Agenda #: 7.1
Meeting Date: February 6, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.26 OF THE DIAMOND BAR CITY CODE
IN ITS ENTIRETY TO PROHIBIT AND REGULATE
MARIJUANA/CANNABIS BUSINESSES AND CULTIVATION IN
COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
A. Find that the adoption of the ordinance is exempt from CEQA; and B. Approve for first reading by title only, waive full reading of Ordinance No. 01 (2024); and schedule the second reading and adoption at the next regularly scheduled City Council meeting on February 20, 2024.
FINANCIAL IMPACT:
None.
BACKGROUND:
Diamond Bar City Code Chapter 8.26 prohibits marijuana dispensaries (both medical and recreational) Citywide. Specifically, Section 8.26.050 states that a “marijuana dispensary shall be a prohibited use in any zoning district of the city, even if located within an otherwise permitted use, and neither the city council nor city staff shall approve any use, interpretation, permit, license, certificate of occupancy, zoning code or general plan amendment allowing the operation and/or establishment of a marijuana dispensary.”
On September 18, 2022, the Governor signed into law SB 1186 (Wiener), known as the Medicinal Cannabis Patients’ Right of Access Act (Attachment 3), which went into effect on January 1, 2024. The Act prohibits local jurisdictions from adopting or enforcing any
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regulation that directly or indirectly prohibits the retail sale of medicinal cannabis by delivery to patients or caregivers within the City, but allows local jurisdictions to adopt and enforce reasonable regulations, including where delivery businesses may be located. The proposed ordinance (Attachment 1) prohibits the establishment of marijuana delivery businesses Citywide based on the finding that there are already such businesses outside of the City that can readily serve clientele that reside in Diamond Bar.
ANALYSIS:
With the enactment of SB 1186, any non-storefront commercial retailer (of medicinal cannabis from which delivery can be conducted) may apply for a business license in any zoning district at a physical location within the City, unless the City can make a finding that there are sufficient businesses in surrounding areas from which patients or their primary caregivers can order their medicine. Upon researching surrounding areas, it was found that there are presently more than 12 licensed medicinal marijuana retailers located within a 17-mile radius of the City from which retail sale of medicinal marijuana by delivery is available. Therefore, prohibiting physical premises of these establishments within the City would not affect timely access for patients who reside here.
The City Council is being presented with an ordinance that would expand the current prohibition of marijuana businesses, including physical locations of non-storefront commercial retailers from which delivery of medicinal cannabis can be conducted. As required by state law, the ordinance will allow the retail sale by delivery of medicinal marijuana to qualified patients or primary caregivers by medicinal marijuana businesses from fixed locations outside the City subject to compliance with state law regulations.
It is recommended that the Council approve the ordinance for first reading. Because permanent ordinances do not become effective until 30 days after a second reading, a parallel, 45-day urgency ordinance has been placed on this agenda which would go into effect immediately to ensure the protection of public health, safety and welfare during the required waiting period for the regular ordinance.
ENVIRONMENTAL REVIEW:
The City has determined that the proposed code amendment is not subject to the California Environmental Quality Act (“CEQA”) in that it will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that there are no marijuana dispensaries currently existing or permitted under the City's current municipal code and it maintains the existing environment in the City. This Ordinance is not a project under CEQA pursuant to Public Resources Code Section 21065 which provides that CEQA only applies to an activity which has the potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
Further, the Ordinance is exempt from CEQA under the following provisions of Title 14 of the California Code of Regulations: Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3), as the Ordinance is covered by the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment and
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it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment and Section 15304, as the Ordinance is a minor alteration in land use limitations.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Ordinance as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 7.1.a Ordinance No. 01 (2024)
2. 7.1.b DBCC Section 8.26 – Marijuana Businesses (current regulations)
3. 7.1.c Senate Bill 1186
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ORDINANCE NO. 01 (2024)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR AMENDING CHAPTER 8.26 OF THE DIAMOND BAR
CITY CODE IN ITS ENTIRETY TO PROHIBIT AND REGULATE
MARIJUANA/CANNABIS BUSINESSES AND CULTIVATION IN
COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186.
