RCRC, in coalition with the California State Association of Counties (CSAC) and the League of California Cities (Cal Cities), has expressed opposition to Senate Bill 1186, authored by Senator Scott Wiener (D-San Francisco). This measure would severely undermine local decision-making under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).
With the enactment of MAUCRSA, a large number of licensed industry actors are participating in the regulated commercial cannabis market. The ability of local jurisdictions to regulate business entities participating in their local area was central to the passage of both the original Medical Cannabis Regulation and Safety Act (MCRSA) and Proposition 64, and is consequently integral to the combined MAUCRSA.
The coalition expressed that local control must be sustained to ensure counties and cities can set regulatory standards associated with local land-use authority. This includes the ability to restrict or prohibit commercial cannabis activities or impose stricter local standards than those afforded in State regulations. SB 1186 undermines the intent of MAUCRSA by (1) eliminating a local jurisdiction's ability to prohibit medical cannabis retail activities, regardless of the needs or conditions in the jurisdiction, and (2) restricting the ability for the large number of jurisdictions that permit and regulate cannabis retailers to set appropriate local regulations which are developed in a public process.
SB 1186 proceeds entirely from the premise that there are serious “barriers” to medical cannabis access in California. That is simply untrue. Our state produces three times the amount of cannabis that the California market can consume, and there are well over 200 jurisdictions permitting some form of medical and adult-use retail, with additional jurisdictions coming online in 2022.
SB 1186 is set for hearing in the Senate Business, Professions and Economic Development on Monday, April 4, 2022. RCRC’s letter of opposition is available here. For more information, please contact RCRC Policy Advocate, Sarah Dukett.