Commercial Cannabis Permit Program

Prior to applying for a Commercial Cannabis Permit or land use entitlement, commercial cannabis applicants are required to be pre-screened as part of the Preliminary Determination of Eligibility using the criteria listed in the Commercial Cannabis Businesses section of the Hayward Municipal Code. 

Unlike the previous Request For Proposals (RFP) process that was initiated in 2017, the updated Commercial Cannabis Permit process requires applicants identify the proposed business location (site selection) prior to the submittal of the Preliminary Determination of Eligibility application.  Existing Commercial Cannabis operators who were previously selected as part of the City’s RFP process may modify or expand their existing or previously approved operations, subject to the provisions of Hayward Municipal Code Section 6-14.13(i) and if applicable, complete a New Owner/Attestation form.

At this time, the City of Hayward will only be accepting the applications for the following commercial cannabis business activities:   

  • Cultivation 
  • Delivery, including non-storefront Retail
  • Distribution
  • Manufacturing (Type 1 and 2)
  • Microbusiness (Type 12)
  • Testing Laboratory 

Applications for new Storefront Retail Dispensaries are not currently being accepted; however non-storefront retail applications, as part of a Commercial Cannabis Delivery operation, or ancillary storefront retail, as part of a Commercial Cannabis Microbusiness (Type 12), will continue to be accepted until further notice.    

Applicants may apply for one or more business types (listed above) but must provide separate and complete applications for each desired permit type.  Applicants who currently hold—or are applying for — Cannabis Testing Laboratory permits may not hold any other commercial cannabis permits.  

Commercial Cannabis Permit Process

Applicants shall submit a Commercial Cannabis Pre-Application prior to submitting a formal Commercial Cannabis Permit and any associated land use entitlement application. Commercial Cannabis Businesses are subject to compliance with Chapter 6, Article 14 of the Hayward Municipal Code and Chapter 10, Article 1, Section 3600 of the Hayward Municipal Code.  In addition, all Commercial Cannabis operations are subject to all other applicable regulations from the City’s Zoning Ordinance and State laws.   

Cannabis Land Use Map

Prior to the submittal of a Preliminary Determination of Eligibility, applicants are encouraged to check the City’s GIS map, which shows the zoning districts where different cannabis activities are allowed. 

For questions or clarifications about this map, please contact the Planning Division at (510) 583-4200 or email: planning.division@hayward-ca.gov

Cannabis Land Use Maps

Commercial Cannabis Preliminary Determination of Eligibility/Screening

Prospective Commercial Cannabis Businesses shall complete a Preliminary Determination of Eligibility Application, pay the required $2,500 fee and be subject to all the screening criteria listed in Chapter 6, Article 14 of the Hayward Municipal Code.   The completed application form with all supporting information can be submitted to the City’s Planning Division for review and processing at planning.division@hayward-ca.gov.  

Applications received as part of the Preliminary Determination of Eligibility will be processed in March 2022, following the February 28, 2022, submittal deadline

Any questions or inquiries about this process should be forwarded in writing to Jeremy Lochirco, Acting Planning Manager, at Jeremy.Lochirco@hayward-ca.gov.   

Commercial Cannabis Business Permit Application

If your Commercial Cannabis Preliminary Determination of Eligibility is approved, prospective Commercial Cannabis Businesses will be invited to submit a formal Commercial Cannabis Permit and any associated land use entitlement applications. Commercial Cannabis Business Permit Applications are required to submit all the required information per Section 6-14.13 of the Hayward Municipal Code.   Applicants shall complete the application form below and submit the required documentation to the Planning Division at planning.division@hayward-ca.gov . Please review the application for submittal requirements and more information.

APPLICATION TO BE POSTED MARCH 1,2022 AFTER THE CONCULSION OF THE PRELIMINARY DETERMINATION OF ELGIBILITY REVIEW PERIOD.

