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Cannabis FAQs
Below are questions and answers concerning current County regulations related to the outdoor cultivation of marijuana in the unincorporated area of Yolo County with the intent to address neighbor complaints, limit harmful environmental impacts, and protect patient access to marijuana.
Expand/Contract Questions and Answers
- Yes. Copies of all State and County licenses (and all application materials submitted to the State and County for such licenses) shall be required as part of the Cannabis Use Permit application.
- Only if structures are involved in the operation.
Are persons engaged in cannabis activities subject to possible Federal prosecution, regardless of State licensure?
Yes. Cannabis is classified as a Schedule 1 controlled substance under the Federal Controlled Substances Act of 1970. Individuals engaging in cannabis cultivation and/or other cannabis activities risk prosecution under federal law. Persons engaged in cannabis activities assume any and all risk and any and all liability that may arise or result under State and Federal laws from the cultivation, sale, possession, distribution, use of cannabis and/or any other cannabis activity. Operation pursuant to a County Cannabis License or County Cannabis Use Permit does not assert or provide Federal protection.Yes. Click here for current fees charged to cover costs associated with the regulation of commercial cannabis cultivation.
- Yes, but the Cannabis Use Permit dictates the type and number of licenses that can be issued to that property.
- No. A permanent power source is required.
- Yes, but the number of operators is dependent on the use(s) approved by the Cannabis Use Permit.
No but the following limitations apply:
1) Not more than (6) six living plants may be planted, cultivated, harvested, dried or processed within a single private residence, or upon the premises of that private residence, provided the resident cultivates cannabis for his or her sole personal use and does not sell, distribute, donate, or provide cannabis to any other person or entity.
2) The plant number limitation is imposed regardless of the number of residents residing on the premises, participating directly or indirectly in or benefitting from the cultivation.
3) The resident(s) shall reside full-time in the residence where the cannabis cultivation occurs and may not participate in cannabis cultivation at any other residential location within the County of Yolo.
- Yes. Applicants for outdoor (and mixed light if screening is required) cannabis cultivation must submit a screening plan as part of the Use Permit application if the cultivation area will be visible from public rights-of-way. The screening plan shall include details such as location, height, material or species (if proposing vegetative screening). Sites not visible from public rights-of-way are not required to be screened, unless determined by the County that screening is necessary for security purposes. See CLUO Section 8-2.1408(KK).
Even though application forms are not yet available, I want to start working on the application process. What can I reference to start this process?
Two workshops are planned to be held in December 2021 (Dec. 8 and Dec. 16) to help existing licensees get started. More details on these workshops will be provided closer to the dates. In the meantime, please familiarize yourself with the CLUO and pay particular attention to Sections 8-2.1408 and 8-2.1410. The CLUO can be found here.The number of licenses shall be allocated by the use type not to exceed the following:
Personal (indoor or outdoor) = no permits/licenses required; unlimited
Cultivation (indoor or outdoor) = 49
Nurseries = 5 (0 in Capay Valley)
Processing = 7 (0 in Capay Valley)
Manufacturing = 6 (0 in Capay Valley)
Testing = 2 (0 in Capay Valley)
Distribution = 7 (0 in Capay Valley)
Retail (store front) = 5 (0 in Capay Valley and 0 in Clarksburg) (applications not allowed until October 14, 2023)
Retail (non-store front) = 10 (0 in Capay Valley) (must be associated with a Yolo Cannabis Use Permit)
Special Cannabis Event = 0
Microbusiness = 5 (0 in Capay Valley)
- The total number of Cannabis Use Permits issued by the County shall not exceed 65, of which no more than 5 may be located in the Capay Valley.
- Operators must provide to the County an Odor Control Plan describing the methods, procedures, and engineering controls for reducing/controlling odors. The Odor Control Plan must be certified by a professional engineer or qualified odor professional.
- Operators must provide to the County a Security Plan.
- We expect to open the application period for new applicants (those who do not already have a State and County Cannabis License) in early 2023.
I have an existing/current license issued by the County. When can I apply for a Cannabis Use Permit (CUP), and when are applications due?
1/3/2022 - Existing licensees may apply for a CUP
6/30/2022 - CUP applications dueI need to relocate my cannabis operation to a new site (or I am a new applicant), how can I determine if the location I want to move to is within an over-concentration area?
Contact Jeff Anderson, Senior Planner
(530) 666-8043; Jeff.Anderson@yolocounty.org
Cultivation for personal use cannot be sold, distributed, or donated to any other person or entity.
