On April 24, 2014, the City of San Diego’s Development Services Department began accepting conditional use permit applications from those seeking to operate medical marijuana consumer cooperatives licensed by the City. Before that day, on that day, and since that day, our office has received several of the same questions over and over.
So was that the day they handed out licenses or permits? No. April 24, 2014 was the first day that the City of San Diego could legally accept applications. Those who submitted applications that day are beginning a long process of vying for a conditional use permit. Even once lucky applicants secure these permits, they will have to receive an additional permit from the San Diego Police Department.
How long until anyone is open? We do not know for sure. A typical conditional use permit takes four to six months for the City to process. These will likely take as long, or a little longer. We simply do not know the answer about police permitting.
When does the City stop accepting applications? They don’t. The land use ordinance is now on the books in San Diego, and the City of San Diego will continue to accept conditional use permit applications until there are a maximum of four licensed dispensaries in each council district.
Now, that is not to say that we will wind up with four per district. Indeed, we know we will not. District 3, for example, does not contain any land zoned for cooperatives. Other districts will not have room for as many as four licensed cooperatives. Others will max out at four (probable candidates for this are Districts 2 and 8).
If I didn’t submit an application for a cooperative on the 24th, will I ever be licensed? Yes, if you did not submit an application on the 24th, you may still be able to open licensed cooperative some day. While this initial cycle of applications will be unbelievably competitive and challenging — and it is our understanding that the City will process the applications in the order that they received them, at least for initial completeness review — we cannot know what the future will hold. Some people who submitted on the 24th and in the days since will succeed. Others will lose out, or will find out that their location is unacceptable for some reason. Nearly everyone will have challenges.
In the future, both near and distant, geography will change. Let’s fast forward at least a few months. Let’s pretend that a hypothetical council district contains only a few applicants, most of which are clustered around each other. Only one or two of these applicants is likely to succeed. Meanwhile, a long-time tenant of a location that could house a cooperative vacates. The property is now available. Someone could submit an application for that location, and stand an excellent chance of succeeding.
Or, let’s fast forward a few years. Let’s pretend that this same hypothetical council district now has two licensed cooperatives. At the opposite end of the district from these licensed facilities, a location becomes available.
In sum, this first round of applications will be a bumpy ride and a new experience for everyone in San Diego. But it is unlikely that only those who submitted last week will ever operate a licensed medical marijuana consumer cooperative. If you are interested in operating a cooperative or dispensary, I recommend that you contact an experienced San Diego medical marijuana attorney who can help you navigate this complex process and advocate on your behalf. I offer free legal consultations to get started when you call (858) 756-7107.
California marijuana laws change frequently. For updated information, see the following pages: Medicinal Uses of Marijuana and Recreational Marijuana Business