WHEREAS, in 1996 California voters approved Proposition 215, commonly referred to as the Compassionate Use Act ("CUA"), which enabled seriously ill patients to legally possess, use and cultivate marijuana for medicinal purposes under state law; and
WHEREAS, in 2004, SB 420, the Medical Marijuana Program Act, was enacted by the state legislature to clarify the scope of the CUA and to allow local jurisdictions to adopt and enforce rules and regulations consistent with the CUA; and WHEREAS, in 2015, AB 266, AB 243, and SB 643, the Medical Marijuana Regulation and Safety Act (“MMRSA”), was adopted by the state legislature to establish regulations for commercial medical marijuana activity in the state; and WHEREAS, in 2016, SB 837, the Medical Cannabis Regulation and Safety Act was adopted by the state legislature and changed “marijuana” references in the MMRSA to “cannabis” among other things; and
WHEREAS, in 2016, Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") decriminalized, under state law, specified nonmedicinal cultivation and use of marijuana; and
WHEREAS, under the AUMA the City is permitted to prohibit and regulate specified aspects of nonmedicinal cultivation and use of marijuana; and WHEREAS, Chapter 8.26 of the Diamond Bar Municipal Code prohibits, among other things, the establishment of marijuana dispensaries anywhere in the City; and WHEREAS, SB 1186 (Chapter 395, Statutes of 2022), known as the Medicinal Cannabis Patients’ Right of Access Act (“Act”), prohibits local jurisdictions, beginning January 1, 2024, from adopting or enforcing any regulation that prohibits, or has the effect of prohibiting, the retail sale by delivery within the jurisdiction of medicinal marijuana to medicinal marijuana patients or their primary caregivers by licensed medicinal marijuana businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal marijuana patients within the local jurisdiction ; and
WHEREAS, the Act permits local jurisdictions to adopt and enforce reasonable regulations on retail sale by delivery of medicinal marijuana; and
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2 WHEREAS, the Act does not limit or otherwise affect the ability of a local jurisdiction to adopt and enforce any regulations on commercial marijuana operations other than retail sale by delivery of medicinal marijuana in the local jurisdiction; and WHEREAS, the City Council finds that there are presently more than 12 licensed medicinal marijuana retailers located within a 17 mile radius of the City of Diamond Bar from which retail sale by delivery of medicinal marijuana in the City is or may be available; therefore, prohibiting the establishment of physical premises within the City from which retail sale by delivery of medicinal marijuana is conducted will not have the effect of prohibiting the retail sale by delivery of medicinal marijuana to medicinal marijuana patients or their primary caregivers in a timely and readily accessible manner in types and quantities that are sufficient to meet demand from medicinal marijuana patients who reside in the City.
NOW THEREFORE, the City Council of the City of Diamond Bar hereby ordains as follows:
Section 1. The City Council finds that the above recitals are true and correct.
Section 2. Chapter 8.26 of the Diamond Bar City Code is hereby amended in its entirety to read as follows:
CHAPTER 8.26. – MARIJUANA BUSINESSES
Sec. 8.26.010. - Purpose, Findings and Definitions.
(a) Purpose and Findings. The City Council finds that in order to serve the public health, safety, and welfare of the residents and businesses within the City of Diamond Bar, the declared purpose of this chapter is to prohibit marijuana cultivation and marijuana dispensaries including delivery services from locating and operating in the City as stated in this chapter in compliance with state law. (b) Definitions. As used in this chapter, the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context:
City means the City of Diamond Bar.
Identification card is a document issued by the State Department of Public Health and/or the County of Los Angeles Department of Public Health which identifies a person authorized to engage in the medicinal use of marijuana and the person's designated primary caregiver, if any.
Marijuana or cannabis means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
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3 seeds, or resin. Marijuana also means the separated resin, whether crude or purified, obtained from marijuana. Marijuana also means cannabis as defined by Section 11018 of the California Health and Safety Code. Marijuana includes, but is not limited to, medicinal cannabis as defined in California Business and Professions Code Section 26001(al). Marijuana does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this definition, marijuana does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
Marijuana cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
Marijuana cultivation site means any indoor or outdoor facility or location where marijuana is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities.
Marijuana delivery means the transfer of marijuana or marijuana products from a dispensary to any person or entity at a location in the City. Marijuana delivery also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed, that enables individuals to arrange for or facilitate the transfer by a dispensary of marijuana or marijuana products.
Marijuana delivery includes, but is not limited to, delivery as defined in California Business and Professions Code Section 26001(r).
