BrentwoodStaffReport SB1186

CITY COUNCIL AGENDA ITEM NO. G.
1
10/10/2023
SUBJECT: Amendments to the Brentwood Municipal Code in response to SB

1186 (Weiner) – Medicinal Cannabis Patients’ Rights Access Act
DEPARTMENT: City Manager
STAFF: Darin Gale, Assistant City Manager

Abraham Salinas, Senior Analyst
TITLE/RECOMMENDATION
Repeal Chapter 17.780 (Marijuana Facilities and Cultivation) and Chapter 9.50
(Marijuana Facilities and Cultivation) of the Brentwood Municipal Code and replace
them in their entirety with new Chapter 17.780 (Cannabis Facilities and Cultivation)
and Chapter 9.50 (Cannabis Facilities and Cultivation) to leave in place existing
prohibitions on cannabis cultivation, cannabis dispensaries, and non-medicinal
cannabis deliveries within the City of Brentwood, while allowing for and regulating
medicinal cannabis deliveries, as required by SB 1186.
These ordinances to replace Chapter 17.780 and Chapter 9.50 of the Brentwood
Municipal Code in their entirety are exempt from the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA)
because the City Council hereby finds that it can be seen with certainty that there is
no possibility the adoption and implementation of the ordinances may have a
significant effect on the environment, and the ordinances are exempt from CEQA
pursuant to CEQA Guidelines Sections 15061(b)(1), 15061(b)(2), and 15061(b)(3).
FISCAL IMPACT
There is no fiscal impact associated with this action.
BACKGROUND
While the City has been regulating cannabis since 2006, there have been significant
changes in state-level medicinal cannabis regulation over the past decade. The
following offers a concise summary of key California legislative milestones since
2015, setting the context for the actions under consideration by the City Council.
THE MEDICINAL CANNABIS REGULATION AND SAFETY ACT AND CURRENT CITY
ORDINANCES
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CITY COUNCIL AGENDA ITEM NO. G.1
10/10/2023
On October 9, 2015, Governor Brown signed into law three related bills pertaining to
the regulation of cannabis: AB 243, AB 266, and SB 643, collectively known as the
Medical Cannabis Regulation and Safety Act (“MCRSA”). The MCRSA was intended to
govern all commercial cannabis activities, which are defined as “cultivation,
possession, manufacture, processing, storing, laboratory testing, labeling,
transporting, distribution, or sale of medicinal cannabis or a medicinal cannabis
product.” (Bus. & Prof. Code § 19320(a).)
As required by the MCRSA, in order to maintain some degree of local control over
medicinal cannabis regulation, the City adopted two ordinances on January 26, 2016.
(See BMC Chapters 9.50 and 17.780.) These ordinances prohibit “commercial
cannabis activities,” which are defined under State law as medicinal cannabis
businesses that require a state licenses under MCRSA, including medical cannabis
manufacturers, distributors, transporters, and testing laboratories. In addition to
commercial cannabis activities, the ordinances prohibit cannabis cultivation,
dispensaries and deliveries (except for those deliveries made by a primary caregiver
to his or her qualified patients) within city limits.
BMC Chapters 9.50 and 17.780 contain virtually identical provisions. The difference
is that the Zoning Ordinance under Title 17 regulates the use of land and will generally
be enforced by Code Enforcement, while the Title 9 Ordinance regulates personal
behavior and will generally be enforced by the Police Department.
PROPOSITION 64: THE “CONTROL, REGULATE AND TAX ADULT USE OF

MARIJUANA ACT”
On November 8, 2016, California voters approved the Control, Regulate and Tax Adult
Use of Marijuana Act (“AUMA”), which allows individuals to possess, use, and cultivate
recreational marijuana in certain amounts. In addition, AUMA provided that private
indoor cultivation of marijuana plants is lawful under both state and local law and is
only subject to “reasonable” local regulations, provided that no more than six plants
are being cultivated on the property at one time. Under the AUMA, recreational
marijuana cultivators, manufacturers, distributors, retailers, and testing laboratories
may operate lawfully if they obtain a state license and comply with local ordinances.
In the wake of the passage of AUMA, BMC Chapters 9.50 and 17.780 were both
amended to maintain the City’s prohibitions on commercial marijuana activities and
personal cultivation of marijuana to the extent allowable.
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SENATE BILL 1186 – MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS

ACT
In February of 2022, State Senator Scott Wiener introduced Senate Bill 1186 (“SB
1186”), the Medicinal Cannabis Patients’ Right of Access Act (Attachment 1). This bill
prohibits local governments, beginning January 1, 2024, from adopting or enforcing
any regulation that prohibits or effectively prohibits, the delivery of medicinal
cannabis to patients or primary caregivers within their jurisdictions. This bill passed
through both state legislative houses and was signed by Governor Newsom on
September 18, 2022.
As provided in SB 1186, the state Legislature has determined that:
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.
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.
A decision not to modify the Brentwood Municipal Code to allow for the delivery of
medicinal cannabis to qualified patients would expose the City to legal challenge by
any of a host of individuals who have been authorized to seek legal recourse by SB
1186, including the Attorney General, medicinal cannabis patients within the city
desiring delivery of medicinal cannabis, medicinal cannabis businesses seeking to
offer medicinal cannabis for sale in the city, as well as any other party otherwise
authorized by law.
ANALYSIS
In accordance with SB 1186, staff recommends amending Chapters 9.50 and 17.780
of the Brentwood Municipal Code (BMC) to permit the retail sale of medicinal cannabis
via delivery to medicinal cannabis patients (a category of individuals that includes
such patients’ primary caregivers).
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The proposed changes to Chapters 9.50 and 17.780 will continue to uphold the
existing prohibitions on facilities for both medicinal and non-medicinal cannabis, as
well as on the cultivation of medicinal and non-medicinal cannabis. Furthermore, the
delivery and transport of non-medicinal cannabis within the city's jurisdiction will
remain restricted, in line with the provisions of the Adult Use of Marijuana Act (AUMA)
and SB 1186.
Per the new ordinances, the delivery of medicinal cannabis to medicinal cannabis
patients would be subject to the following regulations:
1. Deliveries of medicinal cannabis to a medicinal cannabis patient would have to

