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Medical Marijuana Ordinances And Regulations

Ordinances and Regulations

Title 20: Zoning Ordinance

Title 6: Medical Marijuana Regulatory Ordinance

City Manager Regulations

Proposition 64

Council and committee meetings

Please note: the City's Zoning Code does NOT allow recreational/adult use marijuana businesses. 

Proposition 64 only allows the sale of recreational/adult use cannabis by state-licensed retailers. There are currently NO state licensed recreational marijuana retailers in California. The state will not begin issuing recreational licenses until 2018. Under Proposition 64, you cannot get a state license if you are breaking local law. 


The following ordinances, along with the City Manager Regulations for Medical Marijuana, set forth the rules for operating a Medical Marijuana Collective in San Jose:

  1. Chapter 20.80 The Zoning Ordinance

Regulates the location in the City where medical marijuana collectives may locate.

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
    • An 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*
  • *Excluding the 50 foot buffer between two cultivation-only sites and/or a shared cultivation-only site. A cultivation-only site would still be required to be separated by at least 50 feet from a dispensing location.

Compliant zoning areas
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

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

  1. Chapter 6.88 The Regulatory Ordinance

Chapter 6.88 of the San Jose Municipal Code establishes the rules and parameters regarding the operational requirements for how medical marijuana collectives function in the City.

The Registered Medical Marijuana Collectives are required to follow state law and comply with a number of operational regulations set forth in Chapter 6.88 of the San Jose Municipal Code including, but not limited to the following:

  • No collective shall dispense medical marijuana from more than one location in the city (6.88.310.A.);
  • Hours of operation for storefronts are only between 9 a.m. and 9 p.m.(6.88.440.A.);
  • Only the 16 Registered Collectives in San Jose may apply for registration to deliver Medical Marijuana to qualified patients and/or primary caregivers  (6.88.445 C);
  • Hours of operation for deliveries (after being approved for deliveries by the Chief of Police) are from 8:00 a.m. to 12:00 a.m. midnight.
  • No person under the age of 21 shall be allowed at the location, and no medical marijuana transfers may be made to a member under the age of 21 (6.88.440.F.);
  • Medical marijuana may not be ingested, vaped or consumed at the premises (6.88.440.J.);
  • Outdoor cultivation is prohibited within the City of San Jose (6.88.430.E.);
  • Medical marijuana must be packaged in opaque childproof containers (6.88.460.B.);
  • Packaging that makes the product attractive to children or imitates candy is prohibited (6.88.460.D.);
  • Each owner, manager, and individual member working at the Collective shall wear in plain sight a valid identification badge issued by the Chief of Police (6.88.425.A.);

Collectives must not create or allow a public nuisance on the premises or within 300 feet of the premises, including the following set forth in SJMC 6.88.490:

    • disturbance of the peace;
    • illegal drug activity;
    • public drunkenness;
    • drinking in public;
    • gambling;
    • prostitution;
    • sale of stolen goods;
    • public urination;
    • theft;
    • assaults;
    • batteries; or
    • acts of vandalism
  1. City Manager Regulations for Medical Marijuana

The City Manager Regulations for Medical Marijuana promulgates additional regulations necessary to implement the requirements of the Code. The City Manager Regulations were most recently updated on March 10, 2017.


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.


Council and Committee Meetings related to Medical Marijuana

Follow the links below to review past reports, information and draft ordinances related to the Medical Marijuana Program.

For video, audio or transcripts of the below referenced City Council or Committee Meetings, please visit CivicCenter TV.



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