Agenda Item No. 15
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Raymond A. Casey, City Manager
Shane Massoud, Public Information Officer/Grant Coordinatop FOR: City Council Meeting of September 12, 2022 rf
SUBJECT: Senate Bill 1186 (Wiener) — Medicinal Cannabis Patients' Right of Access Act.
RECOMMENDATION.
That City Council review and approve a letter of opposition for Senate Bill H 86 (Wiener), 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.
BACKGROUND:
The ability of local jurisdictions to regulate cannabis retailers was central to the passage of both the original Medical Cannabis Regulation and Safety Act and Proposition 64. It is also integral to the combined Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA).
The Legislature worked closely with stakeholders to create a regulatory framework for medical cannabis more than a year before Proposition 64 was enacted. That legislatively enacted framework serves as the foundation for the regulatory structure provided in the adult -use scheme.
In the construction of both frameworks, the crafters recognized the critical need for local control, primarily as part of cities' and counties' regulatory authority. Unfortunately, the Legislature has taken steps which will severely undermine the cities' and counties' ability to regulate cannabis retailers.
DISCUSSION:
Senate Bill 1186, the Medicinal Cannabis Patients' Right of Access Act, authored by Senator Scott Wiener (D-San Fransico) 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 -247-
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.
SB 1186, for examples, prohibits a local jurisdiction from adopting or enforcing any regulations that effect the number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction or the operating hours of medicinal cannabis businesses. Additionally, B 1186 would restrict a local jurisdiction ability to limit or prohibit the number or frequency of sales by delivery of medicinal cannabis as well as the types or quantities of medicinal cannabis authorized to be sold by delivery.
The bill, on and after January 1, 2024, would provide that the SB 1186 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.
More importantly, SB 1186 cuts at the heart of cities' and counties' ability to self -govern, Instead of trusting local decision makers to determine what approaches are best regarding cannabis, this bill would transfer that authority to elected officials and non -elected officials in Sacramento. As discussed, when the regulatory framework for medical cannabis was being developed it was determined that decisions, such as these, should be left to local leaders, to be implemented through the normal planning process.
While SB 1186 may be well intentioned, this is yet another attempt to restrict and limit local control. Instead, the State should recognize the value of empowering local governments to use established policy tools to tailor public health approaches to reduce public health impacts by keeping cities' regulatory authority in place.
SB 1186 was passed out of the California Legislature on August 30 and is now on the Governor's desk awaiting his signature or veto. The Governor has until September 30 to sign or veto bills.
Staff is recommending that City Council review and approve a letter of opposition for Senate Bill 1186 (Wiener) — Medicinal Cannabis Patients' Right of Access Act asking the Governor Gavin Newsom to veto this legislation.
ATTACHMENTS:
Letter of Opposition
Senate Bill 1186 Text
Senate Floor Analysis
League of California Cities Call to Action
C:➢`I'Y C)F
September 12, 2022
The Honorable Governor Gavin Newsom
Governor Gavin Newsom
10210 Street, Suite 9000
Sacramento, CA 95814
RE: Opposition to Senate Bill 1186 (Wiener)
Dear Governor Newsom:
On behalf of the City of Yucaipa, we write to not only to oppose Senate Bill 1186 (Holden) but to respectfully request that you veto this harmful legislation.
This measure would undermine the carefully negotiated framework between the Legislature and local governments. Sly 1186 would undermine the intent of the Medicinal and Adult -Use Cannabis Regulation and Safety Act by (1) eliminating a local jurisdiction's ability to prohibit medical cannabis retail activities, regardless of the needs or conditions in the jurisdiction, and (2) restricting the ability of the large number of jurisdictions that permit and regulate cannabis retailers to set appropriate local regulations and standards which are developed in a public process.
Local jurisdictions are a critical partner in cannabis regulation and without their willing participation this program cannot succeed. SB 1186 would disregard both the intent of the state's regulatory framework and the reality that local jurisdictions in California have vastly different needs.
For these reasons, the City of Yucaipa opposes SB 1186 and would respectfully request that you veto this harmful legislation.
