Note: Ord. CS 1206; Ord. CS 1258; and Ord. CS 1260 were repealed by Ord. CS 1405, 11/4/2025.
It is the purpose and intent of this chapter to regulate the cultivation, possession, manufacturing, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, or sale of medicinal and adult-use cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of Stanislaus County and to enforce its rules and regulations consistent with state law. It is the further purpose and intent of this chapter to require all commercial cannabis activities to obtain and renew annually a Stanislaus County issued permit to operate within the county. Nothing in this chapter is intended to authorize the possession, use, or sale of cannabis for purposes that violate state or federal law. The provisions of this chapter are in addition to any other permits, licenses, and approvals which may be required to conduct activity in the county.
(Ord. CS 1405, 11/4/2025)
Pursuant to California Constitution Sections 5 and 7 of Article XI, the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (hereinafter "MAUCRSA"), any subsequent state legislation and/or regulations regarding the same, the county of Stanislaus is constitutionally empowered and statutorily authorized to adopt ordinances that establish standards, requirements, and regulations for the licensing and permitting of commercial medicinal and adult-use cannabis activities. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in Stanislaus County to all commercial cannabis activity.
(Ord. CS 1405, 11/4/2025)
When used in this chapter, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision. The definitions included in this Section do not include the activities defined in Section 11362.1 and Section 11362.2 of the California Health and Safety Code.
"A-license"
means a license issued under this chapter for cannabis or cannabis products that are intended for adults twenty-one years of age and over and who do not possess a physician's recommendation.
"Applicant"
means the person or persons applying for a commercial cannabis activity permit pursuant to this chapter.
"Batch"
means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:
1. 
"Harvest batch"means a specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is uniform in strain, harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals, and harvested at the same time.
2. 
"Manufactured cannabis batch"means either of the following:
a. 
An amount of cannabis concentrates or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.
b. 
An amount of a type of manufactured cannabis produced in one production cycle using the same formulation and standard operating procedures.
"Cannabinoid" or "phytocannabinoid"
means a chemical compound that is unique to and derived from cannabis.
"Cannabis"
shall have the same definition as "cannabis" as set forth in California Business and Professions Code Section 26001, as it now reads or as amended in the future.
"Cannabis business"
means any business activity involving cannabis, including, but not limited to, cultivating, transporting, distributing, manufacturing, compounding, converting, processing, preparing, storing, packaging, delivering, testing, dispensing, retailing, and wholesaling of cannabis, cannabis product, industrial hemp, industrial help products or of ancillary products and accessories, whether or not carried on gain or profit.
"Cannabis concentrate"
means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from glandular trichomes from a cannabis plant is a concentrate for purposes of this chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or drug, as defined by Section 109925 of the California Health and Safety Code.
"Cannabis products" or "manufactured cannabis"
means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. "Cannabis product" also means "cannabis products" as defined by Section 11018.1 of the California Health and Safety Code and is not limited to medicinal cannabis products.
"Canopy"
means greater of: (i) the maximum canopy square footage authorized by the state license or permit issued to the commercial cannabis business; or (ii) the maximum canopy square footage authorized by the county permit issued to the commercial cannabis business; or (iii) actual canopy area of the business.
"Caregiver" or "primary caregiver"
has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.
"Commercial cannabis activity"
means any one of the following: commercial cultivation, possession, manufacturing, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of medicinal or non-medicinal cannabis or a medicinal or non-medicinal cannabis product. For the purposes of this chapter, "commercial cannabis activity" does not include the personal use activities as defined in Section 11362.1 and Section 11362.2 of the California Health and Safety Code.
"Commercial cannabis activity permit" or "CCA permit"
means a permit, license, certificate, or other approval issued by the county to a person to authorize that person to operate a cannabis business or engage in business as a cannabis business within the unincorporated area of the county.
"Commercial cannabis cultivation"
means cultivation of cannabis undertaken in the course of conducting a cannabis business.
"County" or "county of Stanislaus County"
means the county of Stanislaus.
"Cultivation"
means any activity involving the planting, growing, harvesting, drying curing, grading or trimming, storing, packaging, or labeling of cannabis. "Cultivation" includes indoor, mixed-light, natural light, or nursery cultivation. Cultivation outside of a structure is prohibited within Stanislaus County.
"Cultivation site"
means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
"Customer"
means a natural person twenty-one years of age or over or a natural person eighteen years of age or older who possesses a physician's recommendation, or a primary caregiver.
"Day care center" or "child care center"
means any state licensed childcare facility of any capacity, other than a family day care or family childcare home, as defined in California Code of Regulations Section 101152(c)(7), in which less than twenty-four-hour per day non-medical care and supervision are provided to children in a group setting.
"DCC"
means the California Department of Cannabis Control within the Business, Consumer Services and Housing Agency.
"Delivery"
means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by retailer of any technology platform.
"Distribution"
means the procurement, sale, transport or delivery of cannabis and cannabis products between businesses or persons in the unincorporated areas of the county.
"Distributor"
means a person holding a valid commercial cannabis activity permit for distribution issued by the county of Stanislaus, and a valid state license for distribution, required by state law to engage in the activity of purchasing cannabis from a licensed cultivator, or cannabis products from a license manufacturer, for sale to a licensed retailer.
"Dried flower"
means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
"Edible cannabis product"
means a cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
"Family day care" or family childcare"
means regularly provided care, protection and supervision of children, in the caregiver's own home, for periods of less than twenty-four hours per day, while the parents or authorized representatives are away, as defined in California Code of Regulations Section 102352(f)(1).
"Greenhouse"
means a permanent structure protected by an exterior envelope or assembly that provides protection of all structural members from the detrimental effects of the exterior environment. These assemblies may include, but are not limited to, translucent roof and wall panels. The structure shall be provided with means to control temperature and/or humidity for the cultivation or protection of plants. Structures of a temporary or non-secure nature, including, but not limited to, movable greenhouses, tents, and hoop houses, are not considered a greenhouse for purposes of commercial cannabis cultivation.
"Hearing officer"
means a person appointed by the chair of the Stanislaus County board of supervisors to conduct an administrative hearing under this chapter.
"Indoor cultivation"
means the cultivation of cannabis within a fully enclosed building using artificial light, at a rate greater than twenty-five watts per square foot.
"Labeling"
means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.
"License"
means a state license, including both an A-license and an M-license, as well as a testing laboratory license.
"Licensing authority"
means the California Department of Cannabis Control and any state agency currently or formerly responsible for the issuance, renewal, or reinstatement of a license for commercial cannabis activity, or the state agency authorized to take disciplinary action against the license. Licensing authority is differentiated from the county as the local permitting authority.
"Live plants"
means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
"Local jurisdiction"
means a city, county, or city and county.
"Lot"
means a batch or a specifically identified portion of a batch.
"M-license"
means a license issued under this chapter for commercial cannabis activity involving medicinal cannabis.
"Manufacture" or "manufacturing"
means the processing, production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction and/or infusion and chemical synthesis methods, at a fixed location that packages or repackages cannabis products, and includes the preparing, holding, or storing of components and ingredients of cannabis or cannabis products.
"Manufacturer"
means a commercial cannabis activity permittee that conducts manufacturing.
"Manufacturing facility"
means a location that processes, produces, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid commercial cannabis activity permit for manufacturing from the county of Stanislaus and, a valid state license as required for manufacturing of cannabis products.
1. 
Manufacturing Facility Volatile. Facility which manufactures cannabis products using volatile solvents, which involves the use of solvents which produce a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
2. 
Manufacturing Facility Non-Volatile. Facility which manufactures cannabis products using nonvolatile solvents, or no solvents.
"Medicinal cannabis" or "medicinal cannabis product"
means cannabis or a cannabis product, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation, or a cannabis card issued pursuant to Health and Safety Code Section 11362.71.
"Microbusiness"
means a business that engages in activities of three or more of the following commercial cannabis businesses of the same site: cultivation, manufacturing, distribution, and/or retail sale.
"Mixed-light cultivation"
means the cultivation of cannabis in a greenhouse using light deprivation and/or artificial lighting below a rate of twenty-five watts per square foot.
"Natural light cultivation"
means the cultivation of cannabis without the use of light deprivation and/or artificial lighting in the canopy area.
"Nursery"
means a facility or part of a facility that is used for producing clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
"Operation"
means any act for which a permit is required under the provisions of this chapter, or any commercial transfer of cannabis or cannabis products.
"Owner"
means any of the following:
1. 
A person with an aggregate ownership interest of twenty percent or more in the person applying for a permit or a permittee, unless the interest is solely a security, lien, or encumbrance.
2. 
The chief executive officer of a nonprofit or other entity.
3. 
A member of the board of directors of a nonprofit.
4. 
An individual who will be participating in the direction, control, or management of the person applying for a license.
"Package"
means any container or receptacle used for holding cannabis or cannabis products.
"Park"
means an area created, established, designated, or maintained by a city, a county, a special district, the state, the federal government, or a private association for public play, recreation, or enjoyment or for the protection of natural resources and features at the site.
