(a) On June 30, 2010, the Board of Supervisors for the County of San Diego added to the County Code of Regulatory Ordinances Title 2, Division 1, Chapter 25 relating to medical cannabis collective facilities. The regulatory codes therein determined that the Sheriff's Department would be the issuing and enforcement authority for legally established medical cannabis operation certificates and approved fees to recover the cost of processing applications and compliance monitoring for medical cannabis facility operating certificates.
(b) In May 2013, the California Supreme Court issued its decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., et al., holding that cities and counties have the authority to ban medical cannabis land uses.
(c) On October 11, 2015, the Governor signed into law Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical Cannabis Regulation and Safety Act ("MCRSA"), effective January 1, 2016, which establishes a state licensing system for medical cannabis cultivation, manufacturing, delivery and dispensing, regulating these activities with licensing requirements and regulations that are only applicable if cities and counties also permit cannabis cultivation, manufacturing, or dispensing within their jurisdictions. Under the MCRSA, cities and counties may continue to ban these cannabis facilities and activities, in which case the state will not issue licenses within those jurisdictions.
(d) On November 8, 2016, the state voters approved the Adult Use of Marijuana Act (AUMA), also identified as Proposition 64 ("Prop 64"). Prop 64 legalized adult non-medical use of cannabis and established a state licensing scheme for non-medical cannabis facilities largely patterned on the MCRSA, and generally (1) allows adults 21 years and older to possess up to one ounce of cannabis and cultivate up to six plants for personal use; (2) regulates and taxes the production, manufacture, and sale of cannabis for adult use; and (3) rewrites criminal penalties so as to reduce the most common cannabis felonies to misdemeanors and allow prior offenders to petition for reduced charges. Prop 64, similar to MCRSA, allows cities and counties to prohibit the establishment of non-medical facilities and licenses that are provided under Prop 64, providing for minimal personal use exceptions.
(e) On March 15, 2017, the Board of Supervisors found and determined that amendments to the Zoning Ordinance to ban Medical and Non-Medical Cannabis Facilities throughout any unincorporated zones were reasonable and necessary for public health, safety and welfare, and consistent with the General Plan, and the intent of those amendments was to prohibit the establishment and operation of both Medical and Non-Medical Cannabis Facilities.
(f) On March 15, 2017, the Board of Supervisors found and determined that amendments to the Regulatory Ordinances, Section 21.2503(a), to prohibit the Sheriff's Department from issuing any new Medical Cannabis Collective Facility Operating Certificates to facilities that were not lawfully established prior to April 14, 2017, and consistent with San Diego County Zoning Ordinance Section 6935, were reasonable and necessary for public health, safety and welfare. The Board determined that all applicable County Code of Regulatory Ordinances related to the operation of Medical Cannabis Collective Facilities with valid Operating Certificates shall continue to apply until such time as those facilities have been amortized pursuant to Zoning Ordinance Section 6935.
(g) In June 2017, California established the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) through Senate Bill 94. As a combination of its precursors, MCRSA and AUMA, the MAUCRSA became the single regulatory system for governing medicinal and adult-use cannabis in California.
(h) On October 6, 2021, the Board of Supervisors finds and determines that amendments to the County Code of Regulatory Ordinances, Section 21.2501 et seq., and removal of Section 6935 of the Zoning Ordinance and associated amortization throughout the unincorporated area are consistent with the General Plan, and the intent of those amendments is to allow the continued operation of existing Medical Cannabis Collective Facilities and allow Medical Cannabis Collective Facilities to engage in Commercial Medical or Adult Use Cannabis activities.
(i) On October 6, 2021, the Board of Supervisors finds and determines that Medical Cannabis Collectives Facilities, Commercial Cannabis Microbusinesses and Commercial Cannabis Retailers may sell edible products and branded merchandise. The Board of Supervisors also finds and determines that existing Medical Cannabis Collective Facilities, Commercial Cannabis Microbusinesses, or Commercial Cannabis Retailers may alter existing structures, or add an addition up to 10,000 square feet pursuant to Zoning Ordinance Section 6861.
(j) On May 24, 2022, the Board of Supervisors directed the Chief Administrative Officer to explore the establishment of a cannabis licensing program to be managed by Planning & Development Services, Code Compliance rather than by law enforcement and return to the Board with options for the Cannabis Facility Operation Certificate fee.
(Added by Ord. No. 10060 (N.S.), effective 7-30-10; amended by Ord. No. 10474 (N.S.), effective 4-21-17; amended by Ord. No. 10751 (N.S.), effective 11-19-21; amended by Ord. No. 10812 (N.S.), effective 12-16-22)