Butte County, CA Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Rule
- Marijuana dispensaries prohibited countywide
- Governing section
- § 24-166
- Permit path
- None; no CUP or variance available
- Glossary confirmation
- § 24-304, "prohibited use" note
- Cultivation
- Separately regulated under Chapter 34A
- General penalty
- Up to $1,000 fine / 6 months jail
Summary
Butte County's Zoning Ordinance bans marijuana dispensaries outright. Section 24-166 states plainly that the use is prohibited, and the glossary entry for "Marijuana Dispensary" in Section 24-304 repeats the point, noting the use is prohibited countywide. There is no zone, permit, or conditional approval path that allows a dispensary to open anywhere in unincorporated Butte County.
24-166 - Marijuana dispensaries. Marijuana dispensaries shall be a prohibited use within Butte County.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 61).
Full Breakdown
Section 24-166 of the Zoning Ordinance is a single-sentence prohibition sitting among the "Supplemental Use Regulations" alongside Section 24-165 (Kennels) and Section 24-167 (Mobile Home Parks): "Marijuana dispensaries shall be a prohibited use within Butte County." Because the Use Regulation Tables in Article II only assign zoning designations to uses that are allowed somewhere in the county, "Marijuana Dispensary" does not appear as a "P," "A," "C," or "M" entry in any of the AG, residential, commercial, industrial, or special purpose use tables; the prohibition in Section 24-166 removes it from the permitting system entirely rather than routing it through a particular zone.
The glossary confirms the scope of the ban. Section 24-304 defines "Marijuana Dispensary" as "a facility or location where marijuana is made available to a qualified patient," and appends the parenthetical note "(Note: This is a prohibited use in Butte County)" directly to that definition, so there is no ambiguity about whether a caregiver, collective, or state-licensed retailer model changes the outcome. The ordinance draws a distinction elsewhere in the code between dispensing marijuana and cultivating it: Chapter 34A, the Butte County Medical Cannabis Ordinance, separately regulates cultivation under its own permit and setback standards, and the Community Garden definition in Section 24-304 separately states that "the cultivation of marijuana is not a permitted use in a community garden." But the retail dispensary prohibition in Section 24-166 stands on its own and applies countywide, with no CUP, variance, or overlay zone that can override it.
Violations & Fines
Operating a marijuana dispensary anywhere in unincorporated Butte County is a zoning violation from the moment it opens, since no permit exists to authorize it. The County can pursue abatement and code enforcement remedies under Chapter 41 (Code Enforcement Policies and Procedures) and Chapter 32A (Property Maintenance and Abatement of Nuisances). Absent a more specific penalty, Section 1-7 sets a general fine of up to one thousand dollars, up to six months in county jail, or both, with each day of continued operation a separate offense.
Frequently Asked Questions
Can a marijuana dispensary open anywhere in unincorporated Butte County?
Does the county's cannabis cultivation ordinance allow dispensaries instead?
Is the dispensary ban tied to a specific zoning district?
Sources & Official References
Other rules in Butte County
California rules heatmap·Compare Butte County to another location·View the California cannabis regulations overview
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