If you have any questions on how it would impact our city, please contact Raymond A. Casey, City Manager, at (909) 797-2489 or rcase ucai a.or .
Sincerely,
David Avila
Mayor
Greg Bogh
Councilmember
Bobby Duncan
Councilmember
Justin Beaver
Mayor Pro Tern
Jon Thorp
Councilmember
cc: Rosilicie Bogh, Senator, Via FAX No. (916) 651-4923 Chad Mayes, Assemblyman, Via FAX No. (916) 319-2142
Laura Morales, League of California Cities, Imorales calcities.or Meg Desmond, League of California Cities, mclesmondReacities.org Jason Gonsalves, Joe A. Gonsalves & Son, Jason((bgonsalvi_com City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
-249-
916122, 11:13 AM
Bill Text - S13-1186 Medicinal Cannabis Patients' Right of Access Act, dmiel Yee,
IlFr LEGISLATIVE INFORMATION
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SENATE BILL
Date Published: 09/02/2022 09:00 pM
ENROLLED SEPTEMBER 02, 2022
PASSED IN SENATE AUGUST 30, 2022
PASSED IN ASSEMBLY AUGUST 30, 2022
AMENDED IN ASSEMBLY AUGUST 22, 2022
AMENDED IN ASSEMBLY AUGUST 15, 2022
AMENDED IN ASSEMBLY ]LINE 29, 2022
AMENDED IN ASSEMBLY DUNE 22, 2022
AMENDED IN SENATE APRIL 25, 2022
AMENDED IN SENATE MARCH 29, 2022
AMENDED IN SENATE MARCH 10, 2022
CALIFORNIA LEGISLATURE— 2021-2022 REGULAR SESSION
Introduced by Senator Wiener
(Coauthor. Assembly Member Kalra)
February 17, 2022
t►lS]11101ill.1V
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.
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 "t,
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9/6122, 11:13 AM Bill Text - SB-1186 Medicinal Cannabis Patients' Right of Access Act. 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:
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 (commerg with Section 26030). hUps:llleginfo. leg islature.ca.govlfaceslbllWavCIient.xhtml?bill_id=202120220SB1186 217
916122. 11:13 AM Bill Text - SB-1186 Medicinal Cannabis Patients' Right of Access Act. (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).
(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.
(9) 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. -252-
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916122, 11:13 AM Bill Text - 5B-1186 Medicinal Cannabis Patients' Right of Access Act. (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 updated list to reflect those changes. A person shall not engage In the onslte 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-�`ft�Cessary to protect the immediate public health and https:llleginfo.legislature.ca.govlfacoslbilINavClient.xhtml7bill_id=202120,220S61186 417
916122, 11:13 AM Bill Text - SB-1186 Medicinal Cannabis Patients' Right of Access Act, 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. (€) 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 d 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: -254-
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916/22, 11:13 AM Bill Text - 5B-1186 Medicinal Cannabis Patients' Right of Access Act.
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. 2$321. (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 retall 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.
(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction. -255-
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916122, 11:13 AM Bill Text - SB-1186 Medicinal Cannabis Patients' Right of Access Act. (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. -256-
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9/6122, 8:08 AM
Senate Floor Analysis - Unfinished Business
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
(916) 651-1520 Fax: (916) 327-4478
Bill No:
SB 1186
Author:
Wiener (D), et al.
