Berkeley, CA Cannabis Regulations: Dispensary Zoning (2026)

Berkeley Municipal Code Section 23.320.020 sets the zoning framework for cannabis retail under Chapter 23.320 (Cannabis Uses), which supplements Chapter 12.21 (Cannabis Business: General Regulations) and Chapter 12.22 (Cannabis Business Operating Standards). Storefront retailers are permitted in Commercial Districts with a Zoning Certificate under Section 23.320.020.D.1, but must go through the selection process in Section 12.22.020 and comply with security regulations set by the Chief of Police. The code caps storefront retail permits at seven citywide, one of which is reserved for an equity candidate, and Section 23.320.020.D.3 froze that numeric limit from reconsideration for three years starting March 15, 2020.

Expansion of an approved storefront retailer must still meet the development standards of its zoning district. Delivery-only retailers get a separate track: Section 23.320.020.E permits seven citywide (four equity, three non-equity) through the same Section 12.22.020 selection process, allowed with a Zoning Certificate in every Commercial District except C-N, and also permitted in the Manufacturing (M) district where they are evaluated like a warehouse-based non-store retailer. Delivery-only retailers cannot occupy a street-fronting tenant space in a Commercial District. A pre-2010 medical cannabis dispensary that does not conform to current rules may continue as a legal nonconforming use under Section 23.320.020.B, and the Zoning Officer may approve an Administrative Use Permit letting such a nonconforming dispensary expand onto an adjacent parcel. A retailer in good standing, with all fees paid and no outstanding violations, may also apply to relocate under Section 23.320.020.C.