Commercial Cannabis Businesses
On August 7, 2018, the Board of Supervisors adopted Ordinance No. 4512 amending Title 4, Division 10, Chapter 1 and establishing regulations for a commercial cannabis industry. The ordinance allowed for all types of commercial cannabis businesses allowed under state law except outdoor cultivation and cannabis events. However, the ordinance contained a clause stating that the ordinance would not become effective unless or until the cannabis business tax (ultimately known as Measure B) was approved by voters. The Board of Supervisors also directed staff to develop amendments to Title 9, the Development Title, of the San Joaquin County Ordinance Code consistent with Ordinance No. 4512, Title 4, Division 10, Chapter 1.
On November 6, 2018, the voters failed to approve Measure B by the required 66.6%, which meant that the Title 4 Commercial Cannabis Business ordinance never became operational.
However, on May 21, 2019, the Board of Supervisors removed the section requiring a tax and replaced it with a requirement that commercial cannabis businesses obtain a Development Agreement. That ordinance became effective June 20, 2019. Under the new ordinance, allowed commercial cannabis business types are allowed in the unincorporated areas of the County so long as they comply with the operative ordinances: Title 4, Division 10, Chapter 1 Commercial Cannabis Business and the corresponding Title 9, Division 10, Chapter 9-1090 Commercial Cannabis.
On September 10, 2019, the Board amended the ordinance to remove the allowance for Storefront Retail commercial cannabis businesses. No applications for Storefront Retail locations will be accepted. Applications for Non-storefront Retail (delivery) will be accepted.
On November 29, 2022, the Board approved a Development Title update, which became effective on December 29, 2023. Title 9, Division 10, Chapter 9-1090 Commercial Cannabis is now Title 9, Series 400: Additional Use and Development Regulations, Chapter 9-409, Section 9-409.140 Commercial Cannabis. Other general provisions of the updated Development Title may apply to Commercial Cannibis projects.
How do I apply?
The newly adopted ordinances require businesses to have the following cannabis specific approvals for the business and location prior to operation:County Cannabis License
- This will be available on this website and from the County's Environmental Health Department (EHD) in the near future. EHD will be administering and regulating licensed commercial cannabis businesses in the unincorporated County.
- The fees for this license were approved on June 11, 2019.
- These are standard development applications available on this website and from the County's Community Development Department's Planning Division. Each application, except for testing laboratory applicants, must be heard and approved by the County's Planning Commission.
- The County will negotiate a Development Agreement with each applicant once the Use Permit or Special Purpose Plan application has been scheduled for the County Planning Department's Development Committee. The final negotiated Development Agreement will be scheduled for the Planning Commission at the same time as the Use Permit or Special Purpose Plan application.
- Prior to any business operating in the unincorporated County the business must have a valid Annual State License for the type of business identified on its County Cannabis License(s) for the same business location.
The County Community Development Department is currently accepting applications and processing Use Permit and Special Purpose Plan Applications for commercial cannabis businesses. The County Environmental Health Department expects to issue applications and begin processing County Cannabis Licenses in the near future. No land use application will be approved and no Development Agreements will be negotiated until the applicant has applied for the County Cannabis License through the Environmental Health Department.
Questions? Please email mail_outline email@example.com.
For information on commercial cannabis ordinance updates and public hearings sign up for notifications here.