Cannabis Permit Frequently Asked Questions
Permits (General)
Does the County allow adult use (recreational) non-medical commercial cannabis uses?
Yes. The County currently issues permits for non-medical (adult or recreational) cannabis uses throughout the commercial cannabis supply chain, including dispensaries (retail operations). A permit is not required for personal cultivation for medical use up to 100 square feet grow area per residence or for non-medical use no more than 6 plants.
Can I get a permit for a cannabis delivery service?
No. Under the County’s ordinance, cannabis delivery is only allowed as part of a dispensary (retail operation) use permit.
Will the County be limiting the number of permits?
The following cannabis operation types are limited:
- Cannabis dispensaries (retail operations) are limited to nine in the unicorporated county. Currently, there are seven permitted operations and 2 applications under review, thereby meeting the total cap of nine.
- Centrailized processing facilities are limited to nine in agricultural zones with a use permit (discretionary use permit). There is no cap on centralized processing facilities within industrial zones.
- Cannabis Cultivation is capped at 1 acre per operator.
No other cannabis supply chain uses are limited or capped at the local level.
What are the different permit types and the process involved?
Zoning Permit - This is considered a ministerial permit. The permit will be issued after verification that the operation meets all the development criteria and operating standards in the ordinance, as confirmed by a site visit. These permits can take 6-9 months to process depending upon the completeness of the application and staff workloads.
Minor Use Permit - This is a discretionary permit. The permit is subject to public notification, environmental review, and a determination of compatibility with the neighborhood. Once a notice is issued, if no request for hearing is received, staff may approve the permit administratively and may include conditions to address any issues. These permits can take 9 months or longer to process depending upon the completeness of the application and staff workloads.
Conditional Use Permit - This is a discretionary permit. The permit is subject to public notification, environmental review, and a public hearing before the Board of Zoning Adjustments. The Board of Zoning Adjustments must determine that the use is compatible with the neighborhood and may include conditions to address any issues. These permits can take over 12 months and up to 18-24 months or longer to process depending upon the completeness of the application and staff workloads.
How much do permits cost?
Land use permit costs vary by type of permit, the extent of environmental review required, and the level of controversy.
- Zoning permits cost an average of $3,000 to $4,000
- Minor use permits range from $5,000 to $8,000
- Conditional use permits range from $20,000 to $30,000
Note these are the initial permit application fees. Minor and conditional use permits may cost more because they are processed on an at cost basis, which means staff time is billed at an hourly rate based on the time required.
To review the Permit Sonoma Project Review (Planning) fee schedule, click here.
Where can I find cannabis permit forms and instructions?
Information about cannabis cultivation permits can be found here: Cultivation
Information about cannabis nursery permits can be found here: Nurseries
Information about cannabis manufacturing permits can be found here: Manufacturing
Information about cannabis testing lab permits can be found here: Testing Labs
Information about cannabis distribution and transportation can be found here: Distribution & Transportation
Information about cannabis dispensary (retail) permits can be found here: Dispensaries
Are all of the items on the application checklist required for my project?
All of the items on the checklist must be addressed in the application submittal in some way. Each item is required to be submitted unless the proposal statement clearly describes why that specific item is not applicable. For example, a biotic assessment is not needed for an indoor cultivation operation in a fully developed industrial area. Do not leave a box unchecked unless there is a specific response addressing it in the proposal statement.
What if the cannabis business ownership or operator changes?
If the cannabis business ownership or operator changes, several documents are required to be submitted. Email cannabis@sonomacounty.gov for guidance.
The Zoning Code requires that I submit a security plan – will that be made available to the public?
No. All security plans are kept confidential unless the County is required to disclose the information pursuant to a court order.
I’ve received a Courtesy Notice from Permit Sonoma requesting a site inspection. What should I do?
Don’t panic. The purpose of the inspection is to respond to a complaint and ensure Sonoma County permitting requirements are met. We will also provide information on the County’s cannabis regulations and various permitting options. A written violation notice may be issued if areas of non-compliance are found.
Cultivation Permits
Can I grow commercial cannabis on my property?
First, you’ll need to know the zoning and size of the parcel which can be found here.
Cannabis cultivation is allowed on my property. What do I do now?
Cannabis cultivation permit applications can be found here: https://sonomacounty.gov/administrative-support-and-fiscal-services/county-administrators-office/projects/cannabis-program/cannabis-business-permits/cultivation
Are permits limited to local cultivators only?
