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Measure O

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 public in understanding the process of implementation, this webpage will feature status updates and relevant documents. 

Current Status

The City Planning Division will begin accepting business permit applications on Monday, June 5. The Marijuana Business Permit Application form is now available, click here to download a fillable PDF version. Please return the application and supporting documentation to the Planning Division of Community Development located at 201 North E Street, Third Floor, San Bernardino, CA 92401. For further information, please contact Elizabeth Mora-Rodriguez, Assistant Planner, at Mora-Rodriguez_El@SBCity.org or 909-384-7272 X3075.

Marijuana Business Permit Application

Marijuana Business Live Scan Form

Application Appeals Form

PLEASE NOTE: The Municipal Code provisions authorizing a Marijuana Business Permit (Chapter 19.420) are currently subject of multiple lawsuits pending in the San Bernardino Superior Court. The outcome of one or more of those cases may affect the validity of some or all of that chapter, as well as any permit that may be issued thereunder. The complaints in each of the lawsuits are available below.

Analysis of M-B Overlays 1 and 2

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. 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 has 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 Interpretation Matrix
M-B 2 Overlay Interpretation Matrix
Measure O Interactive Map

Pending Litigation

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 outcome of one or more of those cases may affect the validity of some or all of Chapter 19.420, as well as any permit that may be issued thereunder.  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.

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 X3343. Application questions should be directed to Planning Division Assistant Planner Elizabeth Mora-Rodriguez at Mora-Rodriguez_El@SBCity.org or 909-384-7272 X3075.

Other Resources

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