On Tuesday, the City Council gave initial approval to update our municipal code to comply with a new state law requiring cities to allow medicinal cannabis delivery services with established zoning, security and safety requirements for these non-storefront businesses.
In 2022, the state legislature passed Senate Bill 1186, known as the Medicinal Cannabis Patients’ Right of Access Act, which prohibits cities from adopting or enforcing any regulations that directly or indirectly prohibit the retail sale by delivery of medicinal cannabis, starting in 2024.
Tuesday’s action will bring our code into compliance with the new 2022 law, but will not change our ban on all other commercial cannabis related activities including storefront cannabis businesses operating in Carlsbad.
In case you’re wondering why different cities have different rules for cannabis businesses, it’s because of three state laws passed in 2016 and 2017 that created regulations and licensing requirements for marijuana growing, sales and use in California.
- This opened the door for cities to allow retail sales of recreational and medical cannabis.
- The state laws also allow cities to pass their own laws to prohibit or limit such businesses, which Carlsbad has done.
We’ve heard public safety and security are concerns, which is why we’ll be implementing the following requirements:
- Delivery businesses will be considered “storage, whole and distribution facilities” and only allowed to operate with a permit on sites zoned as industrial properties
- They must be located at least 1,000 feet from:
- Homes
- Schools and public parks
- Churches, daycare and youth centers
- Other medicinal cannabis delivery businesses
- No markings or indications of cannabis or cannabis products will be visible from the public right-of-way or on exterior buildings or vehicles associated with the business
- On-site retail and customer pickup will be prohibited
- The delivery business facility cannot exceed 3,000 square feet
- Recipients must have a valid cannabis prescription or ID card
- Deliveries will only be allowed to a recipients residence
Medicinal cannabis delivery businesses will be required to go through a thorough permit application process to ensure they meet all requirements.
The updates to the municipal code will take effect Jan. 1, 2024, to comply with state law.