No. Permit applications are open to any operator.
Can I register to cultivate industrial hemp?
Yes. Visit the Department of Agriculture/Weights & Measures Industrial Hemp Program website: https://sonomacounty.gov/natural-resources/agricultural-weights-and-measures/programs-and-services/industrial-hemp
Does the one acre cultivation limit apply to property owners leasing to multiple operators?
No. The one acre cultivation limit applies to operators only.
Can I apply for multiple types of cultivation on the same parcel?
As a general rule, the Code allows one cultivation permit per parcel for each type of use (Code, § 26-88-254, subd. (f)(1)). The total amount of cultivation proposed per parcel dictates whether an applicant will be required to obtain a zoning permit, minor use permit, or conditional use permit. For example, if Operator A applies for two zoning permits for two separate 2,500 square foot mixed-light cultivation operations on Parcel A, such application would be denied; however, in this scenario Operator A could obtain one use permit to cultivate 5,000 square feet on Parcel A.
An operator may obtain multiple permits for different types of cultivation (i.e.: Indoor, Outdoor, Mixed-Light, and/or Nursery) on a single parcel, provided the parcel is located within the appropriate zoning district and further provided the site meets the minimum parcel size for each type of cultivation both individually and collectively. In such instance, the size of the cultivation area for each cultivation type must be limited to the maximum square footage limits set forth in the Cannabis Land Use Table. For example, a 10 acre site zoned Land Intensive Agriculture (LIA) could accommodate a maximum of 10,000 square feet of mixed-light cultivation or a maximum of 43,560 square feet of outdoor cultivation. Assuming an operator wanted to combine the mixed-light and outdoor cultivation on the same 10 acre site, the total cultivation area on the site could not exceed the maximum cultivation area allowed on a 10 acre site in the LIA zone: 43,560 square feet. In other words, the operator may have 10,000 square feet of mixed-light cultivation and 33,560 square feet of outdoor cultivation, or any combination of outdoor and mixed-light, provided the limits allowed for each cultivation type are not exceeded and the total cultivation area for all types does not exceed the maximum 43,560 square feet allowed.
As another example, a 10 acre parcel zoned LIA could individually accommodate 43,560 square feet of outdoor cultivation or 5,000 square feet of indoor cultivation or 10,000 square feet of mixed-light cultivation. Assuming an operator wanted to combine these cultivation types on the same site, the total cultivation area for all cultivation types could not exceed the maximum area allowed on a 10 acre site in the LIA zone: 43,560 square feet. In such instance, the operator could obtain a single use permit for 3,000 square feet of indoor cultivation, 10,000 square feet of mixed-light cultivation, and 30,560 square feet of outdoor cultivation.
Can I apply for multiple cultivation permits on different parcels?
A single operator may obtain multiple cultivation permits on different parcels within the County provided the total square footage of all permitted cultivation does not exceed one acre countywide. In other words, if a single operator holds multiple cultivation permits on multiple parcels, the total countywide cultivation area for that operator cannot exceed one acre. For example, Operator A may obtain use permits for 10,000 square feet of outdoor cultivation on one parcel in an agricultural area; 22,000 square feet of indoor cultivation in an industrial area in the southern part of the County; and 11,560 square feet of mixed-light cultivation in an industrial area in the northern part of the County, for a total countywide cultivation area of 43,560 square feet or one acre. In such instance, Operator A would not be able to obtain any additional cultivation permits within the County.
Can I apply for multiple permits for a multi-tenant operation on a single parcel?
Yes. The County may issue multiple zoning permits for multi-tenant operations on a single parcel in agricultural and industrial zones, provided the minimum parcel size is met for the total combined cultivation area and further provided the total combined cultivation area does not exceed the maximum area allowed for that type of cultivation pursuant to the Cannabis Land Use Table. For example, Operator A may obtain a zoning permit to operate a 2,500 square foot mixed-light culitivation facility within the LIA zone on Parcel X and Operator B may also obtain a zoning permit to operate a 2,500 square foot mixed-light cultivation facility on the same Parcel X.
Importantly, however, the combined cultivation area of the multi-tenant operation may not exceed the total cultivation area allowed based on the size of the parcel under the applicable land use. The Cannabis Land Use Table provides the maximum cultivation area per parcel (not per permit) dependent on the zoning district and parcel size. For example, a 10 acre agricultural parcel could accommodate a 10,000 square foot single tenant mixed-light cultivation facility or four 2,500 square foot multi-tenant operations.
