City of Oakland

Regulations for Marijuana Related Commercial Activity

Alameda County –> City of Oakland

City Description

Oakland is a major West Coast port city in the U.S. state of California. Oakland is the third largest city in the San Francisco Bay Area, the eighth-largest city in California, and the 45th-largest city in the U.S., with a population of 413,775 as of 2014.[14] It serves as a trade center for the San Francisco Bay Area; its Port of Oakland is the busiest port for San Francisco Bay, all of Northern California, and fifth busiest in the United States. Incorporated in 1852, Oakland is the county seat of Alameda County. It is also the principal city of the Bay Area Region known as the East Bay. The city is situated directly across the bay, six miles (9.7 km) east of San Francisco.

CULTIVATION

APPROVED

* Oakland is currently accepting permit applications

Oakland Regulations for Marijuana Related Commercial activity – Cultivation 5.81.030 – Permit required

It is unlawful to establish any cultivation and manufacturing facility without a valid business permit issued pursuant to the provisions of this Chapter. The City Administrator shall issue, as detailed below, special business permits for the operation of industrial cannabis cultivation processing and manufacturing facilities. The City Administrator shall issue in the first year of this cultivation and manufacturing facility program no more than four permits. Two years after the first permit has been issued, the City Administrator shall return to the City Council to report on the development of this program, and determine how additional permits to meet the needs of medical cannabis dispensaries and other lawful cannabis providers shall be administered, if any.

5.81.040 – Industrial cultivation of medical marijuana

Any use or activity that involves possessing, cultivating, processing and/or manufacturing and/or more than 96 square feet of cultivation area shall constitute industrial cultivation of medical cannabis and shall only be allowed upon the granting of a permit as prescribed in this Chapter. Possession of other types of State or City permits or licenses does not exempt an applicant from the requirement of obtaining a permit under this Chapter.

5.81.101 – Residential and individual limits for non-licensed medical cannabis cultivation

A collective or cooperative of qualified patients or primary caregivers, may cultivate medical cannabis covering an area of no more than 32 square feet in a residential unit or if in a nonresidential building on one parcel of land per each member of the cooperative or collective, up to a maximum of 216 cannabis/marijuana plants within a maximum growing area of 96 square feet indoor or 60 outdoor cannabis/marijuana plants on one parcel of land.

5.81.110 – Prohibited operations

All cultivation, processing, and manufacturing facilities that do not have a permit under this Chapter are expressly prohibited.

MANUFACTURING

APPROVED

Manufacturing 5.81.030 – Permit required

It is unlawful to establish any cultivation and manufacturing facility without a valid business permit issued pursuant to the provisions of this Chapter. The City Administrator shall issue, as detailed below, special business permits for the operation of industrial cannabis cultivation processing and manufacturing facilities. The City Administrator shall issue in the first year of this cultivation and manufacturing facility program no more than four permits. Two years after the first permit has been issued, the City Administrator shall return to the City Council to report on the development of this program, and determine how additional permits to meet the needs of medical cannabis dispensaries and other lawful cannabis providers shall be administered, if any.

RETAIL

APPROVED

Retail 5.80.020 – Business permit required and application for permit

It is unlawful for any owner, operator, or association to own, conduct, operate or maintain, or to participate therein, or to cause or to allow to be conducted, operated, or maintained, any dispensary in the City unless there exists a valid business permit in compliance with the provisions of Chapter 5.02 and a permit issued under this chapter. The City Administrator shall issue no more than eight valid permits for the operation of dispensaries in the City.

5.80.060 – Profit

The dispensary shall not profit from the sale or distribution of marijuana. Any monetary reimbursement that members provide to the dispensary should only be an amount necessary to cover overhead costs and operating expenses. Retail sales of medical marijuana that violate California law or this chapter are expressly prohibited.
(Ord. No. 13086, § 1, 7-26-2011)

Types of Licenses Available:  Dispensary/Delivery-Only Dispensary.

Amendments to OMC 5.80 provide for medical cannabis dispensary permits:

  1. Any dispensary, delivery or delivery-only dispensary must have a valid business permit.
  2. The one significant restriction is that the City Administrator shall issue no more than eight new valid permits for the operation of dispensaries in the City per year.
  3.  Delivery-only dispensaries are not subject to this limit.

5.80.025 – Onsite consumption permit

An applicant must obtain a secondary onsite consumption permit in order for cannabis to be consumed on the premises of the dispensary. An onsite consumption permit may be issued at the discretion of the City Administrator to existing dispensaries in good standing following a public hearing conducted according to the requirements of Chapter 5.02. and based on an evaluative point system that takes into consideration the operating history and business practices of the applicant, and any other factors that are deemed necessary to promote the peace, order and welfare of the public. All onsite consumption permits shall be special business permits and shall be issued for a term of one year.

CannaBusiness Law has established prominence as a cutting edge leader and pioneer in providing the highest quality legal expertise in the Cannabis industry.

Contact CannaBusiness Law Today To Provide Expert Assistance In Compliance With Cannabis Licensing, Permitting and the Application Process Relating To Commercial Activity.

CITY-SPECIFIC NEWS AND UPDATES