Despite adopting a moratorium on cannabis businesses on February 1, 2018, the San Bernardino City Council took swift action in adopting three new laws regulating cannabis businesses, personal cultivation, and public consumption of cannabis on February 21, 2018. The second reading of the new ordinances is scheduled for March 7, 2018, and they will be effective April 7, 2018.
The first ordinance relates to marijuana business permits for indoor and mixed-light cannabis cultivation, manufacturing, distribution, transportation, testing, and dispensing of both medical and adult-use cannabis. The City of San Bernardino established a maximum limit of one cannabis business per 12,500 residents (approximately 17 businesses) but the law does not mandate the issuance of any cannabis permits. Initial cannabis permits will be issued for 12 months. A local cannabis permit is a prerequisite to obtain a California cannabis license.
The permitted zones for cannabis businesses are much more expansive than the designated zones of the three marijuana ballot measures considered by San Bernardino voters in November 2016. The law further incorporates a buffer zone of 600 feet from sensitive uses such as residences, schools, day care centers, youth centers, and parks. Several other standard regulations are also set forth for each type of cannabis business. Future resolutions of the San Bernardino City Council will determine how many of each type of cannabis business will be permitted, what fees will be assessed, and what process and criteria will be utilized. The City Council will have the final decision on the issuance of the local cannabis permits.
The second ordinance regulates public consumption of marijuana. Cannabis smoking is prohibited in any unenclosed area that is within 1000 feet of schools, day care centers, youth centers, alcohol rehabilitation center, substance abuse facilities, libraries, parks, bicycle paths or any other area in which the primary purpose is used for minors. Cannabis smoking is also prohibited in unenclosed places of employment, public places, dining areas, recreational areas and service areas.
The third ordinance bans outdoor marijuana cultivation for personal use. It imposes a six-plant limit, requires compliance with the electrical, building, and fire codes, and mandates an on-line registration program with a fee. A ventilation and filtration system is also required to control odors emanating from the structure.
Ultimately, there is much more work to be done by City staff and City Council before there will be clear guidance on the future of commercial cannabis businesses in San Bernardino. Read more about California cannabis law.
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