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Merced County, CA Cannabis Regulations: Dispensary Zoning (2026)

Heavy Restrictions

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

Key Facts

Commercial cannabis activity: Prohibited in every zoning district
State license approval: Still violates the county ban
Delivery exception: Only out-of-county M-Type 10 retailers
Personal cultivation cap: 6 plants, indoors only, at a residence
Abatement notice period: 72 hours to correct violation
Enforcing agencies: Sheriff and community/economic development director

Summary

Merced County outlaws commercial cannabis activity in every zoning district of the unincorporated area, so no dispensary, cultivation, manufacturing or delivery-only storefront may open on county land. The only carve-out is delivery into the county by an out-of-county licensed medical retailer that registers with the sheriff's department each year.

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

Unless specifically allowed under subdivision B of this section, commercial cannabis activity, to the fullest extent permitted under state law, is prohibited and declared unlawful and a public nuisance in all zoning districts and all of the unincorporated territory of the county. The approval of any application for a State license issued under Division 10 of the Business and Professions Code violates the county's prohibition of commercial cannabis activity.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4930839; v8 updated 2026-06-02).

Full Breakdown

050(A) declares commercial cannabis activity prohibited and a public nuisance "to the fullest extent permitted under state law" in all zoning districts and throughout the unincorporated territory; the county treats even an approved state Division 10 license as a violation of this local ban. 02 business license. 060 allows only personal cultivation, capped at six plants, entirely indoors in a locked, ventilated structure at a residence, never for sale, and never visible from the public right-of-way; outdoor cultivation of any type is banned. 070). 086). 096).

Violations & Fines

Operating a dispensary, cultivation site, or any other commercial cannabis business anywhere in unincorporated Merced County is a declared public nuisance under Section 9.29.050, subject to abatement, administrative penalties, and criminal prosecution under Section 9.29.082(B). Unlawful cultivation draws a written notice to abate within 72 hours; failure to comply lets the county summarily abate the nuisance and place the abatement costs, plus administrative costs, as a lien on the property or on the unsecured tax roll.

Frequently Asked Questions

Can I open a cannabis dispensary in unincorporated Merced County?

No. Section 9.29.050(A) bans commercial cannabis activity, including retail dispensaries, in every zoning district of the unincorporated area. Holding a valid state license does not override the county's prohibition; the county treats the state approval itself as a violation.

Can a licensed dispensary from another city deliver here?

Yes, under a narrow exception. An M-Type 10 medical retailer licensed outside Merced County's unincorporated area may deliver if it registers with the sheriff's department, discloses its delivery staff, renews its proof of state licensure every year before July 1, and holds a county business license.

How many cannabis plants can I grow at home?

Up to six plants, but only indoors inside a locked, ventilated structure at a private residence under Section 9.29.060. Outdoor cultivation is prohibited entirely, plants cannot be visible from the public right-of-way, and cultivation may not impair the home's use as a residence.

What happens if the county finds an illegal grow?

The enforcing officer issues a notice to abate giving the owner 72 hours to fix the violation or 10 days to request a hearing. If it is not corrected, the county can summarily abate the nuisance and bill the owner, placing unpaid costs as a lien on the property.

Sources & Official References

[1]Merced County Code, Chapter 9.29 Cannabis (eCode360)

Other rules in Merced County

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All Merced County rules

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

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