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Cannabis Regulations

The City has new cannabis ordinances governing smoking in public, personal cultivation in private residence and commercial cannabis activity. The laws are effective April 8, 2018. A summary and link to the full ordinances/regulations can be found below.  

Smoking Cannabis in Public Places

The Mayor and City Council adopted Ordinance (MC-1465) on March 7, 2018, designed to create a healthy community by regulating the smoking – including vaping – of cannabis in public. This is regulated by Municipal Code Chapter 8.97.

Below is a brief summary of the Ordinance:

1. Cannabis inhaling and smoking shall be prohibited within one thousand (1,000) feet of any of the following:

i. Any school (k-12) regardless if it is a public, private or charter school;
ii. Day care center as defined in Section 1596.76 of the Health and Safety Code;
iii. Youth center as defined in Section 11353.1 of the Health and Safety Code;
iv. Any library, park, bicycle paths or area in which the primary purpose is used for minors; and
v. Any alcohol rehabilitation center or substance abuse facility.

2. Smoking and inhaling of cannabis products are prohibited in the following places:

i. Dining areas;
ii. Public places (farmers market, parade, craft fair, event space, etc.);
iii. Recreational areas (parks, playgrounds, sports fields, picnic area, hiking trail, bike path, etc.);
iv. Service areas;
v. Places of employment; and
vi. Any area within 50 feet of any door, window, opening, or vent, into a public place, dining area, service area, or recreational area except for such areas on private residential property.

3. A private property owner or business owner may authorize a Designated Smoking Area in an unenclosed area of his or her private property, provided it complies with all provisions of this Ordinance.

Personal Cultivation in Private Residence

The Mayor and City Council adopted Ordinance (MC-1466) on March 7, 2018, establishing regulations for the personal cultivation of cannabis within private residences in Municipal Code Chapter 8.99.

Below is a brief summary of the Ordinance:

1. Ordinance allows for indoor cultivation of cannabis (six or less plants) in a private residence or accessory structure in a manner that will ensure any cultivation is safe, secure, and does not create a public nuisance to others living in the City.

i. This includes cultivation of medical and nonmedical cannabis for personal use.

2. There is a mandatory annual Personal Cultivation in Private Residence Fee of $72 effective June 4, 2018. People may register at the Business Registration Office, 201 North E Street, Space 201A, San Bernardino, CA 92401.

3. Outdoor cannabis cultivation (i.e. in the open air) is prohibited within all zoning districts.

Full regulation details including enclosure requirements, consent of property owners, and other restrictions may be read online by clicking here.

Commercial Cannabis Activity

The Mayor and City Council adopted Ordinance (MC-1464) on March 7, 2018, regulating commercial cannabis activities in the City as reflected in Municipal Code Chapter 5.10.

Temporary Cannabis Events

Temporary cannabis events, or special events, are prohibited citywide except at a state designated fair in accordance with Business and Professions Code Section 19418 and Municipal Code section 5.10.060 (c) and Chapter 19.40. For more information click here to view the Temporary Cannabis Events Fact Sheet.

Ordinances

Measure O

Measure O, a citizen-sponsored cannabis initiative which City of San Bernardino voters approved in November 2016, was deemed invalid and unenforceable in its entirety by the Superior Court on February 28.

The Superior Court in its final ruling stated, “…Measure O is invalid. It creates a zoning monopoly for the dispensing of marijuana, due to “spot zoning” which lacks a rational basis. It allows only two addresses within the City to qualify for business licenses for the dispensing of marijuana.” Those addresses are the only two locations that have been issued permits, which have been revoked as a result of the Court’s decision. 

Contact Information

To signup to receive email updates regarding the implementation process, please contact Stephanie Sanchez at Sanchez_Stephanie@SBCity.org or 909-384-7272, extension 3343.