Amended:
8/22/22
Vote:
21 UNFINISHED BUSINESS
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-4, 414/22
AYES: Roth, Becker, Dodd, Eggman, Leyva, Min, Newman, Pan NOES: Melendez, Bates, Jones, Ochoa Bogh
NO VOTE RECORDED: Archuleta, Hurtado
SENATE GOVERNANCE & FIN. COMMITTEE: 4-1, 4/20/22
AYES: Caballero, Durazo, Hertzberg, Wiener
NOES: Nielsen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SB 1186
SB 1186
SENATE FLOOR: 22-9, 5/23/22
AYES: Allen, Atkins, Becker, Bradford, Cortese, Dodd, Durazo, Eggma.n, Gonzalez, Hueso, Kamlager, Laird, Leyva, McGuire, Min, Pan, Portantino, Roth, Skinner, Stern, Wieckowski, Wiener
NOES: Bates, Borgeas, Dahle, Grove, Jones, Melendez, Nielsen., Ochoa Bogh, Wilk NO VOTE RECORDED: Archuleta, Caballero, Glazer, Hertzberg, Hurtado, Limon, Newman, Rubio, Umberg
ASSEMBLY FLOOR, Not available
SUBJECT: Medicinal Cannabis Patients' Right of Access Act SOURCE: California Cannabis Industry .Association
DIGEST: This bill prohibits local governments, beginning January 1, 2024, from banning, or effectively banning, the delivery of medicinal cgff, is to patients or primary caregivers within file :111C:/Users/smassoud/City of Yucaipa, CAlCity Manager - Documents/Shane Massoud/City Council Meetings12022109-12-20221SB 1186/Senate Fl... 117
916122. 8:08 AM Senate Floor Analysis - Unfinished Business their jurisdictions, enforceable through an action for writ of mandate.
Assembly Amendments remove the California Environmental Quality Act exemption provision; update references to "medicinal cannabis" to add "or medicinal cannabis products"; replace the word "operate" with "deliver cannabis goods"; clarify that regulations established by January 1, 2022, that require the establishment of additional physical premises in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established are not subject to regulatory prohibitions pertaining to a physical premises; clarify regulations may be adopted that are consistent with the provisions in this bill and; add language to avoid chaptering out with SB 2210 (Caballero).
ANALYSIS:
Existing law:
1) Enacts the Medicinal and Adult -Use Cannabis Regulation and Safety Act ("the Act") to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of both medicinal cannabis and cannabis products, and adult -use cannabis and cannabis products for adults 21 years of age and over. (Business and Professions Code (BPC) § 26000, et seq.) 2) Permits local jurisdiction to adopt and enforce local ordinances to regulate licensed cannabis businesses. (BPC § 26200)
3) Establishes the Compassionate Use Act (CUA) of 1996, also known as Proposition 215, which protects patients and their primary caregivers from criminal prosecution or sanction for obtaining and using marijuana for medical purposes upon the recommendation of a physician. Also protects physicians who recommends marijuana to a patient for medical purposes from being punished or denied any right or privilege. States that the purpose of CUA is to ensure that seriously ill Californians have the right to obtain and use marijuana if a physician has determined that the person's health would benefit from its use in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief (Health and Safety Code (HSC) § 11362.5) This bill:
1) Establishes the Medicinal Cannabis Patients' Right of Access Act. 2) Restricts, beginning January 1, 2024, local jurisdictions from adopting or enforcing any regulation that prohibits the sale by delivery of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that has the effect of prohibiting the retail sale by delivery 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, including, but not limited to, regulations that unreasonably restrict any of the following:
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a) The number of medicinal cannabis businesses authorized to deliver medical cannabis in the local jurisdiction.
b) The operating hours of medicinal cannabis businesses. c) The number or frequency of sales by delivery of medicinal cannabis. d) The types or quantities of medicinal cannabis authorized to be sold. e) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront 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. 3) Clarifies that nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis. 4) Provides an act may be enforced 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 lave.
5) Addresses chaptering out problems with SB 2210 (Caballero).
Background
History of Medicinal Cannabis. California was the first state in the nation to allow for the medical use of marijuana with the passage of Proposition 215 in 1996. Proposition 215 protected qualified patients and primary caregivers from prosecution related to the possession and cultivation of cannabis for medicinal purposes. Since then, according to the National Conference of State Legislatures, 36 more states, the District of Columbia, Guam, Puerto Rico, and the U.S.
Virgin Islands have enacted similar laws.
In 2003, the Legislature authorized the formation of medical marijuana cooperatives —nonprofit organizations that cultivate and distribute marijuana for medical uses to their members through dispensaries.
