San Bernardino County — Commercial Cannabis Activity

District-by-District Application

Chapter 84.34 does not create a cannabis district, overlay, conditional-use path, setback schedule, or parcel-by-parcel siting standard. Instead, it applies its ban across all land use zoning districts in the County’s unincorporated areas. § 84.34.030

The commercial-district material supplied identifies the following actual County district designations. The supplied materials establish Desert Region minimum lot standards, but they do not establish each district’s detailed purpose, full permitted-use list, or a cannabis exception. Verify parcel zoning and applicable overlay districts with the jurisdiction.

CR

CR is a County commercial land use zoning district; its detailed purpose and location are assigned through the General Plan and Chapter 82.01, not stated in the source materials provided. § 82.05.020

In the Desert Region, CR has a stated minimum lot area of 2.5 acres, minimum width of 120 ft, minimum depth of 120 ft, and maximum width-to-depth ratio of 1:3. Those dimensional figures do not authorize commercial cannabis: it remains prohibited. § 82.05.050; § 84.34.030

CN

CN is a County commercial land use zoning district; the source materials do not state its detailed purpose, location, or complete typical permitted-use list. § 82.05.020

In the Desert Region, CN has a stated minimum lot area of 1 acre, minimum width of 120 ft, minimum depth of 120 ft, and maximum width-to-depth ratio of 1:3. A commercial cannabis use is still prohibited regardless of lot size or an otherwise available commercial approval. § 82.05.050; § 84.34.030

CO

CO is a County commercial land use zoning district. Its detailed purpose, location, and typical permitted uses are not found in source materials. § 82.05.020

In the Desert Region, CO has a stated minimum lot area of 5 acres, minimum width of 120 ft, minimum depth of 120 ft, and maximum width-to-depth ratio of 1:3. Commercial cultivation, retail, delivery, and related activity remain prohibited. § 82.05.050; § 84.34.020(e); § 84.34.030

CG

CG is a County commercial land use zoning district. The source materials do not establish its detailed purpose, exact location, or a complete list of typical permitted uses. § 82.05.020

In the Desert Region, CG has a stated minimum lot area of 5 acres, minimum width of 120 ft, minimum depth of 120 ft, and maximum width-to-depth ratio of 1:3. No commercial cannabis permit may be issued in CG. § 82.05.050; § 84.34.030

CS

CS is a County commercial land use zoning district. Detailed district purpose, location, and typical permitted uses are not found in source materials. § 82.05.020

In the Desert Region, CS has a stated minimum lot area of 5 acres, minimum width of 120 ft, minimum depth of 120 ft, and maximum width-to-depth ratio of 1:3. Those base-zone standards do not supersede the County’s commercial-cannabis prohibition. § 82.05.050; § 84.34.030

CH

CH is a County commercial land use zoning district. The supplied materials do not establish its detailed purpose, location, or full typical permitted-use list. § 82.05.020

In the Desert Region, CH has a stated minimum lot area of 5 acres, minimum width of 120 ft, minimum depth of 120 ft, and maximum width-to-depth ratio of 1:3. Commercial cannabis activity is prohibited in CH just as it is in every other County land use zoning district. § 82.05.050; § 84.34.030

Narrow Caregiver Exception for Licensed Facilities

The chapter preserves a limited exception for a primary caregiver tied to specified licensed health-related facilities. The caregiver must be the owner or operator, or one of no more than three employees designated by the owner or operator, of a qualifying licensed clinic, health care facility, specified residential care facility, hospice, or home health agency. § 84.34.050(a)

Before beginning commercial cannabis activity, the qualifying operator must register with the Land Use Services Department and renew that registration annually, supplying proof of the applicable valid facility license at registration and renewal. § 84.34.050(b)

Outdoor cultivation is not allowed at any facility or entity using this exception. § 84.34.050(c) The chapter does not state that registration is a general commercial cannabis permit or that it authorizes a dispensary, delivery business, or ordinary cannabis retailer.