be made to fixed addresses and may not occur at locations such as schools,
day care centers, youth centers, public parks and open spaces, public
buildings, and establishments serving food or beverages.
2. A retailer with a physical address outside of the city that wished to deliver
medicinal cannabis or medicinal cannabis products to a patient or customer
within city limits would be required to obtain a City business license prior to
commencing any delivery service within city limits.
3. All medicinal cannabis or medicinal cannabis products would have to be

securely packaged and labeled according to State regulations, ensuring that
they are not accessible to minors during transit.
4. Delivery vehicles would be required to adhere to safety and security standards,

which include GPS tracking, alarms, and secure storage.
5. The delivery of cannabis accessories, branded merchandise of the licensee, or

promotional materials is prohibited, except for any equipment, products or
materials necessary to enable a qualified patient to ingest, inhale, or otherwise
introduce cannabis or cannabis products into the human body.
On September 19, 2023, staff presented these draft amendments to the Planning
Commission. The Planning Commission suggested modifications to Chapter
17.780.060.C.5, specifically to permit any equipment, products, or materials
essential for a qualified patient to administer cannabis or cannabis products (i.e, to
add the language underlined above). These revisions have been incorporated into
and can be found in Attachments 5, 6, 7, and 8.
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The proposed amendments have been developed based on reference materials and
guidelines provided by the League of California Cities, which are included as
Attachment 4. They are also informed by existing ordinances and regulations from
other local jurisdictions in California regulating the delivery of both medicinal and
non-medicinal cannabis prior to, and subsequent to, the enactment of SB 1186.
Staff is requesting that the City Council review and adopt the proposed changes to
ordinances within Title 17 (ZONING) and Title 9 (PUBLIC PEACE AND WELFARE) of
the Brentwood Municipal Code. Redlined versions of Chapters 9.50 and 17.780 are
also included as Attachments 6 and 8 for reference.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
The City published a notice of public hearing in the Brentwood Press on September,
29, 2023.
ENVIRONMENTAL DETERMINATION
These ordinances to replace Chapter 17.780 and Chapter 9.50 of the Brentwood
Municipal Code in their entirety are exempt from the provisions of the California
because the City Council hereby finds that it can be seen with certainty that there is
no possibility the adoption and implementation of the ordinances may have a
significant effect on the environment, and the ordinances are exempt from CEQA
ATTACHMENT(S)
1. Previous Action
2. Planning Commission Resolution
3. Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act
4. League of Cities - SB-1186-Fact-Sheet
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5. Ordinance amending Brentwood Municipal Code Chapter 9.50 – Clean Version

