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Sebastopol Issues Zoning Code Interpretation; Will Allow Delivery-Only Retail (and Other Medical Uses)

On October 24, the Sebastopol Planning Commission approved a Zoning Code Interpretation (hereafter, the “Interpretation”) that allows certain commercial medical cannabis uses to exist in zones of the city where similar uses are already allowed to operate. Sebastopol’s Planning Director, Kenyon Webster, authored the Interpretation. The Law Offices of Omar Figueroa offered guidance in the form of emails and letters to staff and the Planning Commission suggesting the Zoning Code Interpretation.

Sebastopol is a small, progressive city in Western Sonoma County, in California’s North Bay region.   It is the home of SPARC (formerly known as Peace in Medicine) one of the state’s premier medical cannabis dispensaries.  It happens to be where the Law Offices of Omar Figueroa is located, and where most of our staff resides. In contrast to most other jurisdictions throughout the state that are limiting their regulatory discussion to commercial medical cannabis activity, many members of the Planning Commission wanted to include adult use activities in the Interpretation as well. However, the Commission decided that a decision such as that would best be left to City Council.

City staff is currently drafting a comprehensive ordinance–which could be heard as soon as November 25–that would include new regulations for both medical and adult use cannabis businesses within Sebastopol. The new Interpretation is an interim measure that was designed with the approaching state licensing process in mind.

The Interpretation went into effect immediately once adopted. Under the Interpretation, the following medical cannabis businesses would be able to apply to the city of Sebastopol for a local permit: testing laboratories, non-volatile manufacturers, infused product manufacturers, delivery-only retailers, distributors, processors, and packagers & labelers. Such uses are either permitted in certain zones or are subject to a Use Permit.

Sebastopol is one of the few cities across the state to issue permits for non-storefront medical retailers (i.e., “delivery-only” dispensaries). Most other jurisdictions that allow delivery require that it be attached to a storefront dispensary. Under the new Interpretation, an office for a delivery-only retailer is a permitted use in non-residential zones throughout the city. This is good news for many delivery operators who have been looking for somewhere to locate and get permitted.

Sebastopol already has an ordinance regulating storefront dispensaries and has two such storefront dispensaries currently in existence. The Planning Commission asked the City Council to consider adopting an urgency ordinance that would allow the existing medical cannabis dispensaries to apply for adult use retail licenses.

For more information, including application submittal requirements and the required forms, or for assistance obtaining a commercial cannabis permit in Sebastopol in order to be eligible for state licensing, please contact the Law Offices of Omar Figueroa at (707) 829-0215 or (415) 489-0420.

 

The above information is provided as a public service. It is not intended as legal advice. For answers to your legal questions or legal assistance, including obtaining commercial cannabis permits and licenses in California, please contact the Law Offices of Omar Figueroa at (707) 829-0215 to schedule a confidential legal consultation.