The City of West Sacramento, like other cities in California has set local regulations regarding legal adult use and cannabis business operations.
Medical use of cannabis has been legal in California since Proposition 215, the “Compassionate Use Act,” passed in 1996 (Cal. Health & Safety (H&S) § 11362.5). In 2015, the California Medical Marijuana Regulation and Safety Act (“MMRSA”) was adopted, which created a complex licensing system for commercial production and sales of medicinal marijuana. Those regulations were still under development when Proposition 64 was approved in November 2016. With the passage of Proposition 64, recreational cannabis (nonmedicinal) became legal for adults in California and required a licensing and regulatory structure for adult-use cannabis businesses. Since that time, the State passed SB 94, the “Medical and Adult-Use Cannabis Regulation and Safety Act” (“MAUCRSA”), to clarify and reconcile the two licensing and regulatory schemes for medicinal and adult-use cannabis. The City of West Sacramento has also updated its own Municipal Code to be compliant with State law. This FAQ is meant to serve as a broad overview of what is legal and not legal in the City of West Sacramento with respect to cannabis.
Q1: Is retail sales of cannabis and cannabis products allowed in the City?
A1: No. All forms of retail sales are currently prohibited, including dispensaries and non-storefront retail.
Q2: Can I cultivate cannabis at my residence?
A2: Yes, as long as you are at least 21 years of age or a qualified patient or primary caregiver. A maximum of six plants per parcel is allowed for personal use. Qualified patients may have up to 6 mature plant or 12 immature plants depending on the doctor’s recommendation. Outdoor cultivation is prohibited regardless of the number of plants for both medicinal and personal use. Additional requirements apply to any structure used for cultivation of cannabis. Contact the Community Development Department at 617-4645 for more information.
Q3: I rent my home. Can my landlord prevent me from cultivating cannabis? A3: Yes. Please consult your rental agreement or lease.
Q4: If I notice someone cultivating cannabis and I am concerned about it, what should I do?
A4: Contact Code Enforcement at 617-4925.
Q5: What types of commercial cannabis businesses does the City allow?
A5: The City amended its Municipal Code to conditionally permit cannabis distribution, indoor cultivation, and manufacturing in the Limited Industrial, Light Industrial, and Heavy Industrial zoning districts. A development agreement is also required. Testing labs are also conditionally permitted in the Business Park zoning district in addition to the zones listed above. All retail cannabis businesses are prohibited.More information can be found in the City’s Municipal Code, Title 17 (Zoning)
Contact the Community Development Department at 617-4645 for more information.
Q6: Do I need a State license to operate a commercial cannabis business?
A6: Yes. The State will require evidence of the City’s approval prior to issuing a State license. More information can be found on the State Bureau of Cannabis Control’s website at http://www.bcc.ca.gov/ or 800-952-5210. The City will also require permitted commercial cannabis businesses to obtain State licensing in order to continue operating in the city.
Q7: Is smoking cannabis prohibited anywhere in the City?
A7: Yes. Smoking cannabis is prohibited in all public places and prohibited in the same locations smoking tobacco is prohibited. It is also prohibited within 1000 feet of a school, day care center, or youth care center when children are present, unless at a private residence where the smoking is not detectable on the grounds of the school, day care center, or youth center while children are present. In addition, smoking is prohibited in all enclosed and non-enclosed areas of any facility owned, leased, controlled, managed or operated by the City and accessible to the general public. Such facilities include but are not limited to City Hall, City offices, parks, recreation facilities, playgrounds, skate parks, picnic areas, sports areas, walking paths, gardens, hiking trails, bike paths, swimming pools, community centers, senior centers, meeting or conference facilities, and child care facilities, but not streets.
Q8: What about potential health concerns?
A8: Potential misuse of cannabis and cannabis products by adults and use by persons under 21 are of concern. More information can be found on the California Department of Public Health website regarding cannabis.
*This FAQ is meant to serve as a general guide to legal cannabis only. Persons should consult State law and the City’s Municipal Code for further information.