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:
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.
Applications Currently Under Review:
The City has a limit of five (5) local licenses for cultivation. There are currently 16 applications under review for cultivation.
The City has a limit of two (2) local licenses for M-Type 9 Non-Storefront Retail. There are currently 4 applications under review for M-Type 9 Non-Storefront Retail.
There are currently 7 applications for Manufacturing and 6 for Distribution under review. There is no limit to the number of local licenses that will be issued for these types. The City has received no applications for Testing Labs.
Open Application Period for the following license types:
Allowable commercial medical cannabis facilities include the following:
Cannabis Phone Line: (760) 435-3544
Cannabis email: firstname.lastname@example.org
Before You Apply:
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.
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 Streamling 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.
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.
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/
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: https://www.ci.oceanside.ca.us/civicax/filebank/blobdload.aspx?BlobID=26022
Article 13 I Industrial Districts: https://www.ci.oceanside.ca.us/civicax/filebank/blobdload.aspx?BlobID=26025
Article 14 A Agricultural District: https://www.ci.oceanside.ca.us/civicax/filebank/blobdload.aspx?BlobID=26026
Article 36 Separation of Regulated Uses: https://www.ci.oceanside.ca.us/civicax/filebank/blobdload.aspx?BlobID=26046
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.
California's 10-Steps to Start a Cannabis Business: http://bpd.cdn.sos.ca.gov/cannabizfile/10steps2.pdf
California Cannabis Portal: https://cannabis.ca.gov/
California Bureau of Medical Cannabis Regulation: https://www.bcc.ca.gov/
California Department of Health – Division of Food, Drug, and Cannabis Safety: https://www.cdph.ca.gov/Programs/CEH/DFDCS/Pages/DFDCS.aspx
California Department of Food and Agriculture – Cannabis Cultivation Licensing Regulations: http://calcannabis.cdfa.ca.gov/
California Board of Equalization – Tax Guide for Medical Cannabis Businesses: https://www.boe.ca.gov/industry/medical_cannabis.html
Industrial Hemp: https://www.cdfa.ca.gov/plant/industrialhemp/