"Patient" or "qualified patient"
shall have the same definition as California Health and Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code Section 11362.5.
"Permittee"
means the owner(s) of the commercial cannabis activity and who are issued a commercial cannabis activity permit under this chapter, regardless of whether the permit held is an A-license or an M-license and includes the holder of a testing laboratory license.
"Person"
means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, other legal entity or any other group or combination acting as a unit, whether organized as a nonprofit entity for for-profit entity, including the plural as well as the singular number, conducting or representing a business for the purposes of this chapter.
"Person with an identification card"
as used herein shall be defined as it is in California Health and Safety Code Section 11362.7.
"Physician's recommendation"
means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.
"Premises"
means the designated building or buildings and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted.
"Primary caregiver"
has the same definition as in Section 11362.7 of the California Health and Safety Code, as it may be amended.
"Property owner"
means the person or persons who hold the present interest and beneficial use of the subject property.
"Purchaser"
means the customer who is engaged in a transaction with a permittee for purposes of obtaining cannabis or cannabis products.
"Retailer"
means a commercial cannabis business where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator holds a valid commercial cannabis activity permit from the county of Stanislaus authorizing the operation of a retailer, and a valid state license as required by state law to operate a retailer.
1. 
Retailer Storefront. Involves the retail sale and delivery of cannabis or cannabis products to customers at a licensed physical location open to the public, from which commercial cannabis activities are conducted.
2. 
Retailer Non-Storefront. Involves the retail sale and delivery of cannabis or cannabis products to customers at a licensed physical location closed to the public, from which commercial cannabis activities are conducted.
"Sale," "sell," and "to sell"
means and includes any sale, exchange, or barter either as a retailer or wholesaler by a person. It shall also mean any transaction whereby, for any consideration, title to cannabis or cannabis products, are transferred from one person to another and includes the delivery of cannabis and/or cannabis products, pursuant to an order placed for the purchase of the same but does not include the return of cannabis and/or cannabis products were purchased.
"School,"
for purposes of this chapter, means any public or private school providing instruction in kindergarten or grades 1 through 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
"State"
means the State of California.
"State license"
means a permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA and any subsequent State of California legislation regarding the same to engage in commercial cannabis activity.
"Testing laboratory"
means a facility, laboratory, entity, or site in the state that offers or performs test of cannabis or cannabis products and that is both of the following:
1. 
Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.
2. 
Licensed by the Department of Cannabis Control.
"Transport"
means the transfer of cannabis products from the permitted activity location of one permittee to the permitted activity location of another permittee, for the purposes of conducting commercial cannabis activity authorized by MAUCRSA which may be amended or repealed by any subsequent State of California legislation regarding the same.
"Unique identifier"
means an alphanumeric code or designation issued pursuant to the track and trace program established by the Department of Cannabis Control and used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.
"Youth center"
has the same meaning as in Section 11353.1 of the Health and Safety Code.
"Youth instructional facilities"
means any commercially operated facility that provides supervised instruction to children below 18 years old, examples include, but are not limited to, instruction in art, music, dance, gymnastics, cheer, sports, martial arts, or tutoring."
(Ord. CS 1405, 11/4/2025)
Except as specifically authorized in this chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution or transportation (other than as provided under Business and Professions Code Section 26090(f)), of cannabis or cannabis product is expressly prohibited in the county of Stanislaus. For the purposes of this section, "commercial cannabis activity" does not include the activities defined in Section 11362.1 and Section 11362.2 of the California Health and Safety Code related to personal use and cultivation.
(Ord. CS 1405, 11/4/2025)
A. 
It is the responsibility of the owners and operators of the commercial cannabis activity to ensure that it is always operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this chapter shall be construed as authorizing any actions that violate federal, state law or local law with respect to the operation of a commercial cannabis activity. It shall be the responsibility of the owners and the operators of the commercial cannabis activity to ensure that all commercial cannabis activity is, at all times, operating in a manner compliant with all applicable state and local laws, any subsequently enacted state law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the commercial cannabis activity permit.
B. 
Minors. Except as otherwise specified herein, persons under the age of twenty-one years shall not be allowed on the premises of a commercial cannabis activity and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this chapter for any person to employ any person at a commercial cannabis activity who is not at least twenty-one years of age.
C. 
Restriction on Alcohol and Tobacco Sales.
1. 
No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the commercial cannabis activity.
2. 
No person shall cause or permit the sale of tobacco products on or about the premises of the commercial cannabis activity.
(Ord. CS 1405, 11/4/2025)
A. 
Prior to operation of any commercial cannabis activity the following shall be obtained:
1. 
Commercial Cannabis Activity Permit ("CCA Permit"). A CCA permit to operate any commercial cannabis activity in the unincorporated areas of the county shall be obtained from the treasurer-tax collector, in accordance with the provisions of this chapter.
a. 
No more than sixty-one CCA permits may be issued within the unincorporated areas of the county. Each commercial cannabis activity shall require a separate CCA permit. For purposes of this chapter, A-license type activities and M-license type activities are not separate and distinct activities. Registration for permits shall be opened at the discretion of the county chief executive officer in accordance with board policy.
b. 
Prior to issuance of a CCA permit, applicants shall demonstrate that they meet the standards which are established in the application requirements or further amendments to the application process as established by the county chief executive officer under Section 6.78.210. Each application for a CCA permit shall be referred to the various county departments to ensure all other regulatory standards have been met.
c. 
Each CCA permit issued pursuant to this chapter shall expire one year after the date of its issuance. CCA permits may be renewed as provided in Section 6.78.200.
2. 
Land Use Entitlement. Prior to operating, permittee shall obtain all necessary entitlements as required by Title 21 of the Stanislaus County Code. Any permit required in accordance with Title 21 may be conditioned to apply greater restrictions than those required by this chapter.
3. 
State License. Pursuant to California Business and Professions Code Section 26053(a), upon implementation of state regulations, a valid license from the state shall be required to operate any commercial cannabis activity or to engage in any commercial cannabis activity.
a. 
Copies of any and all documentation provided to any state agency for the purposes of obtaining a state license for any commercial cannabis activity within Stanislaus County shall also be provided to the county within five calendar days of being submitted to the state.
B. 
General. It is unlawful for a person to engage in any commercial cannabis activity within the unincorporated areas of Stanislaus County including cultivation, manufacturing, processing, laboratory testing, storing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the commercial cannabis activity is in compliance with all applicable state and local laws and regulations pertaining to commercial cannabis activity, including the duty to obtain any required state licenses.
C. 
The permittee shall post or cause to be posted their local CCA permit and any state commercial cannabis permit, required to operate. Such posting shall be at a location visible to the patrons and near the point of sale at the operating site, and in all vehicles that deliver or transport cannabis product.
D. 
No CCA permit shall be issued unless and until all land use entitlements have been approved by the county and all necessary state licenses, conditions of approval, permits and approvals have been submitted. Commercial cannabis activities which have obtained their CCA permit shall have six months from the effective date of issuance of the permit to obtain the required licenses from the state. If all state licenses and approvals required to operate the commercial cannabis activity are not obtained within the six-month period, the CCA permit shall not be renewed.
E. 
Fees and Charges. All commercial cannabis activity authorized to operate under this chapter shall pay all sales, use, activity and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis activity shall produce its books and records to the county for the purpose of verifying compliance with this section, including, but not limited to, a verification of the amount of taxes required to be paid during any period.
(Ord. CS 1405, 11/4/2025)
A. 
Number of Permits Limited. No more than seven retailers shall be issued a CCA permit by Stanislaus County to operate as a commercial cannabis retailer at one time in all unincorporated county zoning districts combined.
B. 
Physical Location Required. Both storefront retailers and non-storefront retailers are required to maintain a physical location within the unincorporated county area from which the commercial cannabis activities that are permitted under this chapter are conducted.
C. 
Limits on Hours of Operation. A licensed retailer shall only sell cannabis during the hours of 8:00 a.m. Pacific Time to 10:00 p.m. Pacific Time, or as otherwise stated in project approvals, and shall not otherwise be open to the public outside of those hours.
D. 
Retailers shall ensure that all cannabis and cannabis products held for sale by the retailer are cultivated, manufactured, transported, distributed, and tested by California licensed and permitted facilities that are in full conformance with all state and local regulations.
1. 
Retailers shall not distribute any cannabis or cannabis product unless such products are in compliance with Chapter 12, "Packaging and Labeling," of Division 10 of the California Business and Professions Code and any additional rules promulgated by a Licensing Authority.
2. 
Possession or delivery of any form of illegal drugs without proper legal authorization under state law shall be grounds for revocation of permits.
3. 
Permittees shall not provide free samples of any type, including cannabis goods, to any person and shall not allow any person to provide free samples on the permittee's premises.
4. 
Permittees shall not host temporary cannabis events. Temporary cannabis events are onsite single or multi-day events where people can sell and consume cannabis.
E. 
Delivery. Delivery shall be conducted in accordance with California Business and Professions Code Section 26070 and Section 26090, as well as California Code of Regulations, Title 4, Section 15000 et seq., as may be amended from time to time and all other state regulations pertaining to delivery of cannabis products.
