The City of San Diego has adopted local laws authorizing cannabis businesses within the City limits.
Cannabis Production Facilities (Facilities):
Feb. 22, 2017 – The City adopts Ordinance No. O-20793, which replaces the MMCC use with a new retail sales use category, Cannabis Outlet. It became effective in areas of the City of San Diego outside of the Coastal Overlay Zone on April 12, 2017, and within the Coastal Overlay Zone on Oct. 12, 2017.
Cannabis Code Updates:
The List of Pending Cannabis Production Facility Applications includes Cannabis Production Facility Conditional Use Permit applications that have been deemed complete and are currently in review as of the first business day of the month. For more detailed information, search for the status of each project.
Since we teach people to grow cannabis plants at home, this is a common question we receive. Let’s review cannabis plant count numbers in San Diego, CA.
Prop 64: Recreational Marijuana Cultivation Rights
As per the CA Supreme Court’s People vs. Kelly ruling in 2010, regarding Prop 215, medical marijuana patients are entitled to have and cultivate whatever amount of marijuana / cannabis is necessary for their personal medical use. According to Proposition 215, residents of the state of California who become medical marijuana patients are legally allowed to cultivate and possess marijuana for medicinal purposes.
Prop 215: Medical Marijuana Patients Cultivation Rights
There is also something called a daily plant purchase limit pursuant to the Department of Cannabis Control. Adults over age 21 can buy 6 cannabis plants per day, or 12 cannabis plants per day if you have a doctor’s recommendation. When a doctors recommendation lists a higher plant count than 12, it is ultimately up to the plant seller to honor that or not.
There are other issues, too, that prove tricky to navigate for would-be cannabis cultivators, said Charles Pyfrom, CMO of San Diego-based CannGen Insurance Services.
“CannGen actually insures a significant amount of cannabis cultivators in San Diego, but there may be a shortage of them here compared to other cities due to San Diego’s zoning and licensing requirements, the availability of commercial properties and an overall lag in the supply chain in California,” Pyfrom said. “San Diego experiences a nearly year-round wildfire season and while many insurance carriers will underwrite for the peril of fire, the chaotic nature of wildfires and changing environmental factors can influence the viability of insurance options, and ultimately, the type of operators that decide to ‘open shop’ in a given geography.”
In Other News
Difficult though these problems may be to solve, they are not entirely prohibitive, said Hannah Gbeh, executive director of the San Diego County Farm Bureau.
The task of busting up an illegal grow falls on various law enforcement agencies, but some aren’t getting the benefit of tax revenue from legal cannabis. The unincorporated areas of San Diego County are where most of the region’s agricultural centers reside, but sales, distribution, manufacturing and cultivation of cannabis are currently banned.
“The San Diego agricultural community is known as the specialty crop community,” Gbeh said, noting that cannabis would count in that designation once it is allowed. “Our farmers constantly do more with less, from the high cost of land and water to complex regulatory frameworks and the extreme labor shortage we are enduring.”