San Bernardino County cannabis laws

 

The following summary of San Bernardino County cannabis laws is for informational purposes only. If you need legal advice, consult an attorney.

San Bernardino County banned the outdoor cultivation of medical cannabis in 2011 with the passage of Ordinance 4140. The relevant sections of the San Bernardino County Code appear below:

Sec. 82.02.070 Medical Marijuana Dispensaries, Registration, Outdoor Cultivation.

(a) Notwithstanding Section 82.02.030(a)(3), in no event shall a medical marijuana dispensary as defined in Section 810.01.150 be considered a permitted or conditionally permitted use in any land use zoning district. A medical marijuana dispensary is prohibited in all land use zoning districts, as those may be amended from time to time, and no permit of any type shall be issued therefor. This section shall not affect the right to possess, use or cultivate marijuana for medicinal purposes as is presently authorized or prohibited by the laws of the State of California as set forth in the Health and Safety Code, Penal Code, or other state law, or by any federal law.

(b) Before commencing the cultivation and/or distribution of medical marijuana, operators of those facilities listed under Section 810.01.150(r)(2) shall register with Environmental Health-Land Use Services, and renew said registration on an annual basis. Upon said registration and each renewal thereof, the operator shall provide proof of a valid license as provided by Chapters 2, 3.01, 3.2, 8 and/or 8.5 of Division 2 of the Health and Safety Code.

(c) No outdoor cultivation or growing of medical marijuana shall be permitted within the unincorporated areas of San Bernardino County. Any cultivation not inconsistent with California State law, or this Code, as such laws may be amended from time to time, shall at all times occur indoors, in a secure, locked, and fully enclosed structure that includes solid walls, and a ceiling, roof or top.



Sec. 810.01.150(r) Definitions — Medical Marijuana Dispensary

(1) A medical marijuana dispensary is any facility or location, whether fixed or mobile, where marijuana is cultivated, made available, and/or distributed by or to three or more persons within the following categories: a primary caregiver, a qualified patient, or a patient with an identification card, as those terms are defined in Health and Safety Code Sections 11362.5 and 11362.7 et seq. as such sections may be amended from time to time.

(2) A medical marijuana dispensary shall not include the following uses, provided that such uses may otherwise be lawfully established and operated and comply with this code and all other applicable laws, including, but not limited to, Health and Safety Code Sections 11362.5 and 11362.7 et seq.:

(a) An in-patient “health facility” as defined by and licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code (commencing with Section 1250);

(b) A “residential care facility for persons with chronic life-threatening illness” as defined by and licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code (commencing with Section 1568.01);

(c) A “residential care facility for the elderly” as defined by and licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code (commencing with Section 1569);

(d) A “home health agency” as defined by and licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code (commencing with Section 1725); and,

(e) A nonexempt “hospice” as defined by and licensed pursuant to Chapter 8.5 of Division 2 of the Health and Safety Code (commencing with Section 1745).

(3) The word “marijuana” shall have the same meaning as that set forth in Health & Safety Code Section 11018. The term “medical marijuana” is marijuana used for medicinal purposes in strict accordance with Health and Safety Code Sections 11362.5 and 11362.7 et seq.

Medical cannabis dispensary ban, outdoor growing ban – Ordinance 4140 (April 2011)