6. Ordinance amending Brentwood Municipal Code Chapter 9.50 – Redline Version
7. Ordinance amending Brentwood Municipal Code Chapter 17.780 – Clean Version
8. Ordinance amending Brentwood Municipal Code Chapter 17.780 – Redline Version
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ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed
below. To view prior actions and materials, and Brentwood Municipal Code references
in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired
to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the
Brentwood Municipal Code and search by the code section(s) cited.
On September 26, 2006, the City Council unanimously voted to adopt Ordinance 838
to add Chapter 9.50 to the Brentwood Municipal Code (“BMC”) prohibiting medical
marijuana dispensaries pending the completion of studies related to the impacts
associated with such dispensaries.
On December 11, 2007, the City Council introduced and waived the first reading of
Ordinance No. 855.
On January 8, 2008, the City Council waived the second reading and adopted
Ordinance No. 855 to amend Chapter 9.50 of the BMC to Permanently Prohibit Medical
Marijuana Dispensaries.
Ordinance No. 963 to amend Title 17 of the BMC by establishing a new chapter
(Chapter 17.780 – Medical Marijuana Facilities) to prohibit marijuana cultivation,
dispensaries and deliveries within the City of Brentwood.
Ordinance No. 964 repealing Brentwood Municipal Code Chapter 9.50 (Medical
Marijuana Dispensaries) and replacing it in its entirety with new Brentwood Municipal
Code Chapter 9.50 (Medical Marijuana Facilities and Cultivation).
On October 24, 2017, the City Council adopted Ordinance No. 993 repealing
Brentwood Municipal Code Chapter 17.780 (Medical Marijuana Facilities) and replaced
it in its entirety with new Brentwood Municipal Code Chapter 17.780 (Marijuana
Facilities and Cultivation) to prohibit marijuana cultivation, dispensaries and
deliveries within the City of Brentwood.
On October 24, 2017, the City Council adopted Ordinance No. 994 repealing
Brentwood Municipal Code Chapter 9.50 (Medical Marijuana Facilities) and replaced
it in its entirety with new Brentwood Municipal Code Chapter 9.50 (Marijuana
Facilities and Cultivation) to prohibit marijuana cultivation, dispensaries and
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PLANNING COMMISSION RESOLUTION NO. 23-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BRENTWOOD RECOMMENDING THE CITY COUNCIL ADOPT ORDINANCE
NO. _____, REPEALING CHAPTER 17.780 (MEDICAL MARIJUANA
FACILITIES) AND REPLACING IT IN ITS ENTIRETY WITH A NEW CHAPTER
17.780 (CANNABIS FACILITIES AND CULTIVATION) OF THE BRENTWOOD
MUNICIPAL CODE TO REGULATE CANNABIS DISPENSARIES,
CULTIVATION FACILITIES, COMMERCIAL CANNABIS ACTIVITIES, AND
CANNABIS DELIVERIES WITHIN THE CITY OF BRENTWOOD
WHEREAS, in 1970, the United States Congress enacted the Controlled Substances Act
(“CSA”) which, among other things, makes it illegal to import, manufacture, distribute, possess or
use marijuana in the United States; and
WHEREAS, in 1972, California added Chapter 6 to the State Uniform Controlled
Substances Act, commencing at Health and Safety Code section 11350, which established the
state’s prohibition, penalties, and punishments for the possession, cultivation, transportation, and
distribution of marijuana; and
WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (the
"Act;" Health and Safety Code Section 11362.5, et seq.); and
WHEREAS, California courts have held that the Act creates a limited exception from
criminal liability under the state Uniform Controlled Substances Act for seriously ill persons who
are in need of medical marijuana for specified medical purposes and who obtain and use medical
marijuana under limited, specified circumstances; and
WHEREAS, on January 1, 2004, the Medical Marijuana Program (“MMP”), codified as
Health and Safety Code Sections 11362.7 to 11362.83, was enacted by the State Legislature to
clarify the scope of the Act, establish a voluntary program for identification cards issued by
counties for qualified patients and primary caregivers, and provide criminal immunity to qualified
patients and primary caregivers for certain activities involving medical marijuana, including the
collective or cooperative cultivation of medical marijuana; and
WHEREAS, the California Supreme Court ruled unanimously in City of Riverside v. Inland
Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, that the Act and the
MMP do not preempt local ordinances that completely and permanently ban medical marijuana
dispensaries, collectives, and cooperatives; and
WHEREAS, in Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, the Third District
Court of Appeal held, based on Inland Empire, that there was no right to cultivate medical
marijuana and that a city could implement and enforce a complete ban on this activity, including
a ban on personal cultivation; and
WHEREAS, on October 9, 2015, Assembly Bills 243 and 266 and Senate Bill 643
(collectively, the Medical Marijuana Regulation and Safety Act or “MMRSA”) were enacted to
create a State regulatory and licensing system governing the cultivation, testing, and distribution
of medical marijuana, the manufacturing of medical marijuana products, and physician
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Page 2 of 13 Resolution 2023-XX
recommendations for medical marijuana. This legislation preserved local control over marijuana
facilities and land uses, including the authority to completely prohibit marijuana dispensaries,
cultivation and deliveries; and
WHEREAS, several California cities and counties have experienced serious adverse
impacts associated with and resulting from medical marijuana dispensaries, cultivation sites, and
delivery services. According to these communities and according to news stories widely reported,
medical marijuana activities have resulted in and/or caused an increase in crime, including
burglaries, robberies, violence, and illegal sales of marijuana to, and use of marijuana by, minors
and other persons without medical need in the areas immediately surrounding such medical
marijuana activities. There have also been large numbers of complaints of odors related to the
cultivation and storage of marijuana; and
WHEREAS, a California Police Chiefs’ Association compilation of police reports, news
stories, and statistical research regarding crimes involving medical marijuana businesses and
their secondary impacts on the community is contained in a 2009 white paper report; and
WHEREAS, it is reasonable to conclude that medical marijuana dispensaries, marijuana
cultivation facilities, commercial cannabis activities, and medical marijuana deliveries could cause
similar adverse impacts on the public health, safety, and welfare in Brentwood; and
WHEREAS, on November 8, 2016, California voters approved the Control, Regulate and
Tax Adult Use of Marijuana Act (“AUMA”), which allows individuals to possess, use, and cultivate
recreational marijuana in certain amounts. Under this new State law, an adult individual may
possess up to 28.5 grams of non-concentrated marijuana or 8 grams of marijuana in a
concentrated form (e.g., marijuana edibles); and
WHEREAS, the AUMA does not limit local police power authority over commercial
marijuana businesses and land uses. Business and Professions Code Section 26200 provides
that cities may “completely prohibit the establishment or operation of one or more types of
businesses licensed under” the AUMA. Therefore, as under MCRSA, cities have a wide range of
regulatory options under the AUMA to deal with marijuana land uses. These options include an
express ban on all or some of the businesses permitted under the AUMA or a regulatory scheme
for commercial marijuana businesses; and
WHEREAS, on October 24, 2017, the City Council amended Brentwood Municipal Code
Chapters 9.50 and 17.780 to prohibit, in express terms, medical and recreational marijuana
dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical
marijuana deliveries; and
WHEREAS, in 2022 the California Legislature passed and Governor Gavin Newsom
signed into law Senate Bill (“SB”) 1186 (Weiner), the Medicinal Cannabis Patients’ Right of
Access Act (the “Act”). Beginning January 1, 2024, the Act bars a city from adopting or enforcing
any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis to eligible
patients or caregivers in the city; and
WHEREAS, in order to protect the public health, safety, and welfare, the Planning
Commissions desires to recommend that the City Council adopt Ordinance No. _____, Repealing
Chapter 17.780 (Medical Marijuana Facilities) and Replacing It In Its Entirety With a New Chapter
17.780 (Cannabis Facilities And Cultivation) of the Brentwood Municipal Code to regulate
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cannabis dispensaries, cultivation facilities, commercial cannabis activities, and cannabis

deliveries within the City of Brentwood; and
WHEREAS, the Planning Commission has considered the staff report, supporting
documents, public testimony, and all appropriate information that has been submitted with the
proposed project.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Brentwood as follows:
A. Make the following findings:
1. With respect to the California Environmental Quality Act (‘CEQA,’ codified at California
Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA
Guidelines, found at 14 CCR §§ 15000, et seq.), the Planning Commission finds that
the Ordinance in its entirety is exempt from the provisions of the California
because the Planning Commission hereby finds that it can be seen with certainty that
there is no possibility the adoption and implementation of this Ordinance may have a
significant effect on the environment, and the Ordinance is exempt from CEQA
2. With respect to Brentwood Municipal Code Section 17.870.008:

