- Posted by Laura Croft, Esq
- On January 5, 2017
- cannabis, cultivation, marijuana dispensaries, Medical Marijuana, Permitting, regulation, retail, Sacramento
On November 21, 2016, Sacramento City Council, voted 5-3 to pass an ordinance that approves and regulates marijuana cultivation in Sacramento city limits. The amended Planning and Development Code,
Title 17, allows cultivation in specified industrial, agricultural, and commercial zones. According to the new ordinance, the buildings that house cultivations can be up to 22,000 square feet, which is roughly the size of four and a half NBA basketball courts.
With the ordinance, Sacramento becomes the largest city in California to approve large-scale cultivation. Potential growers will need to apply for a permit through the city in order to cultivate. The number of permits the city will issue is still being considered by the council. The buildings must be zoned for agriculture or for commercial use and cannot be near a park or school.
The cultivation of cannabis is set to skyrocket, with the potential for 20,000 jobs and $2.2 million dollars in revenue for a general fund. The question from a retail perspective is whether any of this cannabis is going to find its way to store-front dispensaries in Sacramento County? Currently, most cities within Sacramento County prohibit medical and recreational cannabis dispensaries, but a few are allowing some retail activity or leaving the door open for future permitting.
Where To Set Up Shop
1. City of Sacramento: Retail Approved
Pursuant to Sacramento Municipal Code 17.228.705 a medical marijuana dispensary must obtain and maintain at all times a valid medical marijuana dispensary permit as required by chapter 5.150. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1). Municipal Code section 5.150.030 also directs that a Medical Marijuana Dispensary permit is required to operate.
- No person shall operate a medical marijuana dispensary unless the dispensary has a valid medical marijuana dispensary permit issued pursuant to this chapter.
- Neither the obtaining of a dispensary permit nor compliance with the operating standards provided in this chapter shall excuse any violation of this code or state law. (Ord. 2010-037 § 1).
2. Citrus Heights: Dispensaries are prohibited (Sec. 47-3).
Medical marijuana dispensaries are prohibited in the city of Citrus Heights. It shall be unlawful for any person to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of a medical marijuana dispensary.
3. Elk Grove: Dispensaries are prohibited (Sec. 9.31.030).
Medical marijuana dispensaries are prohibited in the city of Elk Grove and it shall be unlawful for any person to operate or permit to be operated a medical marijuana dispensary in or upon any premises in the City. (Ord. 19-2010 §1, eff. 10-8-2010).
Delivery of medical marijuana, medical cannabis, medical cannabis product, or cannabis product within the City is prohibited, and it shall be unlawful for any person to deliver medical marijuana, as specified herein and in California Business and Professions Code Section 19340, within the City. (Ord. 9-2016 §3, eff. 6-10-2016, Sec. 9.31.035).
4. Folsom: Medical cannabis cultivation and dispensaries prohibited.
- Dispensaries prohibited: FMC § 112.020 (Ord. 1059 § 2 (part), 2006). The Folsom Municipal Code is current through Ordinance 1264, passed October 11, 2016.
- Cultivation prohibited. FMC § 114.030 (Ord. 1251 § 3 (part), 2016).
5. Galt: Medical cannabis cultivation and dispensaries prohibited. (Sec. 18.58.050; GMC 18.28.050).
- Dispensaries prohibited. (Downtown zoning district land uses and permit requirements) (Ord. 2015-05).
- Cultivation prohibited: Cultivation of marijuana by any person, including primary caregivers and qualified patients, collectives, cooperatives or dispensaries, for any purpose is prohibited on any parcel in the City of Galt, and is expressly declared to be a public nuisance.
6. Isleton: Medical cannabis cultivation and dispensaries prohibited.
City Council passed a marijuana ordinance in November 2015. A five year moratorium on the cultivation and dispensing of marijuana was included in the ordinance. The ordinance further stated that if marijuana was legalized there would never be more than one dispensary allowed in Isleton.
Isleton’s population has dwindled to approximately 800, give or take. Today the general fund collects roughly $500,000 a year, compared to a city debt that has reached $1.6 million. Isleton may reconsider its’ present ordinance and turn to the cannabis industry, as a potential source of revenue and economic stimulation, in the future.
7. Rancho Cordova: Medical cannabis cultivation and dispensaries prohibited.
- Dispensaries prohibited: Medical marijuana dispensaries are prohibited in the city of Rancho Cordova. It shall be unlawful for any person to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city of Rancho Cordova, the operation of a medical marijuana dispensary. (Ord. 16-2013 § 2; Ord. 15-2013 § 4).
- Cultivation prohibited:
- Outdoor cultivation prohibited. Rancho Cordova Municipal Code (RCMC) 6.90.030 (Ord. 1-2015 § 2; Ord. 17-2010 § 2).
- Indoor cultivation permitted in single-family homes by resident patients or caregivers, with restrictions on square foot and a permit required (RCMC 6.90.040). Permit required, tax imposed. RCMC § 3.85 (Ord. 19-2010 § 1).
We invite you to contact CannaBusinessLaw for expert assistance with cannabis licensing, permitting, and compliance relating to commercial cannabis in California.