California Legal Codes and Statutes

Chapter 26 - Medicinal Cannabis Patients’ Right of Access Act

California Business and Professions Code — §§ 26320-26325

Sections (6)

§ 26320

Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.

The Legislature finds and declares as follows:

(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)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.

§ 26321

Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.

(a)This act shall be known, and may be cited, as the Medicinal Cannabis Patients’ Right of Access Act.
(b)For purposes of this chapter:
(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)“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)“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)“Regulation” means a local ordinance, regulation, policy, or practice.
§ 26322

Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.

(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)The number of medicinal cannabis businesses authorized to

deliver medicinal cannabis in the local jurisdiction.

(2)The operating hours of medicinal cannabis businesses.
(3)The number or frequency of sales by delivery of medicinal cannabis.
(4)The types or quantities of medicinal cannabis authorized to be sold by delivery.
(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)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)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)Security or public health and safety requirements.
(3)Licensing requirements.
(4)The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5)Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(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)This section shall become operative on January 1, 2024.
§ 26323

Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.

(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)A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)The Attorney General.
(4)Any other party otherwise authorized by law.
(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)This section shall become operative on January 1, 2024.
§ 26324

Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.

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.

§ 26325

Added by Stats. 2022, Ch. 395, Sec. 2. (SB 1186) Effective January 1, 2023.

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.