Commercial Cannabis Land-Use Permit

The land use permitting process will be concurrent with the business license process and will be overseen by the Hayward Planning Division. Projects are reviewed for compliance with commercial cannabis land uses, building and fire codes (including hazardous materials), general plan, landscape requirements, and the Hayward Municipal Code (Chapter 10, Article 1) (Zoning Ordinance) and Article 2 (Off-Street Parking Requirements).  For more detailed land use requirements for all commercial cannabis activities, please review HMC Section 10-1.3600 for additional information.  

If your Commercial Cannabis Preliminary Determination of Eligibility is approved, prospective Commercial Cannabis Businesses shall submit a formal Commercial Cannabis Permit and any associated land use entitlements. Applicants shall complete the application form below and submit the required documentation to the Planning Division at planning.division@hayward-ca.gov . Please review the application for submittal requirements and more information. 

APPLICATION TO BE POSTED MARCH 1,2022 AFTER THE CONCULSION OF THE PRELIMINARY DETERMINATION OF ELGIBILITY REVIEW PERIOD.

Commercial Cannabis Permit Renewal

A commercial cannabis permit must be renewed annually. Permittees may apply for renewal in writing no later than sixty (60) days before the expiration of the current permit. The application for renewal shall include: 

  • A statement updating information from the original permit application or certifying that the information contained in the original permit application is unchanged.
  • Verification that the permittee has renewed or is in the process of renewing a previously issued state cannabis license and is otherwise in compliance with the requirements of state law.
  • Authorization for updated criminal background checks.
  • Payment of the required renewal fee, as established per the City’s Master Fee Schedule https://www.hayward-ca.gov/your-government/documents/master-fee-schedule

Applicants must also maintain all required business and operating records noted in per HMC Section 6-14.15, Records and Inspections, and be subject to annual audits to verify compliance with all cannabis permit and land use conditions. In addition, permittees shall allow inspection of any permitted facility by Code Enforcement, the Building Official, Fire Marshal or their designees, Police Department, Planning Division, and other City officials to verify compliance with applicable building and safety regulations. Any violations noted shall be corrected within a reasonable time as determined by City staff.  Failure to correct violations or pay applicable fees, charges, taxes or deposits may result in denial of a permit renewal request.  Commercial Cannabis Business Permits are valid for a period of one year from the date of issuance and shall be renewed annually. 

For questions about the Commercial Cannabis Renewal process or to request a renewal of your Commercial Cannabis Permit, please contact the City’s Code Enforcement Division at (510) 583-4143. 

Transfers of Ownership: 

Transfers of ownership interests that result in new majority ownership are not permitted and operators will be required to re-apply for a new Commercial Cannabis Permit, consistent with the provisions outlined in Chapter 6, Article 14 of the Hayward Municipal Code.   

A permittee shall notify the City if it intends to transfer partial ownership or operational control of a commercial cannabis business and shall complete and submit a New Owner Attestation Form prior to any partial ownership transfer and pay the additional fee associated with the background/LiveScan check. The transferee shall be responsible for complying with all applicable local and state licensing requirements. Any conditions imposed upon the transferor by the original conditional use permit shall be binding upon any subsequent transferees.  

Any transfer of ownership or operational control of a commercial cannabis business which results in a lapse of normal operations for a period of six (6) months or more shall be required to obtain a new Use Permit, consistent with Sections 10-1.3170 or 10-1.3270 of the Hayward Municipal Code, as applicable. Any changes to the approved business name, changes to the product marketing, and/or rebranding of the commercial cannabis business are also subject to review and approval by the City prior to any changes. 

Required Permit Fees/Deposit:

Application fees and deposit information for all Commercial Cannabis Businesses, including annual Permit renewals can be found at: https://www.hayward-ca.gov/your-government/documents/master-fee-schedule

For More Information

For general questions, please contact the Planning Division at planning.division@hayward-ca.gov or (510) 583-4216. For questions regarding background checks or security plans, please contact Gabrielle Wright with the Hayward Police Department at gabrielle.wright@hayward-ca.gov or (510) 293-7013.