Brentwood Set to Discuss Allowing Cannabis Delivery to Patients

by CC News October 9, 2023

written by CC News October 9, 2023

On Tuesday, the Brentwood City Council will discuss adjusting its municipal code to allow cannabis deliveries to patients.

The move comes in response to a change in state law after Governor Gavin Newsom signed Senate Bill 1186 which was introduced by Senator Scott Wiener (D-San Francisco).

The bill, dubbed the “Medical Cannabis Patients Rights of Access Act, prohibits local governments from adopting or enforcing any regulation that prohibits or effectively prohibits, the delivery of medicinal cannabis to patients or primary caregivers within their jurisdictions.

According to the staff report, the proposed changes to Chapters 9.50 and 17.780 will continue to uphold the existing prohibitions on facilities for both medicinal and non-medicinal cannabis, as well as on the cultivation of medicinal and non-medicinal cannabis. Furthermore, the delivery and transport of non-medicinal cannabis within the city’s jurisdiction will remain restricted, in line with the provisions of the Adult Use of Marijuana Act (AUMA) and SB 1186.

Per the new ordinances, the delivery of medicinal cannabis to medicinal cannabis patients would be subject to the following regulations:

Deliveries of medicinal cannabis to a medicinal cannabis patient would have to be made to fixed addresses and may not occur at locations such as schools, day care centers, youth centers, public parks and open spaces, public buildings, and establishments serving food or beverages.
A retailer with a physical address outside of the city that wished to deliver medicinal cannabis or medicinal cannabis products to a patient or customer within city limits would be required to obtain a City business license prior to commencing any delivery service within city limits.
All medicinal cannabis or medicinal cannabis products would have to be securely packaged and labeled according to State regulations, ensuring that they are not accessible to minors during transit.
Delivery vehicles would be required to adhere to safety and security standards, which include GPS tracking, alarms, and secure storage.
The delivery of cannabis accessories, branded merchandise of the licensee, or promotional materials is prohibited, except for any equipment, products or materials necessary to enable a qualified patient to ingest, inhale, or otherwise introduce cannabis or cannabis products into the human body.

The staff report also adds, the proposed amendments have been developed based on reference materials and guidelines provided by the League of California Cities. They are also informed by existing ordinances and regulations from other local jurisdictions in California regulating the delivery of both medicinal and non-medicinal cannabis prior to, and subsequent to, the enactment of SB 1186.

In 2022, the Brentwood City Council approved additional penalties for illegal cultivation of marijuana within the city of Brentwood. The penalty is now $100 per plant over the legal limit–that ordinance will still stay in place and not be impacted by the city council action on Tuesday. On Sept. 26, an operation resulted in 3,591 pounds of cannabis product was seized, which included 7,029 plants, worth an estimated retail value of $5.9 million in both the City of Brentwood and City of Oakley.

Also for discussion Tuesday:

Brentwood City Council Meeting

CITY COUNCIL/SUCCESSOR AGENCY AGENDA
Zoom Webinar ID: 760 1397 0037
October 10, 2023 at 7:00 P.m.
City Council Chambers
150 City Park Way
Brentwood, CA 94513
Full Agenda – click here