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HomeMy WebLinkAboutItem 6d. Annual Cannabis Program Update Item 6d Department: Community Development Cost Center: 4001 For Agenda of: 7/21/2026 Placement: Consent Estimated Time: N/A FROM: Timmi Tway, Community Development Director Prepared By: Ivana Gomez, Cannabis Business Coordinator SUBJECT: ANNUAL CANNABIS BUSINESS PROGRAM UPDATE. RECOMMENDATION Receive an update on the City’s Cannabis Business Program. POLICY CONTEXT In January 2019, the City Council directed staff to provide annual updates regarding implementation of the Cannabis Business Program. Consistent with that direction, staff returns annually with information regarding cannabis operators in the City, cannabis tax and permit fee revenue, and relevant state and federal regulatory activity. REPORT-IN-BRIEF The Annual Cannabis Business Program Update provides an opportunity for staff to update the City Council on the overall status and implementation of the Cann abis Business Program and to identify potential policy or regulatory changes to improve administrative and operational processes. At the time of the last update on May 6, 2025, staff presented the annual update and also included a proposed ordinance clarifying amendments to the cannabis regulations (SLOMC § 17.86.080)1. This year, staff has not identified any amendments that are necessary to administration of the program. Accordingly, this report provides: 1) an update on cannabis operators in the City; 2) cannabis tax and permit fee revenue forecast updates; and 3) a brief overview of state and federal cannabis regulatory activity. DISCUSSION Cannabis Operators The City currently has two operating cannabis retail storefronts—Megan’s Organic Market (280 Higuera St) and SLOCAL Roots (3535 S Higuera St). On June 5, 2025, Megan’s Organic Market applied for an amendment to their Conditional Use Permit to allow 1 Item 7a. Annual Cannabis Business Program Update and Introduction of Ordinance for Zoning Code Amendments Page 31 of 322 Item 6d 2 delivery services from their existing retail storefront location at 280 Higuera Street. The Planning Commission reviewed the request at a regular public hearing on August 27, 2025, and voted 4-0 to approve the amendment which allows Megan’s to offer delivery services to their existing operation2. Megan’s initiated their delivery operations in April of 2026. Under state and local law, Megan’s may deliver to any jurisdiction provided they comply with applicable state and local regulations including tax remittance requirements imposed by other jurisdictions. SLOCAL Roots, located at 3535 South Higuera Street, has continued construction activities associated with the previously approved phased development of the site. The approved project included retail operations initially occurring within a smaller building on site while the larger primary retail building was completed. Construction of the primary retail building is now substantially complete, and the transition is anticipated to occur in summer of 2026, subject to final inspections and certificate of occupancy issuance. Upon completion of the transition, the smaller building will support administrative functions. As part of SLOCAL Roots’ transition to its larger retail building, City staff, including the Cannabis Business Coordinator, Police Department, and Code Enforcement, conducted a site visit at SLOCAL Roots on June 3, 2026 to verify implementation of the approved security measures. No changes to approved operational requirements or hours of operation are associated with the transition. Application Period From July 1 through July 31, 2025, the City opened the application process and accepted applications for both competitive permit types (retail storefronts) and non -competitive permit types (all other cannabis business permit types). The application period followed the voluntary withdrawal of a previously issued contingent retail storefront operator permit and associated Conditional Use Permit approved during the prior application cycle, resulting in one retail storefront permit becoming available3. The City received two retail storefront applications during the application period, which were evaluated using the Cannabis Business Operator Permit Scoring Guidelines and City Council-adopted merit criteria. Because the Municipal Code limits the number of retail storefront permits citywide to three (SLOMC § 17.86.080(E)(10)(b)(ii)), the highest- scoring applicant, Stiiizy SLO, was awarded a contingent operator permit on December 18, 2025, for the approved location at 2400 Broad Street. As of the date of this report, the applicant has not yet submitted a Conditional Use Permit application. Prior to commencing operations, the applicant must obtain a Conditional Use Permit, state license, and any required building permits associated with the project. The applicant must also demonstrate the legal right to occupy and use the proposed location for the approved cannabis use prior to issuance of a Final Operator Permit. Pursuant to SLOMC § 9.10.070(D), the operator permit must be activated within twenty-four months of issuance, 2 PC-1108-25 (MOD-0424-2025 -- 280 Higuera St.) 3 Embarc SLO was previously awarded a contingent operator permit and CUP to operate at 2400 Broad Street. Embarc SLO withdrew both applications on May 21, 2025. A new application period opened from July 1, 2025, through July 31, 2025. Page 32 of 322 Item 6d 3 or by December 18, 2027. Under the Municipal Code, activation occurs upon issuance of all required approvals and licenses and the commencement of commercial cannabis operations at the approved location. Cannabis Tax and Permit Fee Revenue Revenue generated from the City's Cannabis Business Program supports a variety of core municipal