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Medical Marijuana

 

 

On February 14, 2012, the City Council repealed the Medical Marijuana Regulatory Ordinance, which had been previously suspended on October 28, 2011, when the petition for referendum was filed. The Medical Marijuana Land Use Ordinance (Title 20) is suspended and not in effect. Due to the current status of the above ordinances, Medical Marijuana Collectives, Cooperatives, Dispensaries and Delivery Service businesses are not legal uses in the City of San Jose. In addition, because the Regulatory Ordinance is repealed and the Land Use Ordinance is suspended, the City will neither proceed with the Registration of Collectives nor issue Zoning Verification to Collectives, as contemplated in these ordinances. Instead, the City is continuing enforcement action against any Collectives, Cooperatives, Dispensaries and Delivery Service businesses operating in the City according to the priorities set by the City Council. These priorities include focusing on those establishments that create a nuisance, fail to pay the Marijuana Business Tax and fail to comply with State law.

Please note, any and all marijuana businesses operating in the City are required to pay the City's Marijuana Business Tax pursuant to Chapter 4.66, and the City's Business Tax pursuant to Chapter 4.76, of the San Jose Municipal Code as approved by the voters. Payment of these taxes will in no way legalize business activities that are otherwise unlawful in the City of San Jose.

Further updates on the Regulatory Ordinance and Land Use Ordinance will be posted on this website as they become available.

For information on the City’s Marijuana Business Tax, please visit: http://www.csjfinance.org/Marijuana/MarijuanaTaxHome.asp.


Revised Medical Marijuana Schedule (updated 3/9/12):

June 14, 2011 – City Council Consideration of Mayor’s June 2011 Budget Message/ 2011-2012 Budget, 1:30 p.m., City Hall Council Chambers

June 22, 2011 -- Planning Commission Hearing on Title 20 (Land Use/Zoning Ordinance), 6:30p.m., City Hall Council Chambers

                         To view the Negative Declaration and Initial Study for Title 20, please visit: http://www.sanjoseca.gov/planning/eir/MND.asp 

July 13, 2011 -- Planning Commission Hearing on Title 20 (continued from June 22), 6:30p.m., City Hall Council Chambers

July 27, 2011 -- Planning Commission Hearing on Title 20 (continued from June 22 and July 13), 6:30p.m., City Hall Council Chambers

September 13, 2011 -- City Council First Reading of Title 6 (Regulatory Ordinance) and Title 20 (Land Use Ordinance), 1:30 p.m., City Hall Council Chambers

September 27, 2011 -- Second Reading of Title 6 (Regulatory Ordinance) and Title 20 (Land Use Ordinance) at 1:30 p.m., City Hall Council Chambers.

October 28, 2011 -- Title 6 (Regulatory Ordinance) and Title 20 (Land Use Ordinance) were scheduled to go into effect on October 29, 2011; however, on October 28, 2011, Medical Marijuana advocates filed a Petition for Referendum (Petition) with the City Clerk seeking Council reconsideration of the Regulatory Ordinance. Per the required process, the Regulatory Ordinance is currently suspended and the Petition is being reviewed by the Santa Clara County Registrar of Voters (ROV). The ROV has thirty (30) business days to complete its review and certification of the Petition. (For more information regarding the Petition and its implications, please see the documents found under Item 4.1 of the November 8th Council Agenda.)

November 8, 2011 – City Council adopted an Urgency Ordinance and Regular Ordinance amending Title 20 (Land Use Ordinance) so that it will become effective only if and when Title 6 (Regulatory Ordinance) takes effect.

February 14, 2012 -- Please see information above.


To review past reports, information and draft ordinances, click on the links below. For video, audio or transcripts of the below referenced City Council or Committee Meetings, please visit: http://sanjose.granicus.com/ViewPublisher.php?view_id=2.