F. 
Security. In addition to the operational standards required by Section 6.78.120 of this chapter, the following security measures are required to be implemented for all commercial cannabis retailers in unincorporated Stanislaus County:
1. 
For M-type retailers, verify the age and all necessary documentation of each customer to ensure the customer is not under the age of eighteen years and that the potential customer has a valid doctor's recommendation. For A-type retailers, verify the age of customers to ensure persons under the age of twenty-one are not permitted.
2. 
Entrances into the retail location shall be locked at all times with entry strictly controlled. A "buzz-in" electronic/mechanical entry system shall be utilized to limit access to and entry to the retailer to separate it from the reception/lobby area unless the there is a security guard physically present and primarily stationed in the reception/lobby to monitor customer ingress and egress into the retail area.
3. 
Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, prevent sampling or use of product in parking areas, and to serve as a visual deterrent to unlawful activities.
4. 
Retailers may only display in the retail sales area of the retailer that quantity of cannabis and cannabis products reasonably anticipated to meet the daily demand for sale on-site sales and only during operating hours. All other inventory shall be maintained in a secured area.
(Ord. CS 1405, 11/4/2025)
A. 
All permittees conducting cultivation activities under this chapter shall comply with the State of California and Stanislaus County agricultural commissioner's requirements for unique identifiers and Track and Trace programs.
B. 
Documentation of all pesticides used by the permittee shall be presented to the Stanislaus County agricultural commissioner, and all pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage, or inadvertent damage from rodents, pests, or wildlife.
C. 
Commercial cannabis cultivation operations shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.
1. 
Water Conservation Measures. Commercial cannabis cultivation operations shall include adequate measures that minimize use of water for cannabis cultivation at the site. Water conservation measures, water capture systems, or grey water systems shall be incorporated into commercial cannabis cultivation operations in order to minimize use of water where feasible.
2. 
Energy Conservation Measures. Commercial cannabis cultivation operations shall include adequate measures to address the projected energy demand for cannabis cultivation at the site.
D. 
Visibility. In no case, shall cannabis plants be visible from offsite, including transfer. No visual markers indicating that cannabis is cultivated on the site shall be visible from offsite. All greenhouse cultivation activities shall be fully enclosed by an opaque fence, made of uniform material, at least seven feet in height. The fence must be adequately secured by a locked gate to prevent unauthorized entry. The fence design and construction material shall be approved by the county.
E. 
Enclosure. All commercial cannabis cultivation operations shall occur within a greenhouse or fully enclosed building. If conducted within a greenhouse, supplemental lighting shall not exceed twenty-five watts per square foot to be used up to one-hour before sunrise or after sunset, unless the greenhouse or facility is equipped with light-blocking measures to ensure that no light escapes.
F. 
Outdoor Cultivation. No outdoor commercial cannabis cultivation is allowed within the unincorporated areas of the county of Stanislaus.
G. 
Commercial cannabis cultivation activities in the A-2 zoning district shall be limited cultivation, nursery, or distribution (limited to permitted commercial cannabis product grown onsite) within the following type of structure:
1. 
Greenhouse.
2. 
Accessory storage buildings may be utilized provided the following criteria is met:
a. 
The building must meet the requirements of Section 6.78.120.B.
b. 
No more than ten thousand square feet of cultivation or nursery canopy shall be allowed.
H. 
The cumulative total canopy size of cannabis cultivated at the cultivation site shall not exceed the canopy size authorized under the county's CCA permit, county's land use entitlement, or state permit, whichever is least.
I. 
Commercial cannabis cultivation activities shall not be considered agriculture for the purpose of the County's right-to-farm policy or sphere of influence policy.
(Ord. CS 1405, 11/4/2025)
A. 
The commercial cannabis product manufacturing facility shall include adequate quality control measures to ensure cannabis products manufactured at the site meets industry standards, as well as applicable state and local regulations.
B. 
Hazardous Materials. The commercial cannabis products manufacturing facility shall meet the Stanislaus County department of environmental resources requirements, including, but not limited to, requirements for the storage and handling of hazardous materials.
1. 
The director of the Stanislaus County environmental resources department or designee is the appropriate authority to determine if commercial cannabis products manufacturing operations require local oversight.
C. 
Consumable Products. Permittees that manufacture products in the form of food or other product meant to be consumed shall obtain and maintain the appropriate approvals for the provision of food or other product meant to be consumed from the State Department of Public Health, unless otherwise governed by state law and licensed by the state.
1. 
Any employees of a commercial cannabis products manufacturing facility operating potentially hazardous equipment shall be trained on the proper use of equipment and on the proper hazard response protocols in the event of equipment failure. In addition, employees handling edible cannabis products or ingredients shall be trained on proper food safety practices.
D. 
Safety. Operator/owner shall ensure the commercial cannabis products manufacturing facility does not pose a significant threat to the public or to neighboring uses from explosion or from the release of harmful gases, liquids, or substances. In addition to the operational standards required by Section 6.78.120 of this chapter, the operator/owner shall also comply with requirements found in California Code of Regulations, Title 4, Division 19, Chapter 8, Article 3, or requirements provided by the Department of Cannabis Control.
(Ord. CS 1405, 11/4/2025)
A. 
Commercial cannabis testing facilities shall be independent from all other persons and entities involved in the cannabis industry and are prohibited from licensure for any other activity, except testing. Commercial cannabis testing facilities shall not employ an individual who is also employed by any other commercial cannabis licensee, unless it is another licensed commercial cannabis testing facility.
B. 
Quality Control. Commercial cannabis testing facilities shall adopt standard operating procedures using methods consistent with general requirements for the competence of testing and calibration activities, including sampling, using standard methods established by the International Organization for Standardization, specifically ISO/IEC 17020 and ISO/IEC 17025 to test cannabis and cannabis products that are approved by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement.
1. 
Commercial cannabis testing facilities shall obtain samples for testing according to a statistically valid sampling method.
2. 
Commercial cannabis testing facilities shall analyze samples according to either the most current version of the cannabis inflorescence monograph published by the American Herbal Pharmacopoeia or a scientifically valid methodology that is demonstrably equal or superior to the most recent cannabis inflorescence monograph.
3. 
If a test result falls outside the specifications authorized by law or regulation, the cannabis testing facility shall follow a standard operating procedure to confirm or refute the original result.
4. 
Commercial cannabis testing facilities shall destroy the remains of any samples of cannabis or cannabis product tested upon completion of the analysis.
5. 
A licensed testing laboratory shall issue a certificate of analysis for each lot, with supporting data, to report both of the following:
a. 
Whether the chemical profile of the lot conforms to the specifications of the lot for compounds, including, but not limited to, all the following:
i. 
Tetrahydrocannabinol (THC).
ii. 
Tetrahydrocannabinolic Acid (THCA).
iii. 
Cannabidiol (CBD).
iv. 
Cannabidiolic Acid (CBDA).
v. 
The terpenes described in the most current version of the cannabis inflorescence monograph published by the American Herbal Pharmacopoeia.
vi. 
Cannabigerol (CBG).
vii. 
Cannabinol (CBN).
viii. 
Any other compounds required by the California Department of Public Health.
b. 
That the presence of contaminants does not exceed the levels that are the lesser of either the most current version of the American Herbal Pharmacopoeia monograph or the California Department of Public Health. For purposes of this paragraph, contaminants include, but are not limited to, all of the following:
i. 
Residual solvent or processing chemicals.
ii. 
Foreign material, including, but not limited to, hair, insects, or similar or related adulterant.
iii. 
Microbiological impurity, including total aerobic microbial count, total yeast mold count, P. aeruginosa, aspergillus spp., s. aureus, aflatoxin B1, B2, G1, or G2, or ochratoxin A.
iv. 
Whether the batch is within specification for odor and appearance.
6. 
Plans for the testing facility demonstrate proper protocols and procedures for statically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.
7. 
Testing laboratories shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to state and local law. Each testing laboratory shall be subject to additional regulations as determined from time to time as more regulations are developed under Section 6.78.210 of this chapter and any subsequent State of California legislation regarding the same.
8. 
Testing laboratories shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibration activities, including sampling using verified methods.
9. 
All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Department of Cannabis Control.
(Ord. CS 1405, 11/4/2025)
A. 
Cannabis and commercial cannabis products shall only be transported between commercial cannabis activities that have valid local, and state commercial cannabis permits and/or licenses.
B. 
In addition to the operational standards required by Section 6.78.120 of this chapter, the following record keeping measures are required to be implemented for all commercial cannabis distribution activities in unincorporated Stanislaus County:
1. 
Prior to transporting commercial cannabis or commercial cannabis products, the distributor shall complete the shipping manifest required by state law or regulations. The shipping manifest shall include the county's track and trace unique identifier information from the cultivation source.
2. 
A copy of the shipping manifest shall be maintained during transportation and shall be made available upon request to law enforcement, or any agents of the state or county charged with enforcement of this chapter.
3. 
