For AI agents: read the machine-readable documentation index at /llms.txt or the single-file full reference at /llms-full.txt.
Form a Business

Definitions

SJ-MC tit. 6, ch. 6.88, pt. 2
in effect

San José Municipal Code § 6.88.200 Definitions and construction.

6.88.200 - Definitions and construction. The definitions set forth in this Part shall govern the application and interpretation of this Chapter. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision. (Ord. 30210.)

San José Municipal Code § 6.88.202 Attending physician.

6.88.202 - Attending physician. "Attending Physician" shall have the definition given in California Health and Safety Code Section 11362.7. (Ord. 30210.)

San José Municipal Code § 6.88.203 Business entity.

6.88.203 - Business entity. "Business entity" means any organization or enterprise including, but not limited to, a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, association, or nonprofit organization. (Ord. 30726.)

San José Municipal Code § 6.88.204 Cannabis.

6.88.204 - Cannabis. "Cannabis" shall have the definition given in California Business and Professions Code Section 26001(f). (Ords. 30210, 31099.)

San José Municipal Code § 6.88.205 Cannabis activity.

6.88.205 - Cannabis activity. Each of the following is considered a "Cannabis Activity", whether for medical or non-medical use, or both: A. Cultivation of cannabis; B. Manufacture of cannabis; C. Distribution of cannabis; D. Retail sales or transfers of cannabis at a retail storefront or dispensary and/or by delivery; or E. Testing of cannabis at a testing laboratory. (Ords. 30210, 30726, 31099, 31273.)

San José Municipal Code § 6.88.206 Cannabis business.

6.88.206 - Cannabis business. "Cannabis Business" means any business, Collective, establishment, association or any other organization or any Person, engaged in any Cannabis Activity, whether for medical or non-medical use, or both. (Ord. 30210.)

San José Municipal Code § 6.88.208 Concentrated cannabis.

6.88.208 - Concentrated cannabis. "Concentrated Cannabis" shall have the definition given in Title 4 of the California Code of Regulations Section 15000(h). (Ords. 30210, 31099.)

San José Municipal Code § 6.88.209 Cultivation.

6.88.209 - Cultivation. "Cultivation" shall have the definition given in Title 4 of the California Code of Regulations Section 15000(q). (Ords. 30210, 31099.)

San José Municipal Code § 6.88.210 Cultivation site.

6.88.210 - Cultivation site. "Cultivation Site" shall have the definition given in Title 4 of the California Code of Regulations Section 15000(r). (Ords. 30210, 31099.)

San José Municipal Code § 6.88.211 Customer.

6.88.211 - Customer. "Customer" means a person, including a Qualified Patient or Primary Caregiver, who purchases or receives cannabis for medical or non-medical use. (Ord. 30210.)

San José Municipal Code § 6.88.212 Deliver.

6.88.212 - Deliver. "Deliver" means to transport and transfer cannabis from the Location or Premises of the Cannabis Business to a Customer located at another property, Location, or Premises. Deliver does not include distribution. (Ords. 30210, 31099.)

San José Municipal Code § 6.88.212.1 Delivery employee.

6.88.212.1 - Delivery employee. "Delivery Employee" shall have the definition given in Title 4 of the California Code of Regulations Section 15000(s). (Ord. 31099).

San José Municipal Code § 6.88.212.3 Delivery-only business.

6.88.212.3 - Delivery-only business. "Delivery-Only Business" means a business which only delivers cannabis and does not operate a premises or location where transfers of cannabis to customers occur. Also referred to as "Non-Storefront Retailer" per Title 4 of the California Code of Regulations Section 15414. (Ords. 30726, 31099).

San José Municipal Code § 6.88.212.5 Delivery-only site.

6.88.212.5 - Delivery-only site. "Delivery-Only Site" means the property, Location, or Premises from which only deliveries of cannabis are initiated. (Ords. 30927, 31099.)

San José Municipal Code § 6.88.213 Dispensary.

6.88.213 - Dispensary. "Dispensary" means the property, Location, or Premises where transfers of cannabis to customers occur. (Ords. 30210, 30726, 31273.)

San José Municipal Code § 6.88.214 Dispense.

6.88.214 - Dispense. "Dispense" means the transfer of Non-medical Cannabis to a person age twenty-one (21) or older, or the transfer of Medical Cannabis to a Qualified Patient age twenty-one (21) or older or Primary Caregiver age twenty-one (21) or older. (Ords. 30210, 30726.)

San José Municipal Code § 6.88.215 Distribute.

6.88.215 - Distribute. "Distribute" shall have the same meaning as Title 4 of the California Code of Regulations Section 15000(u). Distribute does not include delivery to a Customer. (Ords. 30210, 31099.)

San José Municipal Code § 6.88.216 Distribution site.

6.88.216 - Distribution site. "Distribution Site" means the property, Location, or Premises where cannabis is distributed or stored for distribution. (Ord. 30210.)

