Encinitas Cannabis Ordinance

Encinitas Municipal Code Chapter 9.25 - Cannabis Activity

Registration and Application Materials

Below are registration and application materials for retail and non-retail cannabis businesses.

Retail

• Procedures and Guidelines
• Flowchart

Retail Lottery
The City conducted the cannabis retailer lottery on Friday, October 21, 2022. Video of the lottery can be found here. The following four registrations were selected in the lottery:

Only those registrations selected in the lottery may proceed to Phase II of the licensing process.

The list of lottery tiers and lottery procedures can be found below:

• Lottery Procedures
• Location Buffer Map
• Tier 1
• Tier 1 Locations
• Tier 2
• Tier 2 Locations
• Tier 3
• Tier 3 Locations

Non-Retail

• Procedures and Guidelines
• Registration Form
• Application Form
• Financial Responsibility and Indemnification Agreement
• Geographic Barrier Form

Online Mapping Tool

The City has developed an online mapping tool to assist the public and potential applicants in determining where it may be possible to locate a cannabis business. There are two separate maps, one for cannabis retail use, and one for all other cannabis uses (non-retail). The maps display:

• Allowable zoning districts for each use as established by Measure H
• 1,000' buffers for sensitive uses, including day care centers, playgrounds, and schools, as established by Measure H
• 600' buffers for youth centers, as established by California Business and Professions Code (BPC) Section 26054(b)

Only the locations of sensitive uses in existence prior to January 10, 2022, have been used in determining the separation buffers on the maps. Regardless of what is depicted on these maps, it will be the responsibility of the applicant to ensure and demonstrate that a proposed location meets all sensitive use buffer requirements based on sensitive uses in existence at the time of application, which will be verified by City staff.

Community Outreach

City Council Status Update - February 22, 2023

Staff provided a status update on cannabis retail businesses to the City Council on February 22, 2023. Below is a link to the informational slideshow presentation:

• Slideshow Presentation

More information can be found on the Meeting Agendas and Webcasts page.

Public Workshop - December 1, 2021

A community workshop for the cannabis ordinance amendment was held on December 1, 2021. This workshop provided an opportunity for residents and businesses to learn about the cannabis business application process, vetting, locations, and the process for filing cannabis complaints. Below are links to the workshop slideshow presentation and video recording.

• Slideshow Presentation
• Video Recording

To sign up to receive information on cannabis as it is released, go to the City Updates page, enter your e-mail address, and check the “Measure H – Marijuana Initiative” box.

Background

Encinitas voters passed Measure H at the November 3, 2020 Regular Municipal Election. Measure H was a citizen’s initiative regarding cannabis that qualified for the ballot through the California elections code process. As required by law, the measure was placed on the ballot exactly as it was written and submitted to the City. The City is unable to make any changes to the measure as approved by the voters, and must implement the measure as written.

On August 11, 2021, the City Council adopted Ordinance No. 2021-04 to implement Measure H. On December 17, 2021, a Local Coastal Program Amendment regarding Ordinance No. 2021-04 was approved by the California Coastal Commission. Ordinance No. 2021-04 authorizes several cannabis-related uses in certain commercial, industrial, and agricultural zones. Ordinance No. 2021-04 created a new Encinitas Municipal Code (EMC) Chapter 9.25.

On October 20, 2021, the City Council adopted Resolution No. 2021-94 establishing cannabis business registration, application, and other regulatory fees in conjunction with Measure H.

On April 12, 2023, the City Council adopted Resolution No. 2023-21 setting forth the specific tax rates for cannabis businesses. 

More information can be found on the Meeting Agendas and Webcasts page.

Facts

Pursuant to Measure H, cannabis retail sales, cultivation, product manufacturing, kitchens, distribution, and industrial hemp uses are permitted in the City subject to certain regulations and restrictions. The following are some of the rules established by the measure:

• A minimum of four business licenses shall be granted to retailers. The City Council may choose to increase the number of licenses granted at their discretion.
• Retailers are permitted in the following zones: General Commercial (GC), Downtown Encinitas Specific Plan Commercial Mixed-Use (D-CM-1 & D-CM-2), North 101 Corridor Specific Plan Commercial Mixed-Use (N-CM-1, N-CM-2 & N-CM-3), Encinitas Ranch Specific Plan Commercial (ER-C) and Mixed-Use (ER-MU1 & ER-MU2), Cardiff-by-the-Sea Specific Plan General Commercial (C-GC1 & C-GC2).
• Retailers shall maintain a 1,000-foot separation from sensitive uses, defined as a day care center, playground, other retailer, or school.
• Retail cannabis business licenses shall be determined through a tiered lottery system, with the first lottery drawing among the applicants who meet the maximum number of criteria for preference.
• Product manufacturing and cannabis kitchen uses are allowed in the Business Park (BP), Light Industrial (LI), and Encinitas Ranch Specific Plan Agricultural (ERSP-AG) zones. Distribution site uses are permitted in the Business Park (BP) and Light Industrial (LI) zones. Commercial cultivation and industrial hemp uses are allowed in the Encinitas Ranch Specific Plan Agricultural (ERSP-AG) zone only.
• See the Measure H Ordinance document and FAQs for further information.

Additional Resources

State Cannabis Licensing Regulations

• California Department of Cannabis Control
• California Industrial Hemp Program
• Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)

Public Health and Safety Information

• California Department of Public Health - Let’s Talk Cannabis

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