CHAPTER 12
MARIJUANA DISPENSARIES AND DELIVERIES

4.12.102 Findings and Purpose.1

The intent of this chapter is to prohibit medical marijuana dispensaries of marijuana, whether intended for medical or non-medical purposes, to the maximum extent permitted by the Medicinal and Adult-Use Cannabis Regulation and Safety Act (formerly the Adult Use of Marijuana Act and the Medical Marijuana Regulation and Safety Act) and Article XI, Section 7 of the California Constitution.

(Sec. 2, Ordinance No. 16-17, adopted November 14, 2017; Sec. 2, Ordinance No. 11-17, adopted June 27, 2017)

4.12.104 Definitions and Exceptions.

For purposes of this chapter:

a.    "Marijuana" refers to any type of Cannabis plant, including Cannabis sativa, Cannabis indica, Cannabis ruderalis, and any hybrids of different types of Cannabis plants. For the purpose of this code, hemp and CBD products made from hemp are not considered to be marijuana; provided, that the hemp or CBD products are not made or manufactured to be smoked.

b.    "Hemp" refers to the industrial non-drug variant (containing less than three-tenths percent (0.3%) Tetrahydrocannabinol, or "THC") that is cultivated for its fiber, hurd, and seeds.

c.    "CBD" refers to Cannabidiol that is a chemical compound that comes from the hemp plant.

d. "Marijuana dispensary" means any facility or location, whether fixed or mobile, where marijuana is provided, sold, made available or otherwise distributed for any purpose, whether medical or non-medical.

e.    "Marijuana dispensary" shall not include the following uses; provided, that the location of such uses is otherwise regulated by applicable law, and further provided any such use complies strictly with applicable law, including, but not limited to, Health and Safety Code Section 11362.5:

1)     A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

2)    A healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

3)    A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.1 of Division 2 of the Health and Safety Code.

4)    A residential care facility for the elderly, licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

5)    A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

f.    "Delivery" shall have the same definition as set forth in subdivision (m) of Business and Professions Code Section 19300.5.

g.    "Transfer" shall mean to make available, sell, transmit, give, distribute, or otherwise provide.

(Sec. 1, Ordinance No. 08-19, adopted May 28, 2019; Sec. 3, Ordinance No. 16-17, adopted November 14, 2017; Sec. 2, Ordinance No. 11-17, adopted June 27, 2017)

4.12.106 Marijuana Dispensaries Prohibited.

a.    Marijuana dispensaries are prohibited in the City of Oakley. No marijuana dispensary shall operate, locate, or otherwise be permitted anywhere within City limits.

b.    The City shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a marijuana dispensary.

(Sec. 2, Ordinance No. 11-17, adopted June 27, 2017)

4.12.108 Marijuana Deliveries.

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in the City of Oakley, the delivery of marijuana.

The prohibitions in this chapter shall not apply to the delivery of medical marijuana from a marijuana dispensary located outside the City that is operating in accordance with applicable State and local law to a qualified patient or primary caregiver within City limits, provided such marijuana dispensary operates in accordance with the requirements of Health and Safety Code Section 19340, any successor statute, and any regulations promulgated under California Health and Safety Code Section 19340, or any successor statute. In addition:

a.    Persons delivering medical marijuana in the City may possess no more than one pound of medical marijuana at any time while making medical marijuana deliveries in the City;

b.    The delivery may be carried out only by a person at least eighteen (18) years of age;

c.    The delivery may occur only between the hours of 8:00 a.m. and 8:00 p.m.;

d.    Prior to commencing marijuana deliveries to qualified patients or primary caregivers within City limits, the marijuana dispensary shall register with the Oakley Police Department and provide proof that the marijuana dispensary is licensed under the applicable laws of the State of California and operating in compliance with the applicable laws and regulations of the local jurisdiction in which the marijuana dispensary is located;

e.    Prior to commencing medical marijuana deliveries to qualified patients or primary caregivers with City limits, the marijuana dispensary shall provide the Oakley Police Department with the names, ages and drivers’ license numbers of all persons who will be conducting the deliveries. The marijuana dispensary shall notify the Oakley Police Department of any changes in the identities of the persons conducting the deliveries within twenty-four (24) hours of any change in that information;

f.    Thereafter, on an annual basis and prior to July 1 of each year, the marijuana dispensary shall provide the Oakley Police Department with proof that the marijuana dispensary continues to be licensed under the applicable laws of the State of California and is authorized to operate in the local jurisdiction in which the marijuana dispensary is located. In addition to this annual reporting requirement, the marijuana dispensary shall promptly report any thefts of marijuana or money related to the delivery of medical marijuana in the City to the Oakley Police Department;

g.    If payments are made at the time of the deliveries, the payments shall be made by credit card, electronically, or by any other medium that does not involve the exchange of cash. Drivers for services delivering marijuana within City limits shall carry no cash associated with or obtained from any marijuana deliveries while driving within City limits;

h.    Any marijuana dispensary that delivers or causes the delivery of medical marijuana within City limits shall obtain and maintain a business license in accordance with Chapter 3.5;

i.    All deliveries must be personally made to adult residents of the residence where deliveries will occur. No delivered products shall be left outside the residence, such as at the doorstep, on a porch, in a mailbox, or otherwise. Nor shall any deliveries be made to any persons at the residences who are younger than eighteen (18) years in age; and

j.    While traveling within City limits, automobiles used for the deliveries shall not display the name, logo, or other identifying information associated with the entity providing the deliveries nor include any logo, graphic, photograph, drawing or painting that depicts a marijuana plant or any part of such plant.

(Sec. 4, Ordinance No. 16-17, adopted November 14, 2017)

4.12.110 Sale of CBD or Hemp Products.

The sale of CBD or hemp products shall only be made at business establishments that are located within the General Commercial (C) zoning district, or by persons who possess home business permits under Section 9.1.1120.

(Sec. 2, Ordinance No. 08-19, adopted May 28, 2019)


1

Code reviser’s note: Ord. 11-17 adds this section as Section 4.12.104. This section has been editorially renumbered to avoid duplication.