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San Clemente, CA Cannabis Regulations: Dispensary Zoning (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Ban applies
All zoning districts, no exceptions
Dispensaries/delivery
Prohibited use, Section 17.28.035(D)(2)
Commercial cultivation/manufacturing
Also prohibited, Section 17.28.035(E)
Adopted
Ordinance No. 1613, January 19, 2016
Enforcement
Public nuisance abatement, Chapter 1.16

Summary

San Clemente Municipal Code Section 17.28.035 prohibits cannabis dispensaries, delivery services, and every other commercial marijuana business in all zoning districts. No use permit, variance, or building permit can be approved for one, so there is no zone in the city where a storefront or delivery operation can legally locate.

D.Medical Use.1.Cultivation of medical marijuana pursuant to Section 11362.77 of the California Health and Safety Code is subject to the cultivation requirements laid out in Subsection C. of this section.2.The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district ... E.Commercial Use. The establishment or operation of any business of commercial marijuana activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Traffic: Supplement 30 | Code of Ordinances: Supplement 66 Update 1).

Full Breakdown

035, adopted by Ordinance No. 1613 in January 2016 and amended by Ordinance No. 1632 later that year, treats every form of commercial cannabis activity as a prohibited use in every zoning district in San Clemente. 2 bars any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider outright, stating that no use permit, variance, building permit, or any other administrative or discretionary entitlement may be approved or issued for one. Subsection E extends the same prohibition to commercial marijuana activity generally, naming the transportation, delivery, storage, distribution, or sale of marijuana or marijuana products; cultivation; manufacturing or testing; and any other business licensed by the state under Division 10 of the Business and Professions Code.

Because the ban runs through every zoning district rather than carving out an industrial or commercial overlay, there is no map-based path to a licensed storefront, delivery hub, cultivation site, or testing lab anywhere within city limits. The section's stated purpose is to regulate personal, medical, and commercial marijuana uses while leaving state and federal law otherwise intact, and it pairs the commercial ban with a citywide prohibition on outdoor cultivation and a cap on indoor personal cultivation. A resident seeking a business license for any cannabis-related enterprise will be turned down at the permit counter regardless of the underlying zoning designation, since the code forecloses the discretionary review process before it starts.

Violations & Fines

Section 17.28.035(F) makes every violation unlawful and declares any condition caused by a violation a public nuisance, abatable under Chapter 1.16 and state law, independent of any other penalty. Operating an unpermitted dispensary can also draw the misdemeanor and administrative-citation remedies available under Title 1 of the Municipal Code, on top of state enforcement against an unlicensed cannabis business.

Frequently Asked Questions

Can I open a cannabis dispensary in San Clemente?
No. Municipal Code Section 17.28.035(D)(2) makes a medical marijuana dispensary, collective, cooperative, or delivery service a prohibited use in every zoning district in the city, and Section (E) prohibits commercial marijuana activity generally. No use permit, variance, or business license can be issued for one.
Is San Clemente an opt-out city for commercial cannabis?
Yes. The city never created a licensing or zoning pathway for commercial marijuana businesses. Section 17.28.035 forecloses dispensaries, delivery services, cultivation, manufacturing, and testing labs in every district, so there is no application process to opt into.
What cannabis activity does San Clemente's ban cover?
Section 17.28.035(E) lists the transportation, delivery, storage, distribution, or sale of marijuana or marijuana products or accessories, marijuana cultivation, and manufacturing or testing of marijuana or marijuana products as prohibited businesses, along with any other cannabis business licensed by the state under Division 10 of the Business and Professions Code.

Sources & Official References

Other rules in San Clemente

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