San Benito County, CA Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Dispensaries
- Prohibited in all zoning districts
- Scope
- Unincorporated San Benito County only
- Citation
- County Code § 25.08.024
- Adopted
- Ord. 1043, 2022
- Personal use
- State medicinal rights unaffected
Summary
Marijuana dispensaries are banned outright across unincorporated San Benito County: the use is prohibited in every zoning district and no permit, variance, or entitlement can authorize one.
The establishment, development, construction, maintenance, or operation of a marijuana dispensary is hereby prohibited, and is not a permitted use in any zoning district, even if located within an otherwise permitted use. No person shall establish, develop, construct, maintain, or operate a marijuana dispensary, and no application for a building permit, use permit, variance, or any other entitlement authorizing the establishment, development, construction, maintenance, or operation of any marijuana dispensary shall be approved by the County of San Benito or any officer or employee thereof.
(B) Definitions. The following definitions are used in this section.
(1) MARIJUANA DISPENSARY means any of the following:
(a) Any for profit or not-for-profit facility, building, structure, premises, or location, whether fixed, mobile, permanent or temporary, where any person(s) (including, but not limited to, any “primary caregiver(s),” “qualified patient(s)” or “person(s) with an identification card”) makes available, sells, gives, distributes, or otherwise provides marijuana to any two or more other persons (including, but not limited to, any “primary caregiver(s),” “qualified patient(s)” or “person(s) with an identification card”) pursuant to Cal. Health and Safety Code §§ 11362.5 et seq. and/or §§
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: current through Ordinance 1078).
Full Breakdown
The county code flatly prohibits the establishment, development, construction, maintenance, or operation of a marijuana dispensary in any zoning district in unincorporated San Benito County, even within an otherwise permitted use, and bars county staff from approving any building permit, use permit, variance, or other entitlement for one. The ban covers for-profit and nonprofit facilities, cooperatives, collectives, and clubs where marijuana is made available to two or more patients or caregivers. It does not affect a patient's state-law right to possess, use, or cultivate marijuana for medicinal purposes, and does not apply inside Hollister or San Juan Bautista, which regulate cannabis under their own municipal codes.
Violations & Fines
Operating or approving a marijuana dispensary violates § 25.08.024 and falls under the county's general penalty: a fine up to $1,000, up to six months in jail, or both, per day of violation.
Frequently Asked Questions
Can I open a cannabis dispensary in unincorporated San Benito County?
Does this ban apply in Hollister or San Juan Bautista?
Sources & Official References
Other rules in San Benito County
California rules heatmap·Compare San Benito County to another location·View the California cannabis regulations overview
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