No rezoning of property or text amendment shall occur which is inconsistent with the
city’s community development plan. In making a decision, the planning commission
and council shall consider the consistency of a proposed action with the community
development plan and other applicable city plans, and shall consider whether the
proposed action is inappropriate or otherwise contrary to the public interest.
The Planning Commission hereby finds that this zoning text amendment is consistent
with the City of Brentwood General Plan (as updated July 2014), insomuch as it
implements General Plan Land Use Policy LU 1-1 (“Maintain a supply of developable
commercial, business park, mixed-use, and residential lands sufficient to meet desired
growth and economic needs over the planning period”). The Ordinance does this by
maintaining the City’s prohibition on the establishment of cannabis cultivation facilities,
medical cannabis facilities, and non-medical cannabis facilities, while allowing for the
State-mandated delivery of medicinal cannabis, as required by Senate Bill 1186
(2022). The proposed action is thus neither inappropriate nor otherwise contrary to
the public interest, as it carries out the directive of State law.
B. Hereby recommends that the City Council adopt Ordinance No. _____, Repealing Chapter
17.780 (Medical Marijuana Facilities) and Replacing It In Its Entirety With a New Chapter
17.780 (Cannabis Facilities And Cultivation) of the Brentwood Municipal Code to regulate
cannabis dispensaries, cultivation facilities, commercial cannabis activities, and cannabis
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ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting of
September 19, 2023, by the following vote:
AYES:
NOES:
ABSENT:
RECUSE:
APPROVED:
Anita Roberts
Planning Commissioner Chair
ATTEST:
Erik Nolthenius
Planning Manager
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ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

REPEALING CHAPTER 17.780 (MEDICAL MARIJUANA FACILITIES) AND
REPLACING IT IN ITS ENTIRETY WITH A NEW CHAPTER 17.780 (CANNABIS
FACILITIES AND CULTIVATION) OF THE BRENTWOOD MUNICIPAL CODE
TO REGULATE CANNABIS DELIVERIES WITHIN THE CITY OF BRENTWOOD


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signed into law SB 1186 (Weiner), the Medicinal Cannabis Patients’ Right of Access Act (the
“Act”). Beginning January 1, 2024, the Act bars a city from adopting or enforcing any regulation
that directly or indirectly prohibits retail delivery of medicinal cannabis to eligible patients or
caregivers in the city; and
WHEREAS, in order to protect the public health, safety, and welfare, the City Council
desires to amend Brentwood Municipal Code Chapter 9.50 to regulate cannabis dispensaries,
cultivation facilities, commercial cannabis activities, and cannabis deliveries; and
WHEREAS, on September 19, 2023, the Planning Commission held a duly-noticed public
hearing to consider the staff report, recommendation by staff, and public testimony concerning
this Ordinance. Following the public hearing, the Planning Commission voted to forward the
Ordinance to the City Council with a recommendation in favor of its adoption; and
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WHEREAS, on September 29, 2023, the City gave public notice of a City Council public
hearing to be held to consider this Ordinance by advertisement in the Brentwood Press; and
WHEREAS, on October 10, 2023, the City Council held a duly-noticed public hearing to
consider the Ordinance, including the public testimony and agenda reports prepared in connection
with the Ordinance, as well as the policy considerations discussed therein; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as
follows:
SECTION 1. Recitals. The recitals set forth above are incorporated into this Ordinance
as though fully set forth herein.
SECTION 2. Zoning Text Amendment. The City Council hereby finds that, with respect
to Brentwood Municipal Code Section 17.870.008:
No rezoning of property or text amendment shall occur which is inconsistent with the city’s
community development plan. In making a decision, the planning commission and council
shall consider the consistency of a proposed action with the community development plan
and other applicable city plans, and shall consider whether the proposed action is
inappropriate or otherwise contrary to the public interest.
This zoning text amendment is consistent with the City of Brentwood General Plan (as
updated July 2014), insomuch as it implements General Plan Land Use Policy LU 1-1
(“Maintain a supply of developable commercial, business park, mixed-use, and residential
lands sufficient to meet desired growth and economic needs over the planning period”).
The Ordinance does this by maintaining the City’s prohibition on the establishment of
cannabis cultivation facilities, medical cannabis facilities, and non-medical cannabis
facilities, while allowing for the State-mandated delivery of medicinal cannabis, as required
by Senate Bill 1186 (2022). The proposed action is thus neither inappropriate nor
otherwise contrary to the public interest, as it carries out the directive of State law.
SECTION 3. Repealing and Replacing Former Chapter 17.780. Chapter 17.780 is

hereby repealed and replaced in its entirety with a new Chapter 17.780, which is set forth in
Exhibit “A”, attached hereto and incorporated herein.
SECTION 4. Compliance with CEQA. The City Council hereby finds that the action to
adopt this Ordinance to replace Chapter 17.780 of the Brentwood Municipal Code in its entirety
is exempt from the provisions of the California Environmental Quality Act (Public Resources Code
Section 21000, et seq.) (CEQA) because the City Council hereby finds that it can be seen with
certainty that there is no possibility the adoption and implementation of this Ordinance may have
a significant effect on the environment, and the Ordinance is exempt from CEQA pursuant to
CEQA Guidelines Sections 15061(b)(1), 15061(b)(2), and 15061(b)(3).
SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this