Residential Cultivation Conditions in the Source Materials

The source materials also contain conditions for cultivation by a person with an identification card or a primary caregiver in a private residence. These provisions should not be mistaken for an authorization of a commercial grow; the commercial prohibition remains controlling except for the stated licensed-facility caregiver exception. § 84.34.030; § 84.34.050

Where a qualifying person cultivates in a private residence they do not own, they need the owner’s written consent before cultivation begins. The consent must expressly cover cultivation and material alterations associated with it, such as changes to walls, windows, ventilation, plumbing, or electrical; necessary building permits must also be obtained, and the documentation must be kept at the residence for an enforcement officer on request. § 84.34.040(k) Applicable alterations may also implicate the California Building Standards Code.

The source materials prohibit THC-enhancement processes and cannabis-product manufacture under this residential exemption, and prohibit cultivation in a private residence containing child day care. § 84.34.040(m), (n) A landlord may separately limit or prohibit tenant cultivation, smoking, or related marijuana activity. § 84.34.060

Enforcement and Other Laws

Conducting, causing, or allowing prohibited commercial cannabis activity in the unincorporated areas is unlawful. A violation is a misdemeanor under the County’s enforcement provisions and may instead be cited, charged, and prosecuted as an infraction. § 84.34.030

Chapter 84.34 does not affect rights to possess or use cannabis authorized by federal or state law, but it does not legalize conduct that is otherwise illegal under state or federal law. It also provides no defense or immunity from action by the County District Attorney, California Attorney General, or United States Attorney General. § 84.34.030; § 84.34.070

Information Gaps

The source materials do not establish:

• Commercial-cannabis setbacks, separation distances, parking ratios, signage rules, operating hours, security-plan standards, or application fees.
• A commercial-cannabis conditional use permit, variance, or design-review route.
• Detailed purposes, locations, or complete permitted-use lists for CR, CN, CO, CG, CS, or CH.
• Whether a specific parcel lies in the County’s unincorporated area or inside an incorporated city.

For parcel-specific baseline requirements, verify parking, design review, landscaping and screening, and the County’s other development rules with the jurisdiction. These standards do not override § 84.34.030.

Checklist

• Confirm that the site is in unincorporated San Bernardino County, not within an incorporated city.
• Determine whether the proposed activity concerns cultivation, manufacturing, storage, processing, dispensing, delivery, distribution, testing, transportation, or sale of cannabis or cannabis products. § 84.34.020(e)
• Do not seek a commercial cannabis permit for an ordinary business operation; the County may issue no permit of any type for prohibited commercial cannabis activity. § 84.34.030
• If relying on the licensed-facility caregiver exception, confirm the caregiver’s qualifying role and the facility’s required license. § 84.34.050(a)
• Register with the Land Use Services Department before commencing activity under that exception and renew registration annually with proof of the valid license. § 84.34.050(b)
• Do not conduct outdoor cultivation under the licensed-facility caregiver exception. § 84.34.050(c)
• For qualifying private-residence cultivation in a rented residence, obtain and retain the owner’s written consent and all necessary building permits. § 84.34.040(k)
• Confirm that no prohibited THC-enhancement process, cannabis-product manufacture, or child day care is involved in the private-residence exemption. § 84.34.040(m), (n)

Risks & Ambiguities

Plain-English Summary

In unincorporated San Bernardino County, a cannabis business cannot open just because the parcel is commercial, large, or otherwise eligible for a land-use approval. The County bans commercial cannabis activity—including growing, retail sales, delivery, manufacturing, and distribution—across all zoning districts, with only a narrow caregiver exception tied to specified licensed health-related facilities. § 84.34.030; § 84.34.050

Source References

• § 84.34.010 — Purpose.
• § 84.34.020 — Chapter-specific definitions.
• § 84.34.030 — Prohibition of commercial cannabis activity and enforcement consequences.
• § 84.34.040(k)–(p) — Conditions stated for the residential cultivation exemption.
• § 84.34.050 — Primary caregiver affiliated with licensed facility exception.
• § 84.34.060 — Landlord authority.
• § 84.34.070 — Application with other laws.
• § 82.05.020; § 82.05.050 — Commercial district purpose/location framework and Desert Region lot standards.
• § 84.35.010; § 84.35.030 — Separate industrial hemp framework.