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San Benito County, CA Cannabis Regulations: Dispensary Zoning (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of San Benito County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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 §§

View official code

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?
No. County Code § 25.08.024 prohibits marijuana dispensaries in every zoning district and bars the county from approving any permit, use permit, or variance for one.
Does this ban apply in Hollister or San Juan Bautista?
No: those are separate incorporated cities with their own municipal codes; this county ordinance governs only the unincorporated area.

Sources & Official References

Other rules in San Benito County

All San Benito County rules

California rules heatmap·Compare San Benito County to another location·View the California cannabis regulations overview

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