HomeMy WebLinkAbout110723-09.1
ADMINISTRATIVE STAFF REPORT 9.1
TO: Mayor and Town Council November 7, 2023
SUBJECT: Ordinance No. 2023-09, amending Section 32-94.5 of the Danville
Municipal Code relating to retail 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 adults, the Town has
prohibited all commercial cannabis uses in Town to the extent permitted by state l aw.
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 medica l cannabis
to either medical cannabis patients or their primary caregivers.
DISCUSSION
This issue was discussed by the Town Council at their October 10, 2022 study session .
Town staff was directed to draft an ordinance which complies with the new state law but
makes clear that non-medicinal deliveries are still prohibited. The draft ordinance does
that by specifically incorporating the language of Business and Professions Code Section
26322 and referencing the regulatory requirements for such deliveries imposed by the
state Bureau of Cannabis Control. (Attachment B) The ordinance makes clear that all
other deliveries are still prohibited within the Town.
PUBLIC CONTACT
Notice of this hearing was published in a newspaper of general circulation. The proposed
ordinance was discussed by the Town Council at their October 10, 2023 study session.
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
Delivery of Medical Cannabis 2 November 7, 2023
RECOMMENDATION
Introduce and read by title only Ordinance No. 2023-09, amending Section 32-94.5 of the
Danville Municipal Code relating to retail delivery of medical cannabis and return for
second reading on November 21, 2023.
Prepared by:
Robert B. Ewing
City Attorney
Attachments: A-Ordinance No. 2023-09
B-BCC Fact Sheet
ORDINANCE NO. 2023-09
AMENDING SECTION 32-94.5 OF THE DANVILLE MUNICIPAL CODE
RELATING TO RETAIL DELIVERY OF MEDICAL CANNABIS
The Danville Town Council does ordain as follows:
SECTION 1. AMENDING SECTION 32-94.5 OF THE DANVILLE MUNICIPAL
CODE.
Section 32-94.5 of the Danville Municipal Code is hereby amended to read as follows:
32-94.5 Delivery of Marijuana.
As required by Business and Professions Code Section 26322, the retail sale by delivery
of medicinal cannabis to medicinal cannabis patients or t heir primary caregivers by a
licensed medicinal cannabis business shall be permitted, provided such sales and
deliveries are consistent with applicable regulations adopted by the California Bureau
of Cannabis Control.
All other deliveries of marijuana are prohibited and no conditional or land use permit,
variance, license or other entitlement shall be issued for the establishment of such use or
activity.
SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 3. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have
this ordinance published once in a newspaper of general circulation within 15 (fifteen)
days after adoption. This ordinance shall become effective 30 days after adoption.
DocuSign Envelope ID: 8391C9CA-AF77-4360-BB23-3C505A53961D
ATTACHMENT A
PAGE 2 OF ORDINANCE NO. 2023-09
The foregoing Ordinance was introduced on November 7, 2023, and approved and
adopted by the Danville Town Council at a regular meeting held on November 21, 2023,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________
CITY ATTORNEY CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2023-09 of said Town and that said
ordinance was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
DocuSign Envelope ID: 8391C9CA-AF77-4360-BB23-3C505A53961D
ATTACHMENT B