Is there a minimum lot size or size limit for nurseries?
Yes. Cannabis nurseries are permitted in the same way as cultivation. The minimum lot size and zoning will determine the size of nursery allowed and at what size.
Do nurseries or propagation areas count against the 1 acre maximum requirement?
Yes. Nurseries and propagation areas are considered cultivation and are included in the maximum cultivation area that can be permitted. However, for flowering plant operations (i.e.: outdoor, mixed-light, and indoor), an additional 25% area for propagation to support onsite cultivation may be requested with a use permit. This allowance does not apply to zoning permits.
Can I have 1 acre of cultivation and have a permit for manufacturing or other cannabis business?
Yes. An operator may be permitted for 1 acre of cultivation and other cannabis businesses, although these operations may not be permit-able on the same property (refer to the Cannabis Land Use Table).
Can I get a cultivation permit if I have an easement with the Agricultural Preservation and Open Space District (APOSD)?
No. Conservation easements acquired by the Sonoma County Agricultural Preservation and Open Space District (APOSD) do not allow for any uses that conflict with federal law.
How is cannabis canopy measured?
The Sonoma County Department of Agriculture/Weights & Measures is tasked with verifying canopy of cannabis cultivated in Sonoma County. This canopy is determined in a variety of ways. Below is a link to a comprehensive guide on how canopy is determined.
Determining Canopy - A Comprehensive Guide (PDF: 3.9 MB)
What are the setbacks required for cultivation?
Setbacks are measured as the horizontal distance between the uses.
Property Setbacks (outdoor cultivation): 100 feet from property lines, 300 feet from residences and businesses on adjacent properties. This is measured from the cultivation area to the actual residential or business structure.
Property Setbacks (mixed-light cultivation in agricultural and resource zones): 100 feet from property lines, 300 feet from residences and businesses on adjacent properties. This is measured from the cultivation area to the actual residential or business structure.
Property Setbacks (mixed-light cultivation in industrial zones): 300 feet from surrounding residences.
Separation Criteria (outdoor and mixed-light cultivation): the property line of the applicant’s property must be setback 1,000 feet from the nearest property line of a sensitive use (i.e.: K-12 public or private schools, parks, childcare center, or alcohol and drug rehabilitation centers). Unlike setbacks, the separation criteria are measured from the property line of the sensitive use to the property line of the parcel with the cultivation (i.e.: the measurement is not taken from the cultivation area).
For purposes of interpreting the Cannabis Ordinance, “Parks” include State Parks (i.e.: Sugarloaf Ridge State Park), Federal Recreation Areas (i.e.: Lake Sonoma), all Sonoma County Regional Parks, Community Parks and Neighborhood Parks as defined in the Sonoma County 2020 General Plan and 2020 General Plan EIR, and Class I Bikeways as defined in the Sonoma County 2020 General Plan.
Note: the only setback that applies to indoor cannabis uses are those of the base zoning district.
Can I get a setback reduction?
You may apply for a reduction in the park setback if a physical separation exists between the operation and the adjacent park, and the operation is not visible or accessible from the adjacent park. With exception to the park setback, no other reductions to the setbacks set forth in the ordinance are allowed. You may separately apply for a variance under California Government Code section 65906 and County Code section 26-92-100.
Can I cultivate cannabis using off-grid power?
Yes. Electrical power for indoor cultivation and mixed-light operations (and drying) including but not limited to illumination, heating, cooling, and ventilation, shall be provided by any combination of the following: (i) on-grid power with 100% renewable source; (ii) on-site zero net energy renewable source; or (iii) purchase of carbon offsets of any portion of power not from renewable sources. The use of generators for indoor and mixed-light cultivation is prohibited, except for portable temporary use in emergencies only.
Is cannabis cultivation allowed on lands in an Agricultural Preserve under a Williamson Act (Land Conservation Act) contract? How does growing cannabis on the property affect our property taxes?
