CITY OF SACRAMENTO PRIMED TO MANDATE COMMERCIAL
CANNABIS CULTIVATION SITES

On February 2, 2016, in anticipation of the now repealed March 12, 2016 deadline for cities to pass local cannabis regulations under the State mandated Medical Marijuana Regulation and Safety Act (MMRSA), the Sacramento City Council voted unanimously in favor of an amendment to allow indoor commercial cultivation in Sacramento of up to 22,000 square feet. The amendment also included a 45-day moratorium on cannabis cultivation within the city.
On March 15, 2016, the City Council extended the moratorium on cultivation for an additional 6 months, except for indoor cultivation in residential zones and qualified existing cultivation operations that needed to register with the city by April 14, 2016.
City of Sacramento’s Current Cannabis Ordinances:
Under Chapter 5.150, special permits are required to operate a medical marijuana dispensary in Sacramento. Applications are only accepted from registered medical marijuana dispensaries that were operating as of 2009, and the city is currently not accepting applications for new medical marijuana dispensaries.
Under Chapter 8.132, qualified patients and primary caregivers in Sacramento are allowed to cultivate indoors in residential zones in areas of up to 400 square feet without a city permit.
Under Section 17.228.127 of Title 17, indoor commercial cultivation is allowed within Sacramento with a conditional use permit. Commercial cultivation will be permitted in the following zoning districts: C-2 general commercial and C-4 heavy commercial; M-1S light industrial, M-2 heavy industrial and M-2S heavy industrial; and A agricultural. In addition, commercial cultivation within any zone must comply with the following provisions:
1. Cannabis cultivation must be within a fully enclosed building and must not be visible from the public right-of-way.
2. The total canopy size of cannabis growing on one premises must not exceed 22,000 square feet in Industrial/Manufacturing
3. Cannabis cultivation must comply with all applicable state and local laws.
Sacramento’s Proposed Cannabis Ordinances:
On March 22, 2016, the City Council held a meeting to discuss regulations for cannabis cultivation and stated that the city has currently not made decisions on cultivation operation requirements and has not yet established an application process for operating permits. The city also requested feedback from the Planning and Design Department for further consideration.
On July 7, 2016, at the medical cannabis industry workshop, officials from the City of Sacramento discussed the upcoming Cultivation Ordinance and its framework for new commercial cultivation permits and its application process.
Current recommendations are for the City of Sacramento Cultivation Ordinance to include the following:
• No limit to the number of cultivation permits to be issued
• No preferential treatment to previous cultivation registrants
• A first come, first served application process for new applicants
• A detailed application process similar to the dispensary application
• Application to include a Cannabis Business Application and Conditional Use Permit (CUP) Application

The Sacramento Planning and Design Commission will take up discussion of the Cultivation Ordinance at its next meeting on July 21. (See Below)
The Abdallah Law Group, P.C. specializes in successful Cannabis Business Applications and Conditional Use Permit (CUP) Applications. Our staff welcomes the opportunity to help build your new Commercial Cannabis Cultivation enterprise in Sacramento.
Please call us today for a Free Consultation at (916) 446-1974.
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Subject: City of Sacramento Planning and Design Commission Public Hearing – Thursday, July 21, 2016 6:00 p.m.
On Thursday July 21, 2016 at 6:00 p.m. the City of Sacramento Planning and Design Commission will hold a public hearing to hear proposed amendments to various sections of the Planning and Development Code, Title 17 of the Sacramento City Code, related to marijuana cultivation. The meeting is in the City Council Commission Hearing Room, Historic City Hall, Second Floor, 915 I Street, Sacramento, CA 95814.