Distribution facilities shall maintain appropriate records of transactions and shipping manifests. An organized and clean method of storing and transporting cannabis and cannabis products shall be provided to maintain a clear chain of custody.
C. 
Quality Control.
1. 
Distributors shall ensure that appropriate samples of cannabis or cannabis products are tested by a licensed testing facility prior to distribution and shall maintain a copy of the test results in its files.
2. 
Prior to distribution, the distributor shall inspect cannabis or cannabis products for quality assurance.
3. 
Commercial cannabis and commercial cannabis products shall be packaged and labeled in accordance with the requirements of state law.
D. 
Air Quality. Distributors shall to the extent practicable use zero emissions vehicles in their transportation fleet.
(Ord. CS 1405, 11/4/2025)
A. 
General Applicability. The following operational standards apply to all commercial cannabis activities permitted in the county.
1. 
Commercial cannabis activities shall be located only in the zoning district where specified Title 21 of the Stanislaus County Code as a conditionally permitted use.
a. 
In addition to the land use entitlement permit application and the CCA permit application, a supplemental application in a form approved the planning director may be required.
2. 
In accordance with the county's general plan sphere of influence (SOI) Policy, commercial cannabis activities located within a local agency formation commission (LAFCO) adopted SOI of a city shall have written approval from the city prior to county approval of any discretionary land use entitlement. For purposes of this chapter, the following shall apply:
a. 
Commercial cannabis cultivation and nurseries shall not be considered an agricultural or church use exempt from the county's SOI policy.
b. 
The exception in the SOI Policy for the Beard Tract and Upper McHenry areas located within the City of Modesto's SOI shall not apply.
3. 
Recognizing the unique concern for the potential impacts of commercial cannabis activities to cities with an adopted ordinance banning commercial cannabis activities, written approval from any city in Stanislaus County with an adopted ordinance banning commercial cannabis activities shall be required prior to approval of any discretionary land use entitlement of a commercial cannabis activity located within a one-half mile radius outside of the SOI of the city, with the following exceptions:
a. 
Any areas identified as a community plan area in the land use element of the Stanislaus County general plan. Within these community plan areas, land use entitlement applications for a commercial cannabis activity shall be subject to subsection A.5.
b. 
Any areas where there is overlap between the one-half mile radius outside of the SOI and a LAFCO adopted SOI of a different city. In this case, the LAFCO adopted SOI shall govern as reflected in the preceding subsection A.2.
4. 
Recognizing the potential impacts associated with allowing for a concentration of retail activities (both storefronts and non-storefronts) to be located within the unincorporated area, within the City of Modesto's LAFCO adopted SOI and within a one-half mile radius outside of the City of Modesto's SOI the following location limitations shall apply to retail commercial cannabis activity permits:
a. 
No more than a combined total of five retail permits shall be permitted to operate.
b. 
No more than three retail activities shall be permitted to operate within any one-mile radius at any one time.
c. 
The limit on retail activities shall only apply within the SOI of the City of Modesto and within a one-half mile radius outside of the City of Modesto's SOI, and shall not apply within the SOI of any other city or any areas identified as a community plan area in the land use element of the Stanislaus County general plan.
d. 
The county shall consult with the City of Modesto on the location of retail activities. City of Modesto development standards, including those specific to cannabis uses, including, setbacks, buffers, and separators shall be applied to retail activities located within the city's SOI and within a one-half mile radius outside of the City of Modesto's SOI.
5. 
Within a Municipal Advisory Council's (MAC) boundary, land use entitlement applications shall be referred to the MAC and the decision-making body shall give consideration to any comments received from the MAC.
a. 
The requirements for locations within a LAFCO adopted SOI shall govern in any areas where there is overlap between a MAC boundary and a LAFCO adopted SOI of a city.
6. 
Prior to approval of any land use entitlement allowing for a commercial cannabis activity the following setback requirements shall be met, unless a waiver or reduction is granted:
a. 
Any building utilized for the operation of a commercial cannabis activity shall be located a minimum of two hundred feet from any: legal dwelling located on a parcel under different ownership; or a library. Setbacks required by this section shall be subject to the following:
i. 
Setbacks from dwellings shall be measured from the nearest point of the area of a building used for the commercial cannabis activity to the nearest point of the dwellings utilized for interior living space.
ii. 
Setbacks from a library shall be measured from the nearest point of the area of the building used for the commercial cannabis activity to the boundary of the parcel improved with the library.
b. 
When located in the A-2 (General Agriculture) zoning districts, any building utilized for commercial cannabis cultivation shall be set back a minimum of fifty feet from the boundary of any adjoining parcel under different ownership.
c. 
The decision-making body of the discretionary land use entitlement for a commercial cannabis activity may waive or reduce the setback requirements of this subsection if any of the following apply:
i. 
The site of the commercial cannabis activity is physically separated from the offsite dwelling by either: a building or other structure blocking line of sight; or a physical barrier such as, but not limited to, a wall or canal prohibiting direct path of travel between parcels exists to mitigate potential environmental or security impacts resulting from the commercial cannabis activity.
ii. 
The decision-making body determines that such a waiver or reduction will not result in material detriment to the welfare, or the property of persons located in the vicinity, based on findings of fact.
7. 
Commercial cannabis activities shall not be located within a six-hundred-foot radius of any day care center, youth center (including parks), or school, as defined in this chapter, existing at the time of initial permitting, and as required by state law.
B. 
Site Control. All commercial cannabis activity shall meet the following site control standards:
1. 
Secure Building. All commercial cannabis activities shall occur entirely inside of a building that shall be secure, locked, and fully enclosed, with a ceiling, roof or top. With the exception of a greenhouse utilized for cultivation the following criteria shall also be met:
a. 
The building, including all walls, doors, and the roof, shall be of solid construction, and shall include material strong enough to prevent entry except through an open door.
b. 
All buildings utilized in conjunction with commercial cannabis activities shall include walls with a minimum thickness of six inches. All walls shall be of solid construction and shall be faced on each side of the framing members.
c. 
Existing Structures. Any existing structure to be utilized for commercial cannabis activities shall meet the standard above and shall obtain building permits for any improvements required to meet said building standard. Improvements shall include materials which are no less compliant with the provisions of the most current adopted California Building Code than the existing building or structure was prior to the alteration.
C. 
Security Measures. Permittee shall provide a security plan to the sheriff's office for review and approval. The security plan shall be reviewed annually or as often as deemed necessary by the sheriff's office. The security plan shall include security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis activity and may include, but shall not be limited to, all of the following:
1. 
Preventing individuals from remaining on the premises if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis activity.
2. 
Establishing limited access areas accessible only to authorized commercial cannabis activity personnel.
3. 
Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.
4. 
Security System Requirements.
a. 
The building shall include a professionally installed and maintained alarm system, monitored by an alarm company or private security company. The alarm system shall monitor all perimeter entry points and windows.
b. 
Installation of twenty-four-hour infrared security surveillance cameras of at least HD-quality with minimum camera resolution of one thousand two hundred eighty by one thousand twenty four pixels to monitor activity occurring within twenty feet of all entrances and exits to and from the premises, all interior spaces within the commercial cannabis activity which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis, all interior spaces where diversion of cannabis could reasonably occur, and parking lot areas in a manner sufficient to clearly observe facial features and to obtain a clear view of license plates as vehicles enter. All cameras must be fixed, and placement shall allow for the clear and certain identification of any person and activities in controlled areas of the licensed premises. All entrances and exits shall be recorded from both indoor and outdoor, or ingress and egress vantage points. All areas covered by the camera shall have adequate lighting to effectively record images.
i. 
The surveillance camera system data storage device must be secured on the licensed premises in a lockbox, cabinet, closet, or secured in another manner to protect from employee tampering or criminal theft. All cameras must record continuously twenty-four hours per day and at a minimum of ten frames per second. Any and all video or audio recordings made for security or other purposes shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of forty-five days and must be made available to the county or Sheriff's Office for duplication upon demand. All recorded images must clearly and accurately display the time and date. Time is to be measured in accordance with the U.S. National Institute Standards and Technology standards.
ii. 
Fish-eye cameras may be used only where approved by the sheriff's office.
c. 
Alarm system sensors shall be installed to detect entry and exit from all secure areas.
d. 
Alarm system panic buttons shall be installed in all permitted premises as directed by the sheriff's office.
e. 
Any bars installed on the windows, or the doors of the commercial cannabis activity shall be installed only on the interior of the building.
f. 
Perimeter lighting systems (motion sensor) for after-hours security are required as directed by the sheriff's office.
g. 
Security personnel shall be onsite as required by the county-approved security plan. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the sheriff's office, with such approval not to be unreasonably withheld.
h. 
Each commercial cannabis activity shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
5. 
Loitering. The permittee of a commercial cannabis activity shall erect signs prohibiting loitering which are not less than one square foot in area bearing the words "LOITERING PROHIBITED" in letters not less than two inches high and includes the phrase "VIOLATION OF THIS NOTICE CONSTITUTES A MISDEMEANOR—SECTION 6.78.120(D)(5)", posted conspicuously on the property and at the entrance to the parking lot or area surrounding the commercial cannabis activity.
a. 