The California Land Conservation Act, also known as the Williamson Act, provides for the establishment of Agricultural Preserves and allows property owners to enter into long-term contracts to devote their land to agricultural or open space uses; in exchange, the land owner receives beneficial property tax treatment. The Sonoma County Uniform Rules for Agricultural Preserves set forth the rules and regulations governing the administration of the County’s Agricultural Preserve program under the Williamson Act. Cultivation of cannabis is not considered a qualifying agricultural use, but limited cannabis cultivation may be allowed as a compatible use on contracted lands. All compatible uses (including homes) can take up no more than 15% of the property up to a maximum of 5 acres, whichever is less. As part of permitting for cannabis cultivation, the landowner will also need to file an application for a revised Land Conservation Act contract or Land Conservation Plan to identify the new cannabis use and a compliance statement to demonstrate that the land will remain in compliance with the contract restrictions. The area subject to cannabis cultivation may increase the property taxes even though the land remains under contract. For more information on changes in the use of land under Land Conservation Act contract, please contact the Sonoma County Assessor’s Office. It is always recommended that you consult with a tax professional before making any tax related decisions.
Please note that cannabis cultivation would not be permitted on lands with an Agricultural Preservation and Open Space Easement acquired by the Sonoma County Agricultural Preservation and Open Space District (APOSD).
Can I remove trees to accommodate my cultivation operation?
A use permit is required for any tree removal or timberland conversion.
When am I required to provide a hydrogeologic report with my application?
The Sonoma County Code states that a hydrogeologic report is required for projects located within Groundwater Availability Zone 4 or an area for which a Groundwater Management Plan has been adopted or designated as a high or medium priority basin. However, if you are applying for a use permit, the General Plan (Policy WR-2e) requires a hydrogeologic report for all discretionary applications located within Groundwater Availability Zones 3 and 4.
How do I apply for a cannabis cultivation license with the State?
Visit the Department of Cannabis Control webpage: How to apply for a license - Department of Cannabis Control
Why did I get a notice from Permit Sonoma Code Enforcement saying they need to conduct an inspection in response to a complaint?
Code Enforcement responds to complaints from neighbors and must respond to each complaint by conducting a site visit. Once a permit has been issued by Permit Sonoma or by the Department of Agriculture/Weights & Measures (AWM), complaints from the neighbors will be investigated by Permit Sonoma or AWM.
Structures and Building Permits
Can I get a building or grading permit before my zoning or use permit?
No. Building and grading permits are not issued until the land use has been approved. You may be able to apply for a plan check of the building and grading permits at the same time as the land use permit; however, changes in the land use approval or conditions may require revision of the building or grading plans at additional cost to the applicant.
Can I keep or add structures, roads, or any other impervious infrastructure on my property for my cannabis operation if the parcel is zoned for agricultural or resource use?
To prevent conversion of agricultural soils to permanent structures, the land uses listed under the applicable agricultural or resource zone below restrict cannabis related structures to existing legally established structures with building permits issued prior to 2016 or to "previously developed" areas, pursuant to the Cannabis Land Use Table.
"Previously developed" can also mean other impervious areas such as parking areas, structures or roads, as long as they were legally established through a grading permit or other ways. There should be no net increase in impervious surface area.
Land Intensive Agriculture Zone (LIA)
- Indoor cultivation or Indoor nursery up to 5,000 square feet
- Mixed-light cultivation or Mixed-light nursery up to 10,000 square feet
- Processing only
- Distributor-Transport only
Land Extensive Agriculture (LEA)
- Indoor cultivation or Indoor nursery up to 5,000 square feet
- Mixed-light cultivation or Mixed-light nursery up to 10,000 square feet
- Processing only
- Distributor-Transport only
Diverse Agriculture Zone (DA)
- Indoor cultivation or Indoor nursery up to 5,000 square feet
- Mixed-light cultivation or Mixed-light nursery up to 10,000 square feet
- Processing only
- Distributor-Transport only
Resource Rural Development (RRD)
- Indoor cultivation or Indoor nursery up to 5,000 square feet
- Mixed-light cultivation or Mixed-light nursery up to 10,000 square feet
- Distributor-Transport only
Can I get a permit to install solar panels in advance of applying for a cannabis use, at a size that meets the projected demand for my cannabis use?
No. Accessory solar arrays are permitted for on-site uses. You may be able to apply for a plan check of the building permit application for solar at the same time as the land use permit; however, changes in the land use approval or conditions may require revision of the building or grading plans at additional cost to the applicant.
Are membrane structures (i.e.: greenhouses and hoop houses) subject to building and fire codes?
It depends. The specific requirements for temporary and permanent membrane structures can be downloaded here.
Am I required to install a fixed restroom that's connected to a septic or sewer system?
It depends. Details on restroom requirements for specific cannabis operations can be downloaded here.