San Jose City Council Passes Strict New Rules for Medical Marijuana Dispensaries

The San Jose City Council recently voted 7-3 to limit existing and new cannabis shops to select industrial areas that make up less than one percent of the city. 

The decision to restrict medical marijuana dispensaries to select zones within the city will force the vast majority of the dispensaries in San Jose, California to close within a year. In addition to restricting the zones that dispensaries can operate, the new rule imposes additional requirements for medical marijuana operations.

Existing and new medical marijuana dispensaries in San Jose will be limited to just 600 parcels of selected industrial areas around the city, with the approved zones making up less than one percent of the city’s total land. Under the new rules, dispensaries cannot be located within 1,000 feet from schools, parks and other areas where children gather. Additionally, dispensaries must be located 1,000 feet from business parks, 150 feet from homes, and 500 feet from substance abuse centers.

The new law requires dispensaries to grow all marijuana in or next to Santa Clara County, limit store hours and establish 24 hour security. Under the law, an individual entering or working for a dispensary must be 18 years old and products offered cannot imitate candy.

Dispensary opponents led by parents, prosecutors, conventional business owners and school officials cited research showing that children in San Jose were getting marijuana from the dispensaries, either through illegal drug deals or by obtaining medical cards. They said that marijuana businesses were also attracting crime and destroying the character of suburban neighborhoods.

The vote is considered a worst-case scenario for marijuana businesses. According to James Anthony, an attorney representing several of the marijuana dispensaries, no dispensary can operate under the new rules. Anthony called the move a “de facto ban.” Dispensary owners have collected signatures to put their own regulations on the ballot that would be more favorable to businesses, and according to Anthony, they have collected enough names to do so.