The City of San Gabriel prohibits the establishment of commercial cannabis activity. State law allows for the personal cultivation of cannabis. The City has added several reasonable regulations regarding personal cultivation which are outlined below.
First, what is cannabis?
According to our zoning code, cannabis refers to all parts of Cannabis sativa linnaeus, Cannabis indica and the Cannabis ruderalis, including seeds and resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, nor does it include industrial hemp as defined in California Health and Safety Code Section 11018.5.
Our definition of cannabis also includes cannabis used for medical, non-medical or other purposes.
What type of cannabis activity is allowed in San Gabriel?
Personal cultivation is permitted within a private residence or in a fully enclosed and secure accessory structure that serves as an accessory to a private residence. Here are the rules:
- Cannabis cultivation should be contained to a single room that does not exceed 150 square feet
- Cultivation should be limited to six cannabis plants per private residence or fully enclosed and secured structure.
- The cannabis plants should not come within 12 inches of the ceiling or any cultivation lighting
- Total cannabis cultivation lighting for the cultivation area should not exceed 1,200 watts within the residence
- Gas products – including CO2, butane, methane or any flammable or non-flammable gas – cannot be used for cannabis cultivation
- Visible signs of cannabis cultivation outside the private residence/structure from the public right-of-way or any adjoining property is not permitted
- Cannabis plants or any cannabis in excess of 28.5 grams produced by the plant must be kept in a locked space on the grounds of the residence or accessory structure not visible from the public right-or-way
- The room must be securely locked and accessible to those living in the residence who are 21 years of age or older.
- Authorized growers must reside full-time in the residence in which cannabis cultivation occurs
- If the authorized grower does not own the property that houses cannabis cultivation, they must attain a signed statement that they are permitted to cultivate in accordance with the Adult Use of Marijuana Act (or AUMA) and the corresponding San Gabriel Municipal Code chapter.
- The residence should include a fully functional kitchen, bathroom and bedroom for the use of the authorized grower. The property should not be used only for cannabis cultivation.
- Outdoor cannabis cultivation is not permitted, including for personal use.
While cannabis deliveries may not originate in San Gabriel, cannabis deliveries to San Gabriel addresses are allowed.
What type of cannabis activity is prohibited in San Gabriel?
Commercial cannabis activities – whether or not for profit – are prohibited in all zones in San Gabriel. Retail cannabis stores are not allowed, and commercial cultivation is not permitted.
Individuals are not permitted to establish, operate, conduct, allow or engage in commercial cannabis activity anywhere in the City. This includes businesses where cannabis is provided as part of any other non-cannabis related business activity.
Property owners are also not permitted to rent, lease or permit an individual or business to occupy property in San Gabriel for the purposes of commercial cannabis activity.
Cannabis deliveries that originate within San Gabriel are not permitted.
What about enforcement?
Any violation of these cannabis regulations will be treated as a misdemeanor. The City Attorney may also bring civil action to those who violate these codes.
For more information about the City’s policy on cannabis, please click here.