Ordinance or its attachments is for any reason held to be invalid or unconstitutional by the decision
of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the
remaining provisions, and the City Council declares that it would have adopted each provision of
this ordinance irrespective of the validity of any other provision.
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SECTION 6. Inclusion in the Brentwood Municipal Code. It is the intention of the

Brentwood City Council that the text in Exhibit A of this Ordinance be made a part of the
Brentwood Municipal Code and that the text may be renumbered or re-lettered and the word
"Ordinance" may be changed to "Section," "Chapter," or such other appropriate word or phrase
to accomplish this intention.
SECTION 7. Publication and Effective Date. This Ordinance shall be published in

accordance with Government Code Section 36933 by either posting or publishing the Ordinance
in accordance with that law. Further, the City Clerk is directed to cause Chapter 17.780, as
provided in Exhibit A, to be entered in the City of Brentwood Municipal Code. This Ordinance shall
take effect and be in force 30 days following its adoption.
The foregoing ordinance was introduced with the first reading waived at a regular meeting
of the Brentwood City Council on the 10th day of October, 2023 by the following vote:
AYES:
NOES:
ABSENT:
RECUSE:
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EXHIBIT A
Chapter 17.780
CANNABIS FACILITIES AND CULTIVATION
17.780.010 Purpose.
17.780.020 Definitions.
17.780.030 Medicinal cannabis facilities prohibited.
17.780.040 cannabis cultivation prohibited.
17.780.050 Non-medicinal cannabis facilities prohibited.
17.780.060 Non-medicinal cannabis delivery and transport prohibited.
17.780.070 State and federal law prohibitions and restrictions.
17.780.080 Enforcement.
17.780.010 Purpose.
The purpose and intent of this chapter is to prohibit cannabis cultivation facilities, medicinal
cannabis facilities, non-medicinal cannabis facilities, and non-medicinal cannabis deliveries, as
defined below, within the city limits. It is recognized that it is a federal violation under the
Controlled Substances Act to possess or distribute cannabis even if for medical purposes.
Additionally, there is evidence of an increased incidence of crime-related secondary impacts in
locations associated with cannabis facilities and in connection with cannabis deliveries, which is
contrary to policies that are intended to promote and maintain the public’s health, safety, and
welfare. (Ord. 993 § 2, 2017)
The following definitions shall apply to the provisions of this chapter:
“Cannabis (also known as “marijuana”) means any or all parts of the plant Cannabis sativa
Linnaues, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the
resin or separated resin, whether crude or purified, extracted from any part of the plant; and every
compound, manufactured, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
“Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis.
“Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or
cake made from the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or
cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this
division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health
and Safety Code.
“Cannabis product” means cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to, concentrated
cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other
ingredients.
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“Commercial cannabis activity” means the cultivation, possession, manufacturing,

distribution, processing, storing, labeling, or sale of cannabis and cannabis products for
commercial purposes, whether for profit or nonprofit, and for which a state license is required
under Business and Professions Code section 26000 et seq. .
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
“Delivery” means the commercial transfer of cannabis or cannabis products to a

customer.
“Distribution” means the procurement, wholesale sale, and transport of cannabis products
between entities permitted or licensed under this chapter, another local California jurisdiction, or
state law.
“Establish” or “operate” a cannabis cultivation facility, medicinal cannabis dispensary, or

non-medicinal cannabis facility means and includes any of the following:
1. The opening or commencement of the operation of a cannabis cultivation facility,

medicinal Cannabis facility, or non-medicinal Cannabis facility;
2. The conversion of an existing business, facility, use, establishment, or location to a

cannabis cultivation facility, medicinal cannabis facility, or non-medicinal cannabis facility;
3. The addition of a cannabis cultivation facility, medicinal cannabis facility, or non-medicinal

cannabis facility to any other existing business, facility, use, establishment or location.
“Medicinal cannabis” is cannabis or a cannabis product, respectively, intended to be sold

or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in
Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who
possesses a physician’s recommendation, or in compliance with any compassionate use, equity,
or other similar program administered by a local jurisdiction.
“Medicinal cannabis facility” means any business, facility, use, establishment, property, or
location, whether fixed or mobile, where medicinal cannabis is sold, made available, delivered
and/or distributed by or to three or more people. A “medicinal cannabis facility” includes any
business, facility, use, establishment, property, or location, whether fixed or mobile, where a
commercial cannabis activity, as defined by Business and Professions Code Section 26001(k),
takes place. A “medicinal cannabis facility” does not include the following uses, as long as the
location of such uses are otherwise regulated by this code or applicable law and as long as any
use of cannabis complies strictly with applicable law including, but not limited to, Health and
Safety Code Section 11362.5 et seq.:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
2. A health care 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 3.01 of Division 2 of the Health and Safety Code;
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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.
“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.
“Non-medicinal cannabis facility” means any building, facility, use, establishment,

