DOUGLAS T. SLOAN
City Attorney

March 7, 2018
MEMORANDUM
TO:

Marijuana Businesses

RE:

City Laws Applicable to Marijuana Businesses

The Fresno City Council adopted a Resolution of Initiation on December 14, 2017, to
begin the process to amend the City's medical marijuana (cannabis) ordinances. A
medical marijuana business may begin the state license application process, however,
the City cannot give authorization until the City land use entitlement process is complete
and the business has been properly permitted. The City is not currently issuing local
permits to establish a medical marijuana business, but may begin to do so depending
on the final outcome of the proposed medical marijuana ordinance amendments. If a
local authorization document is needed for a medical marijuana business to apply for a
temporary state license, a copy of the Resolution and this Memo may be attached to the
application; however, the City is not providing authorization for specific businesses to
operate within the City. See:
http://bcc.ca .gov/
http://calcannabis .cdfa.ca .gov/
https://www.cdph.ca.gov/Programs/CEH/DFDCS/Pages/MCSB.aspx
Neither this Resolution, nor any other representation, authorization, nor permit issued
by the City shall create any vested right regarding marijuana operations or businesses.
Any benefit conferred by this Resolution is temporary and subject to change, and shall
expire permanently on the effective date of the City Council's enactment of new
marijuana legislation . No claim for loss of property rights or due process of any kind
shall be maintained against the City.
The City Attorney's Office is the point of contact for state agencies to notify the City of
state license applications and to give authorizations for such businesses.
A business license issued by the City does not permit a marijuana business to operate,
but is merely the required registration to pay City taxes.
It is anticipated amendments to current medical marijuana ordinances will likely be final
in three to four months, after going through the public review process and undergoing
CEQA analysis; however, there is no guarantee if or when these amendments will be
adopted by the City Council.

 Memo re: Marijuana Businesses
March 7, 2018
Page 2
Please be advised that under federal law, it is still illegal to possess, cultivate, or
distribute marijuana.
Medical Marijuana
Currently, Fresno Municipal Code section 15-2739-D provides:
A medical marijuana dispensary and/or medical marijuana cooperative
shall be allowed only in a zone district designated for medical offices and
only if consistent with state and federal law.
Since medical marijuana dispensaries are only allowed if consistent with state and
federal law, a "temporary cannabis event" which includes retail sales or dispensing of
medical marijuana would not be permitted at this time. Pending are changes to the
Municipal Code that may allow for temporary events in the future, if approved.
Recreational Marijuana
All recreational marijuana businesses are prohibited in the City. Fresno Municipal Code
section 15-2739.1.
Cultivation
State law currently allows a person 21 years of age or older to possess and cultivate,
within a single private residence, up to six marijuana plants.
Fresno Municipal Code section 12-2104 provides:
Marijuana cultivation by any person, including primary caregivers and
qualified patients, collectives, cooperatives or dispensaries, is prohibited in
all zone districts within the city.
The City currently prohibits all indoor and outdoor marijuana cultivation. This prohibition
on indoor growing may be preempted by state law that allows up to six indoor plants per
residence.
The foregoing is only a general outline of applicable local provisions. Individuals are
responsible for ensuring compliance with all federal, state, and local laws. The City
Attorney's Office does not provide legal advice to the public.

TERMAN-DOIDGE
Depu y City Attorney
MRD:sn [79147sn/mrd]