Chapter 26Medicinal Cannabis Patients’ Right of Access Act

Section § 26320

Explanation

This California law emphasizes the importance of making it easy for people to get medicinal cannabis, as it is considered a key part of healthcare. The state aims to ensure that everyone who needs it can access safe, effective, and affordable medicinal cannabis without delay.

The Legislature finds and declares as follows:
(a)CA Business and Professions Code § 26320(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.
(b)CA Business and Professions Code § 26320(b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.
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(Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.)

Section § 26321

Explanation

This law is called the Medicinal Cannabis Patients' Right of Access Act. It defines what medicinal cannabis is, who qualifies as a medicinal cannabis patient, what a medicinal cannabis business entails, and the kind of regulations that may affect these operations. The focus is on the rights of patients to access medicinal cannabis through authorized retailers.

(a)CA Business and Professions Code § 26321(a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients’ Right of Access Act.
(b)CA Business and Professions Code § 26321(b) For purposes of this chapter:
(1)CA Business and Professions Code § 26321(b)(1) “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2)CA Business and Professions Code § 26321(b)(2) “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(3)CA Business and Professions Code § 26321(b)(3) “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4)CA Business and Professions Code § 26321(b)(4) “Regulation” means a local ordinance, regulation, policy, or practice.
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(Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.)

Section § 26322

Explanation

This law prevents local governments in California from banning or restricting the delivery sales of medicinal cannabis to patients and their caregivers. It specifically disallows rules that would limit the number, frequency, or scope of deliveries, or require additional physical premises for businesses that already exist. However, local governments may enforce reasonable regulations about zoning, security, health, licensing, taxation, and other legal obligations. Importantly, this applies only to retail sales by delivery, not other types of commercial cannabis activities, and it will be effective starting January 1, 2024.

(a)CA Business and Professions Code § 26322(a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1)CA Business and Professions Code § 26322(a)(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)CA Business and Professions Code § 26322(a)(2) The operating hours of medicinal cannabis businesses.
(3)CA Business and Professions Code § 26322(a)(3) The number or frequency of sales by delivery of medicinal cannabis.
(4)CA Business and Professions Code § 26322(a)(4) The types or quantities of medicinal cannabis authorized to be sold by delivery.
(5)CA Business and Professions Code § 26322(a)(5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(b)CA Business and Professions Code § 26322(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)CA Business and Professions Code § 26322(b)(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2)CA Business and Professions Code § 26322(b)(2) Security or public health and safety requirements.
(3)CA Business and Professions Code § 26322(b)(3) Licensing requirements.
(4)CA Business and Professions Code § 26322(b)(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5)CA Business and Professions Code § 26322(b)(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c)CA Business and Professions Code § 26322(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d)CA Business and Professions Code § 26322(d) This section shall become operative on January 1, 2024.
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(Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)

Section § 26323

Explanation

This law allows certain people to take legal action to enforce rules about medicinal cannabis starting January 1, 2024. These people include medicinal cannabis patients, their caregivers, businesses selling medicinal cannabis, the Attorney General, or anyone else allowed by law. Having other legal options to enforce these rules does not take away from these rights.

(a)CA Business and Professions Code § 26323(a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)CA Business and Professions Code § 26323(a)(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)CA Business and Professions Code § 26323(a)(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)CA Business and Professions Code § 26323(a)(3) The Attorney General.
(4)CA Business and Professions Code § 26323(a)(4) Any other party otherwise authorized by law.
(b)CA Business and Professions Code § 26323(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)CA Business and Professions Code § 26323(c) This section shall become operative on January 1, 2024.
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(Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)

Section § 26324

Explanation

This law makes it clear that local governments in California have the authority to regulate adult-use cannabis in their areas, despite anything else in this chapter of the law.

Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200.
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(Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.)

Section § 26325

Explanation

This section declares that the issues covered in this chapter are important for the entire state of California, rather than just local governments or municipalities. It clarifies that these matters are considered to be of statewide importance according to the California Constitution.

This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.
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(Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.)