Hercules, CA Cannabis Regulations: Dispensary Zoning (2026)

Hercules opted out of state cannabis licensing entirely rather than create a local permit path. 03(a) blocks the city from issuing any business license for an activity that violates state or federal law, and singles out marijuana dispensaries, commercial sales, delivery, and cultivation by name. Subsection (b) goes further, declaring commercial and nonpersonal-use marijuana activity of every kind expressly prohibited in all planning areas and zoning districts citywide, with no conditional-use permit and no overlay zone where a storefront, delivery hub, manufacturing site, or testing lab could locate.

Subsection (c) closes the delivery loophole by banning any marijuana delivery that either originates or terminates within Hercules, carving out only the noncommercial delivery a patient's primary caregiver makes. Subsection (d) confirms the City will not issue any permit, license, or entitlement for an activity that would require a state license under the Medical Marijuana Regulation and Safety Act or the Adult Use of Marijuana Act. 04: an adult 21 or older may grow up to six plants indoors, inside a locked, fully enclosed structure invisible from the street, after signing a consent form with the City Manager and obtaining the property owner's written consent; that authorization expires after twelve months and must be renewed annually. 07 reserves the City's right to adopt further local marijuana regulation consistent with state law.