Santa Clara County

Regulations for Cannabis Related Commercial Activity

County Description

Santa Clara County, California, officially the County of Santa Clara, is a county located in the U.S. state of California. As of the 2010 census, the population was 1,781,642. The county seat is San Jose, the tenth-most populous city in the United States.

Santa Clara County is included in the San Jose-Sunnyvale-Santa Clara, CA Metropolitan Statistical Area as well as the San Jose-San Francisco-Oakland, CA Combined Statistical Area. Located at the southern end of the San Francisco Bay, the highly urbanized Santa Clara Valley within Santa Clara County is also known as Silicon Valley. Santa Clara is the most populous county in the San Francisco Bay Area region, and one of the most affluent counties in the United States.

Political Statistics

County Board of Supervisors

State Senate

CA State Senate (District 10, District 13, District 15 and District 17)
Senator Bob Wieckowski -DEM, Senator Jerry Hill -DEM, Senator Jim Beall -DEM and Senator Bill Monning -DEM

State Assembly

CA State Assembly (District 24, District 25, District 27, District 28 and District 29)
Assembly Member Rich Gordon -DEM and Assembly Member Kansen Chu -DEM and Assembly Member Nora Campos -DEM and Assembly Member Evan Low -DEM, Assembly Member Mark Stone -DEM and Assembly Member Luis Alejo -DEM

US Congress

U.S. Congress – House of Representatives- (17th District, 18th District, 19th District and 20th District)
Senator Mike Honda -DEM, Senator Anna Eshoo -DEM, Senator Zoe Lofgren -DEM and Senator Sam Farr -DEM

US Senators

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

City-Level Cannabis Laws

CULTIVATION

APPROVED

Division B26.5 – MEDICINAL MARIJUANA CULTIVATION Sec. B26.5-3. – Marijuana cultivation—Prohibited

  • A. Outdoor cultivation of marijuana is prohibited in the unincorporated area of the county.
  • B. Indoor cultivation of marijuana is prohibited in the unincorporated area of the county.
  • C. This section shall not apply to cultivation of medicinal marijuana by a qualified patient or primary caregiver at any residence on a legal parcel where the qualified patient or primary caregiver resides, provided that the cultivation is performed in strict compliance with the regulations of this division and applicable state law.
    (Ord. No. NS-300.884, § 1, 10-20-15)

Sec. B26.5-4. – Medicinal marijuana cultivation—Regulations

  • A. Medicinal marijuana cultivation by a qualified patient or primary caregiver at any residence on a legal parcel where the qualified patient or primary caregiver resides is limited to one of the following:
    • 1. Indoor cultivation, provided that the cultivation is performed in strict compliance with section B26.5-5.
    • 2. Outdoor cultivation, provided that the cultivation is performed in strict compliance with section B26.5-6.

Sec. B26.5-5. – Additional regulations for indoor cultivation

In addition to the regulations specified in section B26.5-4, the following regulations shall apply to any qualified patient or primary caregiver performing indoor cultivation:

  • A. Cultivation shall be limited to a single space in a single room. The single space in the single room shall be no larger than 50 square feet. All marijuana plants cultivated indoors shall be arranged in a single layer. This limit shall apply notwithstanding the number of qualified patients and/or primary caregivers residing at the residence.
  • B. Indoor cultivation shall be secured in a manner to prevent unauthorized access, including by children.
  • C. The drying, processing, and/or storage of medicinal marijuana shall be limited to a single room within the residence where the cultivation occurs and must be secured in a manner to prevent unauthorized access, including by children.
    (Ord. No. NS-300.884, § 1, 10-20-15)

Sec. B26.5-6. – Additional regulations for outdoor cultivation

In addition to the regulations specified in section B26.5-4, the following regulations shall apply to any qualified patient or primary caregiver performing outdoor cultivation:

  • A. Cultivation is prohibited as follows:
    • 1. For parcels 10,000 square feet or larger:
      • a. Within 1,000 feet of any park.
      • b. Within 1,000 feet of any school bus stop, school, day care center, college, or university.
      • c. Within 25 feet of any property line.
      • d. In the front yard of any parcel.
    • 2. For parcels smaller than 10,000 square feet:
      • a. Within 1,000 feet of any park.
      • b. Within 1,000 feet of any school bus stop, school, day care center, college, or university.
      • c. Within 25 feet from any property line, or within 30 percent of the average lot width from any property line, whichever is smaller.
      • d. In the front yard of any parcel.
  • B. Cultivation shall be limited to a total of 12 marijuana plants at the legal parcel of the qualified patient’s or primary caregiver’s residence. This limit shall apply notwithstanding the number of qualified patients and/or primary caregivers residing at the legal parcel.
  • C. Cultivation shall be enclosed by a fence with a locking gate and shall at no time exceed the height of the fence. Any such fence shall be permitted and constructed in compliance with all zoning, planning, and building ordinances.
  • D. The drying, processing, and/or storage of medicinal marijuana cultivated outdoors shall be limited to a single room at the residence where the outdoor cultivation occurs and must be secured in a manner to prevent unauthorized access, including by children.
    (Ord. No. NS-300.884, § 1, 10-20-15)

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

Division B26 – MEDICINAL MARIJUANA DISPENSARIES Sec.

B26-1. – Intent

  • This division shall prohibit the establishment or operation of any medicinal marijuana dispensary, as defined herein, in the unincorporated area of Santa Clara County.
    (Ord. No. NS-300.878, § 1, 8-26-14)

Sec. B26-2. – Definition

  • As used in this division, “medicinal marijuana dispensary” shall mean any facility or location where an incorporated or unincorporated association, composed of four or more individuals who are qualified patients or primary caregivers, as defined in California Health and Safety Code Section 11362.5 et seq., associate to cultivate, distribute, sell, transmit, give, or otherwise provide marijuana for medical purposes.
    (Ord. No. NS-300.878, § 1, 8-26-14)

Sec. B26-3. – Medicinal marijuana dispensary—Prohibited

  • A medicinal marijuana dispensary is prohibited in the unincorporated area of the County.
    (Ord. No. NS-300.878, § 1, 8-26-14)

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 Cannabis in California.

COUNTY-SPECIFIC NEWS AND UPDATES