State Mandatory Medical Cannabis Laws are Now in Effect.

As of January 1st, 2024, cities in the State of California are now required to provide mandatory access to cannabis for all medical cannabis patients and caregivers. Specifically, under SB 1186 (2022), all California local jurisdictions, whether County or Municipal, must now allow for the retail sale of medical cannabis via delivery within their jurisdiction’s limits.

This bill, which is now incorporated into Section 26200 of the California Business and Professions Code, requires that all local ordinances and regulations that would prohibit the retail sale by delivery of medical cannabis within the local jurisdiction be altered or removed so that they do not interfere with the timely delivery of medical marijuana to medical marijuana patients in types and quantities that are sufficient to meet their recommended demand. Further, this law 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.

So, any community not currently in compliance with this new law is at risk of significant legal liability. What makes this especially critical is that there are differing opinions on what exactly SB 1186 requires:

Physical Location: Is the local government required to allow for physical locations within their jurisdictions, or are they only obligated to allow deliveries to take place from companies based outside their jurisdiction’s limits?
Service Limits: While zoning and hour limits are allowed, those that overly interfere with patient access are not. Where is the line?
Licensing Requirements and Tax Basis: While specifically allowed, these requirements must be “reasonable” and cannot have “the effect of prohibiting the retail sale by delivery of medicinal cannabis.”

However, Global Go, a California based leader in the Cannabis Industry, is here to help. With combined decades of experience in working with municipalities and private businesses in the cannabis space, Global Go can assist you with the creation of proposed Ordinances that will not only effectively comply with State law and limit your local government’s legal liability, but can also help your community to meet its state health, safety, and tax goals through the efficient regulation of cannabis businesses. We invite you to get in touch with us at Global Go on how we can assist you with SB1186 Compliance today.

For jurisdictions interested in expanding their cannabis industry involvement, Global Go can help guide regulators and policy makers, empowering them to create a friendly and robust environment for emerging cannabis businesses in their communities. Global Go offers solutions for municipalities as well as the businesses seeking to thrive and flourish in and with them.

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