Marijuana dispensary or dispensary means any association, business, facility, use, establishment, location, marijuana delivery, cooperative, collective, or provider, whether fixed or mobile, that possesses, processes, manufactures, distributes, makes available, or otherwise facilitates the distribution of marijuana or marijuana products to any person, including, but not limited to, a qualified patient, a person with an identification card, or a primary caregiver. The term marijuana dispensary includes, but is not limited to, a business, facility, use or location that engages in commercial cannabis activity as defined in California Business and Professions Code Section 26001(m). The term marijuana dispensary shall not include the following facilities, locations or uses to the extent marijuana is dispensed by primary caregivers to qualified patients for medicinal use, as long as such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Section 11362.5: a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; or a residential hospice or home health
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4 agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.
Marijuana product means a product containing marijuana, including, but not limited to, concentrates and extractions and includes, but is not limited to, any medicinal cannabis product as defined in California Business and Professions Code Section 26001(al) or cannabis product as defined in California Business and Professions Code Section 26001(k), and/or any edible cannabis product as defined in California Business and Professions Code Section 26001(x).
Medicinal marijuana means the same as defined in Section 26321(b)(1) of the California Business and Professions Code and is marijuana or a marijuana product intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, or in compliance with any compassionate use, equity, or other similar program administered by the State Department of Public Health or the County of Los Angeles Department of Public Health.
Medicinal marijuana business means the same as defined in Section 26321(b)(2) of the California Business and Professions Code and is a retailer authorized to engage in the retail sale by delivery of medicinal marijuana to medicinal marijuana patients pursuant to an M-license.
Medicinal marijuana patient means the same as defined in Section 26321(b)(3) of the California Business and Professions Code and is a qualified patient who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the California Business and Professions Code, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card.
Primary caregiver means the same as defined in California Health and Safety Code Section 11362.7 and is the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.
Qualified patient means the same as defined in California Health and Safety Code Section 11632.7 and is a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card issued by the State Department of Public Health or County of Los Angeles Department of Public Health.
Sec. 8.26.020. - Marijuana Dispensaries and Delivery Prohibited. (a) Marijuana Dispensaries and Delivery Prohibited. Except as exempted in subsection (c) below, marijuana dispensaries and marijuana delivery are prohibited in all zoning districts and specific plan areas in the City, even if located
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5 within an otherwise permitted use. It shall be unlawful for any person or entity to own, manage, conduct, or operate any marijuana dispensary or marijuana delivery service or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any marijuana dispensary or marijuana delivery service in the City.
(b) Establishment or Maintenance of Marijuana Dispensaries Declared a Public Nuisance. Except as exempted in subsection (c) below, the establishment, maintenance, or operation of a marijuana dispensary or marijuana delivery service as defined in this chapter within the City limits is declared to be a public nuisance and enforcement action may be taken and penalties assessed pursuant to Title 1, Chapter 1.04 of the Diamond Bar City Code, and/or any other law or ordinance that allows for the abatement of public nuisances.
(c) Exemptions.
(1) Personal Cultivation. Pursuant and subject to Proposition 64 adopted by the State voters in November 2016, this section shall not prohibit: (i) the possession, planting, cultivation, harvesting, drying, or processing of up to six marijuana plants by persons 21 years of age or older inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure; or (ii) the possession of, or giving away of, the marijuana produced by such plants to persons 21 years of age or older.
(2) Medicinal Marijuana Delivery.
(A) Pursuant and subject to SB 1186 (Chapter 395, Statutes of 2022), known as the Medicinal Cannabis Patients' Right of Access Act, subject to the provisions of this subsection (c)(2), this section shall not prohibit the retail sale by delivery within the City of medicinal marijuana to persons with identification cards, qualified patients, or their primary caregivers by a medicinal marijuana business from a fixed location outside of the City.
(B) Medicinal marijuana businesses engaging in the retail sale by delivery of medicinal marijuana within the City shall be subject to the following requirements:
i. Each medicinal marijuana business engaging in the retail sale by delivery of medicinal marijuana in the City shall obtain and maintain a City business license pursuant to Title 5 (Business Licensing) of the Diamond Bar City Code.
ii. Each medicinal marijuana business shall maintain an active M-license issued by the State of California and all applicable permits and/or licenses required by the local jurisdiction in
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6 which the business is located. The business shall submit a copy of all its State and local licenses and permits required for its operation to the Director of Community Development or his/her designee prior to issuance or renewal of a business license. The business shall notify the Director of Community Development or his/her designee if any applicable State or local license or permit required for its operation expires or is denied, suspended, modified, or revoked.
