Riechel Reports - City of San Bruno CA Events and of Interest to San Bruno Residents

CA Proposed Bill

AB-2697 Cannabis: drive-throughs





Article Source: CA Assembly

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An act to add Section 26204 to the Business and Professions Code, relating to cannabis.


LEGISLATIVE COUNSEL'S DIGEST

AB 2697, as amended, Pellerin. Cannabis: drive-throughs.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA and any applicable local ordinances to engage in commercial adult-use cannabis activity pursuant to that license, if conducted as prescribed. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions. Existing regulation prohibits the sale or delivery of cannabis or cannabis products through a pass-out window or a slide-out tray to the exterior of the licensed premises. premises, except as specified.
This bill would authorize a local jurisdiction to allow a licensed cannabis retailer to conduct sales or deliveries at a drive-through, pass-out window, or slide-out tray, or microbusiness that conducts storefront retail sales from a premises to sell cannabis or cannabis products to a customer in a motor vehicle in a drive-through, if the sales and deliveries are made through a fixed-pane security window with a security drawer. drawer that is part of a building located within the premises, except as specified. The bill would exclude a licensee that conducts retail sales exclusively through delivery or that does not maintain a premises open to the public for retail sales.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
The people of the State of California do enact as follows:

SECTION 1.
 Section 26204 is added to the Business and Professions Code, to read:
26204.
 (a) A local jurisdiction may authorize a licensed retailer to conduct sales or deliveries at a drive-through, pass-out window, or slide-out tray to the exterior of the licensed premises, if the sales and deliveries are made through a fixed-pane security window with a security drawer. retailer or microbusiness licensed under this division that conducts storefront retail sales from a premises to sell cannabis or cannabis products to a customer in a motor vehicle in a drive-through located on the premises.

(b)A retailer who conducts sales or deliveries through a drive-through, pass-out window, or slide-out tray to the exterior of the licensed premises shall do so in compliance with this division.
(b) (1) Except as provided in paragraph (2), drive-through sales authorized pursuant to subdivision (a) shall occur through a fixed-pane security window with a security drawer or similar secure transfer mechanism that is part of a building located within the premises.
(2) A retailer or microbusiness licensed under this division that conducted retail sales through a drive-through in compliance with state and local law before January 1, 2027, is not subject to the requirements of paragraph (1).
(c) This section shall not apply to a licensee that conducts retail sales exclusively through delivery or that does not maintain a premises open to the public for retail sales.
(d) Sales conducted pursuant to this section shall comply with this division and any regulations adopted by the department.
(e) This section does not limit the authority of a local jurisdiction under Section 26200 to regulate drive-through sales authorized pursuant to this section.



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