San José Municipal Code § 6.88.217 Electronic age verification device.

6.88.217 - Electronic age verification device. "Electronic Age Verification Device" means a device capable of quickly and reliably confirming the age of the cardholder of a government issued identification card using computer processes. (Ord. 30210.)

San José Municipal Code § 6.88.217.2 Equity employee.

6.88.217.2 - Equity employee. "Equity Employee" means an individual who meets the criteria in subsections (1) through (3) in Section 6.88.395 A. (Ord. 30254.)

San José Municipal Code § 6.88.217.3 Equity business owner.

6.88.217.3 - Equity business owner. "Equity Business Owner" means an Owner, as defined by Section 6.88.255, who meets the criteria of Section 6.88.395 B. (Ords. 30254, 30726.)

San José Municipal Code § 6.88.217.4 Equity business partnership.

6.88.217.4 - Equity business partnership. "Equity Business Partnership" means a Cannabis Business where fifty-one percent (51%) or more of the entity applying for a Cannabis Business Registration is owned and controlled in aggregate by individual partners, each of whom meets the criteria of Section 6.88.395 B. (Ord. 30726.)

San José Municipal Code § 6.88.217.5 Equity cannabis business.

6.88.217.5 - Equity cannabis business. "Equity Cannabis Business" means a cannabis business where fifty-one percent (51%) or more of the business's aggregate interest, legal or equitable, or otherwise, is owned and controlled by one or more Equity Business Owners. (Ord. 30726.)

San José Municipal Code § 6.88.217.6 Financial interest in a commercial cannabis business.

6.88.217.6 - Financial interest in a commercial cannabis business. "Financial Interest in a Commercial Cannabis Business" shall have the same meaning as Title 4 of the California Code of Regulations Section 15004. (Ords. 30726, 31099.)

San José Municipal Code § 6.88.218 Identification card.

6.88.218 - Identification card. "Identification Card" shall have the definition given in California Health and Safety Code Section 11362.7. (Ord. 30210.)

San José Municipal Code § 6.88.220 Location.

6.88.220 - Location. "Location" means the lot or parcel or portion of a lot or parcel that is used by a Cannabis Business. (Ord. 30210.)

San José Municipal Code § 6.88.227 Manufacture.

6.88.227 - Manufacture. "Manufacture" shall have the definition given in Title 4 of the California Code of Regulations Section 15000(OO) and Section 15000(pp). (Ords. 30210, 31099.)

San José Municipal Code § 6.88.228 Manufacturing site.

6.88.228 - Manufacturing site. "Manufacturing Site" means the property, Location, or Premises where cannabis is manufactured or stored for manufacture. (Ord. 30210.)

San José Municipal Code § 6.88.230 Marijuana.

6.88.230 - Marijuana. "Marijuana" shall have the same definition as "cannabis" given in California Health and Safety Code Section 11018. Marijuana includes cannabis. (Ord. 30210.)

San José Municipal Code § 6.88.235 Medical cannabis.

6.88.235 - Medical cannabis. "Medical Cannabis" means cannabis used for medical purposes in accordance with California Health and Safety Code Section 11362.5, including any product containing Medical Cannabis, manufactured in accordance with all state and local laws. (Ord. 30210.)

San José Municipal Code § 6.88.236 Medical cannabis business.

6.88.236 - Medical cannabis business. "Medical Cannabis Business" means a business entity which includes medical cannabis in one or more of its cannabis activities. (Ord. 30927.)

San José Municipal Code § 6.88.240 Medical cannabis collective.

6.88.240 - Medical cannabis collective. "Medical Cannabis Collective" or "Collective" means an incorporated or unincorporated association, composed of four (4) or more individuals who are Qualified Patients and designated Primary Caregivers of Qualified Patients (individually and collectively referred to as "member(s)") who associate at a particular location to collectively or cooperatively cultivate Medical Cannabis, in strict accordance with California Health and Safety Code Sections 11362.5 et seq. (Ord. 30210.)

San José Municipal Code § 6.88.242 Medical cannabis transfers.

6.88.242 - Medical cannabis transfers. "Medical Cannabis Transfers" means: A. The transfer of Medical Cannabis from a Primary Caregiver to that Primary Caregiver's Qualified Patient for such consideration as is sufficient to reimburse that Primary Caregiver for the Primary Caregiver's out-of-pocket expenses and for the Primary Caregiver's services; B. Transfers of Medical Cannabis from a Cannabis Business to a person aged twenty-one (21) or older in possession of a Physician's Recommendation for Medical Cannabis or in possession of a Medical Cannabis Identification Card as defined in Section 6.88.218 of this Code or a Primary Caregiver aged twenty-one (21) or older; or C. Any sale, transfer or barter of Medical Cannabis in exchange for money or any other thing of value whatsoever, including without limitation, donations, labor or services rendered. (Ords. 30210, 30726.)

San José Municipal Code § 6.88.243 Non-medical cannabis.