It is a misdemeanor for any person to loiter, as defined herein of this section, upon any private parking lot or private property surrounding a commercial establishment when a notice has been posted or has been caused to be posted by the owner of such property, as set forth herein.
b. 
For the purposes of this section, the term "loitering" is defined as follows: Entering, remaining, prowling or wandering about, whether in a motor vehicle or on foot, upon property of another without visible or lawful business with the owner or occupant thereof.
6. 
The commercial cannabis activity shall prepare and present to the county a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency.
7. 
Permittees shall notify the Stanislaus County sheriff's office and the licensing authority within twenty-four hours after discovering any of the following:
a. 
Significant discrepancies identified during inventory;
b. 
Diversion, theft, loss, or any criminal activity involving the permittee or any agent or employee of the permittee;
c. 
The loss or unauthorized alteration of records related to the permitted activities, or employees or agents; or
d. 
Any other breach of security.
8. 
The county may at any time review the effectiveness of the permittee's security plan or of any other requirement of this chapter and direct the permittee to make reasonable changes to the security plan deemed necessary by the county to ensure the public's safety and security.
D. 
Odor Control. Odor control devices and techniques shall be incorporated into all commercial cannabis activities to ensure that odors from cannabis are not detectable offsite. Commercial cannabis activities shall provide a sufficient odor absorbing ventilation and exhaust system so that cannabis odors are not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as commercial cannabis activity. As such, the permittees shall install and maintain an exhaust air filtration system or other similar equipment with odor control that prevents internal odors from being emitted externally.
1. 
In no case shall untreated air be vented outside of any building used to conduct a commercial cannabis activity.
2. 
The devices and techniques to be used to control odor shall be reviewed and approved by a certified professional approved by the county and an audit of the devices and techniques to be used shall be conducted within thirty days of the commercial cannabis activity being conducted upon issuance of a CCA permit.
E. 
Signage and Notices.
1. 
Display of CCA Permit and County Business License. The original copy of each commercial cannabis activity permit issued by the county pursuant to this chapter and the county issued business license shall be posted inside the commercial cannabis activity in a location readily visible to the public.
2. 
In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis activity shall conform to the requirements of the Stanislaus County Code.
3. 
No signs placed on the premises of a commercial cannabis activity shall obstruct any entrance or exit to the building or any window.
4. 
Each entrance to a commercial cannabis activity premises shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis in the parking areas, on the premises or in the areas adjacent to the premises is prohibited.
5. 
No commercial cannabis activity shall advertise by having a person or device holding a sign and advertising the activity to passersby, whether such person is on the premises of the commercial cannabis activity or elsewhere, including, but not limited to, the public right-of-way.
6. 
(Reserved)
7. 
Permittees shall agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the permittee is prohibited from advertising any commercial cannabis activity located in Stanislaus County utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising, anywhere in the unincorporated area of Stanislaus County. This paragraph is not intended to place limitations on the ability of a commercial cannabis activity to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.
8. 
The entrance to the commercial cannabis activity shall be clearly and legibly posted with a notice that no person under the age of twenty-one years of age is permitted to enter upon the premises of the commercial cannabis activity, unless otherwise permitted by law.
F. 
Records and Recordkeeping.
1. 
Each permittee of a commercial cannabis activity shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis activity permit issued pursuant to this chapter), or at any time upon reasonable request of the Stanislaus County treasurer-tax collector, each permittee shall file a sworn statement detailing the number of sales under each permit during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross receipts for each month, and all applicable taxes paid or due to be paid. On an annual basis, each permittee shall submit to the Stanislaus County treasurer-tax collector a financial audit of the business's operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the Stanislaus County treasurer-tax collector.
2. 
The permittee shall maintain clear and adequate records and documentation demonstrating that all cannabis or cannabis products have been obtained from and are provided to other locally and state permitted and licensed cannabis operations. The Stanislaus County treasurer-tax collector shall have the right to examine, monitor, and audit such records and documentation, which shall be made available during normal business hours to the County no later than five days after the date of the request.
3. 
Each permittee shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the commercial cannabis activity, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the permittee. The register required by this paragraph shall be provided to the Stanislaus County treasurer-tax collector within five business days of request.
4. 
Each commercial cannabis activity shall maintain records of all persons, patients, collectives and primary caregivers served by the commercial cannabis activity, for a period of no less than four years prior to the date of obtaining a state license. Once a state license is obtained, the commercial cannabis activity must maintain such records only to the extent permitted or required by the MAUCRSA.
5. 
All commercial cannabis activities shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase as set forth in MAUCRSA.
6. 
Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPPA)[1] regulations, each commercial cannabis activity shall allow Stanislaus County treasurer-tax collector officials to have access to the business's books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than twenty-four hours after receipt of the Stanislaus County treasurer-tax collector request, unless otherwise stipulated by the Stanislaus County treasurer-tax collector. The Stanislaus County treasurer-tax collector may require the materials to be submitted in an electronic format that is compatible with the Stanislaus County treasurer-tax collector software and hardware.
[1]
Editor's Note: See 42 U.S.C.A. § 201 et seq.
7. 
Reporting and Tracking of Product and of Gross Sales. Each commercial cannabis activity shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis activity, including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the Stanislaus County treasurer-tax collector. The commercial cannabis activity shall ensure that such information is compatible with the Stanislaus County treasurer-tax collector's record-keeping systems and the Stanislaus County's Track and Trace System as established by the county's agricultural commissioner. In addition, the permittee's system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the agricultural commissioner's office prior to being used by the permittee.
G. 
Restriction on Customer Consumption. Cannabis shall not be consumed by any retail customer on the premises of any commercial cannabis activity or parking areas.
H. 
No outdoor storage of cannabis or cannabis products is permitted at any time.
I. 
The applicant for the commercial cannabis activity and the property owner shall indemnify, defend, and hold the county harmless from any and all claims and proceedings relating to the approval of the permit or relating to any damage to property or persons stemming from the commercial cannabis activity.
J. 
The property owner and permittee shall be responsible for ensuring that all commercial cannabis activities at the site operate and are maintained in good standing with permits and licenses required by the Stanislaus County Code and state law. Failure to take appropriate action to evict or otherwise remove operators who do not maintain permits or licenses in good standing with the county or state shall be grounds for the suspension or revocation of a land use or regulatory permit pursuant to this chapter, Chapter 21.104 of the Stanislaus County Code.
K. 
Commercial cannabis activities and related activities shall be maintained in accordance with the operating plans approved by the county.
L. 
All permittees shall ensure that cannabis is obtained from local, and state permitted and licensed sources and shall implement best practices to ensure that all cannabis products are properly stored, labeled, transported, and inspected prior to distribution.
M. 
All commercial cannabis activities shall operate in compliance with the County's Noise Ordinance. Commercial cannabis cultivation operations shall not be exempt under Section 10.46.080 of the County's Noise Control ordinance.
N. 
Track and Trace. All permittees shall comply with the State of California and Stanislaus County agricultural commissioner's requirements for unique identifiers and Track and Trace programs and shall pay all associated fees. Permittees shall obtain and use the unique identifiers from the state and county identified source, maintain them in a readable form and comply with all data entry requirements and pay all required fees. Noncompliance with the any track and trace requirements shall be grounds for revocation, suspension or nonrenewal of the permittee's CCA permit.
(Ord. CS 1405, 11/4/2025)
A. 
Any person who is an employee or who otherwise works or volunteers within a commercial cannabis activity must be legally authorized to do so under applicable state law.
B. 
Any person who is an employee or who otherwise works or volunteers within a commercial cannabis activity shall maintain the following information on each of its employees, for a period of no less than five years:
1. 
Name, address, and phone number of the applicant/employee.
2. 
Age and Verification of an Applicant/Employee. Permittee shall examine the employee's birth certificate, driver's license, government issued identification card, passport or other appropriate documents to verify that the applicant/employee is at least twenty-one years of age.
3. 
Name, address of the commercial cannabis activity where the applicant/employee will be employed, and the name of the primary manager of that business.
4. 
A list of any crimes enumerated in California Business and Professions Code Section 26057(b) for which the applicant/employee has been convicted.
5. 
Name, address, and contact person for any previous employers from which the applicant/employee was fired, resigned, or asked to leave and the reasons for such dismissal or firing.
6. 
The application for employment shall be accompanied by fingerprints and a recent photograph.
7. 
A signed statement under penalty of perjury that the information provided is true and correct.
8. 
If applicable, verification that the applicant/employee is a qualified patient or primary caregiver.
C. 
The permittee shall annually certify to the county that it has conducted a background check on all employees to determine whether the applicant was convicted of a crime or left a previous employer for reasons that show the applicant:
1. 
Is dishonest; or
2. 
Has committed a felony or misdemeanor involving fraud, deceit, embezzlement; or
3. 
Was convicted of a violent felony as defined in Penal Code Section 667.5, a crime of moral turpitude that involves either dishonesty (including fraud), or baseness, vileness or depravity in the private and social duties which a man owes to his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and man; or
4. 
The illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act,[1] except for cannabis related offenses for which the conviction occurred after the passage of the Compassionate Use Act[2] of 1996.
[1]
Editor's Note: See 21 U.S.C. § 801 et seq.
[2]
Editor's Note: See Health and Safety Code § 1649.1 et seq.
(Ord. CS 1405, 11/4/2025)
A. 
An application for renewal of a commercial cannabis activity permit shall be filed at least sixty calendar days prior to the expiration date of the current permit.
B. 
The permittee's application for renewal shall be on the form provided by the Stanislaus County treasurer-tax collector.
C. 
The permittee shall pay a fee in an amount to be set by the county board of supervisors to cover the costs of processing the renewal permit application, together with any costs incurred by the county to administer the program created under this chapter.
(Ord. CS 1405, 11/4/2025)
A. 
The permittee shall not transfer its commercial cannabis activity permit without the prior written consent of the county. Any transfer of the commercial cannabis activity permit without the prior written consent of the county shall be null and void. Any transfer of a commercial cannabis activity permit as authorized herein shall be effective only if and upon the party to whom such transfer is made is issued a state license.
B. 
Changes in ownership of a permittee's business structure or a change in the ownership of a permittee business entity void the commercial cannabis activity permit, unless the county authorizes a transfer of the CCA permit in writing. Within fifteen calendar days of any change in permittee's business structure or change in the ownership of a permittee business entity, the applicant shall inform the County Chief Executive Officer ("CEO") of the change and shall make a request to transfer the CCA permit.
C. 
The county chief executive officer, or their designee, shall evaluate any request for a transfer of the commercial cannabis activity permit. The CEO's evaluation may take into consideration the experience of and resources available to the prospective transferee relative to their ability to competently assume the commercial cannabis business operation and applicable background information of the third party, including, but not limited to, a background check for criminal activity, a history of legal actions such as filing for bankruptcy, civil lawsuits, involving claims of fraud or related actions. The CEO may also consider the balance of past due fees, and taxes, and may at their discretion deny a transfer request where a balance of part due fees, or past due taxes exist. Additionally, the CEO may at their discretion, deny a transfer request for any of the reasons contemplated in California Code of Regulations, Title 4, Division 19, Sections 15017 through 15018.
D. 
Any attempt to transfer a commercial cannabis activity permit either directly or indirectly in violation of this section is hereby prohibited, and such a purported transfer shall automatically revoke the permit.
(Ord. CS 1405, 11/4/2025)
A. 
Commercial cannabis activity permits may be revoked by the county's treasurer-tax collector for any violation of any law and/or any rule, regulation, condition of approval, and/or standard, as recommended by relevant departments, including those adopted pursuant to this chapter.
B. 
Any of the following shall be grounds for suspension or revocation of the commercial cannabis activity permit, based on substantial evidence:
1. 
Failure to comply with one or more of the conditions of the commercial cannabis activity permit or any county permits or land use conditions of approval, or any permit conditions placed on state permits or licenses;
2. 
The commercial cannabis activity permit was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant;
3. 
Any act or omission by a property owner or permittee that results in the violation of the provisions of this chapter;
4. 
Any act or omission by a property owner or permittee that results in the denial, revocation or suspension of the owner's or permittee's state license;
5. 
Any act or omission that results in the revocation of a property owner or permittee's commercial cannabis land use entitlement under Title 21 of the Stanislaus County Code;
6. 
Any act or omission by a property owner or permittee that violates state law or the Stanislaus County Code;
7. 
A property owner's or permittee's failure to take appropriate action to evict or otherwise remove any commercial cannabis activity person or owner who do not maintain the necessary permits or licenses in good standing with the county or state;
8. 
The property owner or permittee allows any commercial cannabis activity to operate in a manner that constitutes a nuisance, where the property owner or permittee has failed to abate the nuisance after notice;
9. 
Suspension of a license or permit issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis activity to operate within the county, until the State of California, or its respective department or division, reinstates or reissues the state license. Should the State of California, or any of its departments or divisions, revoke or terminate the state license or commercial cannabis activity permit, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis activity to operate within Stanislaus County; or
10. 
Any failure to pay applicable local or state taxes or fees.
C. 
An application for renewal of a commercial cannabis activity permit shall be rejected or denied if any of the following exists:
1. 
The application is filed less than sixty days before its expiration.
2. 
The commercial cannabis activity permit is suspended or revoked at the time of the application.
3. 
The commercial cannabis activity has not been in regular and continuous operation in the four months prior to the renewal application.
4. 
The commercial cannabis activity has failed to conform to the requirements of this chapter, or of any regulations adopted pursuant to this chapter.
5. 
The permittee fails or is unable to renew its State of California license.
6. 
Any failure to pay applicable local or state taxes or fees.
7. 
If the county's treasurer-tax collector or state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of this chapter, of the County Code, or of the state rules and regulations, and the county or state has determined that the violation is grounds for termination or revocation of the commercial cannabis activity permit.
(Ord. CS 1405, 11/4/2025)
A. 
If the treasurer-tax collector determines that grounds for suspension or revocation or nonrenewal of the CCA permit exist pursuant to this chapter, the treasurer-tax collector shall issue a written notice of intention to revoke or suspend or non-renew the CCA permit, as the case may be. The notice of intention shall be served on the property owner, as reported on the latest equalized assessment roll, and shall also be served on permittee at the address reported on the commercial cannabis activity permits issued pursuant to this chapter. The notice of intention shall be served by either personal delivery or by certified U.S. mail, postage prepaid, return receipt requested. The notice of intention shall describe the property, the intention to revoke or suspend the CCA permit, the grounds for revocation or suspension, the action necessary to abate the violation, the time limit for compliance, and the right to request a hearing. The notice of intention shall notify the property owner and permittee of the opportunity to request a hearing before a hearing officer to present evidence as to why the CCA permit should not be suspended or revoked and shall notify them of the ten-day deadline to submit a written request for a hearing.
B. 
The property owner and permittee shall have ten business days from the service of the notice of intention to submit a written request for a hearing before the hearing officer, or designee, who shall immediately forward the request to the hearing officer for a hearing. Failure to submit the written request for a hearing shall be deemed a waiver of the right to challenge the suspension or revocation of the CCA permit and a failure to exhaust administrative remedies. If the hearing is not timely requested, the treasurer-tax collector may suspend or revoke the CCA permit in accordance with the notice of intention.
C. 
In the event an action is initiated to obtain enforcement of the decision of the hearing officer, and judgment is entered to enforce the decision, the property owner and permittee shall be jointly and severally liable to pay the county's total costs of enforcement, including reasonable attorney fees.
(Ord. CS 1405, 11/4/2025)
A. 
Establishment. The Board of Supervisors hereby establishes the office of the Stanislaus County commercial cannabis hearing officer pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Division 2 of Title 3, Government Code to which office the board of supervisors shall by resolution appoint one or more administrative hearing officer(s). Each hearing officer shall be an attorney at law in good standing who has been admitted to practice before the courts of the State of California for at least five years.
B. 
Appointment, Term and Compensation of Administrative Hearing Officer(s). Hearing officer(s) shall be independent contractors appointed for a period of not less than one year. The board of supervisors shall approve by resolution policies and procedures relating to the contracting with and compensation of administrative hearing officer(s). The compensation and/or future appointments of an administrative hearing officer shall not be directly or indirectly conditioned upon substance of his or her rulings, including, but not limited to, the amount of administrative fines levied.
C. 
Powers of the Administrative Hearing Officer(s). Hearing officer(s) shall have all powers enumerated in Government Code Sections 27721 and 27722 as well as the power to in his or her discretion continue a hearing for no more than ten days upon a showing of good cause by a party of interest, the power to prepare a record of the proceedings, and this power to uphold fines and abatement orders and order that the cost of the abatement be specially assessed against the parcel.
(Ord. CS 1405, 11/4/2025)
A. 
Hearing.
1. 
Permit Suspension or Revocation or Nonrenewal. Pursuant to Government Code Sections 25845(i) and 27721, the hearing officer shall hold a hearing to determine whether grounds for suspension, revocation or nonrenewal of the CCA permit exists. Upon receipts of a timely written request for a hearing, the hearing officer shall set a date for a hearing to be held within thirty days of receipt of the request. Notice of the hearing, including the time, date and location of the hearing, shall be served on the property owner and permittees. Within thirty calendar days after the close of the hearing, the hearing officer shall issue a written decision, including a statement of the basis for the decision. The hearing officer's written decision shall constitute the final administrative decisions of the county.
2. 
Nuisance or Unlawful Commercial Cannabis Activities. Pursuant to Government Code Sections 25845(i) and 27721, the hearing officer shall hold an administrative hearing to determine whether the conditions described in the notice of violation, administrative citation and order to abate, and notice of hearing constitute a nuisance under county code or other relevant law, or whether there is any other good cause why the conditions should not be abated. The hearing shall be held no less than fourteen calendar days after service of the notice of violation, administrative citation and order to abate, and notice of hearing. Upon written request by an owner or permittee received by the county treasurer tax-collector no less than five days before the scheduled hearing date, the hearing may be continued one time upon a showing of good cause and at the discretion of the hearing officer, for no longer than ten days. Within seven calendar days after the close of the hearing, the hearing officer shall issue a written decision, including a statement of the basis for the decision. The hearing officer's written decision shall constitute the final administrative decisions of the county.