property, or location where any person or entity establishes, commences, engages in, conducts,
or carries on, or permits another person or entity to establish, commence, engage in, conduct, or
carry on, any activity that requires a state license or nonprofit license under Business and
Professions Code Section 26000 et seq., including, but not limited to, cannabis cultivation,
cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis
products, cannabis processing, the sale of any cannabis or cannabis products, and the operation
of a cannabis microbusiness. (Ord. 993 § 2, 2017)
Medicinal cannabis facilities are prohibited in all zoning districts in the city and shall not be
established or operated anywhere in the city. The city shall not issue, approve or grant any permit,
license or other entitlement for the establishment or operation of a medicinal cannabis facility
within the city. No person may be the lessor of property where a medicinal cannabis facility is
located. No person may participate as an employee, contractor, agent, volunteer, or in any
manner or capacity in any medicinal cannabis facility in the city. (Ord. 993 § 2, 2017)
17.780.040 Cannabis cultivation prohibited.
No person or entity may cultivate cannabis at any location in the city, except that a person may
cultivate cannabis plants inside his or her private residence, or inside an accessory structure to
his or her private residence located upon the grounds of that private residence that is fully
enclosed and secured against unauthorized entry, provided that the owner of the property
provides written consent expressly allowing the cannabis cultivation to occur, the person
conducting the cannabis cultivation complies with all applicable Building Code requirements set
forth in Title 8 of the Municipal Code, there is no use of gas products (including, but not limited to,
CO2, butane, propane, and natural gas) on the property for purposes of cannabis cultivation, and
the cannabis cultivation complies with Health and Safety Code Section 11362.2(a)(3). Not more
than six living plants may be planted, cultivated, harvested, dried, or processed within a single
private residence, or upon the grounds of that private residence, at one time. (Ord. 993 § 2, 2017)
Non-mediincal cannabis facilities are prohibited in all zoning districts in the city and shall not
be established or operated anywhere in the city. The city shall not issue, approve or grant any
Page 54 of 317
permit, license or other entitlement for the establishment or operation of a non-medicinal cannabis
facility. No person may be the lessor of property where a non-medicinal cannabis facility is
manner or capacity in any non-medicinal cannabis facility in the city. (Ord. 993 § 2, 2017)
A. Except as set forth in subsection (C) below, origination or acceptance of deliveries of

cannabis for any purpose is prohibited in all zoning districts in the city.
B. Except as set forth in subsection (C) below, no person and/or entity may deliver or
transport cannabis, including medicinal cannabis, from any fixed or mobile location, either inside
or outside the city, to any person in the city.
C. As an exception to subsection A and above, and as required by the Medicinal Cannabis

Patients’ Right of Access Act (Business and Professions Code Sections 26321, et seq.) a person
may deliver or transport medicinal cannabis to a medicinal cannabis patient, subject to the
following requirements:
1. Deliveries of medicinal cannabis to a medicinal cannabis patient must be made to fixed

addresses and may not occur at locations such as schools, day care centers, youth
centers, public parks and open spaces, public buildings, and establishments serving
food or beverages.
2. A retailer with a physical address outside of the city that wishes to deliver medicinal
cannabis or medicinal cannabis products to a patient or customer within city limits is
required to obtain a City business license prior to commencing any delivery service
within city limits.
3. All medicinal cannabis or medicinal cannabis products must be securely packaged

and labeled according to State regulations, ensuring that they are not accessible to
minors during transit.
4. Delivery vehicles must adhere to safety and security standards, which include GPS
tracking, alarms, and secure storage.

promotional materials is prohibited, except for any equipment, products or materials
necessary to enable a qualified patient to ingest, inhale, or otherwise
D. This Section shall not be interpreted as prohibiting medicinal cannabis patients within the
city from purchasing by delivery sufficient medicinal cannabis to meet their demands in a
timely and readily accessible manner.
Page 55 of 317
A. The purpose of this chapter is to prohibit all cannabis activities for which a state license
is required. Accordingly, the city shall not issue any permit, license or other entitlement for any
commercial cannabis activity for which a state license is required.
B. Nothing contained in this section shall be deemed to permit or authorize any use or
activity that is otherwise prohibited by any state or federal law. (Ord. 993 § 2, 2017)
The city may enforce this chapter in any manner permitted by law. The violation of this chapter
shall be and is hereby declared to be a public nuisance and contrary to the public interest and
shall, at the discretion of the city, create a cause of action for injunctive relief. In addition, violators
may be punished pursuant to Title 1 of this code. These remedies are deemed to be cumulative
and in addition to all other remedies under this code and state and federal law. (Ord. 993 § 2,
2017)
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FAQ: The Medicinal Cannabis Patients’ Right of Access Act
In 2022, the Legislature passed and Gov. Gavin Newsom signed into law SB 1186 (Wiener),
the Medicinal Cannabis Patients’ Right of Access Act (Act). 1 Beginning Jan. 1, 2024, the Act
bars a city2 from adopting or enforcing any regulation that directly or indirectly prohibits
retail delivery of medicinal cannabis3 to patients or caregivers in the city. 4
What limits does the Act impose on local authority?
Under the Act, a city cannot adopt or enforce regulations that prohibit the “retail sale by
delivery” of medicinal cannabis. This includes any regulation that has the effect of
prohibiting patients within the city or their caregivers from purchasing, by delivery, sufficient
medicinal cannabis to meet their demands in a timely and readily accessible manner.
Examples of prohibited regulations include those that:
1. Limit the number of businesses authorized to deliver medicinal cannabis in the city.
2. Limit the operating hours 5 of medicinal cannabis businesses.
3. Limit the number or frequency of medicinal cannabis sales by delivery.
4. Limit the types or quantities of medicinal cannabis.
5. Require the establishment of physical premises within the city. 6
The Act does not prevent a city from adopting or enforcing reasonable regulations on retail
delivery of medicinal cannabis related to:
1. Zoning requirements.
2. Security or public health and safety requirements.
3. Licensing requirements.
4. Imposing or collecting applicable state or local taxes on retail sales of medicinal
cannabis occurring within the city.
5. Regulations consistent with requirements or restrictions imposed on cannabis
businesses by state law or regulations issued by the California Department of
Cannabis Control (DCC). 7
What principles should cities keep in mind as they draft new ordinances?
Cities that prohibit the delivery of cannabis must repeal or stop enforcing any prohibition on
retail delivery of medicinal cannabis to patients or caregivers in the city.
1. Cal. Bus. & Prof. Code §§ 26320-26325. In enacting the Act, the Legislature determined that access to medicinal
cannabis is an integral aspect of access to health care and sought to ensure that Californians throughout the state
have timely and convenient access to safe, effective, and affordable medicinal cannabis. (Cal. Bus. & Prof. Code §
26320.)
2. Note: With respect to charter city authority, the Act states: “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.” (Cal. Bus. &
Prof. Code § 26325.)
3. Full local control is maintained for commercial adult-use cannabis deliveries. (Cal. Bus. & Prof. Code § 26324.)
4. Cal. Bus. & Prof. Code § 26322.
5. Note: Under state law, licensed retailers may only engage in sales and deliveries of cannabis between the hours of
6:00 a.m. and 10:00 p.m. (Cal. Code Regs. § 15403.)
6. Cal. Bus. & Prof. Code § 26322(a)(1)-(5).
7. Cal. Bus. & Prof. Code § 26322(b)(1)-(5).
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

