The League of California Cities released a resource to help local officials navigate a new medicinal cannabis law, SB 1186 (Weiner, 2022). Known as the Medicinal Cannabis Patients’ Right of Access Act, the law bars cities from prohibiting — directly or indirectly — the retail delivery of medicinal cannabis to patients or caregivers.
Cal Cities secured critical amendments last year that narrowed the law’s scope. The bill originally mandated storefront medicinal cannabis retail, which would have infringed even more heavily on local land use policies.
The two-page resource highlights the types of regulations cities can and cannot adopt, as well as the principles they should keep in mind when drafting new ordinances. It also includes links to existing ordinances from other cities throughout the state. Cities must repeal or stop enforcing any existing regulations that are specifically barred by the act by Jan. 1, 2024.
The resource builds on a 2021 publication from Cal Cities, “Seed to Sale: A Guide to Regulating Cannabis in California Cities.”
The 2022-23 State Budget included $20.5 million to help local governments develop and implement cannabis retailer licensing programs in the form of competitive grants. Cities in certain counties can use these funds to comply with the Act. Applications for the first round of funding are due April 28. A second round of funding is expected to become available on June 30.
These materials are not offered as or intended as legal advice. Local officials should consult their city attorney when confronted with legal issues.