City Council

24. ADOPTION OF AN URGENCY ORDINANCE REGULATING MEDICINAL CANNABIS\nDELIVERY-ONLY RETAILERS – F2M23-78, O2M23-4824, M2M23-207\nThe California Legislature adopted Senate Bill 1886 (“SB 1186”) in 2022, entitled the\nMedicinal Cannabis Patients’ Right of Access Act, which precludes cities and counties\nfrom adopting or enforcing regulations that prohibit or have the effect of prohibiting the\nretail sale of medicinal cannabis by delivery. SB 1186 takes effect on January 1, 2024. SB\n1186 allows cities and counties to adopt and enforce reasonable regulations on the retail\nsale by delivery of medicinal cannabis, including zoning requirements. Adoption of the\npermanent regulations must occur after the adoption of the new Zoning Code. The City\nCouncil opened the public hearing on the adoption of the Zoning Code update on\nNovember 13, 2023, and the matter is still under consideration by the Council. An\nordinance establishing permanent regulations on medicinal cannabis delivery-only\nretailers was presented to the Planning Commission at its November 20, 2023 meeting\nand the Commission recommended Council adoption of that ordinance. The proposed\nurgency ordinance contains the same substantive regulations that were presented to the\nPlanning Commission in the draft permanent ordinance. If the urgency ordinance is not\nadopted, the City will not have regulations in place by January 1, 2024. As of that date,\nthe City’s prohibition on medicinal cannabis delivery-only retailers will be unenforceable,\nand without regulations on such businesses in place a business of this kind could locate\nanywhere in the City, and the City would have no regulations in place to govern their\nlocation and operation.\n\nThe proposed ordinance would allow a delivery-only retailer of medicinal cannabis to be\na conditionally permitted use in the Industrial zone. The retailer must only sell medicinal\ncannabis; the retail sale of adult-use (e.g., recreational) cannabis would remain prohibited.\nAs a delivery-only business, there would be no storefront operations (no walk-in\ncustomers). The proposed ordinance also includes separation requirements for such\nbusinesses. A conditional use permit for a medicinal cannabis delivery-only retailer cannot\nbe issued for any parcel that is within 600 feet of a school, park, licensed daycare facility,\nyouth center, or licensed drug or alcohol rehabilitation facility, or within 1,000 feet of any\nparcel where another medicinal cannabis delivery-only retailer is operating. The ordinance\nalso proposes that an annual business regulatory permit be required for such businesses.\nThe proposed ordinance includes operational standards for these businesses. These\ninclude security requirements, odor control measures, and a requirement that product not\nbe visible from the exterior of the property. Failure to comply with the operational\nrequirements could result in the regulatory permit being suspended, revoked or not\nrenewed.\n\nRecommended Action: City Council, by one motion, take the following actions:\n1. Adopt by a 4/5 vote of the City Council the following urgency ordinance entitled:\nOrdinance No. O2M23-4824: An Urgency Ordinance of the City Council of\nthe City of Alhambra, California enacted pursuant to California Government\nCode Sections 36937 and 65858 adopting an interim Urgency Ordinance to\nImplement California Law governing medicinal cannabis delivery-only\nretailers within the City\nafter which such ordinance shall go into effect immediately; and,\n2. Direct staff to set a public hearing on an extension of the urgency ordinance\n(O2M23-4824) for the January 22, 2024 regular City Council meeting; and,\n3. Direct staff to set a public hearing on the ordinance establishing permanent\nregulations on medicinal cannabis delivery-only retailers for the January 22, 2024\nregular City Council meeting. (M2M23-207)