CANNABIS AND HEMP BUSINESS LAW FIRM SERVING THE SOUTH BAY & PENINSULA
Cannabis and Hemp Business Attorney Serving the South Bay & Peninsula, California
Recognized as a leader among California cannabis and hemp lawyers, Shay Aaron Gilmore provides proven legal solutions for investors and operators to launch, fund and grow ventures in compliance with the cannabis and hemp industries’ ever-changing laws, regulations and policies for the expansion of environmentally-sustainable, reliably-tested, and socially equitable cannabis and hemp throughout California, with a focus on the South Bay and Peninsula.
The Law Office of Shay Aaron Gilmore has helped dozens of businesses procure or maintain state and local commercial cannabis licenses and permits, successfully closed millions of dollars in mergers and acquisitions and other corporate transactions for cannabis and hemp investor and operator clients, and devoted hundreds of hours of pro-bono legal services to the cannabis social equity movement.
The Law Office of Shay Aaron Gilmore Practice Areas in the South Bay & Peninsula, California
We provide each of our clients with customized knowledge that translates into cost-effective legal counsel designed to reach their unique goals. The Law Office of Shay Aaron Gilmore supports the ongoing success of our South Bay and Peninsula cannabis and hemp industry clients in the following practice areas:
Named to the Los Angeles/San Francisco Daily Journal’s list of the Top 20 California Cannabis Lawyers, Shay Aaron Gilmore maintains active roles in top trade and professional organizations like the National Cannabis Industry Association, the California Cannabis Industry Association, and the International Cannabis Bar Association. Shay has been recognized by Super Lawyers® Magazine as a Northern California Super Lawyer in Cannabis Law and in Business & Corporate Law, and as one of the Top 100 Lawyers in Northern California across all practice areas.
South Bay & Peninsula Cannabis Business Resources
Whether you are new to the California cannabis industry or are an established California operator or investor expanding your business or investment into the South Bay and Peninsula, understanding the legal requirements and regulations impacting the local cannabis industry is vital to your success. Here are just a few local resources for cannabis businesses to use in answering questions regarding cannabis enforcement, legislation and regulation in the South Bay and Peninsula.
- City of San Jose Division of Cannabis Regulation
- San Jose Municipal Code Tit. 6, Ch. 6.88
- Mountain View City Code Ch. 36, Art. IX, Div. 21, § 36.30.65 et seq.
- City of Mountain View Cannabis Business Tax
- City of Pacifica Cannabis Business Program
- City of South San Francisco Commercial Cannabis Regulations
- City of San Carlos Commercial Cannabis Regulations
If you have specific questions or concerns in the South Bay and/or Peninsula, then contact The Law Office of Shay Aaron Gilmore for customized legal solutions for your cannabis business and investment needs.
Contact the Law Office of Shay Aaron Gilmore today!
Contact our South Bay and Peninsula cannabis and hemp law specialists today by phone at (415) 846-6397 or online so you can fully and compliantly align your business and/or investment interests in the California cannabis and hemp industries.
Frequently Asked Questions
To get a cannabis license in the South Bay or Peninsula, a business must first obtain local approval from the specific city or county with jurisdiction over the physical location of the premises to be listed on the state cannabis license, and then obtain a state license from the Department of Cannabis Control (DCC). South Bay cannabis and peninsula cannabis regulations in these two counties vary dramatically by jurisdiction. Unincorporated Santa Clara County prohibits all commercial cannabis activity, while unincorporated San Mateo County allows limited activities.
Among the cities, the City of San Jose permits a wide range of South Bay cannabis dispensary, manufacturing, cultivation, distribution, and testing operations — making it one of the most active South Bay cannabis markets. Other cities such as Morgan Hill, Gilroy, and Campbell have adopted varying levels of permitting for south bay recreational cannabis and south bay medical cannabis activities. On the Peninsula, some cities allow peninsula cannabis dispensary and retail operations while others maintain full prohibitions. A South Bay lawyer or peninsula business lawyer experienced in cannabis permitting can help applicants determine which jurisdictions allow their desired activity and shepherd them through both local and state licensing processes.
A cannabis growers license for a site in the South Bay or on the Peninsula is a DCC cultivation license layered on top of the local jurisdiction’s cultivation approval. Not all cities in Santa Clara County and San Mateo County allow cultivation — a grower must first verify that cultivation is allowed in the specific city or unincorporated county area. In Santa Clara County, the City of San Jose permits commercial cultivation under its local cannabis ordinance, but many other cities do not. On the Peninsula side, San Mateo County jurisdictions have more limited cultivation options.
A cultivator must confirm that commercial South Bay cannabis or peninsula 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 application with site plans, water and environmental information, CEQA documentation, and proof of local authorization. Working with a marijuana lawyer South Bay operators trust — or a reputable South Bay law firm or peninsula law firm — ensures that zoning, environmental, and regulatory requirements are met before substantial capital is committed.
Before growing hemp on land within Santa Clara County or San Mateo County, a grower must register with the California Department of Food and Agriculture (CDFA) through the county agricultural commissioner for the county in which the grower intends to cultivate. Under CDFA rules, when a county is accepting registrations, the agricultural commissioner must issue the state registration within 30 calendar days if all state and local requirements are met.
Each county agricultural commissioner may impose additional local requirements or restrictions on industrial hemp cultivation, including zoning limits, setbacks, and site-specific documentation. Because the South Bay and Peninsula are predominantly urban, hemp cultivation opportunities are more limited compared to agricultural regions. Prospective hemp growers should contact the relevant county agricultural commissioner’s office to confirm whether industrial hemp registrations are currently being accepted. A business lawyer South Bay or peninsula law attorney focused on hemp compliance can advise on practical feasibility.
Before cultivation, a fee of $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 South Bay and Peninsula are in addition to the $900 CDFA registration and vary by jurisdiction.
South Bay and Peninsula prospective hemp growers should contact the Santa Clara County or San Mateo County agricultural commissioner’s office to confirm current local fee schedules and any surety bond requirements. Consulting a South Bay lawyer or one of the South Bay law firms with cannabis and hemp experience is advisable before making a financial commitment to hemp cultivation in these predominantly urban counties.