CANNABIS AND HEMP BUSINESS LAW FIRM SERVING THE SAN JOAQUIN VALLEY

To get a cannabis license in the San Joaquin Valley, a business must first obtain local cannabis approval from the specific city or county with jurisdiction over the physical location of the premises and then obtain a state license from the Department of Cannabis Control (DCC). The San Joaquin Valley spans eight counties — San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern — and each county, along with the cities within it, sets its own rules for which commercial cannabis activities are allowed. Unincorporated Stanislaus County allows all six activity types, and unincorporated San Joaquin County allows all except retail storefront, but unincorporated Fresno, Merced, Madera, Kings, Tulare, and Kern counties all prohibit all commercial cannabis activity. Among cities, Stanislaus County is the most permissive, with Modesto, Ceres, Riverbank, Turlock, Waterford, Oakdale, and Patterson all allowing multiple cannabis activities. In San Joaquin County, Stockton and Tracy allow the full range; Lathrop and Manteca allow only retail storefront; and Lodi, Escalon, and Ripon prohibit all commercial cannabis. In Fresno County, the City of Fresno, Coalinga, Firebaugh, Mendota, and Parlier allow all six activities, while the City of Clovis allows only testing, and ten other Fresno County cities prohibit all commercial cannabis. In Merced County, the City of Merced and Atwater allow all activities, Gustine allows all except testing, and Livingston allows manufacturing, cultivation, and testing, while unincorporated Merced County, Dos Palos, and Los Banos prohibit everything. In Madera County, the City of Madera allows all activities, but unincorporated Madera County and Chowchilla prohibit all commercial cannabis. In Kings County, Hanford and Lemoore allow all activities, Corcoran allows retail and testing, and Avenal and unincorporated Kings County prohibit everything. In Tulare County, Farmersville, Lindsay, and Woodlake allow all activities, Porterville allows retail, the City of Tulare allows only retail storefront, and Visalia, Dinuba, and Exeter prohibit all commercial cannabis. In Kern County, California City allows all activities, Arvin allows all except retail storefront, Fontana allows only retail, and the remaining ten cities (including Bakersfield) and unincorporated Kern County prohibit all commercial cannabis. A prospective cannabis business must confirm that its desired activity is permitted in the specific city or unincorporated county area, complete that jurisdiction’s local land-use and cannabis permitting process, and only after receiving local approval can it apply to DCC for the corresponding state cannabis license.

To get a cannabis growers license in the San Joaquin Valley, a cultivator must first obtain local cultivation approval and then apply to the Department of Cannabis Control (DCC) for a state cultivation license. Across the eight San Joaquin Valley counties, cultivation rules vary dramatically. Stanislaus County is the most cultivation-friendly, with eight jurisdictions permitting cultivation: unincorporated Stanislaus County, Modesto, Ceres, Turlock, Riverbank, Waterford, Oakdale, and Patterson. In San Joaquin County, cultivation is allowed in unincorporated San Joaquin County, Stockton, and Tracy. In Fresno County, cultivation is permitted in the City of Fresno, Coalinga, Firebaugh, Mendota, and Parlier. In Merced County, cultivation is allowed in the City of Merced, Atwater, Gustine, and Livingston. In Kings County, Hanford and Lemoore allow cultivation. In Tulare County, Farmersville, Lindsay, and Woodlake allow cultivation. In Kern County, California City and Arvin allow cultivation. In Madera County, only the City of Madera allows cultivation. Cultivation is prohibited in all unincorporated county areas except Stanislaus and San Joaquin counties, and in the vast majority of cities across the Valley — including major population centers such as Bakersfield, Visalia, Clovis, Lodi, and Manteca. A cultivator must confirm that commercial cannabis cultivation is permitted on the specific parcel, obtain local land-use and cultivation authorization from the relevant jurisdiction, and then submit a DCC cultivation license application with detailed premises diagrams, water-source and environmental information, CEQA documentation, and proof of local approval.

To grow industrial hemp in the San Joaquin Valley, a grower must register with the county agricultural commissioner in each county where the grower intends to cultivate, paying a $900 annual CDFA registration fee per county. Once all state and local requirements are met, the county agricultural commissioner must issue the registration. All eight San Joaquin Valley counties (San Joaquin County, Stanislaus County, Merced County, Madera County, Fresno County, Kings County, Tulare County, and Kern County) permit industrial hemp cultivation, though each has adopted its own local ordinance imposing additional requirements — such as zoning restrictions, setbacks, surety bonds, and county licensing — beyond state law.

Before cultivation, a fee of nine hundred dollars ($900) per applicant must be submitted with the Industrial Hemp Registration Application to the California Department of Food and Agriculture (CDFA). The $900 CDFA fee is annual and must be paid again each year to renew the registration; a separate registration (and fee) is required for each county in which the grower cultivates. County fees in the San Joaquin Valley are in addition to the $900 CDFA registration and vary by jurisdiction. In Stanislaus County, a surety bond is also required, with the bond amount determined by the Agricultural Commissioner based on acreage under cultivation. In Merced County, registrants are subject to the Agricultural Commissioner’s weighted hourly average rate for inspections and regulatory actions. In Kings County, Tulare County, Kern County, Madera County, San Joaquin County, and Fresno County, additional county license fees apply but vary by jurisdiction and may change from year to year.