Milpitas, CA Cannabis Regulations: Dispensary Zoning (2026)

Milpitas' zoning ordinance addresses cannabis at Chapter C.10.080 (Cannabis Uses), and Subsection A states the city's intent to prohibit commercial cannabis activity to the fullest extent state law allows. Subsection E (Commercial Cannabis Uses Prohibited) is the operative dispensary-zoning rule: all medical and adult-use commercial cannabis uses are prohibited from establishing or operating anywhere in the city, and no Use Permit, Variance, Building Permit, or other administrative or discretionary entitlement can be approved or issued for one in any zone. That single subsection functions as a citywide opt-out, with no zone carved out for dispensaries, cultivation facilities, manufacturing, testing labs, distribution, or microbusinesses.

The ordinance does carve out a narrow personal-use lane that is not the same as a business: indoor personal cultivation of up to six plants per residence is allowed under Subsection D.1 if it meets fire, electrical, and building-code conditions and the residence keeps a functioning kitchen, bathroom, and bedroom, while all outdoor personal cultivation is banned under Subsection D.2. Cannabis delivery from outside businesses is likewise prohibited under Subsection F.1, with a narrow exception in Subsection F.2 for direct deliveries of medicinal cannabis to a specifically identified patient or caregiver between 6:00 A.M. and 10:00 P.M., after the delivery service registers with the Milpitas Police Department and obtains a City business tax license.

Subsection G declares any commercial cannabis use or noncompliant cultivation a public nuisance, and provides that where city and state penalties conflict, the maximum penalty allowed under state law governs.