iii. Each medicinal marijuana business and employee of a medicinal marijuana business engaged in the retail sale by delivery of medicinal marijuana in the City shall at all times comply with all applicable regulations promulgated by the California Department of Cannabis Control, including, but not limited to, the regulations pertaining to the delivery of marijuana set forth in California Code of Regulations, Title 4, Sections 15415 through 15421.
iv. In accordance with subsection (a) above, the retail sale by delivery of adult-use marijuana is prohibited throughout the City. Only the retail sale by delivery of medicinal marijuana or medicinal marijuana products as required by state law is permitted in the City. A medicinal marijuana business or employee of a medicinal marijuana business shall not sell or offer for sale any marijuana accessories or branded
merchandise of any kind concurrently or in conjunction with the retail sale of medicinal marijuana or medicinal marijuana products in the City.
v. All deliveries of medicinal marijuana shall be performed by a delivery employee who is directly employed by the medicinal marijuana business. Each medicinal marijuana business shall maintain an accurate list of its delivery employees and shall provide the list to the City upon request. Each delivery employee engaging in the retail sale by delivery of medicinal marijuana in the City shall carry during deliveries and immediately provide upon request by the City or any law enforcement officer the following: a copy of the current business license issued to the medicinal marijuana business; a copy of the current license or licenses issued to the medicinal marijuana business by the State Department of Cannabis Control which authorize it to engage in the retail sale of medicinal marijuana; a copy of the QR Code certificate issued by the State Department of Cannabis Control; the employee's government-issued identification; an identification badge provided by the employer; delivery inventory ledgers from the time the employee left the employer's premises; all
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7 delivery receipts for marijuana goods carried by the delivery employee, in the delivery vehicle, or any deliveries that have already been made to customers; and a log of all stops from the time the employee left the employer's premises. A delivery employee shall not carry marijuana goods valued in excess of $5,000 at any time while engaged in the retail sale by delivery of medicinal marijuana in the City.
vi. All deliveries of medicinal marijuana must be made to a physical address that is not located on publicly owned land, on land or in a building leased by a public agency, a school providing instruction in kindergarten or any grades one through twelve, a day care center, or a youth center. A licensed retailer shall only sell medicinal marijuana goods to individuals who are at least 18 years of age and possesses a valid physician's recommendation after confirming the
customer's age, identity, and physician's recommendation. vii. Each medicinal marijuana business shall maintain an accurate list of all vehicles used by its employees to deliver medicinal marijuana in the City, including each vehicles' make, model, year, color, license plate number, vehicle identification number (VIN), and Department of Motor Vehicles registration information, along with proof of current automobile liability insurance for each such vehicle as required by state law, and shall provide such list and proof of automobile insurance to the City upon request, in the event of any changes, and prior to issuance or renewal of a business license. Retail sale by delivery of medicinal marijuana in the City may only be conducted using a properly insured vehicle that is identified on the most current list provided to the City and that is outfitted with a dedicated global positioning system (GPS) device for identifying the geographic location of the delivery vehicle and recording a history of all locations traveled to by the delivery employee while engaged in delivery, as provided by state law.
In accordance with state law, a delivery vehicle shall not have any marking or other indications on the exterior of the vehicle that may indicate that the delivery employee is carrying marijuana goods for delivery.
(C) This subsection (c)(2) only authorizes the retail sale by delivery of medicinal marijuana by a licensed medicinal cannabis business from a fixed premises located outside of the City. Nothing in this section shall be construed to permit the establishment of a marijuana dispensary or other physical premises from which retail sale by delivery of medicinal marijuana within the City is conducted.
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8 (D) Nothing in this subsection (c)(2) is intended to or shall be interpreted to prohibit medicinal marijuana patients or their caregivers from purchasing by delivery sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner.
Sec. 8.26.030. - Cultivation of Marijuana - Prohibited
(a) Marijuana Cultivation Prohibited. Except as exempted in subsection (c) below, marijuana cultivation and/or the establishment, maintenance or operation of any marijuana cultivation site is prohibited in all zoning districts and specific plan areas in the City.
(b) Establishment or Maintenance of Marijuana Cultivation Site Declared a Public Nuisance. Except as exempted in subsection (c) below, the establishment, maintenance, or operation of a marijuana cultivation site within the City limits is declared to be a public nuisance and enforcement action may be taken and penalties assessed pursuant to Title 1, Chapter 1.04 of the Diamond Bar City Code, and/or any other law or ordinance that allows for the abatement of public nuisances. (c) Personal Cultivation Exemption. Pursuant and subject to Proposition 64 adopted by the State voters in November 2016, this section shall not prohibit the possession, planting, cultivation, harvesting, drying, or processing of up to six marijuana plants by persons 21 years of age or older inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.
