In 1996, California voters passed Proposition 215, the Compassionate Use Act (CUA) allowing for the use of medicinal marijuana with a doctor’s recommendation.

Senate Bill 420, the Medical Marijuana Program (MMP), was passed in 2003 to: clarify non-criminal activities associated with the possession, cultivation and storage of medical marijuana; set the amount of medical marijuana that a patient or caregiver can possess; establish the ability for qualified patients and their caregivers to collectively and cooperatively associate to cultivate marijuana for medical purposes; and allow cities and counties to adopt and enforce laws consistent with the MMP.

In 2008, Attorney General Jerry Brown (AG) released Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use. The document states that cannabis cooperatives and collectives should: operate as non-profit organizations, verify that members are qualified patients, and maintain membership records and applications. Brown also states that officers should verify the information on the state identification cards, but if no card is presented and the officer doubts the validity of the medical marijuana claim, then the suspect may be arrested and will have to prove his or her medical claim in court.

The CUA and MMP allowed for collective and cooperative cultivation and dispensing of medical marijuana; the AG's Guidelines stated, however, that some medical marijuana dispensaries may be operating legally under state law but many may not be. Confusion has arisen regarding different dispensing regimes, and many local agencies have elected to adopt moratoriums in order to study an appropriate permit process.

What is Santa Barbara County Doing?

The County of Santa Barbara currently has a moratorium in place which prohibits the establishment of new dispensaries while the County develops an ordinance and/or permit process that is appropriate for this area. County staff is conducting research as well as meeting interdepartmentally and with representatives from other jurisdictions.

What Are Other Jurisdictions Doing?

City of Anaheim - In 2007, Anaheim enacted a ban on medical marijuana dispensaries. The ban was upheld and then appealed; in September 2010, the Appeals Court stated that federal law does not preempt state law (but did not comment on whether or not state law preempts local law) and remanded the case back to the trial court for further proceedings.

City of Oakland - In 2010, Oakland introduced an ordinance to permit up to four (4) Industrial Cannabis Cultivation, Processing, and Manufacturing Facilities in order to provide a safe, legal supply of medical marijuana for qualified patients and their primary caregivers.

City of Santa Barbara - In 2010, Santa Barbara passed an ordinance that would allow up to three (3) medical marijuana dispensaries, with no more than one in any of the designated and commercially-zoned areas of the city. This ordinance was later amended to allow for 5 dispensaries.

County of San Luis Obispo - In 2010, the County of San Luis Obispo passed an ordinance allowing medical marijuana dispensaries with a Minor Use Permit; a successful permit application would contain a detailed Security Plan, specify the days/hours of operation of the dispensary, and conform to the locational requirements of the ordinance.

Useful Links

State of California - Medical Marijuana Program

Public Participation

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Contacts

Jeff Hunt, Director: jhunt@co.santa-barbara.ca.us
Holly Bradbury, Associate Planner: hbradbur@co.santa-barbara.ca.us