In 2015, the Legislature passed the Medical Cannabis Regulation and Safety Act (MCRSA). For the first time, MCRSA established a comprehensive, statewide licensing and regulatory framework for the cultivation, manufacture, transportation, testing, distribution, and sale of medicinal cannabis.
Shortly following the passage of MCRSA in November 2016, California voters passed Proposition 64, the "Control, Regulate and Tax Adult Use of Marijuana Act" (Proposition 64), which legalized adult -use cannabis. Less than a year later in June 2017, the California State Legislature passed a budget trailer bill, SB 94 (Committee on Budget and Fiscal Review, -259-
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Chapter 27, Statutes of 2017), that integrated MCRSA with Proposition 64 to create the Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA), the current regulatory structure for both medicinal and adult -use cannabis. Beginning in 2018, Proposition 64 permitted adults 21 years of age or older to legally grow, possess, and use cannabis for nonmedical purposes, with certain restrictions.
As the cannabis industry has evolved over the past two decades, the Author reports that access to medicinal cannabis has been adversely impacted given that MAUCRSA gives cities the authority to ban cannabis activity, including medical cannabis.
Local Control. Proposition 64 allowed local jurisdictions to choose if cannabis activity was the best direction for their respective counties and cities. Today, about 53% of counties have permitted cannabis commercial Medicinal/Adult-Use cannabis business operations. This leaves, geographically, almost half of the state without access to legal cannabis in a local county or city.
Because the regulatory framework for adult -use and medicinal were consolidated, local jurisdictions are permitted to make the same regulatory decision for all use of cannabis.
Access to Medicinal Cannabis. According to the Sponsor, there are about 18 local jurisdictions that have limited their licensing to only certain medicinal activities. In addition, there are 17 jurisdictions that have prohibited all commercial cannabis activities from being established within their jurisdictions, but have explicit ordinances allowing medicinal cannabis delivery into their jurisdiction as long as it originates outside of their jurisdiction. Currently, there are 979 brick and mortar storefronts and 391 delivery operators.
Medicinal versus Adult -Use Cannabis. Currently, doctors write their patient or client a "recommendation" for cannabis. After a doctor provides a "recommendation", the county health department approves (or denies) it with an application fee, and then a medical identification card (ID) is given. With this ID, a person can buy cannabis in a retail store, but benefit from a reduced taxes. Medicinal Cannabis is fully exempt from state and local sales taxes if purchased for medical use with a valid state medical ID card. Some cities and counties also levy lower excise tax rates on purchases. This bill does not address how medicinal -only retail would impact localities without tax revenue for services like enforcement. .enforcement mechanism. This bill provides for enforcement of its requirements through the existing writ of mandate provisions in the Code of Civil Procedure. (See Code Civ. Proc., pt. 2, tit. 1, ch. 2, §§ 1084 et seq.) A writ of mandate issued pursuant to these provisions is a court order to a specific body to compel the performance of an act that is required by law. (Id., § 1085.) The bill authorizes any medical cannabis patient or primary cannabis caregiver who seeks to purchase cannabis in the jurisdiction, a medical cannabis business that seeks to offer medical cannabis for sale in the jurisdiction, the Attorney General, and any other party otherwise authorized by law to seek the writ, and establishes that these potential parties have the necessary interest in a local jurisdiction's compliance to satisfy the statutory interest requirement. (See id., § 1086.) While the bill does not create a private right of action that would allow an injured party to seek damages, the bill specifies that the provision authorizing a party to seek a writ of mandate does not limit the availability of other remedies; as such, if a local jurisdiction's -260-
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violation of the bill also constituted a violation of additional statutes, this bill would not prohibit an injured party from seeking remedies under all available statutory schemes.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes According to the Assembly Appropriations Committee, this bill will result in minor and absorbable costs to the Department of Cannabis Control and cost pressure possibly in the low hundreds of thousands of dollars in increased staff workload to the trial courts to hear and adjudicate Medicinal Cannabis Patients' Right of Access Act cases. Costs to local governments of an unknown amount to meet the requirements of this bill. These costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates, should a local agency submit a claim.
