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Davis, CA Cannabis Regulations: Dispensary Zoning (2026)

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

Key Facts

Retailer cap
5 storefronts citywide, first 18 months
Delivery-only cap
4 citywide, first 18 months
Permit required
Conditional use permit
Final decision
City council, after planning commission recommendation
Barred zones
All residential districts (R-1 through R-HD)

Summary

Davis bans cannabis retailers from every residential zoning district and caps storefront retailers citywide at five for the first eighteen months after Ordinance No. 2514 took effect. Any retailer needs a conditional use permit and city council approval on top of zoning clearance.

Cannabis retailers are prohibited in the following zoning districts: (1) Residential One-Family (R-1). (2) Residential One-and Two-Family (R-2). ... (8) All planned development districts with residential uses of a similar nature. ... Cannabis retailers shall be limited to a total of no more than five in the city for the first eighteen months following the effective date of Ordinance No. 2514. Thereafter, the city council may, in its sole discretion, determine that additional use permit applications may be accepted for cannabis retailers to establish in the city.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4915048; v22 updated 2026-05-19).

Full Breakdown

080 flatly prohibits cannabis retailers in the R-1, R-2, R-2-CD, R-R, R-2-MH, R-3 and R-HD residential districts, plus any planned development zone carrying similar residential uses. Delivery-only retailers that are not open to the public face a second layer of restriction: they are also barred from the Central Commercial (C-C) and Community Retail (C-R) districts. Where retailers are allowed, they need a conditional use permit and must clear the locational standards in subsection (c), including the citywide cap described below. The planning commission reviews every cannabis retailer conditional use permit application and makes a recommendation, but the city council is the final decision-maker and can approve or deny based on factors listed in subsection (e): the type of use proposed, whether it would harm public health, safety or welfare, whether it enhances the area's economic viability, community support or opposition, the number of retailers already within 1,000 feet, and the applicant's history operating other cannabis businesses.

A retailer proposed for the Mixed-Use (M-U) district must specifically show compatibility with nearby residential uses. The director may attach additional operational conditions to any approved permit, so long as they do not conflict with other Code requirements. Davis has not opted out of commercial cannabis retail outright; instead it has chosen a capped, permit-by-permit approach administered jointly by the director, planning commission and city council.

Violations & Fines

Operating a cannabis retailer in a prohibited district or without the required conditional use permit is a zoning violation enforceable under the city's general Code enforcement and administrative citation procedures in Article 1.02. The city council can deny or decline to renew a conditional use permit application that fails its subsection (e) review factors, and the director may condition any granted permit to address operational problems before they trigger revocation proceedings.

Frequently Asked Questions

Can a cannabis dispensary open in a Davis residential neighborhood?
No. Section 40.26B.080(a) prohibits cannabis retailers in every residential zoning district, including R-1, R-2, R-2-CD, R-R, R-2-MH, R-3, R-HD and similarly residential planned developments, with no variance path around this list.
Is there a limit on how many dispensaries Davis will allow?
Yes. Section 40.26B.080(c)(2) limits storefront cannabis retailers to five citywide for the first eighteen months after Ordinance No. 2514's effective date, after which the city council may, at its discretion, accept additional applications.
Has Davis opted out of allowing cannabis retail?
No. Davis permits cannabis retailers subject to zoning restrictions and a conditional use permit under Section 40.26B.080, rather than banning the use citywide; delivery-only retailers face their own separate four-permit cap.
Who decides whether a cannabis retailer permit gets approved?
The planning commission reviews every application and issues a recommendation, but Section 40.26B.080(e) makes the city council the final review authority, weighing factors like community support, crime history and concentration of existing retailers within 1,000 feet.

Sources & Official References

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