San Bernardino County

Regulations for Cannabis Related Commercial Activity

County Description

San Bernardino is a city located in the Riverside-San Bernardino metropolitan area (sometimes called the “Inland Empire”). It serves as the county seat of San Bernardino County, California, United States. As one of the Inland Empire’s anchor cities, San Bernardino spans 81 square miles (210 km2) on the floor of the San Bernardino Valley, and has a population of 209,924 as of the 2010 census

Political Statistics

County Board of Supervisors

State Senate

CA State Senate (District 20 and District 23)
Senator Connie Leyva -DEM and Senator Mike Morrell -REP

State Assembly

CA State Assembly (District 40 and District 47)
Assembly Member Marc Steinorth -REP and Assembly Member Cheryl Brown -DEM

US Congress

U.S. Congress – House of Representatives (31st District)
Pete Aguilar -DEM

US Senators

U.S. Senators –State of California
Barbara Boxer and Diane Feinstein

City-Level Cannabis Laws

CULTIVATION

BANNED

CHAPTER 84.34:  COMMERCIAL CANNABIS ACTIVITY

84.34.010  Purpose.

The purpose of this Chapter is to prohibit, to the maximum extent allowed under State law, the operation of commercial cannabis activity, with limited exceptions, within the unincorporated area of the County, pursuant to the authority granted by Article XI, section 7 of the California Constitution, Business and Professions Code §§ 19300 et seq., Government Code §§ 25845, 53069.4, and 65850, and Health and Safety Code §§ 11362.83 and 11362.768(f).

(Ord. 4309, passed – -2016)

84.34:   Commercial Cannabis Activity

84.34.030   Prohibition of Commercial Cannabis Activity.

Except as expressly provided by §§ 84.34.040 and 83.34.050, commercial cannabis activity shall not be considered a permitted or conditionally permitted use in any land use zoning district.  Commercial cannabis activity, including delivery, is prohibited in all land use zoning districts, as those may be amended from time to time, and no permit of any type shall be issued therefor.  It shall be unlawful for any person to conduct, cause to be conducted, or permit to be conducted, a commercial cannabis activity within the unincorporated area of the County.  This Section shall not affect the right to possess or use cannabis as authorized by Federal or State law.

(Ord. 4309, passed – -2016)

84.34.040   Exemption for Cultivation by Specified Persons.

Notwithstanding § 84.34.030, the prohibition concerning commercial cannabis activity does not apply to a person with an identification card cultivating cannabis for his or her personal medical use or to a primary caregiver cultivating cannabis for the personal medical use of no more than five specified persons with identification cards, subject to the following requirements:

   (a)     The cannabis is not sold, distributed, donated, or provided to any other person or entity.

   (b)     A primary caregiver may only receive compensation in full compliance with Health and Safety Code § 11362.765, subdivision (c).

(c)       Cultivation may only be conducted indoors at the private residence of the person with an identification card or the primary caregiver of the person with an identification card.

  (d)       Cultivation shall be limited to no more than:

(1)         Twelve cannabis plants per person with an identification card or primary caregiver per private residence; and,

(2)       An aggregate total of 24 cannabis plants per private residence when more than one person with an identification card or primary caregiver lives at the private residence.

MANUFACTURING

BANNED

Please contact your local officials and let them know you oppose the MANUFACTURING BAN.

This information will be updated as progress continues.

Please CALL US if you would like further information or updates on pending legislation .

RETAIL

BANNED

84.34.040   Exemption for Cultivation by Specified Persons.

Notwithstanding § 84.34.030, the prohibition concerning commercial cannabis activity does not apply to a person with an identification card cultivating cannabis for his or her personal medical use or to a primary caregiver cultivating cannabis for the personal medical use of no more than five specified persons with identification cards, subject to the following requirements:

    (a)     The cannabis is not sold, distributed, donated, or provided to any other person or entity.

   (b)     A primary caregiver may only receive compensation in full compliance with Health and Safety Code § 11362.765, subdivision (c).

(c)       Cultivation may only be conducted indoors at the private residence of the person with an identification card or the primary caregiver of the person with an identification card.

  (d)       Cultivation shall be limited to no more than:

 (1)         Twelve cannabis plants per person with an identification card or primary caregiver per private residence; and,

(2)       An aggregate total of 24 cannabis plants per private residence when more than one person with an identification card or primary caregiver lives at the private residence.