3. 
General Rules. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. Witnesses shall be sworn. The hearing officer may question witnesses at any time and recall them as necessary for further testimony. All participants, including parties, counsel and witnesses, will be expected to maintain a civil demeanor and to present only relevant evidence. The hearing officer is not required to accept into the record any evidence that is irrelevant to the matter before it.
B. 
Pre-Hearing Procedures.
1. 
The treasurer-tax collector, or designee, shall post the county's staff report, including relevant evidence to be considered by the hearing officer, on the county's website at least five days before the scheduled hearing date.
2. 
All parties to the hearing shall have the opportunity to testify, introduce exhibits, call and examine witnesses, and cross examine opposing witnesses on any matter relevant to the issues.
3. 
In the event that the owner or permittee does not appear and present evidence at the hearing, the hearing officer may base his or her decision solely upon the evidence submitted by the treasurer tax-collector, or designee. Failure of the owner of occupant to appear and present evidence at the hearing shall constitute a failure to exhaust administrative remedies.
4. 
The hearing officer shall consider the matter de novo, and may affirm, reverse, or modify the determinations made by the treasurer tax-collector, or designee.
C. 
Post-Hearing Procedures. The hearing officer shall issue a written decision, which shall include findings or fact on material issues and the grounds in the record for those findings; any related conclusions of law or policy; any aggravating or mitigating circumstances that are pertinent to the decision; any costs, fines, and penalties and the reasons therefor; and, if requested by the treasurer tax-collector, or designee, an order authorizing the county to abate the nuisance and for the cost of the abatement to be specially assessed against the parcel. Such decision shall be mailed to, or personally served upon, the party requesting the hearing any other parties upon whom the administrative citation and order was served, and the treasurer-tax collector, or designee. If an owner or permittee was represented by counsel at the hearing, then a copy of the decision shall instead be mailed to or personally served upon his or her counsel in lieu of being delivered or mailed to the owner or permittee. The decision shall constitute the county's final administrative decision when signed by the hearing officer and served as herein provided.
D. 
Appeals of Administrative Hearing Decisions and Orders. All final administrative decisions or orders may be appealed pursuant to Government Code Section 53069.4 or Code of Civil Procedure Section 1094.5.
(Ord. CS 1405, 11/4/2025)
It is unlawful for any person to violate any provision, or fail to comply with any of the requirements, of this chapter. The county, and/or District Attorney, shall have the discretion to enforce the provisions of this chapter by administrative penalties, civil remedies or by criminal proceedings. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. CS 1405, 11/4/2025)
A. 
To the fullest extent permitted by law, Stanislaus County shall not assume any liability whatsoever with respect to having issued a CCA permit pursuant to this chapter or otherwise approving the operation of any commercial cannabis activity. As a condition to the approval of any CCA permit, the applicant shall be required to meet all of the following conditions prior to issuance of the CCA permit:
1. 
Permittee must execute an agreement, in a form approved by county counsel, agreeing to fully and completely indemnify, defend (at applicant's sole cost and expense), and hold Stanislaus County, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the county's issuance of the commercial cannabis activity permit, the county's decision to approve the operation of the commercial cannabis activity, to the process used by the county in making its decision, or the alleged violation of any federal, state or local laws by the commercial cannabis activity or any of its officers, employees or agents. Permittee's indemnification obligation to the county includes fully reimbursing county for its attorney fees and costs in any case between permittee and county over permittee's commercial cannabis activity.
2. 
Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by risk management and furnish to risk management the satisfactory evidence of the insurance required.
3. 
Reimburse Stanislaus County for all its costs and expenses, including, but not limited to, legal fees and costs and court costs, which Stanislaus County may be required to pay as a result of any legal challenge related to the county's approval of the applicant's CCA permit, or related to the county's approval of a commercial cannabis activity including any case between applicant and county that relates in any way to the applicant's commercial cannabis activity. The county of Stanislaus may, at its sole discretion, participate at its own expense in the defense of any such action with the legal counsel of county's own choice, but such participation shall not relieve any of the obligations imposed hereunder.
(Ord. CS 1405, 11/4/2025)
A. 
In addition to any regulations adopted by the county board of supervisors, the chief executive officer or designee, is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of CCA permits, the ongoing operation of commercial cannabis activity and the county's oversight, if the CEO determines the rule, regulation or standard to be necessary to carry out the purposes of this chapter.
B. 
Regulations issued by the CEO shall be published on the treasurer tax-collector's business services division's website.
C. 
Regulations promulgated by the CEO shall become effective upon date of publication. Any and all commercial cannabis activity shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the CEO.
(Ord. CS 1405, 11/4/2025)
A. 
The permittee of a commercial cannabis activity shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis activity can be provided. Each commercial cannabis activity shall also provide the above information to all businesses and residences located within one hundred feet of the commercial cannabis activity and make the information available online to the general public.
B. 
The permittee of a commercial cannabis activity shall designate a CCA owner who shall attend meetings with the county, and other interested parties, as requested by the county, to discuss costs, benefits, and other community issues arising as a result of implementation of this chapter.
(Ord. CS 1405, 11/4/2025)
The amount of any fee, cost or charge imposed pursuant to this chapter shall be deemed a debt to Stanislaus County that is recoverable via an authorized administrative process as set forth in the county code, or in any court of competent jurisdiction.
(Ord. CS 1405, 11/4/2025)
The permittee shall be presumed to be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of Stanislaus County, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the commercial cannabis activity whether or not said violations occur within the permit holder's presence, unless the permittee has taken steps to prevent the offending conduct.
(Ord. CS 1405, 11/4/2025)
A. 
As a condition of issuance of the CCA permit, property owner and permittee each authorize and consent to representatives of the county entering the location of the commercial cannabis activity at any time, without notice, to inspect the location of any commercial cannabis activity as well as any recordings and records required to be maintained pursuant to this chapter or under applicable provisions of state law. The authorization and consent to inspection by the county includes, but is not limited to, interior areas of any structure on the property subject to the CCA permit.
B. 
Any person having responsibility over the operation of a commercial cannabis activity, shall not impede, obstruct, interfere with, or otherwise not to allow the county to conduct and record an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis activity under this chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis activity under this chapter or under state or local law.
C. 
As a condition of issuance of the CCA permit, property owner and permittee authorize and consent to representatives of the county entering the location of a commercial cannabis activity at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by Stanislaus County shall be logged, recorded, and maintained in accordance with established procedures by these regulations.
(Ord. CS 1405, 11/4/2025)
A. 
Each and every violation of the provisions of this chapter is hereby deemed unlawful, a public nuisance, and an immediate threat to public health, safety, and welfare. Pursuant to Government Code Section 53069.4, subdivision (a)(1)(B), the immediate imposition of fines or penalties pursuant to this chapter are to protect the public health, safety, and welfare against unlawful commercial cannabis activity and other violations herein because they pertain to zoning, health or safety provisions of the county code.
B. 
Commercial cannabis activities shall be considered unlawful and a nuisance in accordance with Chapter 2.92 of the County Code, for the purposes of authorizing the disconnection of public utilities from hazardous structures, as described in Chapter 16.45 of the County Code.
C. 
Unlawful or Nuisance Commercial Cannabis Activities—Fine. Because each unlawful or nuisance commercial cannabis activity is a violation of the county code and a public nuisance with unique impacts with a need for urgent abatement, and in order to enforce the county code to protect the public health, safety, and welfare, the purpose and intent of this chapter is to impose the immediate imposition of daily fines for each and every unlawful or nuisance commercial cannabis activity. Pursuant to Government Code Section 53069.4 and other applicable constitutional and statutory authority, the violation of this ordinance shall be an infraction, and the following daily fines are imposed upon each and every unlawful nuisance commercial cannabis activity:
1. 
A fine not exceeding one hundred dollars for a first violation.
2. 
A fine not exceeding two hundred dollars for a second violation within one year of the first violation.
3. 
A fine not exceeding one thousand dollars for each additional violation within one year of the first violation.
The immediate imposition of daily fines for non-permitted commercial cannabis activities are necessary because such activity poses unique and immediate risks to public health, safety, and welfare. Unlawful or nuisance commercial cannabis activities are also potentially lucrative enough to incentivize unlawful activity as long as possible. The intent of the board of supervisors is to therefore prevent and stop such conduct by adopting daily fines for unlawful or nuisance commercial cannabis activities.
D. 
