2018).

Only the 16 Registered Collectives are registered to dispense medical marijuana to qualified patients and caregivers with a valid doctor's recommendation for medical use.

Proposition 64 allows for the following:

Personal Use: Possession

Under Proposition 64, a person 21 and over may possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis.

Under Proposition 64 the following rules apply: 

  • AGE: 21 and older
  • LIMITS:
    • Dried flowers: up to 28.5 grams;
    • Concentrated cannabis: up to 8 grams;
    • Live plants: 6 plants per residential address – NOT per person

 Personal Use: Consumption 

Under Proposition 64, it is illegal to use marijuana in public. This includes smoking, vaping, ingesting edibles, etc.

Some other places where it's illegal to use marijuana: 

  • While driving or riding in a car, boat;
  • In parks or on trails
  • In restaurants or bars
  • Near schools
  • Near building entrances
  • On the sidewalk
  • At the bus or light rail stop

Keep your consumption at home. If you light up, please be respectful of your neighbors. Secondhand marijuana smoke can have serious impacts on children, seniors, those with asthma and allergies, and others.

Personal Use: Cultivation

Under the new state law approved by the voters, you are allowed to grow no more than six plants, no matter how many people live in your house or apartment.

Personal cultivation is personal. Selling the marijuana you cultivate requires a state license and is illegal in San Jose.

In San Jose, you must grow your marijuana plants indoors, either inside the house or apartment where you live or in a secure accessory building. If you are a renter, get permission from your landlord before growing marijuana at the property. Outdoor cultivation is prohibited in all areas of San Jose.

Other San Jose regulations:

  • Lock up your plants and products so children can't get to them
  • Get required electrical and building permits. (DON'T plug grow lights into extension cords!)
  • No extraction using CO2, butane, propane, or other hazardous chemicals
  • Don't use CO2 in growing your plants
  • Control your odors. Your plants cannot create a neighborhood nuisance

Commercial Use – Dispensaries, Stores, Cultivation, Manufacturing, Delivery, etc.

The only legal marijuana operations in San Jose are the 16 Registered Collectives already registered to dispense medical marijuana. They are only allowed to dispense medical marijuana to patients and caregivers who have a valid doctor's recommendation for medical use.

All other marijuana enterprises are prohibited at this time.

This means it is illegal in San Jose to open a nonmedical marijuana store. It is illegal in San Jose to grow nonmedical marijuana for sale. It is illegal in San Jose to manufacture, extract, deliver, distribute, or transport nonmedical marijuana for sale.

Furthermore, you need a state license to open a marijuana business in California. The State is not required to issue licenses until 2018.

Opening a marijuana business without a state license is no different than opening a bar or liquor store without a state ABC license. It's against the law.

 


Where can Collectives operate in the City?

Collectives are allowed to locate in the following zoning districts:

  • Light Industrial (LI)
  • Heavy Industrial (HI)
  • Combined Industrial/Commercial (CIC)
  • Industrial Park (IP)
  • Downtown Primary Commercial (DC) – 2nd Story Only

Illustrative Map Showing Parcels Potentially Compliant With the Medical Marijuana Land Use Ordinance

Collectives are not allowed locate in the following policy areas, business parks or zones:

Collectives are not allowed to locate within:

  • 1,000 feet of:
    • A public or private preschool, elementary school, or secondary school;
    • A child daycare center;
    • A community or recreation center;
    • A park; or
    • A library
  • 500 feet of:
    • A substance abuse rehabilitation center; or
    • emergency residential shelter
  • 150 feet of places of:
    • A religious assembly;
    • An adult daycare center; or
    • A residential use (including legal non-conforming residential use)
  • 50 feet of another collective

How many cultivation locations may a registered Collective have?

Effective December 2, 2016 the 16 Registered Collectives may have up to two (2) cultivation locations. Pursuant to SJMC 6.88.435, to the extent allowed by law, one (1) cultivation site may be located outside of the City of San Jose and within the State of California. The cultivation location outside of San Jose shall not be the Collective's sole cultivation site. The Cultivation site may be a separate location or same location as the sole dispensing site in San Jose.


