In November 2016, 55.12% of San Bernardino city registered voters approved Measure O, the citizen-initiated San Bernardino Regulate Marijuana Act of 2016. The initiative seeks to replace the previous ban on marijuana businesses in the City with a regulatory and permitting system.
To assist the pubic in understanding the process of implementation, this webpage will feature status updates and relevant documents.
At this time, City departments are in the process of integrating the provisions of Measure O into the City's existing Development Code, developing procedures for receiving applications, and identifying provisions that may require interpretation and clarification prior to implementation.
As you may be aware, Measure O outlines M-B Overlay 1 and M-B Overlay 2, which identify 174 specific parcels which would be permitted to operate marijuana businesses. The City has been proceeding with the implementation of Measure O since our last update and now has the following to report:
- The City will begin accepting applications for marijuana business permits on June 5, 2017. The application forms will be available by that date from the Community Development Department, which will be located in its new building at 600 North Arrowhead Avenue.
- Measure O specifies that the parcels must be at least 600 feet from residential zones. Many of the identified parcels do not meet that distance requirement and are therefore disqualified. The City had conducted an analysis that identifies which parcels are disqualified by the residential distance restriction. The analysis is available for download below.
M-B Overlay Interpretation Overview (Memo)
M-B 1 Overlay Intrepretation Matrix
M-B 2 Overlay Intrepretation Matrix
Measure O Interactive Map
- The City has been served with four lawsuits regarding the validity of Measure O. Two of the lawsuits claim Measure O is invalid and that the City should stop all implementation of the measure. The other two lawsuits claim the opposite, that Measure O is valid and that the City should begin implementation as soon as possible. Absent a valid court order, the City is obligated to implement Measure O, and has been doing so since the measure became effective in December. The City has also initiated its own litigation seeking a Court’s determination on the validity of Measure O and expects the Court to rule sometime this year. The complaints in each of the lawsuits are also available for download below.
Lawsuit - AMF 1278 LLC
Lawsuit - Kush Concepts
Lawsuit - Michael Lee, et al.
Lawsuit - Quiang Ye, et al.
The City will continue to keep you informed of its progress in implementing Measure O and developments in the lawsuits.
Interested parties may contact Stephanie Sanchez in the Community Development Department for more information or to signup to receive email updates regarding the implementation process.
Executive Assistant to the Director, Community Development Department
City Council Resolution 2016-177
Measure O full text initiative packet
Measure O Interactive Map
County of San Bernardino Elections Office of the Registrar of Voters election results