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Berkeley, CA Cannabis Regulations: Dispensary Zoning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Storefront retail zoning
Commercial Districts, Zoning Certificate
Storefront cap
7 citywide, 1 equity-reserved
Delivery-only cap
7 citywide (4 equity, 3 non-equity)
Delivery-only exclusion
Not allowed in C-N district
Cap frozen
3 years from March 15, 2020

Summary

Berkeley has not opted out of cannabis retail: storefront retailers are allowed with a Zoning Certificate in Commercial Districts, capped at seven citywide, while delivery-only retailers are capped at seven and barred from the C-N district.

D. Storefront Retailers. 1. A storefront retailer is permitted in Commercial Districts with a Zoning Certificate, and must maintain compliance with Municipal Code Chapters 12.21 (Cannabis Business: General Regulations) and 12.22 (Cannabis Business Operating Standards) and security regulations promulgated by the Chief of Police. 3. Up to seven storefront retail permits may be issued, one of which is reserved for an equity candidate... E. Delivery-Only Retailers. 1. Seven delivery-only retailers are permitted citywide, four of which shall be operated by an equity business, and three of which shall be a non-equity business... 3. Delivery-only retailers are permitted with a Zoning Certificate in all Commercial Districts other than the C-N district.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).

Full Breakdown

22 (Cannabis Business Operating Standards). 020 and comply with security regulations set by the Chief of Police. 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. 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. B, and the Zoning Officer may approve an Administrative Use Permit letting such a nonconforming dispensary expand onto an adjacent parcel. C.

Violations & Fines

Operating a storefront or delivery-only cannabis retailer outside the districts and numeric caps set by Section 23.320.020, without completing the Section 12.22.020 selection process, or without the required Zoning Certificate, places the business outside the chapter's zoning authorization; enforcement runs through the general cannabis business regulations in Chapters 12.21 and 12.22 and the security standards set by the Chief of Police.

Frequently Asked Questions

Has Berkeley opted out of allowing cannabis dispensaries?
No. Section 23.320.020 affirmatively zones storefront and delivery-only cannabis retail into the city, permitting up to seven storefront retailers and seven delivery-only retailers citywide through a competitive selection process under Section 12.22.020.
What zoning districts allow a cannabis storefront in Berkeley?
Commercial Districts, with a Zoning Certificate, under Section 23.320.020.D.1. Delivery-only retailers are allowed in any Commercial District except C-N, and also in the Manufacturing district where they are treated like a warehouse-based non-store retailer.
Can an old medical dispensary in Berkeley keep operating if it does not meet current rules?
Yes, if it was existing and authorized as of January 1, 2010. Section 23.320.020.B lets it continue as a legal nonconforming use, and the Zoning Officer can approve an Administrative Use Permit for it to expand onto an adjacent parcel.

Sources & Official References

Other rules in Berkeley

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Dispensary Zoning in Nearby Cities

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