SUPPORT: (Verified 8/30/22)
California Cannabis Industry Association (source)
Americans for Safe Access
APLA Health
Assured Partners
Autumn Brands
California NORML
Curaleaf
Endo Industries
Good Farmers Great Neighbors
Kiva Confections
MWGHoldings Group, Inc.
Origins Council
Quality Testing Lab
San Diego Cannabis Times
San Francisco Aids Foundation
SPARC
The Parent Company
Weed for Warriors Project
OPPOSITION: (Verified 8/30/22)
Butte County
California Contract Cities Association
California Narcotic Officers' Association
California State Association of Counties
City of Bellflower
City of Beverly Hills
City of Camarillo
City of Carlsbad
City of Downey -261-
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City of Hesperia
City of Lakewood
City of Menifee
City of Norwalk
City of Paramount
City of Paramount
City of Rancho Cucamonga
City of Rocklin
City of San Marcos
City of South Gate
City of Thousand Oaks
City of Visalia
City of Walnut
City of Whittier
Coastal Communities Drug Free Coalition
County of Butte
County of Los Angeles Board of Supervisors
League of California Cities
Los Angeles County
Los Angeles County Division, League of California Cities Public Health Institute
Rural County Representatives of California
Santa Cruz County Board of Supervisors
Town of Yucca Valley
Urban Counties of California
ARGUMENTS IN SUPPORT: Generally, supporters write that the problem can be found in Proposition 64's dual licensing structure, because cannabis businesses must be licensed by both the State and the appropriate local jurisdiction to legally operate. According to the Secretary of State, 393 out of 540 jurisdictions voted in favor of Proposition 64. But today, approximately two-thirds of California cities and counties still prohibit commercial cannabis retail. The shortage of legal cannabis retail businesses has fueled an ever-growing illicit cannabis market, which is estimated to be worth nearly $8 billion annually.
ARGUMENTS IN OPPOSITION: Generally, opposition writes that SB 1186 undermines the intent of MAUCRSA by eliminating a local jurisdiction's ability to prohibit medical cannabis retail activities, regardless of the needs or conditions in the jurisdiction, and restricting local authority to set appropriate local regulations which are developed in various public processes.
Prepared by: Alexandria Smith Davis / B., P. & E.D.
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ACTION ALERT
5B 1186 (Wiener)
Medicinal Cannabis Patients' Right of Access Act
SB 1186 is on the Assembly Floor and will be taken un within the next week.
All Assembly Members need to hear from their cities, Voice your opposition to SB 1186 by calling and emailing your Assembly Member TODAY.
Background: The ability of local jurisdictions to regulate cannabis retailers was central to the passage of both the original Medical Cannabis Regulation and Safety Act and Proposition 64, It is also integral to the combined Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA).
The Legislature worked closely with stakeholders to create a regulatory framework for medical cannabis more than a year before Proposition 64 was enacted. That legislatively -enacted framework serves as the foundation for the regulatory structure provided in the adult -use scheme. In the construction of both frameworks, the crafters recognized the critical need for local control, primarily as part of cities' and counties' land -use authority.
What does SB 1186 specifically do?
SB 1 186 would undermine the intent of MAUCRSA by:
• Eliminating a local jurisdiction's ability to prohibit medical cannabis retail activities, regardless of the needs or conditions in the jurisdiction. • Restricting the ability of the large number of jurisdictions that permit and regulate cannabis retailers to set appropriate local regulations, which are developed in a public process.
Talking Points;
• We ask you to oppose SB 1 186 as it would undermine the carefully negotiated framework between the legislature and local governments that ensures counties and cities can set regulatory standards associated with local land -use authority. • SB 1186 would require every jurisdiction to prepare regulatory ordinances in anticipation of retail delivery applicants, and the Initial costs for jurisdictions may never be fully recouped.
• Changing the local authorization rules while the state is still in the implementation phase of the regulatory framework will impede the gradual, but consistent, progress that local jurisdictions have made toward expanding cannabis retail permitting throughout the state.
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