Yucaipa has opposed medical marijuana and dispensaries within city limits since it became legal in the state. On Sept. 12, City Manager Ray Casey informed the Yucaipa City Councilmembers of Senate Bill 1186, the Medicinal Cannabis Patients’ Right of Access Act. Council opposed the senate bill, primarily due to it being a way the state of California is trying to remove local control from cities. The letter of opposition for the bill passed unanimously with Mayor Pro Tem Justin Beaver absent.
Casey said, “Generally this takes away local control from cities and counties in terms of the ability to enforce limitations on retail cannabis sales and delivery in your community.”
If passed, this bill will go into effect on Jan. 1, 2024. “It is certainly another attempt at the state level to take away local control. Gov. Gavin Newsom has not signed this bill yet. It’s on his desk,” said Casey.
Councilmember Bobby Duncan stated, “In our staff report it says it prohibits the retail sale by delivery. Right now we have an ordinance that says we can’t have any sales in our city limits and no delivery but it’s common knowledge that there’s about five or six organizations that are currently delivering into Yucaipa.”
Duncan asked, “Is this to prohibit retail sales at a retail location or just delivery into our city?”
Casey answered, “Delivery pursuant to the retail sales that could be done elsewhere.”
Mayor David Avila stated he thought that law already existed. “Right after we were given the authority to decide, legislation came back and said that deliveries were OK. That was a state level decision.”
Casey clarified, “This would prohibit local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery, within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses.”
Councilmember Greg Bogh said he thought the overall concern is that the state keeps taking away local control. “That’s really what’s going on. Just like they’re taking away parental rights. They’ve passed a number of laws this past year taking away your rights from your kids. They’re taking away rights that local agencies have over their city. So I support this (letter of opposition).”
Casey said regarding Duncan’s question, the city still has the right to limit the number of businesses that deliver into the community. After Jan. 1, 2024, the city would not have the ability to limit the number of businesses that are able to deliver into the community.
Avila said, “Again, I agree with Councilmember Bogh’s statement that this is not a matter whether we approve or disapprove of the use of medical marijuana being delivered into our community or whether we want medical marijuana in our community. The issue is control. This is, in my opinion, I think Greg may have said this, it’s just another step of the state becoming centralized and making all the decisions for us.”