 (e)     A private residence where cultivation occurs must be a fully enclosed structure, that includes solid walls, and a ceiling, roof, or top.  Cultivation of cannabis plants within the limitations described above must be conducted in one distinct designated cultivation area within the private residence.  The designated cultivation area must be separately secured and locked from all other uses of the private residence, such that all cannabis plants are reasonably secured from theft and from access by minors or other unauthorized persons.  The cultivation must not be perceptible from the exterior of the private residence, by means, including but not limited to:

 (1)      Common visual observation, including any form of signage;

 (2)       Odors, smells, fragrances, or other olfactory stimulus generated by the cultivation;

(3)         Light pollution, glare, or brightness of artificial illumination associated with the cultivation.

   (f)      The cultivation must be subordinate, incidental, and accessory to the residential use.

   (g)     The designated area where cannabis is cultivated must be in full compliance with all other applicable requirements of the County Code, including, but not limited to, the building, safety, and technical codes and requirements relevant to obtaining necessary building, plumbing, electrical, mechanical, or other permits, inspection of the residence, and the issuance of a certificate of occupancy.

(h)        The cultivation of cannabis shall not occur outdoors in the yard, curtilage, or other area outside of a private residence.

(i)        No cultivation is permitted within the common areas of a multi-family dwelling, residential development, mobile home park, or other similar residential arrangements.

(k)       If the person with an identification card or a primary caregiver cultivates cannabis within any private residence that he or she does not own, written consent must be obtained from the property owner prior to commencing the cultivation of cannabis plants on the property.  Such written documentation shall include the property owner’s express consent to the cultivation of cannabis within the residence, and to any material alterations to the private residence associated with the cultivation of cannabis plants, including but not limited to alterations to walls, windows, ventilation, plumbing, or electrical, in addition to obtaining all necessary building permits.  The written consent must be maintained at the private residence and provided upon request to an enforcement officer.

(l)       All cultivation must be conducted in full compliance with the Compassionate Use Act (Health and Safety Code § 11362.5), the Medical Marijuana Program (Health and Safety Code §§ 11362.7 et seq.) and the Medical Marijuana Regulation and Safety Act (Business and Professions Code §§ 19300 et seq.), as currently enacted or hereafter amended.

(m)       The following activities shall not be permitted pursuant to this exemption, but such restrictions shall not be deemed to prohibit the use of lawful fertilizers, additives, supplements or nutrients:

 (1)         Any activity involving the use of a chemical or other process to enhance tetrahydrocannabinol (THC) in cannabis; or

                         (2)       The manufacture of cannabis product.

 (n)       Cultivation shall not occur within any private residence containing a child day care, as defined by § 810.01.060, subdivision (e).

(o)       A primary caregiver shall provide the identification card number of each of his or her patients to enforcement officers, upon request, when acting in the course of their official duties while investigating compliance with the requirements of this Chapter.

(p)     If, after the adoption of this Chapter, any Federal or State law is passed which requires the County to allow the cultivation of cannabis by any persons not included within the exemption stated above, the exemption shall be expanded to include those persons specifically identified by said Federal or State law, upon the date the law becomes effective.  Any plant limitations imposed by said Federal or State law, if in an amount less than specified in this Section, shall apply to the additional exempted persons.  All other provisions of this Section shall apply to the additional exempted persons.  It is the intent of this provision that the cultivation of cannabis within the unincorporated areas of the County is as restrictive as allowed under State law.

(Ord. 4309, passed – -2016)

84.34.050   Exemption for Primary Caregiver Affiliated with Licensed Facility.

(a) Notwithstanding § 84.34.030, the prohibition against commercial cannabis does not apply to a person designated as a primary caregiver by a qualified patient or person with an identification card, if such primary caregiver is the owner or operator of one of the following licensed facilities, or is one of no more than three employees who are designated by the owner or operator of one of the following licensed facilities:

 (1)        A clinic licensed pursuant to Chapter 1 (commencing with § 1200) of Division 2 of the Health and Safety Code;

(2)        A health care facility licensed pursuant to Chapter 2 (commencing with § 1250) of Division 2 of the Health and Safety Code;

(3)         A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with § 1568.01) of Division 2 of the Health and Safety Code;

(4)         A residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with § 1569) of Division 2 of the Health and Safety Code;

(5)         A hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with § 1725) of Division 2 of the Health and Safety Code.

(b)      Before commencing a commercial cannabis activity, operators of those entities or facilities listed above shall register with the Land Use Services Department, and renew said registration on an annual basis.  Upon said registration and each renewal thereof, the operator shall provide proof of a valid license as provided by Chapters 2, 3.01, 3.2, 8 and/or 8.5 of Division 2 of the Health and Safety Code.

   (c)      No facility or entity listed above shall conduct outdoor cultivation of cannabis.

(Ord. 4309, passed – -2016)

 

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