SJPD Star

 

Cannabis Regulatory Program FAQ’s

FAQ
What are the Registered Cannabis Businesses in San Jose?
Proposition 64 passed, what are the requirements for recreational cannabis?
Where can cannabis businesses operate in the City?
Are cannabis deliveries allowed in San Jose?
How many cultivation locations may a registered cannabis business have?
What are the application & registration fees?
Can I open a collective or cannabis business in the City of San Jose?
Who can work at a Registered Cannabis Business?
Who cannot work at a Registered Cannabis Business?
What are the policy requirements once an applicant has been issued a valid identification badge?


What are the Registered Cannabis Businesses in San Jose?

The following cannabis businesses are the only Registered Cannabis Businesses in San Jose and are allowed to legally operate a medical and non-medical cannabis business in the City.

BE CONFIDENT — BUY LEGAL

Any cannabis business or delivery service not on this list is NOT registered with the City and not operating lawfully in accordance with the San Jose Municipal Code.

Registered Cannabis Business
Delivery
Address
Phone
1.  Delivery Icon
1190 Coleman Ave., San Jose, CA
 (408) 320-0230
2.
CA Collective
No
210 Phelan Ave., San Jose, CA
 (408) 809-4301
3. Delivery Icon
1695 S 7th, San Jose, CA
 (408) 297-2615
4. Delivery Icon
3591 Charter Park Drive, San Jose, CA
 (408) 264-7877
5. Delivery Icon
985 Timothy Drive, San Jose, CA
 (408) 443-3344
6. Delivery Icon
1365 N 10th, San Jose, CA
 (888) 994-2726
ext 4
7. Delivery Icon
1761 Smith Ave., San Jose, CA
 (408) 266-4293
8. No
543 Parrott Street, San Jose, CA
 (408) 297-0543
9.  No
1859 Little Orchard, San Jose, CA
 (408) 982-3170
10.  Delivery Icon
1075 N 10th, San Jose, CA
 (408) 298-8837
11.  No
2121 S 10th, San Jose, CA
 (408) 283-9333
12. Delivery Icon
752 Commercial, San Jose, CA
 (408) 456-0420
13.
Deli by Caliva San Jose
No
92 Pullman Way, San Jose, CA
 (408) 960-8309
14. No
2943 Daylight Way, San Jose, CA
 (408) 224-0420
15.
Theraleaf
No
1014 Timothy Drive, San Jose, CA
 (408) 849-3706
16.
White Fire
Delivery Icon
111 Old Tully Road, San Jose, CA
 (408) 564-4512

 

To locate a registered cannabis business near you, view this map:

 


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

Possession
Consumption
Cultivation
Commercial use

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

Proposition 64 legalized the non-medical use of cannabis by persons aged 21 and older.

Proposition 64 created a state regulatory and licensing system for the commercial cultivation, testing, distribution, and manufacture of non-medical cannabis and non-medical cannabis products.

Only registered cannabis businesses are authorized to dispense medical and non-medical cannabis.

Proposition 64 only allows the sale of recreational/adult use cannabis by state-licensed retailers. The state began issuing cannabis licenses in December 2017 with an effective date of January 1, 2018.  Under Proposition 64, you cannot get a state license if you are violating local law. 

Proposition 64 allows for the following:

Personal Use: Possession

Under Proposition 64, a person 21 and older 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 cannabis not in the form of concentrated cannabis.

Under Proposition 64 a person age 21 or older may possess for personal use the following:

  • Not more than 28.5 grams of dried flower;
  • Not more than 8 grams of concentrated cannabis;
  • Not more than 6 plants per residence (NOT per person) for cultivation

Personal Use: Consumption

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

Some other places where it’s illegal to use cannabis: 

  • While driving or riding in a car, boat, vessel, aircraft or other vehicle used for transportation
  • In parks or on trails
  • In restaurants or bars
  • Near schools
  • Near building entrances
  • On the sidewalk
  • At the bus or light rail stop

To file a complaint regarding a violation of the personal use consumption laws or regulations contact the San Jose Police Department’s non-emergency number at 311 or 408-277-8900.

