Per California Executive Order N-33-20, the cannabis industry has been identified as essential.
Development permits that have not expired before March 12, 2020, will be granted a 365-day extension of the Development Permit expiration date in addition to any extensions already permitted by the San Diego Municipal Code unless the State dictates otherwise. However, this 365-day extension only applies to cannabis outlet and production facility Conditional Use Permits that have been issued pursuant to San Diego Municipal Code Sections 141.0504 and 141.1004, which have not expired prior to March 12, 2020, and have been utilized by the effective date of Ordinance No. O-21198 on June 2, 2020.
The City of San Diego has adopted local laws authorizing cannabis businesses within the City limits.
As mandated by the passage of The Control, Regulate and Tax Adult Use of Cannabis Act (Prop 64) on Nov. 8, 2016, San Diego Municipal Code (SDMC) regulations and ordinances now outline the City's definition and requirements for cannabis businesses, including Cannabis Outlets, Cannabis Production Facilities and testing facilities.
Cannabis Production Facilities
Cannabis Outlets
Cannabis Testing Facilities
General Restrictions
Legislative Timeline
Background Checks and Operating Permit
Cannabis Code Updates
Cannabis Production Facilities (Facilities):
These facilities include operations involving:
Agricultural raising, harvesting and processing of cannabis;
Wholesale distribution and storage of cannabis and cannabis products; and/or
Production of goods from cannabis and cannabis products is consistent with the California departments of Food and Agriculture, Consumer Affairs and Public Health.
Facilities are limited to a maximum of 40 Citywide.
Retail sales and testing are prohibited.
Must be located:
1,000 feet from resource- or population-based city parks, churches, childcare centers, playgrounds, libraries, minor-oriented facilities, residential care facilities and schools; and
100 feet from residential zones.
There are no separation requirements from other Facilities or Cannabis Outlets.
A Conditional Use Permit is required in accordance with a Process Three decision by the Hearing Officer. The Hearing Officer's decision is appealable to the Planning Commission. For more details, including a summary of the Facility permitting process, and links to helpful information, refer to Information Bulletin 171.
The List of Pending Cannabis Production Facility Applications includes Cannabis Production Facility Conditional Use Permit applications that have been deemed complete and are currently in review as of the first business day of the month. For more detailed information, search for the status of each project.
Permitted Locations
This map identifies Cannabis Production Facilities' addresses with approved Conditional Use Permit numbers, associated discretionary project numbers, and dates of approval.
Cannabis Outlets:
Cannabis Outlets are establishments (retail, medicinal or combination) operating with a Conditional Use Permit where cannabis, cannabis products and cannabis accessories are sold to the public.
Outlets are limited to a maximum of four per Council District, 36 citywide.
1,000 feet from resource- or population-based city parks, other outlets, churches, childcare centers, playgrounds, libraries, minor-oriented facilities, residential care facilities and schools; and
A Conditional Use Permit (CUP) is required in accordance with a Process Three decision by the Hearing Officer. The Hearing Officer's decision is appealable to the Planning Commission. For more details, including a summary of the Outlet permitting process, and links to helpful information, refer to Information Bulletin 170.
The List of Pending Cannabis Outlet applications includes Cannabis Outlet Conditional Use Permit applications that have been deemed complete and are currently in review as of the first business day of the month. For more detailed information, search for the status of each project.
This map identifies the addresses of Cannabis Outlets with approved Conditional Use Permit numbers, associated discretionary project numbers, and dates of approval.
Cannabis Testing Facilities:
Testing for scientific research (including cannabis testing) that leads to the development of new products and processes is allowed as an Industrial Use. Testing Labs are permitted in limited commercial and industrial zones. Because these types of uses are allowed by right in specified zones and do not require the issuance of a development permit, these applications are not specifically tracked.
General Restrictions:
Deliveries are permitted as an accessory use only from Cannabis Outlets with a valid Conditional Use Permit.
Curbside pickups are temporarily allowed for Outlets.
Sale and distribution of cannabis and cannabis by-products at special events are prohibited.
The outdoor growing of personal residential cannabis is prohibited.
No smoking in public places or on business premises is allowed.
Legislative Timeline:
March 25, 2014 - The City adopts Ordinance No. O-20356, which implements zoning regulations for MMCCs.
Nov. 8, 2016 - San Diego voters pass Measure N, Non-Medical Cannabis Tax, which imposed a gross receipts tax on non-medical cannabis businesses that operate or provide services within the City. The tax applies to non-medical cannabis business activities, including but not limited to transporting, manufacturing, cultivating, packaging or retail sales. Businesses are initially taxed at a rate of 5 percent of monthly gross receipts and will increase to 8 percent on July 1, 2019. This increase cannot exceed 15 percent of gross receipts. Learn more at the Cannabis Business Tax web page.
Nov. 9, 2016 - Control, Regulate and Tax Adult Use of Marijuana Act becomes law and allows for recreational cannabis sales in California by January 2018.
Feb. 22, 2017 - The City adopts Ordinance No. O-20793, which replaces the MMCC use with a new retail sales use category, Cannabis Outlet. It became effective in areas of the City of San Diego outside of the Coastal Overlay Zone on April 12, 2017, and within the Coastal Overlay Zone on Oct. 12, 2017.
Sept. 11, 2017 - Ordinance No. O-20859 is introduced to regulate the cannabis industry relative to commercial cultivation, manufacturing, storage and distribution of medical and recreational cannabis and cannabis products and to allow by-right cannabis testing labs. It became effective on Nov. 17, 2017, in areas of the City of San Diego outside of the Coastal Overlay Zone, and on Feb. 8, 2018, in areas located within the Coastal Overlay Zone.
Ordinances:
Ordinance No. O-20793 - Related to Cannabis Outlets
Ordinance No. O-20858 - Related to MPFs and the distribution and transport of Cannabis and Cannabis products
Ordinance No. O-20859 - Related to testing and MPFs
Ordinance No. O-21163 – Related to cannabis regulations as part of the 12th Update (Phase Two) of the Land Development Code
Ordinance No. O-21174 – Related to restricting the billboard advertising of cannabis and cannabis products
Cannabis Code Updates:
2019-10-01 Memo on Cannabis Permitting
2019-09-26 DSD Cannabis Permitting Presentation to Planning Commission
Ordinance No. O-21163 – Cannabis Production Facilities with an approved Zoning Use Certificate and Business Tax Certificate issued before Jan. 31, 2017, shall cease use or obtain all approvals required to operate by Oct. 17, 2021.
12th Update, Phase 3: O-21221
Background Checks and Operating Permit:
Cannabis Outlets and Cannabis Production Facilities with approved Conditional Use Permits must comply with SDMC Section Chapter 4, Article 2, Division 15, the regulating CUP, and all applicable City, County, State and Federal Regulations. Applicant Instructions can be found here. To initiate this compliance process, please email DSDCannabis@sandiego.gov.
Any other permits or licenses required by law must be obtained from the appropriate agency. For State of California Cannabis requirements and regulations, please refer to the following agencies:
California Cannabis Portal
Bureau of Cannabis Control (BCC)
CalCannabis Cultivation Licensing
Manufactured Cannabis Safety Branch
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