City of Santa Barbara
Regulations for Marijuana Related Commercial Activity
Santa Barbara (Spanish for “Saint Barbara”) is the county seat of Santa Barbara County in the U.S. state of California. Situated on a south-facing section of coastline, the longest such section on the West Coast of the United States, the city lies between the steeply rising Santa Ynez Mountains and the Pacific Ocean. Santa Barbara’s climate is often described as Mediterranean, and the city has been promoted as the “American Riviera”. As of 2014, the city had an estimated population of 91,196, up from 88,410 in 2010, making it the second most populous city in the county after Santa Maria while the contiguous urban area, which includes the cities of Goleta and Carpinteria, along with the unincorporated regions of Isla Vista, Montecito, Mission Canyon, Hope Ranch, Summerland, and others, has an approximate population of 220,000. The population of the entire county in 2010 was 423,895.
City of Santa Barbara Zoning Code SBMC Title 28 28.87.300 Cannabis Cultivation
- B. Cannabis Cultivation for Personal Medical Use. A qualified patient is permitted to engage in indoor or outdoor cannabis cultivation for personal medical use on a single contiguous cultivation site, existing in a horizontal plane not exceeding a footprint of one hundred (100) square feet in area, in any zone, provided that the parcel is occupied by the qualified patient living in a lawful residential unit, but in no event may more than one cultivation site be permitted at any single lawful residential unit.
- C. Commercial Cannabis Cultivation Prohibited. Commercial cannabis cultivation for any purpose or use is prohibited in all zones.
- D. All Other Cannabis Cultivation Prohibited. Except to the extent expressly permitted by this section, cannabis cultivation of any kind and for any purpose shall not be construed as a permitted agricultural or other use in any zone under the Zoning Ordinance.
- E. Permissive Zoning. For the purposes of California Health and Safety Code section 11362.777(b)(3), the Zoning Ordinance shall be construed as establishing permissive zoning so that cannabis cultivation is permitted only where expressly allowed by this section.
- F. Nuisance. Nothing in this section shall be construed to permit the establishment or maintenance of any use which constitutes a public nuisance. (Ord. 5733, 2016.)
City of Santa Barbara Municipal Code SBMC Title 28 : 28.80.100 Sale, Distribution, or Exchange of Medical Marijuana with a Non-Medical Marijuana Collective Member
- A. Transfers to or from a Non-Collective Member. A Storefront Collective Dispensary, including the Management Member operating the Dispensary, shall not cause or permit the sale, distribution, or exchange of medical marijuana or of any edible medical marijuana product to any non-Collective Member or Management Member. No Storefront Collective Dispensary shall possess medical marijuana that was not collectively cultivated by its Management Members or members either at the Property designated for the cultivation or at its prior location allowed in accordance with this Chapter.
- B. Assistance for Edible Marijuana Products. Sales of edible medical marijuana products may be permitted at a Storefront Collective Dispensary and an individual or business within the City which assists a Dispensary in preparing and processing such a product will be deemed by the City as an “individual who provides assistance to a qualified patient or person with an identification card, or his or her designated primary caregiver, in administering medical marijuana to a qualified patient …” as that phrase is used in state Health and Safety Code section 11362.765(b)(3). (Ord. 5526, 2010.)
City of Santa Barbara Municipal Code SBMC Title 28: 28.80.030 Storefront Collective Dispensary – Permit Required to Operate
It shall be unlawful for any person to engage in, to conduct or carry on (or to permit to be engaged in, conducted or carried on) in or upon his or her Property located within the City, the operation of a Storefront Collective Dispensary unless an Applicant has first obtained and continues to maintain in full force and effect a valid Storefront Collective Dispensary Permit issued by the City for that Property pursuant to this Chapter. (Ord. 5526, 2010.)
- G. Storefront Collective Dispensary – Compliance with the Compassionate Use Act of 1996 and SB 420
- 3. Cultivation of Medical Marijuana by the Collective. The collective cultivation of medical marijuana shall be limited to the Collective Members and Management Members. Cultivation of medical marijuana by the Collective Members and the Management Members shall occur exclusively within the boundaries of the counties of Santa Barbara, Ventura, or San Luis Obispo and only at the real property identified for such cultivation on the approved Storefront Collective Dispensary Permit application. No cultivation of medical marijuana at any Property where the marijuana will be visible with the unaided eye from any public or other private property, nor shall cultivated medical marijuana or dried medical marijuana be visible from the building exterior on the Property. No cultivation shall occur at the Property of the Collective unless the area devoted to the cultivation is secured from public access by means of a locked gate and any other security measures necessary to prevent unauthorized entry
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