Downey's Cannabis Regulations: The Rules That Matter

If you live in Downey or are thinking about moving there, cannabis regulations are one of those things you probably won't think about until they affect you directly. Downey has 2 specific rules on the books covering different aspects of cannabis regulations, and some of them might surprise you.

Dispensary Zoning

Downey bans commercial cannabis outright: no zone permits a dispensary, delivery service, or any other commercial cannabis establishment or activity under Municipal Code §§ 9428.04, 9428.06, and 9428.08.

Key details: Dispensaries permitted: None; citywide ban, no zone allows it. Delivery: Banned to and from any Downey location. Adopted by: Ordinance 1384, adopted 10-24-17. Only exemption: Federally funded medical research (§ 9428.14). Activities covered: Cultivation, manufacturing, sale, distribution, delivery.

Violating §§ 9428.04, 9428.06, or 9428.08 is enforced as a code violation subject to the City's general penalty provisions; each of these sections was adopted by Ordinance 1384 in 2017 specifically to close off commercial cannabis activity after state legalization. The City can pursue civil, criminal, or administrative remedies against the operator, property owner, and any participant in the prohibited activity, with no zoning permit or variance available to cure the violation.

This is not one of those rules that cities tend to ignore. Downey actively enforces its dispensary zoning requirements.

Home Cultivation

Downey allows indoor personal cannabis cultivation only inside a fully enclosed, secure structure, capped at six plants, 50 square feet of cultivation area, and 1,200 watts of grow lights, under Municipal Code § 9428.12; outdoor growing stays banned.

Key details: Plant limit: 6 living plants, indoor only. Grow area cap: 50 square feet cumulative. Lighting cap: 1,200 watts aggregate. Minimum age: 21 years old. Banned locations: Garages, ADUs, front/street-side yards.

Unless authorized under § 9428.12, cultivating marijuana anywhere in Downey is unlawful under § 9428.10. Growing outdoors, exceeding six plants, exceeding the 50 square foot or 1,200 watt caps, using gas equipment or generators, cultivating in a garage or ADU, or letting the grow become visible from outside are each violations of the indoor cultivation standards and enforceable as code violations, independent of the separate misdemeanor penalties that attach to commercial cannabis activity under this chapter.

Compared to other cities, Downey takes a harder line on home cultivation. The enforcement and penalty structure reflects that.

The Bottom Line

Downey is tougher than many cities when it comes to cannabis regulations. Out of the 2 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Downey, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Downey can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.