Part 9.75

MEDICAL CANNABIS COLLECTIVES, MEDICAL CANNABIS COLLECTIVES DISPENSARY SITES ONLY, MEDICAL CANNABIS BUSINESSES, AND NON-MEDICAL CANNABIS BUSINESSES

Sections:

20.80.763 Restrictions and conditions.

• 20.80.765 Personal use cultivation.

• 20.80.770 Setback standards.

The purpose of this part is to further fulfill the purposes and intents set forth in Chapter 6.88 of Title 6 of the San José Municipal Code. (Ord. 29420.)

For the purpose of this Part, words and phrases shall have the meanings ascribed to them in Chapter 6.88 of Title 6 of the San José Municipal Code, except for the following:

• A. Downtown shall have the same definition as Downtown Growth Area defined

• A. No person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Nonmedical Cannabis Business; provided, however, that a person may assert an affirmative defense to a criminal or civil enforcement action brought to enforce the provisions of this Title where the person, collective, business or activity is in full compliance with all of the applicable terms, provisions and conditions of this Code, including without limitation the provisions of this Part.

  • B. In addition to the requirements set forth in Section 20.80.760 A. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business until such time as a Zoning Code Verification Certificate has been duly applied for and issued by the Director pursuant to the provisions of Chapter 20.100 of this Title, which Zoning Code Verification Certificate confirms full conformance of a proposed Medical Cannabis Collective, Medical Cannabis

• T20:161

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§ 20.80.760

Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business with all of the applicable locational siting requirements of this Title; provided a licensed Medical Cannabis Collective may expand its use to include a Medical Cannabis Business or Non-medical Cannabis Business without having to obtain a new Zoning Code Verification Certificate pursuant to this Section 20.80.760 B. The application for such Zoning Code Verification Certificate shall be filed pursuant to the requirements and processes set forth in said Chapter 20.100.

• C. In addition to the requirements set forth in Sections 20.80.760 A. and 20.80.760 B. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, a Medical Cannabis Collective Cultivation Site Only, a Medical Cannabis Collective Dispensary Site Only, a Medical Cannabis Business, or a Nonmedical Cannabis Business until such time as all required state licenses have been duly applied for and issued by the State of California and are effective pursuant to the provisions of state law.

• D. Notwithstanding the provisions of this Section 20.80.760, all persons who choose to be involved with Cannabis, Medical Cannabis, a Medical Cannabis Collective, a Medical Cannabis Collective Cultivation Site Only, a Medical Cannabis Collective Dispensary Site Only, a Medical Cannabis Business, or a Non-medical Cannabis Business do so entirely at their own risk that such involvement may constitute a violation of federal or state law.

• (Ords. 29420, 30029, 30209, 30727.)

The location and operation of, and any person operating, or allowing or suffering the operation of, a Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Dispensary, or Cannabis Retail Storefront shall be subject to and shall comply

with, or shall cause the compliance with, all of the following restrictions and conditions set forth in this Section, in addition to those restrictions and conditions that may be imposed on said business or location under or pursuant to other provisions of the San José Municipal Code or other applicable State or local laws, regulations or policies, at all times; provided, however, that if there is a conflict between the provisions of this Section and the provisions of any other applicable State or local law, the most restrictive law allowed to apply shall govern and control:

• A. No person, or Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business, shall receive a Zoning Code Verification Certificate if another such Certificate exists within the distances established in Table 20-165 from another Medical Cannabis Dispensary or Cannabis Retail Storefront.

• B. No Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront shall be located or shall operate on any floor of a retail commercial shopping center located on a Parcel or Parcels totaling over forty (40) acres in size.

• C. All activities conducted at a Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront shall at all times fully comport with the provisions of the Compassionate Use Act, the Medical Marijuana Program Act, the Medicinal and Adult Use Cannabis Regulation and Safety Act, the Adult Use of Marijuana Act, and any other applicable state laws, as the same may be amended from time to time; and

• D. All activities conducted at a Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Canna-

T20:162

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§ 20.80.775

bis Retail Storefront shall at all times fully comport with the provisions of Chapter 6.88 of Title 6 of this Code.

• E. The proposed Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront would not lead to the grouping of more than four of any combination of the following uses within a one thousand- foot radius: Medical Cannabis Collective Dispensary sites only, Medical Cannabis Dispensaries, or Cannabis Retail Storefronts. This shall be measured from the nearest exterior wall of the cannabis business' occupied tenant space in a shared building, or to the nearest exterior wall of the cannabis business' building envelope if the business is the sole tenant of a building.

(Ords. 30227, 30929.)

The provisions of this Part are not intended to and shall not regulate the cultivation or possession of cannabis for personal use cultivation in full compliance with all applicable state and local laws at their primary residence located within a zoning district that allows for residential uses. (Ords. 29420, 30029.)

• A. All restrictions and conditions for a Medical Cannabis Collective Dispensary Site Only, or a Medical or Non-medical Cannabis Business shall conform to the regulations set forth below in Table 20-165.

• B. All restrictions and conditions apply at the time of issuance of a zoning code verification certificate.

Table 20-165 Medical Cannabis Dispensary Sites Only, or Medical or Non-medical Cannabis Business Setback Standards

(Ords. 30727, 30929.)

• A. The distances established in Table 20-165 above for a public or private elementary school, or secondary school, youth center, or child daycare center, shall be measured as follows:

or private elementary school, or secondary school, youth center, or child daycare center, to the closest property line of the lot on which the Medical Cannabis Collective Dispensary site only, Medical Can-

1. In a straight line at a minimum of 500 feet from the property line of the public

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§ 20.80.775

nabis Dispensary, or Cannabis Retail Storefront is to be located without regard to intervening structures.

2. Path of travel at a minimum of 1,000 feet from the nearest public entrance of the public or private elementary school, or secondary school, youth center, or child daycare center, to the nearest public entrance of the Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront. For purposes of this part, path of travel includes a continuous, unobstructed way of pedestrian passage by means of which the use may be approached, entered, and exited, where open to the public.

3. The most restrictive measurement shall control.

• B. The distances established in Table 20-165 above for parks, community and recreation center, library, substance abuse rehabilitation center, emergency residential shelter, or another dispensary or Cannabis Retail Storefront shall be measured, as follows:

  1. For a Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront, from any parks, community and recreation center, library, substance abuse rehabilitation center, or emergency residential shelter located in a multi-tenant Building with tenant spaces occupied by uses other than the dispensary, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the collective's occupied tenant space in the shared Building.

  2. For a Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront, from any parks, community and recreation center, library, substance abuse rehabilitation center, or emergency residen-

tial shelter that is the sole occupant of a building or buildings, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the dispensary's closest building envelope.

• C. The distances established in Table 20-165 above for residential uses shall be measured as follows:

  1. For a Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront; the distance shall be measured from the nearest public entrance to the closest residential use following path of travel. For purposes of this part, path of travel includes a continuous, unobstructed way of pedestrian passage by means of which the use may be approached, entered, and exited, where open to the public.

(Ords. 29420, 29804, 30029, 30727, 30929.)

Editor’s note— Ord. 30929, § 4, adopted June 20, 2023, repealed § 20.80.780, which pertained to Police Beat Exclusion Area and derived from Ord. 30727.