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

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

Key Facts

Dispensaries
Prohibited citywide
Cultivation/processing
Prohibited citywide
Licensed uses
Testing lab, delivery, distribution, infusion mfg.
License required
Yes, non-transferable, site-specific
Unlicensed operation
Declared a public nuisance
Personal use/cultivation
Governed by state law, not this chapter

Summary

San Rafael prohibits cannabis dispensaries, cultivation and processing anywhere in the city. The only commercial cannabis activity the city licenses is cannabis testing labs, non-storefront delivery, distribution and infused-product manufacturing, under San Rafael Municipal Code Section 10.96.050.

Notwithstanding Section 10.96.080, the city shall allow commercial cannabis activity and testing laboratories by license only, as described below: ... 2.A cannabis business may apply for any of the following:a.Testing Laboratory License. State License Type 8. A testing laboratory license is required for all activities for which MAUCRSA requires a Type 8 state license. ... c.Cannabis Delivery—Non-storefront. State License Type 9. A non-storefront retailer license is required for all activities for which MAUCRSA requires a Type-9, non-storefront retailer state license to conduct retail cannabis sales exclusively by delivery as defined in Business and Professions Code section 26001(p).d.Cannabis Distribution. State License Type 11. A distribution license is required for all activities for which MAUCRSA requires a Type 11 state license.e.No license shall be issued if the cannabis activity is not a permitted land-use in the city. ... 5.Unless expressly permitted and outlined in this chapter all other types of cannabis businesses (medical or non-medical) are prohibited within city limits.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).

Full Breakdown

050 spells out. That section allows a business to apply for one of four license types: a Testing Laboratory License (state Type 8), a Manufacturing License for infusions (state Type N), a Cannabis Delivery Non-storefront license (state Type 9, for retail sales conducted exclusively by delivery), and a Cannabis Distribution license (state Type 11). No license issues unless the activity is also a permitted land use, and any cannabis business type not expressly listed in the chapter is prohibited within city limits. 080(A) makes that prohibition explicit for the two uses residents ask about most: cannabis cultivation and cannabis dispensaries are prohibited activities in the city, with no person or entity allowed to conduct them except where federal or state law preempts a local ban.

045 confirms that cannabis testing/lab, infused products, delivery and distribution are the only cannabis land uses the zoning code allows, and that dispensaries, cultivation and processing are prohibited citywide. Personal, non-commercial cultivation or use of cannabis is not covered by these local rules and instead runs on state law. 030 is a zero-tolerance approach: commercial cannabis operation is treated as a revocable privilege, not a right, and no business or individual acquires a vested or nonconforming right to operate a dispensary by having done so before the ordinance existed.

Violations & Fines

Under Section 10.96.090, any cannabis business operated, conducted or maintained contrary to Chapter 10.96, including an unlicensed dispensary, cultivation operation or processing facility, is declared unlawful and a public nuisance. The city attorney may bring a criminal prosecution or a civil abatement, injunction or nuisance action, and those remedies are cumulative with any other judicial or administrative penalty available under the code or state law, including the citywide infraction/misdemeanor penalty of up to a $500 fine under Section 1.42.010.

Frequently Asked Questions

Can I open a cannabis dispensary in San Rafael?
No. Section 10.96.080(A) prohibits cannabis dispensaries as an activity anywhere in the city, and Section 10.96.050 does not list a retail storefront license among the license types San Rafael issues.
What cannabis businesses are actually legal in San Rafael?
Only four license types under Section 10.96.050: a cannabis testing laboratory, an infusion manufacturer, a non-storefront delivery retailer, and a distributor. Each license is site-specific and non-transferable, and the activity must also be a permitted land use.
Is cannabis cultivation allowed anywhere in San Rafael?
No commercial cultivation. Section 10.96.080(A) bars cannabis cultivation as a business activity citywide, subject only to any activity the city is preempted from prohibiting under federal or state law.
Does San Rafael's dispensary ban affect personal cannabis use?
No. Section 10.96.050 and Chapter 10.96 regulate commercial cannabis businesses only; personal cultivation and use of cannabis are governed by California state law, not this chapter.

Sources & Official References

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