HomeMy WebLinkAbout101023-03.1
STUDY STUDY SESSION MEMORANDUM 3.1
TO: Mayor and Town Council October 10, 2023
SUBJECT: Implementation of SB 1186, Home Delivery of Medical Cannabis
BACKGROUND
Since the State of California began the legalization of marijuana, first with medical
marijuana and later, through Proposition 64, full legalization for adult s, the Town has
prohibited all commercial cannabis uses in Town to the extent permitted by state law.
This includes a prohibition on any residential delivery of cannabis (Danville Municipal
Code Section 32-94.5).
In 2022, the state enacted SB 1186, the Medicinal Cannabis Patients’ Right of Access Act.
The law, which becomes effective on January 1, 2024, provides that local jurisdictions
may not enforce or adopt regulations prohibiting the retail delivery of medical cannabis
to either medical cannabis patients or their primary caregivers. The bill does allow local
jurisdictions to adopt reasonable regulations of such deliveries.
DISCUSSION
With the effective date of SB 1186 coming soon, the Council needs to address the
following policy questions:
1. Should the Town amend our ordinance to remove the prohibition on
residential delivery or simply stop enforcing it while leaving it on the books?
2. Should the Town remove the prohibition for all residential deliveries or
only those for medicinal cannabis as required by SB 1186? The Town retains the
authority to prohibit non-medical deliveries, but as a practical matter it is difficult, if not
impossible, to know the difference until the delivery is actually made.
3. Should the Town adopt local regulations of retail delivery or rely upon
those already adopted by the State (see copy attached). The Chief of Police has indicated
that it would be preferable to rely upon the state regulations for uniformity.
Medical Cannabis Delivery 2 October 10, 2023
RECOMMENDATION
Provide direction to Town staff on potential amendments to the Municipal Code.
Prepared by:
Robert B. Ewing
City Attorney
Attachment: BCC Regulations for Retail Delivery of Medicinal Cannabis