Bay Area/ San Jose/ Retail & Industry
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Published on May 29, 2023
San Jose Aims to Equitably Expand Pot Shops Amid Citywide Upzoning

In an ongoing effort to bolster the cannabis industry and simultaneously distribute it more evenly across San Jose, the city has proposed a comprehensive reevaluation of its existing regulations, as the San José Spotlight reported earlier today. The city council aims to relax some longstanding rules that have effectively limited the expansion of cannabis dispensaries and has even hindered the ability to open new shops despite an increasing demand. This renewed effort comes in the wake of a recent reported $216.2 million in tax revenue from the sale of legal cannabis within the first quarter of 2023 alone, a figure which perhaps hints at the untapped potential of the industry.

Last February, city leaders voted to allow registered cannabis retail storefronts to open second locations in commercial areas, signaling a departure from the limited industrial zonings previously permitted. Now, the Planning Commission has approved recommendations to decrease distance requirements between cannabis retailers and schools, daycare centers, and other community spaces from 1,000 feet to 500 feet, and to eliminate requirements designed to prevent the concentration of dispensaries in specific areas or in high-crime hotspots. These proposed changes would permit up to 21 new cannabis dispensaries to open in commercial locations, raising the overall total to 37 as reported in this other San José Spotlight piece.

While the Planning Commission's vote is only a recommendation, the city council is expected to consider the suggested changes shortly. In addition to the zoning and distance rule refinements, there is a significant emphasis on equity within the budding cannabis industry. The commission has proposed allowing up to 10 new cannabis businesses specifically for equity applicants, up to half of which can be retail storefronts. To qualify for this initiative, applicants must be San Jose residents; estimation from San Jose Spotlight suggests only three of the currently permitted 16 dispensaries are minority-owned.

Although the recommendations have met with some dissent from certain commissioners, the overall sentiment seems to be in favor of the proposals and of sustaining local cannabis industry opportunities. This spirit of support aligns well with California's broader stance on growing the legalized cannabis industry while simultaneously ensuring the safety and satisfaction of its residents. In fact, San Jose is one of the only cities in Silicon Valley with operating cannabis storefronts, making it somewhat of a magnet for the region's pot sales, per SF Gate.

The expected increase in the number of permitted dispensaries within San Jose will likely result in an expansion of the cannabis industry throughout California. The growth of this industry could, in turn, generate a continued increase in tax revenue for the state, thus benefiting not only San Jose but also California as a whole.