Solano County Medical and Recreational Cannabis Frequently Asked Questions

Can I grow cannabis in the County?

Currently, the County has a moratorium that prohibits:

  ·       outdoor or indoor commercial cultivation of cannabis; 

  ·       outdoor cultivation of cannabis for personal use, whether medical or recreational; and

  ·       licensing of cannabis businesses.

Indoor cultivation of cannabis for personal use in compliance with MCRSA and AUMA is allowed in the unincorporated County in compliance with state law:

  ·       a patient may cultivate up to 100 square feet of cannabis indoors for their personal use;

  ·       a primary caregiver of no more than five patients may cultivate up to 500 square feet of
      cannabis indoors for their patients; and

  ·       an adult over 21 may cultivate up to 6 cannabis plants indoors.

What is the County doing about cannabis?

The County is in the process of bringing forward a proposed ordinance to regulate indoor and outdoor cultivation of cannabis for personal use. As part of that process, meetings were held with stakeholders and advisory groups. Public hearings were held before the Board of Supervisors and the Planning Commission.  A proposed ordinance dealing with personal cultivation has been recommended for adoption by the Planning Commission.  This proposed ordinance is expected to go before the Board of Supervisors in the near future.

The County is also exploring whether it should allow commercial cannabis businesses.  The Board created a subcommittee composed of Chair Vasquez and Supervisor Hannigan to study this issue and report back to the full Board. County staff have arranged for a slate of speakers to address the Board on commercial cannabis issues.

Solano County residents passed a measure on the November 2016 ballot to allow the Board to institute a tax of up to 15% on the gross receipts of cannabis businesses in the unincorporated County.  In the event the Board allows cannabis businesses, they will then have to decide what percentage of taxes are appropriate to impose.

What is the Medical Cannabis Regulation and Safety Act (MCRSA)?

The Medical Cannabis Regulation and Safety Act (MCRSA) authorizes various State departments to develop a licensing and regulatory framework for personal use and commercial medical cannabis. MCRSA sets standards for cultivating, processing, transporting, testing, and distributing medical cannabis to qualified patients. The State will begin issuing licenses for medical cannabis businesses that have a local permit or other authorization to operate in 2018.

MCRSA also allows a patient over 18 to cultivate up to 100 square feet of cannabis and a caregiver of up to five patients to cultivate up to 500 square feet of cannabis. A city or county is allowed to ban or regulate this cultivation.

What is the Adult Use of Marijuana Act (AUMA)?

The Adult Use of Marijuana Act (AUMA or Proposition 64) allows adults 21 years and older to possess up to one ounce of marijuana and cultivate up to six plants for personal use in a residence or in a structure on the grounds of a residence. A city or county may regulate this indoor cultivation, but may ban or regulate the cultivation of us to six plants outdoors.

AUMA also provides for the regulation and taxation of the production, manufacture and sale of “recreational” or adult use cannabis.  The State will begin issuing licenses for adult-use cannabis businesses that are in compliance with local laws and permitting requirements in 2018.

Can the County ban commercial cannabis activity?

Yes. The County can decide whether to allow recreational or medical cannabis businesses to operate within its jurisdiction.

Can the County ban the cultivation of personal use medical cannabis?

Yes, the County can ban or impose regulations upon the cultivation of medical cannabis by patients or their primary caregivers.

Can people smoke cannabis in public?

No. AUMA prohibits adults from smoking or ingesting cannabis or cannabis products in any public place and in any place where smoking tobacco is prohibited. 

Can I open a cannabis business in Solano County?

Currently, marijuana businesses are banned in unincorporated Solano County. However, each city within the County has different rules regarding cannabis businesses within their jurisdictions.

If I live within the city limits of a city in Solano County does this FAQ apply to me?

No, this FAQ only applies to unincorporated Solano County. Contact your local city government’s office for details on their current cannabis regulations.

How can I participate in meetings or submit my comments about this issue for consideration?

A list of dates and times for Board and Planning Commission Meetings is available on the County website. Refer to the Agendas and Minutes page to see the details of previous meetings and view upcoming agendas and items.

Comments to the Board may be submitted to the Clerk of the Board at cao-clerk@solanocounty.comComments to the Planning Commission may be made to the Clerk of the Commission at planningcommission@solanocounty.com.

If you wish to be added to the Department of Resource Management’s email notification list regarding upcoming cannabis meetings, email RMHelp@solanocounty.com

Who can I contact if I have questions about the Medical Marijuana Identification Card Program (MMICP)?

You can contact the Solano County Medical Marijuana Program at:

Department of Public Health
275 Beck Avenue
Fairfield, CA 94533
(707) 784-8060
Business Hours: Monday - Friday, 8am - 3:30pm

You can also visit the California Department of Public Health website for the Medical Marijuana Identification Card Program HERE.

Additional Resources:

State Licensing:
   
California Bureau of Medical Cannabis Regulation http://www.bmcr.ca.gov/ 
     -       Licensing for transportation, distribution, lab testing, and dispensaries

    CalCannabis https://www.cdfa.ca.gov/is/mccp/
     -       Cultivation licensing and track and trace program

    Office of Manufactured Cannabis Safety (OMCS) 
    https://archive.cdph.ca.gov/Pages/DEFAULT.aspx
 
     -       Cannabis manufacturing licensing