HomeMy WebLinkAbout112123-05.4
ADMINISTRATIVE STAFF REPORT 5.4
TO: Mayor and Town Council November 21, 2023
SUBJECT: Ordinance No. 2023-09, amending Section 32-94.5 of the Danville
Municipal Code relating to retail delivery of medical cannabis
BACKGROUND AND DISCUSSION
On November 7, 2023, the Town Council introduced Ordinance No. 2023-09, which
would amend the Town’s existing regulation of cannabis to allow for retail delivery of
medical cannabis to either medical cannabis patients or their primary caregivers. This
change is necessary to comply with SB 1186, the Medicinal Cannabis Patients’ Right of
Access Act. The ordinance is now before the Council for adoption.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
RECOMMENDATION
Adopt Ordinance No. 2023-09, amending Section 32-94.5 of the Danville Municipal Code
relating to retail delivery of medical cannabis.
Prepared by:
Robert B. Ewing
City Attorney
Attachment: Ordinance No. 2023-09
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
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