Cannabis Facilities

MEDICAL CANNABIS FACILITIES

The City of Oceanside adopted an ordinance on April 11, 2018, amending Articles 4, 13, 14 and 36 of the 1992 Zoning Ordinance and Chapter 7 Article XIII of the Oceanside City Code to update regulations concerning commercial medical cannabis uses and allow the establishment and operation of specified commercial medical cannabis facilities only in designated zoning districts, subject to conditions and limitations. 

The City of Oceanside adopted a fee Resolution on May 23, 2018, establishing fees for the processing of Cannabis Regulatory License applications.

On August 8, 2018, the City Council adopted Ordinance 18-OR0399-1 amending locational requirements previously adopted in Ordinance 18-ORO199-1. The revisions are summarized here:

  • Delete the 22,000 Square Foot maximum size of cultivation/nursery facilities per existing legal lot, and retain the 20 percent maximum lot coverage;
  • Eliminate the 1,000 foot buffer between cannabis cultivation facilities and/or cannabis nurseries;
  • Allow for waiver of locational requirements per Section 3605 for all cannabis facilities;
  • Delete "propagation" from definition of cannabis manufacturing; and
  • Limit cannabis cultivation facilities to a total of five (5) in the City.

On September 5, 2018, the City Council adopted Ordinance 18-OR0449-1 to allow two (2) M-Type 9, Non-storefront Retailers in the Industrial Zone.

 Staff will be providing an update to the Oceanside City Council on August 21, 2019.

Applications Approved:

The City has approved five (5) Cultivation licenses and placed seven (7) qualifying applications on a wait-list.  Should cultivation licenses become available in the future, qualifying applicants will be pulled up from the wait-list.  

The City has approved four (4) local licenses for Manufacturing and three (3) for Distribution.  

The City has approved two (2) local licenses for M-Type 9 Non-Storefront Retail and placed one (1) qualifying application on a wait-list.  Should M-Type 9 Non-Storefront Retail licenses become available in the future, the qualifying applicant will be pulled from the wait-list.

The City has received no applications for Testing Labs.

Accepting Applications:

            Open Application Period for the following license types:

Allowable commercial medical cannabis facilities with available licensing opportunity include the following:

  • Distribution
  • Manufacturing – Medicinal (Non-Volatile)
  • Testing Lab

 Questions:

Cannabis Phone Line: (760) 435-3544

Cannabis email: cannabis@oceansideca.org

 

Before You Apply:

  • Read City Code Chapter 7, Article XIII.
  • Review the information on this site to learn about the application process and which documents you will need.
  • Review State laws governing cannabis facilities.
  • Obtain a Zoning Verification Letter – required for application package; see below.
  • Prepare a background check authorization form– required for application package

 

Application Procedure and Form:

A complete Application Package along with payment by money order, cashier's check, or certified check, should be turned in to the Development Services Counter. For an appointment call (760) 435-3544.

Required Forms:

 

Zoning Verification Letter:

All applicants are required to obtain a Zoning Verification Letter in order to ensure that the location proposal the applicant is applying for meets locational requirements prior to submitting their cannabis facility application.  The review process typically takes ten to fifteen (10-15) working days and will cost $221. Applications can be obtained on this website and should be returned to Development Services Department Planning Division at City Hall, located at 300 North Coast Highway in Oceanside, California. 

Please note that City staff are not able to answer any questions about potential locations without the formal submittal of a request for Zoning Verifications, due to the level of review required to determine the sites eligibility based on the Ordinance.

In addition, please note the issuance of a Zoning Verification Letter does not mean the written evidence of permission given by the City of Oceanside or any of its official to operate a cannabis facility nor does it mean “permit” within the meaning of the Permit Streamlining Act, nor does it constitute an entitlement under the Zoning or Building Code.  A regulatory permit for the purpose of regulating a cannabis facility does not constitute a permit that runs with the land on which the facility is established.  Request for Zoning Verification Letters require a written request to the Development Services Department and will not be completed over the counter since it will require additional research and review.

 

LiveScan Process:

All Livescan fingerprinting MUST be conducted at the Oceanside Police Department. All future applicants will be required to submit proof of Livescan along with application materials.  Proof may consist of a payment receipt or other documentation from the Oceanside Police Department.  Applicants MUST inform the Police Department that livescan is for application of a Commercial Cannabis Local License application.

 

Potentially Eligible Sites:

Potentially eligible sites for obtaining a regulatory permit to operate a cannabis facility may be found utilizing the City’s Zoning Portal at https://oceanside.zoningcheck.com/.

Cannabis Potential Zones Map

To determine the commercial medical cannabis facility allowable zones please utilize the links below to view the appropriate Zoning Ordinance Article:

Article 4 Use Classifications

Article 13 I Industrial Districts

Article 14 A Agricultural District

Article 36 Separation of Regulated Uses

 

Appeals to Decisions:

Chapter 7, Article XIII, Sec. 7.129. - Appeals references the procedures to be followed for appeals to cannabis decisions are set forth in Chapter 15, section 15.5(3) of Oceanside City Code. An appeal request can be submitted to the City Clerk by email or letter, there is no form required. A appeal fee of $2,264.72, adopted by the City Council, is due within the 20 day period.  A hearing will not be scheduled without the payment of the fee. Fees must be paid by Cashier's Check, Certified Check or Money Order.

 

Resources:

Medical Cannabis Facilities- FAQ's

California's 10-Steps to Start a Cannabis Business

California Cannabis Portal

California Bureau of Medical Cannabis Regulation

California Department of Health – Division of Food, Drug, and Cannabis Safety

California Department of Food and Agriculture – Cannabis Cultivation Licensing Regulations

California Board of Equalization – Tax Guide for Medical Cannabis Businesses

Industrial Hemp