Page 64 of 317
Cities adopting or amending cannabis ordinances should consider whether to:
1. Regulate medicinal cannabis delivery or simply not prohibit it. The DCC regulates the
delivery of medicinal cannabis. 8 A city will want to consider whether to leave
regulation to the DCC or adopt its own reasonable regulations, as outlined above. 9
2. Require a business license (and payment of business license tax) to deliver medicinal
cannabis within the city. A business license tax may be imposed at either a flat rate
or proportionate to sales within the city.
3. Limit the number of non-storefront retailers with physical premises in the city.10
4. Place an explicit prohibition on the delivery of “cannabis accessories,” 11 branded
merchandise of the licensee, or “promotional materials.” 12 The Act only requires the
delivery of “cannabis” 13 and “cannabis products.” 14
5. Include a statement that the ordinance shall not be interpreted as prohibiting
patients within the city or their caregivers from purchasing by delivery sufficient
medicinal cannabis to meet their demands in a timely and readily accessible
manner.
For a complete discussion of regulating cannabis, see Part 3 of Seed to Sale: A Guide to
Regulating Cannabis in California Cities (2021). 15 For examples of city ordinances and
regulations that allowed for the delivery of cannabis before the adoption of SB 1186, see:
City of Burlingame Town of Truckee

City of Coachella City of West Hollywood
City of Palm Springs City of Wildomar
City of San Luis Obispo Town of Yountville
Are there any resources available for cities that need to comply with the Act?
Yes. The 2022-23 State Budget included $20.5 million for the Retail Access Grant, which helps
local governments develop and implement cannabis retailer licensing programs. More
information about the Retail Access Grant can be found on the DCC’s website and in the
DCC’s Grant Guidelines (Feb. 2023).
8. Cal. Code Regs., tit. 4, §§ 15414-15421.

9. Cal. Bus. & Prof. Code § 26322(b)(5).
10. But remember, the ordinance cannot require the physical presence of a non-storefront retailer. Any limit on the
number of non-storefront retailers with a physical premises in the city may not have the effect of prohibiting delivery
of sufficient amount to respond to need.
11. Cal. Code of Regs., tit. 4, § 15000, subd. (g).
12. Cal. Code Regs., tit. 4, § 15000, subd. (ggg).
13. Cal. Health & Saf. Code § 11018.
14. Cal. Code Regs., tit. 4, § 15000, subd. (j).
15. Note: the Guide was published before the adoption of SB 1186.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF BRENTWOOD REPEALING BRENTWOOD

MUNICIPAL CODE CHAPTER 9.50 (MEDICAL MARIJUANA FACILITIES) AND
REPLACING IT IN ITS ENTIRETY WITH NEW BRENTWOOD MUNICIPAL
CODE CHAPTER 9.50 (CANNABIS FACILITIES AND CULTIVATION)


Page 66 of 317


Page 67 of 317
follows:
SECTION 2. Repealing and Replacing Former Chapter 9.50. Brentwood Municipal

Code Chapter 9.50 is hereby repealed and replaced in its entirety with the new Chapter 9.50,
attached hereto as Exhibit A and incorporated herein by reference.
adopt this Ordinance to replace Chapter 9.50 of the Brentwood Municipal Code in its entirety is
exempt from the provisions of the California Environmental Quality Act (Public Resources Code



in accordance with that law. Further, the City Clerk is directed to cause Chapter 9.50, as provided
in Exhibit A, to be entered in the City of Brentwood Municipal Code. This Ordinance shall take
effect and be in force 30 days following its adoption.
AYES:
NOES:
ABSENT:
RECUSE:
Page 68 of 317
EXHIBIT A
Chapter 9.50
9.50.010 Purpose.
9.50.010 Purpose.
welfare. (Ord. 993 § 2, 2017)
and Safety Code.
ingredients.
Page 69 of 317

customer.
state law.





Code;
Page 70 of 317



Non-medicinal cannabis facilities are prohibited in all zoning districts in the city and shall not
Page 71 of 317



food or beverages.
within city limits.


