Measure O, a citizen-sponsored cannabis initiative which City of San Bernardino voters approved in November 2016, was deemed invalid and unenforceable in its entirety by the Superior Court on February 28.
The Superior Court in its final ruling stated, “…Measure O is invalid. It creates a zoning monopoly for the dispensing of marijuana, due to “spot zoning” which lacks a rational basis. It allows only two addresses within the City to qualify for business licenses for the dispensing of marijuana.” Those addresses are the only two locations that have been issued permits, which will be revoked as a result of the Court’s decision.
With the Court’s invalidation of Measure O, there is now in effect a temporary moratorium on commercial cannabis activities in the City of San Bernardino, pending the effectiveness of new regulations enacted by the Mayor and City Council that will allow for commercial cannabis businesses to obtain a new local permit. The new regulations are to go into effect on April 8, 2018. The Mayor and City Council incorporated community concerns into the new ordinance such as favoring local ownership and small business. The City will be establishing a permitting procedure and fees over the next month. Until those new regulations take effect and new local permits are issued thereunder, all commercial cannabis activities are currently prohibited in the City of San Bernardino, including: cultivation, manufacturing, distribution, testing, or retail sale. These activities are prohibited even if an entity previously held a permit under Measure O or hold a state license.
The current moratorium and the upcoming regulations are available on the City’s website at, www.SBCity.org/CannabisRegulations or at the Community Development Department, 201 North “D” Street, San Bernardino, California