6.88.243 - Non-medical cannabis. "Non-medical Cannabis" means cannabis intended for, transferred to, distributed to, possessed by, or used by any person who is not a Qualified Patient. Non-medical Cannabis includes cannabis that is adult use or recreational use. (Ord. 30210.)

San José Municipal Code § 6.88.244 Non-medical cannabis transfers.

6.88.244 - Non-medical cannabis transfers. "Non-medical Cannabis Transfers" means any sale, transfer or barter of Non-medical Cannabis in exchange for money or any other thing of value whatsoever, including without limitation donations, labor or services rendered. (Ord. 30210.)

San José Municipal Code § 6.88.245 On-site designated representative.

6.88.245 - On-site designated representative. "On-Site Designated Representative" means a natural person that is designated by the Cannabis Business to be present, and who is present, at all times during the Cannabis Business's hours of operation. (Ords. 30210, 31099.)

San José Municipal Code § 6.88.255 Owner.

6.88.255 - Owner. "Owner" shall have the definition given in Title 4 of the California Code of Regulations Section 15003. (Ords. 30210, 30726, 31099.)

San José Municipal Code § 6.88.262 Personal use cultivation.

6.88.262 - Personal use cultivation. "Personal Use Cultivation" includes cultivation by any of the following: A. An individual Qualified Patient or Primary Caregiver of Qualified Patients who cultivates Medical Cannabis at the residence of the Qualified Patient or Primary Caregiver, in strict accordance with California Health and Safety Code Sections 11362.5 et seq.; B. An association of less than four (4) individuals who are Qualified Patients and Primary Caregivers of Qualified Patients and who associate at the residence of one (1) of the Qualified Patients or Primary Caregivers to collectively or cooperatively cultivate Medical Cannabis, in strict accordance with California Health and Safety Code Sections 11362.5 et seq.; or C. An individual age twenty-one (21) or older who cultivates not more than six (6) Non-medical Cannabis plants at his or her private residence in strict accordance with all local and state laws and regulations. (Ord. 30210.)

San José Municipal Code § 6.88.265 Physician's recommendation.

6.88.265 - Physician's recommendation. "Physician's Recommendation" shall have the definition given in California Business and Professions Code Section 26001(as). (Ords. 30210, 31099.)

San José Municipal Code § 6.88.270 Premises.

6.88.270 - Premises. "Premises" shall have the definition given in Title 4 of the California Code of Regulations Section 15000(ccc). (Ords. 30210, 31099.)

San José Municipal Code § 6.88.275 Primary caregiver.

6.88.275 - Primary caregiver. "Primary Caregiver" shall have the definition given in California Health and Safety Code Section 11362.7. (Ord. 30210.)

San José Municipal Code § 6.88.280 Private medical record.

6.88.280 - Private medical record. "Private Medical Record" means documentation of the medical history of a Qualified Patient, and shall not include the recommendation of an Attending Physician or doctor for the medical use of cannabis, an Identification Card, or the designation of a Primary Caregiver by a Qualified Patient. (Ords. 30210, 31099.)

San José Municipal Code § 6.88.282 Process.

6.88.282 - Process. "Process" shall have the definition given in Title 4 of the California Code of Regulations Section 15000(eee). (Ords. 30210, 31099.)

San José Municipal Code § 6.88.285 Qualified patient.

6.88.285 - Qualified patient. "Qualified Patient" means an individual who is entitled to the protections of California Health and Safety Code Section 11362.5. (Ord. 30210.)

San José Municipal Code § 6.88.287 Retail storefront.

6.88.287 - Retail storefront. "Retail Storefront" means the property, Location, or Premises where transfers of cannabis to customers occur. (Ords. 30726, 31273.)

San José Municipal Code § 6.88.290 Security personnel.

6.88.290 - Security personnel. "Security Personnel" means any Person who performs security related tasks on behalf of the Cannabis Business. (Ord. 30210.)

San José Municipal Code § 6.88.294 Testing laboratory.

6.88.294 - Testing laboratory. "Testing Laboratory" shall have the definition given in California Business and Professions Code Section 26001. (Ord. 30210.)

San José Municipal Code § 6.88.295 Transport.

6.88.295 - Transport. "Transport" shall have the definition given in California Code of Regulations Section 15000(uuu). "Transport" means all activity involved in the movement of cannabis from one (1) location to another, including, but not limited to, loading, shipping and receiving. Transport does not include delivery to a Qualified Patient, Primary Caregiver or individual person age twenty-one (21) or older. (Ords. 30210, 31099.)

San José Municipal Code § 6.88.297 Type 6 manufacturing.

6.88.297 - Type 6 manufacturing. "Type 6 Manufacturing" shall have the definition given in Title 4 of the California Code of Regulations, Section 17006. (Ords. 30210, 31099.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6.88MENDICA_PT2DEFetched: 11/1/2026

Starting a business in California? California LLC guide: costs and requirements