The City of San José’s medical marijuana program regulates:
The City’s regulations apply to all types of medical marijuana operations including collectives, dispensaries, manufacturing facilities, delivery services, cultivation, extraction, etc.
It is illegal for any marijuana entity to operate in San José without first getting a Notice of Completed Registration as a Medical Marijuana Collective from the City. Violators are subject to closure and fines of up to $50,000 per offense, per day, as well as criminal prosecution.
Please note: the City’s Zoning Code does NOT allow recreational/adult use marijuana businesses.
Even with the recent State vote, the City of San José would have to hold community outreach meetings, Planning Commission hearings, and City Council hearings before the City Council would vote on whether to allow the sale, cultivation, manufacture, delivery, etc. of recreational/adult use cannabis.
Proposition 64 only allows the sale of recreational/adult use cannabis by state-licensed retailers ONLY. The state is not be required to begin issuing licenses until 2018. Under Proposition 64, you cannot get a state license if you are breaking local law.
All marijuana businesses in San José, legal or illegal, medical or recreational, are required to pay Marijuana Business Tax (10% of gross receipts).
Property owners, landlords, and prospective business owners are strongly cautioned to be informed about state and local laws BEFORE entering into leases, rental agreements, or other business arrangements in the medical or recreational/adult use cannabis industry. Landlords face significant fines and other penalties for allowing an illegal marijuana business on their property. Business owners face significant fines and other penalties for operating an illegal marijuana business.
The City of San José is NOT taking new applications for Medical Marijuana Collectives at this time. The application period closed on October 17, 2014. Only the City Council can reopen it.
There are 16 Registered Collectives in San José. Any operators not on this list are violating local and state law.
Only Registered Collectives may deliver medical marijuana in San José. Prior to beginning delivery operations, the Registered Collective must go through an additional review process with the San José Police Department's Division of Medical Marijuana Control.
All other delivery businesses are prohibited in San José, and any businesses that deliver in San José are doing so in violation of local and state law. Violators are subject to closure and fines of up to $50,000 per offense, per day, as well as criminal prosecution.
Patients and caregivers are cautioned to not patronize illegal businesses.