Are Medical Marijuana deliveries allowed in San Jose?

Only the 16 Registered Collectives that have applied for and received their Notice of Amended Registration approved to conduct deliveries may deliver medical marijuana to qualified patients and/or primary caregivers.

Any other delivery or Collective not registered with the City is NOT operating lawfully in accordance with the San Jose Municipal Code.


What are the application & registration fees?

Review the 2016-2017 Schedule of Fees and Charges related to the Medical Marijuana Program for all fees and charges related to the cost of the operation of the Medical Marijuana Program.


Can I open a Collective in the City of San Jose?

No, the City of San Jose is NOT accepting applications for any new medical marijuana collectives or other medical marijuana businesses, including independent cultivation or manufacturing companies.


Who can work at a Registered Collective?

Only owners, managers, and individual staff members who have submitted their Collective employee application to The Division and received a Police Department issued Identification Badge pursuant to SJMC 6.88.425 may work at a Registered Collective.


Who cannot work at a Registered Collective?

Owners, managers or individual staff at the Collective cannot:

  • Be younger than 21
  • Participate in their duties at the Collective without obtaining and/or wearing in plain sight a valid Identification Badge.
  • Be on parole/probation for possession, sale, distribution or transportation of controlled substance
  • Have a conviction for a crime of moral turpitude 
  • Have a misdemeanor/felony within past 10 years involving:
    • Use of violence, force, fear, fraud or deception;
    • Unlawful possession, sale, manufacture, use, distribution or transportation of a controlled substance;
    • Use of money to engage in criminal activity; or
    • Unlawful possession or use of a firearm

All owners, managers, and individual staff members working at the Collective are required to be fingerprinted, submit their employee application to the San Jose Police Department to complete a background investigation, and receive a Police Department issued Identification Badge pursuant to section 6.88.425 of the San Jose Municipal Code.


What is the process for applying to work at a Registered Collective?

Each Owner, Manager and any individual participating in the cultivation, processing, manufacturing, transporting or dispensing of Medical Marijuana is required to go through the application process and be issued a valid identification badge issued by the Chief of Police prior to working at a Collective in San Jose.

All applicants must be at least 21 years old and be a member of the Registered Collective in San Jose in order to apply to start working at the Collective.

Follow the steps below to start the application process:

  • Fill out the Employee or manager application, depending on your job position in the Collective.
  • After you fill out the application, you must schedule an appointment at dmmc.appt@sanjoseca.gov to start the application process. Walk-ins are NOT permitted.
  • When you have confirmed your appointment, arrive at the San Jose Police Department located at 201 West Mission St. for your appointment. At the time of your appointment you are required to bring the following:
  • Your completed employee or manager application
  • Government issued photo identification card
  • Physician's recommendation for the medical use of marijuana
  • $200 processing fee for all new employees.

($126 for employees who have already been fingerprinted and applied to work at another Registered Collective in San Jose)
EXACT change only. Payments include: cash, credit cards, or checks made out to the City of San Jose.

  • When you arrive at the San Jose Police Department please tell the Officers in the front lobby you are here for a Medical Marijuana Appointment. A member of the Division will then accompany you to the Permits Unit to review your application, process your application fee, submit your fingerprints to the CALDOJ database, and provide you a valid identification badge issued by the Chief of Police pursuant to section 6.88.425 of the San Jose Municipal Code.

What are the policy requirements once an applicant has been issued a valid identification badge?

Pursuant to section 6.88.425 of the San Jose Municipal Code, all owners, managers, and individual members engaged in their duties at their Collective must wear the police issued identification badge in plain site at chest level whenever they are engaged in the duties of his or her position for the collective. Identification Badges expire one (1) year after issuance and are required to be renewed 30 days prior to the date of expiration.

For more information regarding the appropriate procedures for Identification Badges, including the process for returning ID badges review the Badge FAQ

The City of San José is committed to open and honest government and strives to consistently meet the community's expectations by
providing excellent service, in a positive and timely manner, and in the full view of the public. Read more about the City Code of Ethics.