Cupertino, CA Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Commercial marijuana
- Prohibited in all zones citywide
- Outdoor cultivation
- Banned, commercial or personal use
- Indoor personal grow limit
- 6 plants, 36 sq ft canopy
- Deliveries
- Inbound only; may not originate in city
- Enforcement chapters
- Chapters 1.10 and 1.12
Summary
Cupertino prohibits every commercial marijuana activity and all outdoor marijuana cultivation, commercial or personal, in every zoning district citywide. Municipal Code Section 10.84.030 states the City will not issue any permit, license or other entitlement for such uses. Only limited indoor personal cultivation and inbound deliveries survive under Section 10.84.040.
Except as provided in Section 10.84.040, all commercial activities involving marijuana and all outdoor cultivation of marijuana (both commercial and for personal use), whether or not they require a state or local license, are prohibited in all zones in the City. The City will not issue any permit, license or other entitlement for any commercial marijuana activity or outdoor cultivation of marijuana.
Full Breakdown
030 of the Cupertino Municipal Code prohibits all commercial activities involving marijuana and all outdoor cultivation, whether for commercial or personal use, in every zone in the City, regardless of whether a state or local license would otherwise be available. The City will not issue any permit, license or other entitlement for a commercial marijuana activity or outdoor cultivation. This is a citywide opt-out with no zoning district carved out for dispensaries, cultivation sites, manufacturing or testing facilities. 5 allow it, delivery into the City by a state-licensed operator so long as the delivery does not originate in Cupertino, and indoor cultivation for personal use inside a private residence.
Indoor cultivation is capped at six mature or immature plants per residence, confined to a single area no larger than 36 square feet of canopy or 10 feet in height, fully enclosed and locked, ventilated to prevent detectable odor beyond the residence, and barred from any exterior evidence such as visible plants or curing equipment. A renter must have the landlord's written authorization before cultivating. 5.
Violations & Fines
Operating or allowing a commercial marijuana business or outdoor grow anywhere in Cupertino exposes the property owner and operator to the administrative citations and fines in Chapter 1.10 and the misdemeanor or infraction penalties in Chapter 1.12, plus civil and nuisance abatement remedies. Exceeding six indoor plants, growing outdoors, or letting cultivation odor or evidence reach beyond the residence forfeits the Section 10.84.040 exemption entirely.
Frequently Asked Questions
Can a cannabis dispensary open in Cupertino?
Can I grow marijuana at home in Cupertino?
Can marijuana be delivered to a Cupertino address?
Sources & Official References
Other rules in Cupertino
California rules heatmap·Compare Cupertino to another location·View the California cannabis regulations overview
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How other cities in Santa Clara County handle dispensary zoning.