San Bernardino County, CA Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Zoning status
- Banned in every unincorporated zoning district
- Permits
- None issued for dispensary or delivery use
- Penalty
- Misdemeanor, citable as infraction
- Cultivation exemption
- Up to 12 plants, personal medical use only
- Scope
- Unincorporated area only, not the 24 cities
- Governing section
- County Code § 84.34.030
Summary
San Bernardino County bans commercial cannabis activity, including delivery, in every land use zoning district of the unincorporated area under County Code § 84.34.030. No permit of any kind may be issued for a dispensary, and operating one is a misdemeanor enforceable under Chapter 86.09.
§ 84.34.030 Prohibition of Commercial Cannabis Activity. Except as expressly provided by §§ 84.34.040 and 83.34.050, commercial cannabis activity shall not be considered a permitted or conditionally permitted use in any land use zoning district. Commercial cannabis activity, including delivery, is prohibited in all land use zoning districts, as those may be amended from time to time, and no permit of any type shall be issued therefor. It shall be unlawful for any person to conduct, cause to be conducted, or permit to be conducted, a commercial cannabis activity within the unincorporated area of the County. Any person violating any provision of this Chapter is guilty of a misdemeanor, punishable in accordance with the provisions of Chapter 86.09 (Enforcement) and Chapter 2 of Division 1 of Title 1 of this Code. Notwithstanding the foregoing, a misdemeanor violation may be cited, charged, and prosecuted as an infraction. This Section shall not affect the right to possess or use cannabis as authorized by Federal or State law.
Full Breakdown
County Code § 84.34.030 prohibits commercial cannabis activity, including delivery, as a use in every land use zoning district in the unincorporated area of San Bernardino County. The Code states that commercial cannabis activity "shall not be considered a permitted or conditionally permitted use in any land use zoning district" and that "no permit of any type shall be issued therefor," so there is no zone, industrial, commercial or otherwise, where a licensed storefront or delivery-only dispensary can locate on unincorporated land. The ban reaches any person who conducts, causes to be conducted, or permits a commercial cannabis activity within the unincorporated area.
Violating the Chapter is a misdemeanor, punishable under Chapter 86.09 (Enforcement) and Title 1, Division 1, Chapter 2 of the County Code, though the County may instead cite, charge and prosecute a violation as an infraction. The prohibition does not reach personal possession or use protected under state law; § 84.34.030 expressly states it "shall not affect the right to possess or use cannabis as authorized by Federal or State law."
Two narrow exemptions in the same Chapter cover cultivation, not retail: § 84.34.040 lets a person with a medical identification card, or their primary caregiver, grow up to 12 plants indoors at a private residence (24 aggregate per residence with multiple qualifying people), and § 84.34.050 covers a primary caregiver affiliated with a licensed facility. Neither exemption authorizes a dispensary, delivery service, or any other commercial cannabis business; the countywide ban on commercial activity in every zoning district stands. The rule applies only to the unincorporated area; each of the County's 24 incorporated cities, including San Bernardino, Fontana, Rancho Cucamonga and Ontario, sets its own cannabis business rules under its own municipal code.
Violations & Fines
Operating or facilitating a dispensary, delivery service, or any other commercial cannabis business in the unincorporated area violates § 84.34.030 and is a misdemeanor enforceable under Chapter 86.09 and Title 1, Division 1, Chapter 2 of the County Code. The County has discretion to instead cite, charge and prosecute the violation as an infraction rather than a misdemeanor.
Frequently Asked Questions
Can I open a cannabis dispensary in unincorporated San Bernardino County?
Is growing my own cannabis at home also banned?
What is the penalty for operating an illegal dispensary?
Does this ban apply inside cities like Fontana or Ontario?
Sources & Official References
Other rules in San Bernardino County
California rules heatmap·Compare San Bernardino County to another location·View the California cannabis regulations overview
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