California Senate Bill 1186 Amended to Expand Medical Delivery Statewide
by Omar Figueroa
March 31, 2022
A proposed law in California named the Medicinal Cannabis Patients’ Right of Access Act would require cities and counties across the state to regulate but not prohibit medical delivery-only retailers. The bill would allow medical delivery-only retailers to operate from local jurisdictions that currently prohibit medical delivery. (Note: this is is a different issue than the issue of cities seeking to invalidate state regulations allowing delivery of cannabis to homes in local jurisdictions that ban commercial cannabis activity, which was litigated in a lawsuit dismissed in late 2020.)
Senate Bill 1186, which was authored by Senator Scott Wiener and amended in the Senate on March 29th, would prohibit local jurisdictions across California from banning medical cannabis delivery businesses; however, it would authorize cities and counties to adopt and enforce regulations limiting the sale of medical cannabis to delivery only. According to the digest prepared by the Legislative Counsel:
This bill would enact the Medicinal Cannabis Patients’ Right of Access Act, which would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the sale of, or otherwise imposes unreasonable restrictions on the safe and affordable sale of, medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined. The bill would prohibit regulations that unreasonably restrict, among other things, the operating hours or the number or frequency of sales of medicinal cannabis businesses. This bill would authorize a local jurisdiction to adopt and enforce regulations limiting the sale of medicinal cannabis to delivery only. The bill would provide that the act may be enforced by an action for writ of mandate brought by a medical cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law.
The amendments appear intended to address the concern expressed by advocates that the previous version would have granted delivery bans a seal of approval under state law, as the previous version would have empowered cities and counties to “limit the sale of medicinal cannabis to storefront retail sale only at one or more licensed retail sale premises within the local jurisdiction.”
The proposed law would unequivocally prohibit local jurisdictions from banning medical cannabis businesses by adding Section 26302 to the Business and Professions Code:
A local jurisdiction shall not adopt or enforce any regulation that prohibits the sale of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise imposes unreasonable restrictions on the safe and affordable sale of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, including, but not limited to, regulations that unreasonably restrict any of the following:(a) The number of medicinal cannabis businesses authorized to operate in the local jurisdiction.(b) The operating hours of medicinal cannabis businesses.(c) The number or frequency of sales of medicinal cannabis.(d) The types or quantities of medicinal cannabis authorized to be sold.(e) Any other aspect of the operation of a medicinal cannabis business that is essential to its ability to offer medicinal cannabis products for sale to medicinal cannabis patients and their primary caregivers within the local jurisdiction 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.
(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.
Keep your eye on Senate Bill 1186, as it would alter the regulatory landscape across California and turn medical cannabis deserts into green oases.
This information is provided as a public educational service and is not intended as legal advice. For specific questions regarding cannabis laws and regulations in California, please contact the Law Offices of Omar Figueroa at 707-829-0215 or info@omarfigueroa.com to schedule a confidential legal consultation.
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