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Marijuana Regulations

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

Citizen's Advisory Committee on Marijuana will hold their first meeting on Monday, November 13 at 5 p.m. at 201 North E Street, Council Chamber, San Bernardino, CA 92401. Click here to view meeting dates, agendas and meeting minutes.

Members appointed to Citizen’s Advisory Committee on Marijuana

On October 18, the Mayor and City Council approved the appointment of nine members to the Citizen’s Advisory Committee on Marijuana (CAC). The CAC, first created on September 20, 2017, is charged with the duty to evaluate, analyze, and propose options and standards to establish marijuana regulations that will protect the public health, safety, and welfare of San Bernardino residents.

There are a host of important public policy issues for the Mayor and City Council to consider. Having a citizen advisory committee provide input to the decision-making process is critical. The CAC will discuss and return recommendations on multiple areas of regulation. These areas include options and standards related to personal cultivation in residential zones, public consumption of marijuana, taxes on marijuana and regulation of commercial marijuana not covered by Measure O. While marijuana regulations already exist at the state (Proposition 64) and city level (Measure O), state law allows local governments to address the above issues based upon local priorities. Committee recommendations will be due to the Mayor and City Council by December 20, 2017.

The nine members appointed to the CAC are:

Member Name

Appointing Council Member

Margaret Hill

Mayor

Cassie Levy

Mayor

Sandra Owens-Olivas

Ward 1 – Virginia Marquez

Frank J. Flores

Ward 2 – Benito J. Barrios

Randi Ball

Ward 3 – John Valdivia

Larry Quiel

Ward 4 – Fred Shorett

Randy Wilson

Ward 5 – Henry Nickel

Fred Burks

Ward 6 – Bessine L. Richard

Damon Alexander

Ward 7 – James L. Mulvihill

 
The Citizen’s Advisory Committee will be supported by Community Development staff and HdL Companies' Cannabis Consulting Services. The consultant, HdL Companies, was hired following a Request For Proposal process.

Click here to view CAC meeting dates and agendas. For more information on the Citizen’s Advisory Committee, please call the Community Development Department at 909-384-5057.

Applications

The City Planning Division began 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