Sec. 8.26.040. - Additional prohibitions.
No person shall possess, ingest or smoke marijuana in any building, or any property owned, leased or occupied by the city.
Section 3. The adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act ("CEQA") in that it will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that there are no marijuana dispensaries currently existing or permitted under the City's current municipal code and it maintains the existing environment in the City. This Ordinance is not a project under CEQA pursuant to Public Resources Code Section 21065 which provides that CEQA only applies to an activity which has the potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Further, the Ordinance is exempt from CEQA under the following provisions of Title 14 of the California Code of Regulations:
Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3), as the Ordinance is covered by the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment and Section 15304, as the Ordinance is a minor alteration in land use limitations.
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9 Section 4. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
Section 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause a certified copy of this Ordinance to be posted within fifteen (15) days after this Ordinance is passed and adopted, in the Office of the City Clerk and two additional public places, together with the vote for and against the same.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Diamond Bar on this ___ day of ________, 2024.
CITY OF DIAMOND BAR
__________________________
Stan Liu, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the __ day of ________, 2024, and was duly passed and adopted at a regular meeting of the City Council held on the _____ day of _________, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
____________________________
Kristina Santana, City Clerk
7.1.a
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- CITY CODE
Title 8 - HEALTH AND SAFETY
CHAPTER 8.26. MARIJUANA BUSINESSES
Diamond Bar, California, Code of Ordinances Created: 2023-11-29 09:40:57 [EST] (Supp. No. 37)
CHAPTER 8.26. MARIJUANA BUSINESSES1
Sec. 8.26.010. Medical marijuana businesses—Prohibited.
A medical marijuana dispensary shall be considered a prohibited use in any zoning district of the city, even if located within an otherwise permitted use, and neither the city council nor city staff shall approve any use, interpretation, permit, license, certificate of occupancy, zoning code or general plan amendment allowing the operation and/or establishment of a medical marijuana dispensary. ( Ord. No. 04(2014), § 1, 3-18-14 )
Sec. 8.26.020. Definitions.
For purposes of this Chapter the following definitions shall apply:
Medical marijuana dispensary means any association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, cultivates, distributes, makes available or otherwise facilitates the distribution of marijuana to or for more than three persons or to or for any person who is not a qualified patient or primary caregiver.
The term "marijuana transport business" when used in this chapter shall be any person or entity that transports or offers to transport marijuana in any vehicle or by any other means. A person who is transporting marijuana to a qualified patient for whom he or she is the primary caregiver shall not be a "marijuana transport business".
Primary caregiver is an individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health or safety of that patient or person as is further defined in California Health and Safety Code section 11362.7.
Qualified patient is a person who is entitled to the protections of the California Health and Safety Code section 11362.5, inclusive of a person with an identification card as that termed is defined in California Health and Safety Code section 11362.7.
( Ord. No. 04(2014), § 1, 3-18-14 )
Sec. 8.26.030. Additional prohibitions.
No person shall own, operate, or manage a medical marijuana dispensary or marijuana transport business.
No person shall lease or offer to lease any facility or any location as a medical marijuana dispensary or for a marijuana transport business. No person shall employ any persons or be employed at a medical marijuana dispensary or in a marijuana transport business.
( Ord. No. 04(2014), § 1, 3-18-14 )
1Ord. No. 09(2016) , § I, adopted November 1, 2016, amended chapter 8.26 title to read as herein set out.
Formerly, such title pertained to medical marijuana businesses.
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Created: 2023-11-29 09:40:57 [EST]
(Supp. No. 37)
Sec. 8.26.040. Penalties.
(a) Public nuisance. Any violation of this chapter shall constitute a public nuisance and may be abated in accordance with section 1.04.010(e) of the Diamond Bar Municipal Code. (b) Any person who violates this chapter shall be guilty of a misdemeanor and be punished as provided for in section 1.04.010(a) of the Diamond Bar Municipal Code." ( Ord. No. 04(2014), § 1, 3-18-14 )
Sec. 8.26.050. Marijuana businesses—Prohibited.