services that benefit residents of San Luis Obispo. This revenue is generated from cannabis business taxes, application and licensing fees, and other regulatory fees associated with commercial cannabis operations. These funds are allocated to the City’s General Fund, supporting essential community services as well as the continued administration of the cannabis program. Cannabis Tax Revenue Figure 1 (below) illustrates actual and budgeted cannabis tax revenue for Fiscal Years (FY) 2021-22 through 2025-26, with estimated full year results for FY 2025-26 as actuals are not yet available. Cannabis tax revenue decreased significantly in FY 2024-25 and continued to decrease modestly in FY 2025-26. Figure 1: Cannabis Tax Revenue FY 2021-22 through FY 2025-26 (estimate) The table above includes an estimate for FY 2025-26 actuals. Based on year-to-date results and typically observed seasonality, it is anticipated that full year revenue will be below budget and future budgets have been adjusted accordingly. The decline in cannabis tax revenue is generally consistent with broader market trends affecting California's regulated cannabis industry. The City continues to monitor cannabis tax compliance through independent audits conducted by a licensed certified public FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Actual $998,874 $1,127,744 $1,116,495 $814,502 $742,771 Budgeted $1,000,000 $1,100,000 $1,100,000 $1,100,000 $1,000,000 $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 Actual Budgeted Page 33 of 322 Item 6d 4 accounting firm. The most recent audits found both licensed operators to be in compliance with the City's cannabis tax requirements. Cannabis Permit Fee Revenue In addition to tax revenue, the City collects business fees to recover the costs of administering the Cannabis Business Program. These include application fees for new commercial cannabis operator permits, annual renewal fees for existing operators, and ownership transfer fees, which are less common4. Fee revenue projections are based on the anticipated number of applications, annual permit renewals, and potential ownership transfer requests. The City has budgeted $104,000 in cannabis-related permit fee revenue for the upcoming fiscal year, assuming only the renewal fees of the two existing operators. Figure 2 provides an overview of actual and budgeted cannabis permit fee revenue for FY 2021-22 through FY 2025-26, with estimated results for FY 2025-26 as actuals are not yet available. Figure 2: Cannabis Permit Fee Revenue FY 2021-22 through FY 2025-26 The table above shows the volatility in this revenue stream as operators have entered and exited the local market. Results for FY 2025-26 are estimated assuming renewal fees 4 Transfer of Ownership: In accordance with Section 9.10.120 of the San Luis Obispo Municipal Code, transfers of Commercial Cannabis Operator Permits are allowed only if they meet specific criteria, including compliance with the original application and Community Benefit Agreement. A fixed fee of $14,836.46 is required for all transfer requests. FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Actual $127,380 $147,295 $149,990 $220,078 $100,000 Budget $157,000 $177,000 $171,000 $232,600 $100,000 $0 $50,000 $100,000 $150,000 $200,000 $250,000 Actual Budget Page 34 of 322 Item 6d 5 from the two existing operators as revenue has not been booked yet. Future budgets assume renewals from the same two existing operators only. State Law and Federal Law During the reporting period, the California Department of Cannabis Control adopted several regulatory updates related to state cannabis licensing, cultiva tion operations, sanitation standards, and product regulations, and is currently considering additional rulemaking related to cultivation tracking, track-and-trace requirements, pesticide testing, and product standards. These actions are primarily administrative and operational in nature and do not affect local land use authority or require amendments to the City's Cannabis Business Program at this time. At the federal level, cannabis remains regulated under the Controlled Substances Act. During the reporting period, federal agencies continued to evaluate cannabis policy and regulatory frameworks, including actions related to certain state -licensed medical cannabis activities. In April 2026, the federal government reclassified certain state - licensed medical cannabis products from Schedule I to Schedule III and established a pathway for eligible medical cannabis operators to pursue federal registration. While these changes may affect aspects of state licensing and business operations for retailers holding both adult-use and medicinal license designations, they do not affect local permitting requirements, and adult-use cannabis remains federally prohibited. Staff has not identified any state or federal regulatory changes that necessitate amendments to the City's Cannabis Business Program at this time. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, as the action does not constitute a “Project” under CEQA Guidelines Section 15378. FISCAL IMPACT Budgeted: Yes Budget Year: 2026-27 Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $N/A State Federal Fees Other: Total $N/A Page 35 of 322 Item 6d 6 This item has no fiscal impact, as it does not propose any changes to the adopted budget or result in new expenditures or revenues. The update is informational in nature and reflects existing operations and fee structures previously approved by the City Council as part of the 2025–27 Financial Plan. ALTERNATIVES 1. Direct staff to return with proposed amendments to the Cannabis Business Program or Municipal Code if the City Council determines that policy or regulatory changes warrant further consideration. Page 36 of 322