Information Memo—Medical Marijuana Enforcement Update
April 20, 2012

https://www.piersystem.com/external/content/document/1914/1373299/1/04-20-2012%20CMO.pdf Adobe PDF

Information Memo—Marijuana Businesses
January 17, 2012

https://www.piersystem.com/external/content/document/1914/1280499/1/01-17-12%20Finance.PDFAdobe PDF

Information Memo—Medical Marijuana
September 28, 2011

https://www.piersystem.com/external/content/document/1914/1206571/1/09-28-11%20CMO.PDF Adobe PDF


City Council Meeting—Item 2.2
September 27, 2011

http://www.sanjoseca.gov/clerk/Agenda/20110927/20110927a.pdfAdobe PDF

  • Final Adoption of Ordinances

City Council Meeting—Item 4.1
September 13, 2011

http://www.sanjoseca.gov/clerk/Agenda/20110913/20110913a.pdf Adobe PDF

  • Actions Related to Medical Marijuana Collectives
  • Supplemental Memo from Planning Commission
  • Supplemental Memo from City Attorney
  • Attachment Memo from Councilmember Oliverio
  • Attachment Memo from Councilmember Liccardo

 


Information Memo
September 9, 2011

City Manager's Weekly Report -Marijuana Business Tax Update

http://www.piersystem.com/external/content/document/1914/1189931/1/09-09-11%20CMO%20Weekly.pdf Adobe PDF


Manager’s Budget Addendum (MBA) re: Medical Marijuana
May 27, 2011

http://www.sanjoseca.gov/budget/FY1112/05MBA/MBA30-MedicalMarijuana.pdf  Adobe PDF


Medical Marijuana Info Memo
May 13, 2011
http://www.piersystem.com/external/content/document/1914/1089075/1/05-13-11%20CMO.pdf Adobe PDF


Medical Marijuana Collective Application Process Information Memo
April 21, 2011
http://www.piersystem.com/external/content/document/1914/1071027/1/04-21-11%20CMO%202.PDF Adobe PDF

City Council Meeting—Item 3.8
April 19, 2011

http://www.sanjoseca.gov/clerk/Agenda/20110419/20110419a.pdf Adobe PDF

  • Supplemental Memo (City Manager’s Office and City Manager’s Budget Office)
  • Supplemental Memo Transmitting Marijuana Maps
  • Supplemental Memo (City Attorney’s Office)
  • Memo from Councilmembers Oliverio and Rocha
  • Memo from Mayor Reed
  • Memo from Councilmember Pyle
  • Memo from Councilmember Chu
  • Memo from Vice Mayor Nguyen
  • Memo from Councilmembers Oliverio, Rocha and Kalra

City Council Meeting—Item 3.3
April 12, 2011
http://www.sanjoseca.gov/clerk/Agenda/20110412/20110412a.pdf Adobe PDF

  • Administration Memo
  • Supplemental Memo (City Manager’s Office and City Manager’s Budget Office)
  • Memo from Councilmembers Oliverio and Rocha
  • Memo from Mayor Reed
  • Supplemental Memo Transmitting Marijuana Maps
  • Title 20 Initiating Resolution
  • Title 6 Regular Ordinance
  • Fees and Charges Resolution

Public Safety, Finance & Strategic Support Committee—Item d (4)
March 17, 2011
http://www.sanjoseca.gov/clerk/CommitteeAgenda/PSFSS/20110317/PS20110317a.pdf Adobe PDF

  • Medical Marijuana Zoning/Land Use
  • Public Input

Rules Committee Meeting—Item H.2
March 9, 2011
http://www.sanjoseca.gov/clerk/CommitteeAgenda/Rules/20110309/rules20110309a.pdf Adobe PDF

  • The Establishment of a Maximum Number (Cap) and Streamlined Application Process for Medical Marijuana Establishments

Rules Committee Meeting—Item I.4.a
February 23, 2011
http://www.sanjoseca.gov/clerk/CommitteeAgenda/Rules/20110223/rules20110223a.pdf Adobe PDF

