City of San Jose

Regulations for Marijuana Related Commercial Activity

Santa Clara County –> San Jose

City Description

San Jose (/ˌsæn hoʊˈzeɪ/; Spanish for Saint Joseph), sometimes stylized as San José, is the third-largest city by population in California, the tenth-largest by population in the United States,and the county seat of Santa Clara County. San Jose is the largest city within the Bay Area and the largest city in Northern California.

By the 1990s, San Jose’s location within the booming local high tech industry earned the city the nickname “Capital of Silicon Valley”. San Jose is now considered to be a global city, and notable for its affluence and high cost of living. The U.S. Census Bureau estimated the population of the city to be 1,015,785 as of July 1, 2014.

San Jose is the county seat of Santa Clara County. Accordingly, many county government facilities are located in the city, including the office of the County Executive, the Board of Supervisors, the District Attorney’s Office, eight courthouses of the Superior Court, the Sheriff’s Office, and the County Clerk.



San Jose Municipal Code 6.88.430 – Cultivation of medical marijuana

  • D. No collective shall allow more medical marijuana or plants per member, other than the amounts permitted pursuant to state law, to be stored or provided at the collective’s premises. All medical marijuana possessed by a collective must be stored on the collective’s premises.
  • E. The cultivation of medical marijuana outdoors is prohibited within the City of San José.
  • F. Every collective shall maintain complete records regarding the amount of medical marijuana cultivated, processed, stored, manufactured or destroyed at its cultivation site.
  • G. All water used in the cultivation of medical marijuana shall be legally obtained and shall be applied in accordance with state and local laws.
    (Ords. 29421, 29664.)

6.88.262 – Personal use cultivation

“Personal use cultivation” includes cultivation by either of the following:

  • A. An individual qualified patient or primary caregiver of qualified patients who cultivates medical marijuana at the residence of the qualified patient or primary caregiver, in strict accordance with California Health and Safety Code Sections 11362.5 et seq.; or
  • B. An association of less than four individuals who are qualified patients and primary caregivers of qualified patients and who associate at the residence of one of the qualified patients or primary caregivers to collectively or cooperatively cultivate medical marijuana, in strict accordance with California Health and Safety Code Sections 11362.5 et seq.



6.88.430 – Cultivation of medical marijuana

  • C. The extraction and refinement of chemical compounds from medical marijuana by way of a solvent-based method utilizing compressed flammable gases or alcohol is prohibited. No collective shall possess, dispense or transport any medical marijuana manufactured by such method.

All extraction and refinement equipment used by a collective shall be subject to review by, and approval of, the city pursuant to building codes.



The City of San José’s medical marijuana program regulates:

  • Where medical marijuana collectives can operate;
  • Who can operate medical marijuana collectives; and
  • How medical marijuana collectives can operate.

The City’s regulations apply to all types of medical marijuana operations including collectives, dispensaries, manufacturing facilities, delivery services, cultivation, extraction, etc. It is illegal for any marijuana entity to operate in San José without first getting a Notice of Completed Registration as a Medical Marijuana Collective from the City. Violators are subject to closure and fines of up to $50,000 per offense, per day, as well as criminal prosecution.

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