Yes. The Yolo County 2030 Countywide General Plan defines cannabis cultivation, cannabis nurseries, and cannabis processing as Agriculture. Further, the recently adopted Cannabis Land Use Ordinance (CLUO) describes cannabis cultivation and related activities as agricultural land uses.
The identification of cannabis as an agricultural use, however, does not extend to other areas of the law. For example, cannabis is not an agricultural crop with respect to the County’s “right to farm” ordinance.
- Yes, but only after having been issued a Yolo County Cannabis Use Permit and cultivation license, and applicable State license(s).
- No. The Board of Supervisors adopted an ordinance banning industrial hemp cultivation, manufacturing, processing, and storage within the unincorporated area of the County. However, there are some exceptions to this ban, including the indoor cultivation of hemp in a structure dedicated solely to the cultivation of hemp for purposes of nursery stock, transplants, research or seed breeding. More information can be found in Title 10, Chapter 14 of the Yolo County Code or by contacting the Yolo County Department of Agriculture.
The CLUO defines the following as sensitive land uses:
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Off-site individual legal residences located on parcels under separate ownership in a non-residential zone
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Residentially zoned land
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Public parks
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Licensed day cares
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Recognized places of worship
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Public or licensed private schools
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Licensed treatment facilities for drugs or alcohol
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Licensed youth centers
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Federal lands held in trust by the federal government or subject of a trust application for a federally recognized Tribal government
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Tribal cultural resources
Cannabis operations must meet specific buffers from these sensitive land uses. See question ‘What buffers are required between cannabis uses and identified sensitive land uses,’ below.
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The buffers required between cannabis uses and identified sensitive land uses are site specific depending on the cannabis use type and whether the permittee is an existing licensee or new/relocating licensee. See the table in CLUO Section 8-2.1408(E).
Click here for table listing buffers from sensitive land uses.
In general terms, over-concentration means an area of the County where there are too many operations in close proximity to each other.
The Capay Valley is identified as an area of over-concentration and shall be limited to no more than five Cannabis Use Permits. New or relocating Cannabis Use Permits are not allowed in the Capay Valley.
The remaining unincorporated area of the County shall not be considered over-concentrated based on Existing Licenses.
New/relocated cannabis operators shall not be allowed in any other area of the County with seven Cannabis Use Permits in any six-mile diameter area. The determination of over-concentration for new/relocating permittees will be based on the order in which applications have been determined to be complete.
- TBD. Cannabis Use Permit application fees will require an initial deposit. Fees paid to the County will be based on actual staff time expended and other costs, including but not limited to, costs for outside consultants’ services, legal review, and materials and equipment.
A Cannabis Use Permit provides the property, for which the use permit is issued to, an entitlement to operate a specific type of cannabis business, such as cultivation, processing, distribution, etc. A Cannabis License is issued to an entity to operate a specific cannabis business and is renewed annually in order to operate, such as a Cannabis Cultivation License, Cannabis Distribution License, etc.
Under the CLUO, the issuance of a Cannabis Use Permit is required in order to obtain a Cannabis License(s).
Up to 1 acre currently.
Up to 2 acres once a Cannabis Use Permit is obtained.
- The Cannabis Land Use Ordinance (CLUO) was adopted by the Board of Supervisors on September 14, 2021. The CLUO will become effective on October 14, 2021. Soon after the ordinance becomes effective, it will be codified in Title 8, Chapter 2, Article 14 of the Yolo County Code here. In the meantime, you can view a pdf document of the approved CLUO by clicking here.
12/1/2021 - Application information will be available.
12/8 + 12/16/2021 - Implementation workshops- Initially the County will open the application process to existing licensed cannabis cultivators. If any Cannabis Use Permits are remaining after the completion of the initial review process, the County will open it up to the general public.
Jeff Anderson, Senior Planner
(530) 666-8043; Jeff.Anderson@yolocounty.org- Please Contact the Yolo County Cannabis Unit at (530) 406-4800 or cannabis@yolocounty.org. Or, you may submit a complaint using the online complaint form by clicking here.
Who can I contact with complaints or questions about a permitted/licensed cannabis cultivation site?
Please Contact the Yolo County Cannabis Unit at (530) 406-4800 or cannabis@yolocounty.org. Or, you may submit a complaint using the online complaint form by clicking here.- No.