Cannabis (Marijuana) FAQs
Is it legal to possess cannabis in San Marcos?
State law permits individuals 21 years of age or older to possess up to 28.5 grams of cannabis or eight grams of concentrated cannabis (Health & Safety Code § 11362.1).
Is it legal to cultivate cannabis indoors in San Marcos?
State law permits individuals 21 years or over to grow up to 6 cannabis plants indoors per residence, regardless of the number of persons/households living in a residence. (Health & Safety Code § 11362.2)
SMMC Chapter 5.54 requires indoor cultivation to comply with certain requirements, including, but not limited to:
- Occurs within a fully enclosed structure of a private residence
- Residence must have legal/functioning cooking, sleeping and sanitation facilities
- Cultivation area inaccessible to persons under 21 years
- Cultivation area secured by lock and key or other security device
- Grow not visible from public right-of-way
- Lighting, plumbing or electrical components used for cultivation must comply with all applicable laws
- Lighting cannot exceed 1,000 watts per light
- Use of volatile solvents prohibited
- Proper ventilation required; cultivation cannot produce humidity or mold
- No public nuisance (i.e. produces light, glare, heat, noise, odor or vibration)
- Must have a portable, fully charged fire extinguisher
Is it legal to cultivate cannabis outdoors in San Marcos?
No. SMMC Chapter 5.54 prohibits outdoor cultivation of cannabis in all zones within the City’s jurisdictional limits.
Is it legal to use cannabis in public in San Marcos?
No. SMMC Chapter 5.54 prohibits smoking, ingesting, inhaling, vaporizing, or otherwise using or introducing cannabis or cannabis products into the body in the following locations:
- Public places (i.e. retail stores, retail service establishments, retail food production and marketing establishments, restaurants, theaters, waiting rooms, reception areas, educational facilities and public transportation facilities; buildings owned, leased or occupied by the City; City facilities, grounds, trails and/or parks and recreational areas)
- Grounds of a school, day care center or youth center
- Within 1,000 feet of a school, day care center or youth center
- Locations prohibiting tobacco use
- Locations prohibiting persons under 21 years
- Locations permitting sale or consumption of alcohol or tobacco
- While driving, operating or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation
Are businesses permitted to engage in commercial cannabis operations in San Marcos?
No. SMMC Chapter 5.54 prohibits any commercial cannabis operation, use and/or activity in all zones within the City’s jurisdictional limits, including the following:
- Operating a dispensary
- Commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or retail, wholesale or other sale of cannabis and/or cannabis products
- All business and/or operations activities and uses associated with commercial cannabis
No permit, license or other entitlement or authorization, whether conditional or otherwise, will be issued by the City for the establishment of such operations, uses and/or activities.
Are businesses permitted to sell cannabidiol (CBD) or CBD products in San Marcos?
No. Any products containing and/or derived from parts of the cannabis plants that are prohibited under the Federal Controlled Substances Act, including, but not limited to, CBD, THC and terpenes are prohibited under Federal law. The California Department of Food and Agriculture acknowledges that industrial hemp is a Schedule 1 drug prohibited under the Federal Controlled Substances Act.
Who do I contact if I have further questions?
Contact the Planning Division at firstname.lastname@example.org or (760) 744-1050, Ext. 3204.