Fremont, CA Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Dispensaries allowed
- None, citywide ban
- Delivery
- Also banned, civil enforcement only
- Use permits
- None issued for marijuana activity
- Governing section
- FMC 18.190.307
- State-protected exception
- Personal possession/use only
Summary
Fremont prohibits marijuana activities, including dispensaries, in every zoning district and will not issue a use permit for one. Fremont has opted out entirely; no zone allows a cannabis storefront or delivery hub.
(a) Marijuana activities, as defined in Section 18.25.1815(b), including, without limitation, medical marijuana dispensaries as defined in Section 18.25.1815(g), are prohibited in all zones, and no use permit of any type shall be issued therefor. (b) All marijuana delivery and medical marijuana delivery, including any mobile delivery within the city from any location outside the city limits, are subject to the ban stated in subsection (a) of this section. Medical marijuana delivery shall not be deemed a misdemeanor, infraction, or crime of any kind, but shall be subject to civil enforcement remedies available by law, at the discretion of the city.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 02-2026, passed May 5, 2026).
Full Breakdown
1815(g), are prohibited in all zones, and no use permit of any type shall be issued for one. Subsection (b) extends the ban to marijuana delivery, including mobile delivery originating from any location outside city limits; delivery violations are treated as civil, not criminal, matters, meaning the city pursues civil enforcement remedies rather than misdemeanor or infraction charges. 5 (personal possession and use) remain lawful despite the local ban. Because the ordinance targets commercial marijuana activity and zoning use permits rather than personal cultivation, it operates alongside, not instead of, the city's separate home-cultivation rules.
The practical effect for anyone looking to site a dispensary, delivery service, or cannabis retail storefront in Fremont is that there is no zoning district, use permit, or conditional use permit pathway available anywhere in the city.
Violations & Fines
Operating a marijuana dispensary, delivery service, or other commercial marijuana activity anywhere in Fremont violates FMC 18.190.307(a) regardless of zoning district; the city treats unlawful delivery as a civil enforcement matter and can pursue injunctive or civil penalty remedies rather than criminal charges, while an unpermitted dispensary use is also a zoning code violation subject to abatement.
Frequently Asked Questions
Can I open a cannabis dispensary anywhere in Fremont?
Is cannabis delivery to Fremont addresses legal?
Does Fremont's ban affect personal marijuana possession?
Sources & Official References
Other rules in Fremont
California rules heatmap·Compare Fremont to another location·View the California cannabis regulations overview
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Dispensary Zoning in Nearby Cities
How other cities in Alameda County handle dispensary zoning.