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

Personal Use: Cultivation

Under Proposition 64, you are not allowed to grow more than six plants per residence, no matter how many people live in your residence.

Selling the cannabis you cultivate requires a state license.

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

Other San Jose regulations:

  • Lock up your cannabis 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

To file a complaint regarding a violation of the personal use cultivation laws or regulations, contact the Code Enforcement department at 408-535-7770 or on-line at Code Enforcement: Service Request Form

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

The only legal cannabis operations in San Jose are the registered cannabis businesses already authorized to dispense medical and non-medical cannabis.  All other cannabis enterprises are prohibited at this time.

This means, if you are not one of our registered cannabis businesses, it is ILLEGAL in San Jose to:

  • Open a cannabis store
  • Grow cannabis for sale
  • Manufacture, extract, deliver, distribute, or transport cannabis for sale.

A state license is required to open a cannabis business in California.  Opening a cannabis 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 a cannabis business operate in the City?

Chapter 20.80 The Zoning Ordinance

Chapter 20.80 of the San Jose Zoning Ordinance regulates the location in the City where medical cannabis collectives, medical cannabis businesses, and non-medical cannabis businesses may locate.

Medical cannabis collectives, medical cannabis businesses, and non-medical cannabis businesses 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 or cannabis business*

*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

Medical cannabis collectives, medical cannabis businesses, and non-medical cannabis businesses can 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 and Non-Medical cannabis business Land Use Ordinance

Noncompliant zoning areas

Medical cannabis collectives, medical cannabis businesses, and non-medical cannabis businesses are not allowed to locate in the following policy areas, business parks or zones:


Are cannabis deliveries allowed in San Jose?

Only Registered Cannabis Businesses that have applied for and received their Notice of Amended Registration are approved to conduct deliveries of cannabis. Any other delivery service, collective, or cannabis business not registered with the City is NOT operating lawfully in accordance with the San Jose Municipal Code.


How many cultivation locations may a registered cannabis business have?

Effective December 2, 2016 Registered Cannabis Businesses may have up to two (2) cultivation locations.  According to San Jose Municipal Code 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 or cannabis business’s sole cultivation site.  The cultivation site may be a separate location or the same location as the sole dispensing site in San Jose.


What are the application & registration fees?

Review the Schedule of Fees and Charges related to the Cannabis Program for all fees and charges related to the cost of the operation of a cannabis business.


Can I open a collective or cannabis business in the City of San Jose?

No, the City of San Jose is NOT accepting applications at this time for any new cannabis businesses (i.e. independent cultivation, distribution, transport or manufacturing companies).


Who can work at a Registered Cannabis Business?

Once an individual is hired by the Registered Cannabis Business, they can begin working once they have submited their employee background application to the Division, submitted fingerprints for a background investigation, and received a Police Department issued Identification Badge according to section 6.88.425 of the San Jose Municipal Code.


Who cannot work at a Registered Cannabis Business?

An individual cannot work at a Registered Cannabis Business if they meet any of the criteria below:

  • Younger than 21
  • On parole/probation for possession, sale, distribution or transportation of controlled substance other than cannabis
  • Have a conviction for a crime of moral turpitude 
  • Have a misdemeanor or felony conviction 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 other than cannabis;
    • Use of money to engage in criminal activity; or
    • Unlawful possession or use of a firearm

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

According to section 6.88.425 of the San Jose Municipal Code, all owners, managers, and individual members engaged in their duties at their cannabis business must wear the police issued identification badge in plain sight at chest level.  Identification Badges expire one (1) year after issuance

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


OUR MISSION: Create safe places to live, work, and learn through community partnerships. The Department maintains
a commitment to the following values: Integrity, Courage, Excellence, Service, Diversity, Innovation, and Respect.