MURRIETA, CA — Murrieta has been reluctant to welcome cannabis operations of any kind into the city, but the state has forced its hand.
On Tuesday, Murrieta City Council approved amending its city code to pave the way for medicinal marijuana delivery to patients and caregivers. Under the amendments, the city will also allow non-storefront retail medicinal cannabis delivery businesses to open within certain zoning areas.
Cannabis delivery and brick-and-mortar operations — even medicinal businesses — have been banned in the city. That must change.
In 2022, Gov. Gavin Newsom signed into law Senate Bill 1186. The legislation enacted California’s “Medicinal Cannabis Patients’ Right of Access Act,” which took effect Jan. 1, 2024. The act prohibits local jurisdictions from adopting or enforcing any regulation that bans access to medicinal cannabis for patients and/or primary caregivers. Additionally, the act prohibits cities and counties from limiting the number of medicinal cannabis delivery operations that can open.
Under SB 1186, jurisdictions can implement standards to address permitting, security, and public health and safety concerns of medicinal cannabis delivery operations. Murrieta has drafted those standards as part of its amendments’ updates. For example, the city determined medicinal cannabis delivery businesses cannot be located near residential areas, schools, daycare centers, churches, public parks, or youth activity centers. Instead, the operations will be confined to areas in the city zoned Business Park. Extensive security systems are also required for any cannabis businesses that might open in the city.
It’s unclear how the city will collect sales tax revenues on cannabis deliveries. City Attorney Tiffany Israel said she is looking into the matter.
Israel told council members the city would be at risk of legal threat if it didn’t come into compliance with SB 1186. City Council voted 5-0 to update its code per state law.
Even with the city code updates, Murrieta will still ban non-medicinal marijuana operations, according to Murrieta senior planner Chris Tracy.
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