(a) A marijuana dispensary shall be a prohibited use in any zoning district of the city, even if located within an otherwise permitted use, and neither the city council nor city staff shall approve any use, interpretation, permit, license, certificate of occupancy, zoning code or general plan amendment allowing the operation and/or establishment of a marijuana dispensary.
(b) No person shall plant, cultivate, harvest, dry or otherwise process, in any manner, marijuana or marijuana products outdoors.
( Ord. No. 09(2016) , § I, 11-1-16)
Sec. 8.26.060. Definitions.
For purposes of section 8.26.050, the following definitions shall apply:
(a) "Marijuana dispensary" means any association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, transports, cultivates, distributes, makes available or otherwise facilitates the distribution of marijuana, marijuana products or marijuana accessories.
(b) "Marijuana", "marijuana products" and "marijuana accessories", respectively, shall have the same meaning as provided in the text of Proposition 64 as proposed for Health and Safety Code §§ 11018, 11018.1 and 11018.2.
(c) "Smoke" shall have the same meaning as provided in the text of Proposition 64 as proposed for Health and Safety Code § 11362.3(c).
( Ord. No. 09(2016) , § I, 11-1-16)
Sec. 8.26.070. Additional prohibitions.
No person shall possess, ingest or smoke marijuana in any building or any property owned, leased or occupied by the city.
( Ord. No. 09(2016) , § I, 11-1-16)
7.1.b
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7/26/23, 5:48 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 1/6 Senate Bill No. 1186
CHAPTER 395
An act to amend Section 26200 of, and to add Chapter 26 (commencing with Section 26320) to Division 10 of, the Business and Professions Code, relating to cannabis. [ Approved by Governor September 18, 2022. Filed with Secretary of State September 18, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 1186, Wiener. Medicinal Cannabis Patients’ Right of Access Act.
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient. Existing law, known as the Medical Marijuana Program, establishes a voluntary registration program for qualified medicinal cannabis patients and their primary caregivers through a statewide identification card system maintained by the State Department of Public Health and sets forth guidelines for the possession of medicinal cannabis.
The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. AUMA reserved to a local jurisdiction specified powers regarding commercial adult-use cannabis activity, including adopting and enforcing local ordinances regulating commercial adult-use cannabis activity. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis.
This bill would enact the Medicinal Cannabis Patients’ Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law.
This bill would incorporate additional changes to Section 26200 of the Business and Professions Code proposed by AB 2210 to be operative only if this bill and AB 2210 are enacted and this bill is enacted last.
To the extent this bill would impose additional duties on local jurisdictions, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 26200 of the Business and Professions Code is amended to read:
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7/26/23, 5:48 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 2/6 26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county. (e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses.
(D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department.
(2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3).
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7/26/23, 5:48 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 3/6 (5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code.
SEC. 1.5. Section 26200 of the Business and Professions Code is amended to read:
26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county. (e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8). (D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final
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7/26/23, 5:48 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 4/6 updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department.
(2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3). (5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (6) (A) All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to the licensee’s retail premises. (B) All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport.
(C) All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to Chapter 12 (commencing with Section 26120). (7) The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness.
(8) The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event. Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act.
(A) All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (B) Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code.
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7/26/23, 5:48 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 5/6 (i) This section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division.
SEC. 2. Chapter 26 (commencing with Section 26320) is added to Division 10 of the Business and Professions Code, to read:
CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act 26320. The Legislature finds and declares as follows:
(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products. (b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis. 26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients’ Right of Access Act. (b) For purposes of this chapter:
(1) “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2) “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license. (3) “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. (4) “Regulation” means a local ordinance, regulation, policy, or practice. 26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2) The operating hours of medicinal cannabis businesses. (3) The number or frequency of sales by delivery of medicinal cannabis. (4) The types or quantities of medicinal cannabis authorized to be sold by delivery. (5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established. (b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2) Security or public health and safety requirements.
(3) Licensing requirements.
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7/26/23, 5:48 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 6/6 (4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d) This section shall become operative on January 1, 2024. 26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction. (2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction. (3) The Attorney General.
(4) Any other party otherwise authorized by law.
(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (c) This section shall become operative on January 1, 2024. 26324. Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200. 26325. This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.
SEC. 3. Section 1.5 of this bill incorporates amendments to Section 26200 of the Business and Professions Code proposed by both this bill and Assembly Bill 2210. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 26200 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2210, in which case Section 1 of this bill shall not become operative.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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