Cannabis retail dispensaries are PROHIBITED in unincorporated San Mateo County. The Board of Supervisors has adopted a ban on all commercial cannabis retail licenses under MAUCRSA. Limited commercial cultivation (mixed-light greenhouse and nursery) is allowed only on parcels designated Agriculture in the General Plan with a County commercial cannabis license. Delivery from licensed operators in other jurisdictions into unincorporated areas is permitted per state law (Bus & Prof Code §26090) and cannot be banned locally.
In 2017-2018 the San Mateo County Board of Supervisors adopted a commercial cannabis ordinance (Chapter 5.148 and related) that allows limited mixed-light (greenhouse) cultivation and nursery operations in unincorporated areas under a County Commercial Cannabis Activity License. Retail sales (storefront dispensaries), manufacturing, distribution, testing, and microbusinesses are PROHIBITED in unincorporated areas. Cultivation licenses are limited to parcels designated 'Agriculture' in the General Plan OR land with documented agricultural use for three or more prior years. Outdoor cultivation is not permitted even under commercial license (mixed-light greenhouse only). Setback requirements for licensed cultivation: minimum 1,000 feet from schools, daycares, youth centers, parks, and libraries per state law (Bus & Prof Code §26054). Security requirements include 24-hour video, alarm system, limited access, and odor control. Delivery from licensed retailers in other jurisdictions (e.g., San Jose, Oakland, San Francisco) to unincorporated San Mateo County addresses is permitted under Bus & Prof Code §26090 and MAUCRSA; counties cannot ban delivery. Licensed dispensaries operate in some San Mateo County cities (Half Moon Bay, unincorporated-adjacent), but not on unincorporated land.
Operating retail dispensary without license in unincorporated area: misdemeanor H&S §11360 plus civil nuisance abatement and closure. Cultivation outside Agriculture-designated parcels: permit revocation plus fines $1,000-$10,000 per day. Sales to minors: criminal H&S §11361 plus automatic license forfeiture.
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