Registration and Application Materials

Below are registration and application materials for retail and non-retail cannabis businesses.

Retail
The retail registration submittal period occurred from January 17, 2022 to February 18, 2022, and is now closed. Staff is reviewing the registration submittals, and will be conducting the lottery process in the next couple of months to determine the final four applicants that will move forward. The lottery will be noticed on the project webpage and other media once the date is determined. Business Licenses will not be issued until all steps in the process are complete. Below is a list of all retail registration submittals and a flowchart:

Retail Registration List
Retail Flowchart

Non-Retail
Procedures and Guidelines
Registration Form
Application Form
Financial Responsibility and Indemnification Agreement
Geographic Barrier Form

Online Mapping Tool

The City has developed an online mapping tool to assist the public and potential applicants in determining where it may be possible to locate a cannabis business. There are two separate maps, one for cannabis retail use (click here), and one for all other cannabis uses (non-retail) (click here). The maps display:

  • Allowable zoning districts for each use as established by Measure H
  • 1,000' buffers for sensitive uses, including day care centers, playgrounds, and schools, as established by Measure H
  • 600' buffers for youth centers, as established by California Business and Professions Code (BPC) Section 26054(b)

Only the locations of sensitive uses in existence prior to January 10, 2022, have been used in determining the separation buffers on the maps. Regardless of what is depicted on these maps, it will be the responsibility of the applicant to ensure and demonstrate that a proposed location meets all sensitive use buffer requirements based on sensitive uses in existence at the time of application, which will be verified by City staff.

Community Outreach

Workshop - December 1, 2021
A community workshop for the cannabis ordinance amendment was held on December 1, 2021. This workshop provided an opportunity for residents and businesses to learn about the cannabis business application process, vetting, locations, and the process for filing cannabis complaints. Below are links to the workshop slideshow presentation and video recording.

Slideshow Presentation
Video Recording

To sign up to receive information on cannabis as it is released, go to this link, enter your e-mail address, and check the “Measure H – Marijuana Initiative” box:  https://encinitasca.gov/Home/City-Updates

Background

Encinitas voters passed Measure H at the November 3, 2020 Regular Municipal Election. Measure H was a citizen’s initiative regarding cannabis that qualified for the ballot through the California elections code process. As required by law, the measure was placed on the ballot exactly as it was written and submitted to the City. The City is unable to make any changes to the measure as approved by the voters, and must implement the measure as written.

On August 11, 2021, the City Council adopted Ordinance No. 2021-04 to implement Measure H. On December 17, 2021, a Local Coastal Program Amendment regarding Ordinance No. 2021-04 was approved by the California Coastal Commission. Ordinance No. 2021-04 authorizes several cannabis-related uses in certain commercial, industrial, and agricultural zones. Ordinance No. 2021-04 created a new Encinitas Municipal Code (EMC) Chapter 9.25.

On October 20, 2021, the City Council adopted Resolution No. 2021-94 establishing cannabis business registration, application, and other regulatory fees in conjunction with Measure H. Click here for the Cost Recovery Analysis used in determining cannabis fees.

Facts

Pursuant to Measure H, cannabis retail sales, cultivation, product manufacturing, kitchens, distribution, and industrial hemp uses are permitted in the City subject to certain regulations and restrictions. The following are some of the rules established by the measure:

  • A minimum of four business licenses shall be granted to retailers. The City Council may choose to increase the number of licenses granted at their discretion.
  • Retailers are permitted in the following zones: General Commercial (GC), Downtown Encinitas Specific Plan Commercial Mixed-Use (D-CM-1 & D-CM-2), North 101 Corridor Specific Plan Commercial Mixed-Use (N-CM-1, N-CM-2 & N-CM-3), Encinitas Ranch Specific Plan Commercial (ER-C) and Mixed-Use (ER-MU1 & ER-MU2), Cardiff-by-the-Sea Specific Plan General Commercial (C-GC1 & C-GC2).
  • Retailers shall maintain a 1,000-foot separation from sensitive uses, defined as a day care center, playground, other retailer, or school. Per California Business and Professions Code (BPC) Section 26054(b), cannabis businesses shall also maintain a 600-foot separation from youth centers.
  • Retail cannabis business licenses shall be determined through a tiered lottery system, with the first lottery drawing among the applicants who meet the maximum number of criteria for preference.
  • Product manufacturing and cannabis kitchen uses are allowed in the Business Park (BP), Light Industrial (LI), and Encinitas Ranch Specific Plan Agricultural (ERSP-AG) zones. Distribution site uses are permitted in the Business Park (BP) and Light Industrial (LI) zones. Commercial cultivation and industrial hemp uses are allowed in the Encinitas Ranch Specific Plan Agricultural (ERSP-AG) zone only.
  • See the Measure H document and FAQ for further information.

Additional Resources

State Cannabis Licensing Regulations

California Department of Cannabis Control

California Industrial Hemp Program

Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)

Public Health and Safety Information

California Department of Public Health - Let’s Talk Cannabis