Unlawful of Nuisance Cannabis Cultivation — Fines. Because each unlawful cannabis cultivation is a violation of the county code and a public nuisance with unique impacts with a need for urgent abatement, and in order to enforce the county code to protect the public health, safety and welfare, the purpose and intent of this chapter is to impose the immediate imposition of daily fines for each and every unlawful cannabis cultivation. Each and every cannabis plant in excess of six live plants is a separate and distinct violation. Each day is a separate and distinct Pursuant to Government Code Section 53069.4 and other applicable constitutional and statutory authority, unlawful cannabis cultivation shall be considered a misdemeanor, and the following daily fines are imposed upon each and every Cannabis plant that is an excess of six live plants:
1. 
A fine not exceeding one thousand dollars per plant.
E. 
A violation of building, plumbing, electrical, or other similar structural, health and safety, or zooming requirement that exist as a result of, or to facilitate, the illegal cultivation of cannabis may be subject to an immediate imposition of an administrative penalty which shall be the maximum allowed pursuant to Government Code Section 25132 per violation, per day, except as otherwise provided for below.
1. 
Penalty imposition may be delayed, and a property owner shall be permitted fifteen days to correct violations of this chapter if all of the following conditions are met:
a. 
The property where the cultivation is occurring is being rented or leased and a tenant is in possession.
b. 
The property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.
c. 
The property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information provided the property owner or agent with actual notice of the illegal cannabis cultivation.
d. 
The immediate imposition of daily fines per live plant at a cultivation site for unlawful cannabis cultivation is necessary because such activity poses unique and immediate risks to public health and safety and to the natural environment. Unlawful cannabis cultivation is also potentially lucrative enough to incentivize unlawful activity at cannabis cultivation sites for as long as possible pending harvest. Illegal cannabis cultivation presents a real and imminent threat to the public health, safety, and welfare. The unregulated cultivation of a large number of cannabis plants on any property substantially increases the risk of violent criminal activity. Crimes such as home invasion robbery, burglary, assault, and homicide occur substantially more frequently on and around properties where cannabis is illegally grown. Cannabis cultivation also creates increased nuisance impacts to neighboring properties because the hazardous wastes and solvents used in illegal cultivation, and strong, malodorous, and potentially noxious odors which come from the plants compromise the health and safety of nearby residents. The intent of the board of supervisors is to therefore prevent and stop such conduct by adopting higher daily fines per each live plant at a cultivation site that constitutes unlawful cannabis cultivation.
F. 
Any cannabis cultivation in violation of this chapter is also subject to the California Uniform Controlled Substances Act (Division 10 of the California Health and Safety Code), including the provisions in Chapter 8 (commencing with Section 11469) relating to the seizure, forfeiture, and destruction of property.
G. 
Payment of Fine and Penalty.
1. 
Any fine and any penalty imposed pursuant to the provisions in this chapter shall be paid to the treasurer-tax collector within thirty days from the date of issuance of the administrative citation. Any person who fails to pay to the county any fine or penalty imposed pursuant to the provisions of this chapter on or before the date that the fine is due also shall be liable for the payment of any applicable late payment charge as may be adopted by the board of supervisors by resolution.
2. 
Any administrative citation fine paid shall be refunded if it is determined by the administrative hearing officer that the person charged in the administrative citation was not responsible for the violation or that there was no violation.
3. 
The treasurer-tax collector may collect any past due administrative citation fine, late payment charge(s), and its collections costs by use of all available legal means. The failure of any person to pay a fine assessed by an administrative citation or late payment charge or collections costs related to an administrative citation, by the due date shall constitute a debt to the county. The treasurer-tax collector may seek payment of the debt by use of all available legal means, including, but not limited to, the following:
a. 
The treasurer-tax collector may refer the debt to the auditor and controller for collection.
b. 
The treasurer-tax collector may file a civil action to recover the debt.
c. 
The treasurer-tax collector may impose a code enforcement lien upon the real property upon which the violations are located. The lien shall continue until all fines, late payment charges and other costs owed are fully paid. Any lien imposed pursuant to this chapter shall attach upon the recordation of a notice of code enforcement lien in the office of the county recorder.
d. 
Recovery through the franchise tax board.
H. 
In the event of any conflict between the penalties set forth in this chapter and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
(Ord. CS 1405, 11/4/2025)
A. 
In cases involving unlawful or nuisance commercial cannabis activities, as defined in this chapter, the treasurer tax-collector may issue a notice of violation, administrative citation and order to abate, and notice of hearing in accordance with this section. The notice of violation, administrative citation and order to abate, and notice of hearing shall:
1. 
Identify the owner(s) of the property upon which the violation(s) exist, as named in the records of the county assessor, and identify the occupant(s), if other than the owner(s), and if known or reasonably identifiable;
2. 
Describe the location of such property by its commonly used street address, giving the name or number of the street, road, or highway and the number, if any, of the property;
3. 
Identify the property by reference to the assessor's parcel number;
4. 
Contain a statement that one or more violations of county code or other applicable law exist relating to the unlawful cannabis cultivation or commercial cannabis activity on the property and describing the violation(s) that exist, and the actions required to abate;
5. 
Contain a statement for unlawful cannabis cultivation that there is an immediate imposition of fines in accordance with Section 6.78.260.D and such fines shall be imposed on a daily basis per live plant until such time as the violation(s) cease(s). For all other commercial cannabis activities, contain a statement that if not timely abated, fines per violation per day will begin to accrue in accordance with California Government Code Section 25132. Subdivisions (a) and (b) and Section 6.78.260.C.
6. 
Contain a statement that the owner(s) or occupant(s) is required to abate the stated violation(s) within three calendar days after the date that said notice of violation, administrative citation, imposition of fine(s) and order to abate, and notice of hearing was served as provided in this section;
7. 
Notify the recipient(s) that, unless the owner(s) or occupant(s) abates the violation(s) and provides proof of abatement satisfactory to the chief executive officer, or designee, a hearing will be scheduled and held before a hearing officer appointed in accordance with this chapter to determine whether there is any reason why the violation(s) should not be abated. The notice of violation, administrative citation, imposition of fine(s) and order to abate, and notice of hearing shall specify the date, time, and location of this hearing, and state that the owner(s) or occupant(s) will be given an opportunity at the hearing to present and elicit testimony and/or other evidence regarding whether the conditions existing on the property constitute a violation under county code, or whether there is any other good cause why those conditions should not be abated;
8. 
Contain a statement that, unless the owner(s) or occupant(s) abates the violation(s) or shows good cause before the administrative hearing officer why the conditions should not be abated, the chief executive officer, or designee, will abate the nuisance. It shall also state that the costs of abatement, including administrative costs, may be made a special assessment added to the county assessment roll and become a lien on the real property.
B. 
The notice of violation, administrative citation, imposition of fine(s) and order to abate, and notice of hearing shall be: (1) personally served, or served by overnight mail or overnight courier service on the property owner(s) and occupant(s) (if different); and (2) posted in two conspicuous locations on the subject property. The failure of any owner(s) or occupant(s) to allow the posting of notice or to receive a notice of violation, administrative citation and order to abate, and notice of hearing served in accordance with this section hall not affect the validity of the proceedings under this section.
C. 
The hearing procedure shall be conducted according to Section 6.78.185.
D. 
Appeals of Administrative Hearing Decisions and Orders. All final administrative decisions or orders may be appealed pursuant to Government Code Section 53069.4 or Code of Civil Procedure Section 1094.5 as applicable.
(Ord. CS 1405, 11/4/2025)
Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by Stanislaus County Code. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, any permit issued pursuant to this chapter being deemed null and void, disgorgement and payment to the county by permittee of any monies unlawfully obtained, payment by the permittee of the county's costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. Stanislaus County may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the commercial cannabis activity or persons related to, or associated with, the commercial cannabis activity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the county may take immediate action to temporarily suspend a commercial cannabis activity permit issued by the county or abate an unlawful cannabis cultivation or commercial cannabis activity, pending a hearing. The determination of an immediate threat to public health, safety or welfare may be made by any county law enforcement officer or any county employee authorized by the county to make an inspection of the commercial cannabis activity or unlawful cannabis cultivation. Any delay by the county law enforcement officer or county employee to take immediate action to temporarily suspend any commercial cannabis activity or unlawful cannabis cultivation shall not be deemed to constitute or imply that there was no immediate threat to public health safety or welfare.
(Ord. CS 1405, 11/4/2025)
Each and every violation of the provisions of this chapter may in the discretion of the District Attorney be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars or imprisonment in the county jail for a period of not more than twelve months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.
(Ord. CS 1405, 11/4/2025)
The remedies provided herein are not to be construed as exclusive remedies. The county, including the county's District Attorney, is authorized to pursue any proceedings or remedies provided by law.
(Ord. CS 1405, 11/4/2025)
A. 
Any amendments to this chapter with the potential to impact the placement or land use compatibility of a commercial cannabis activity to the surrounding persons or property shall be considered at a public hearing before the planning commission. After the hearing by the planning commission, the planning commission shall make its recommendation in writing to the board of supervisors. The recommendation shall include the planning commission's determination on whether or not the amendments:
1. 
Are in conformity with and will promote public convenience, general welfare and good land use practice; and
2. 
Will be detrimental to health, safety, and general welfare.
(Ord. CS 1405, 11/4/2025)