  • Medical Marijuana Marijuana Workplan

Information Memo— Marijuana Business Tax Outreach Plan and Implementation and Status of Regulations and Enforcement Activities
February 11, 2011
https://www.piersystem.com/external/content/document/1914/1016143/1/02-14-11%20Finance%20PBCE.PDF Adobe PDF

Information Memo—Marijuana Businesses
January 26, 2011
https://www.piersystem.com/external/content/document/1914/995559/1/01-27-11%20Finance.PDF Adobe PDF

Special City Council Meeting on Medical Marijuana
December 13, 2010
http://www.sanjoseca.gov/clerk/Agenda/20101213/20101213a.pdf Adobe PDF

Information Memo
August 30, 2010
Medical Marijuana Cannabis Dispensaries Adobe PDF

City Council Meeting—Item 3.3(c)
August 3, 2010
http://www.sanjoseca.gov/clerk/Agenda/20100803/20100803a.pdf Adobe PDF

  • Marijuana Business Tax Ballot Measure
  • Supplemental – Memo from the Office of the City Manager
  • Marijuana Business Tax Ballot Measure Resolution

Community Meeting (Roosevelt Community Center)
July 20, 2010

Meeting resources:

City Council Meeting—Item 3.10
June 22, 2010
http://www.sanjoseca.gov/clerk/Agenda/20100622/20100622a.pdf Adobe PDF

  • Administration Memo
  • Supplemental – Memo from the Office of the City Manager and the Police Chief
  • Supplemental – Memo from the Deputy City Attorney
  • Attachment – Memo from the Mayor and Councilmember Oliverio
  • Supplemental – Memo from the Office of the City Manager
  • Title 6 Regular Ordinance
  • Title 6 Urgency Ordinance
  • Land Use Urgency Ordinance
  • Title 20 Initiating Resolution
  • Fees and Charges Resolution
  • Administrative Citation Schedule of Fines
  • Alternative Urgency Ordinance
  • Alternative Initiating Resolution

Community Meeting, San Jose City Hall Chambers
June 7, 2010

City Council Meeting—Item 4.2
March 30, 2010
http://www.sanjoseca.gov/clerk/Agenda/20100330/20100330a.pdf Adobe PDF

  • Memorandum from Director of Planning, Building and Code Enforcement Joseph Horwedel dated January 20, 2010
  • Memorandum from City Attorney Richard Doyle dated January 21, 2010
  • Attachment – Memo from the Mayor
  • Supplemental – Memo from the City Attorney and Chief of Police
  • Attachment – Memo from Councilmember Oliverio
  • Attachment – Memo from Councilmember Oliverio

Rules and Open Government Committee Meeting—Item H(1)
January 27, 2010
http://www.sanjoseca.gov/clerk/CommitteeAgenda/Rules/20100127/rules20100127a.pdf Adobe PDF

  • Staff Workload Assessment (PBCE)
  • Informational Memorandum Providing Additional Background (City Attorney)
  • Other Supplemental Information
    • California Police Chiefs Association Position Paper on the Decriminalization of Marijuana - September 2009
    • City Attorney’s Report to the San Diego City Council Committee on Public Safety and Neighborhood Services on Medical Marijuana - July 24, 2009
    • White Paper on Marijuana Dispensaries by California Police Chiefs association’s Task Force on Marijuana Dispensaries - April 22, 2009

Rules and Open Government Committee Meeting—Item H(1)
November 18, 2009
http://www.sanjoseca.gov/clerk/CommitteeAgenda/RULES/20091118/rules20091118a.pdf Adobe PDF

  • Adopt Ordinance Allowing Cultivation/Medical Use of Cannabis in San Jose (PBCE) (VERBAL REPORT)

Rules and Open Government Committee Meeting—Item H(1)
November 4, 2009
http://www.sanjoseca.gov/clerk/CommitteeAgenda/RULES/20091104/rules20091104a.pdf Adobe PDF

  • Adopt Ordinance Allowing Cultivation/Medical Use of Cannabis in San Jose (Oliverio)

 

 
 
 
 
 

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