Page 72 of 317
2017)
Page 73 of 317
EXHIBIT A
Chapter 9.50
MARIJUANA CANNABIS FACILITIES AND CULTIVATION
9.50.010 Purpose.
9.50.030 Medicinal marijuanacannabis facilities prohibited.
9.50.040 MarijuanaCannabis cultivation prohibited.
9.50.050 Non-medicinal marijuanacannabis facilities prohibited.
9.50.060 MarijuanaNon-medicinal cannabis delivery and transport prohibited.
9.50.010 Purpose.
The purpose and intent of this chapter is to prohibit marijuanacannabis cultivation facilities,
medicinal marijuanacannabis facilities, non-medicinal marijuanacannabis facilities, and
marijuananon-medicinal cannabis deliveries, as defined below, within the city limits. It is
recognized that it is a federal violation under the Controlled Substances Act to possess or
distribute marijuanacannabis even if for medical purposes. Additionally, there is evidence of an
increased incidence of crime-related secondary impacts in locations associated with
marijuanacannabis facilities and in connection with marijuanacannabis deliveries, which is
welfare. (Ord. 993 § 2, 2017)
and Safety Code.
ingredients.
Page 74 of 317
under shall have the meaning set forth in Business and Professions Code section 260001 et seq.
shall have the meaning set forth in Business and Professions Code Section 26001(k).
grading, or trimming of marijuanacannabis.

customer.
state law.
“Establish” or “operate” a marijuanacannabis cultivation facility, medicinal

marijuanacannabis dispensary, or non-medicinal marijuanacannabis facility means and includes
any of the following:
1. The opening or commencement of the operation of a marijuanacannabis cultivation

facility, medicinal marijuanaCannabis facility, or non-medicinal marijuanaCannabis facility;

marijuanacannabis cultivation facility, medicinal marijuanacannabis facility, or non-medicinal
marijuanacannabis facility;
3. The addition of a marijuanacannabis cultivation facility, medicinal marijuanacannabis

facility, or non-medicinal marijuanacannabis facility to any other existing business, facility, use,
establishment or location.
“Marijuana” shall have the meaning set forth in Health and Safety Code Section 11018 as of
the effective date of the ordinance codified in this chapter and as subsequently amended.
“Medicinal marijuanacannabis” is marijuanacannabis or a cannabis product, respectively,

intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996
(Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal
cannabis patient in California who possesses a physician’s recommendation, or in compliance
with any compassionate use, equity, or other similar program administered by a local jurisdiction.
used for medical purposes where that medical use is deemed appropriate and has been
recommended by a physician who has determined that the person’s health would benefit from the
use of marijuana in the treatment of acquired immune deficiency syndrome (“AIDS”), anorexia,
arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical
condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health
and Safety Code Section 11362.7.
“Medicinal marijuanacannabis facility” means any business, facility, use, establishment,

property, or location, whether fixed or mobile, where medicinal marijuanacannabis is sold, made
Page 75 of 317
available, delivered and/or distributed by or to three or more people. A “medicinal
marijuanacannabis facility” includes any business, facility, use, establishment, property, or
location, whether fixed or mobile, where a commercial cannabis activity, as defined by Business
and Professions Code Section 26001(k), takes place. A “medicinal marijuanacannabis facility”
does not include the following uses, as long as the location of such uses are otherwise regulated
by this code or applicable law and as long as any use of marijuanacannabis complies strictly with
applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.:
Code;


“Non-medicinal marijuanacannabis facility” means any building, facility, use,

establishment, property, or location where any person or entity establishes, commences, engages
in, conducts, or carries on, or permits another person or entity to establish, commence, engage
in, conduct, or carry on, any activity that requires a state license or nonprofit license
under Business and Professions Code Section 26000 et seq., including, but not limited to,
marijuanacannabis cultivation, marijuanacannabis distribution, marijuanacannabis transportation,
marijuanacannabis storage, manufacturing of marijuanacannabis products, marijuanacannabis
processing, the sale of any marijuanacannabis or marijuanacannabis products, and the operation
of a marijuanacannabis microbusiness. (Ord. 993 § 2, 2017)
Medicinal marijuanacannabis facilities are prohibited in all zoning districts in the city and shall
not be established or operated anywhere in the city. The city shall not issue, approve or grant any
permit, license or other entitlement for the establishment or operation of a medicinal
marijuanacannabis facility within the city. No person may be the lessor of property where a
medicinal marijuanacannabis facility is located. No person may participate as an employee,
contractor, agent, volunteer, or in any manner or capacity in any medicinal marijuanacannabis
facility in the city. (Ord. 993 § 2, 2017)
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No person or entity may cultivate marijuanacannabis at any location in the city, except that a
person may cultivate marijuanacannabis plants inside his or her private residence, or inside an
accessory structure to his or her private residence located upon the grounds of that private
residence that is fully enclosed and secured against unauthorized entry, provided that the owner
of the property provides written consent expressly allowing the marijuanacannabis cultivation to
occur, the person conducting the marijuanacannabis cultivation complies with all applicable
Building Code requirements set forth in Title 8 of the Municipal Code, there is no use of gas
products (including, but not limited to, CO2, butane, propane, and natural gas) on the property for
purposes of marijuanacannabis cultivation, and the marijuanacannabis cultivation complies
with Health and Safety Code Section 11362.2(a)(3). Not more than six living plants may be
planted, cultivated, harvested, dried, or processed within a single private residence, or upon the
grounds of that private residence, at one time. (Ord. 993 § 2, 2017)
Non-mediincal marijuanacannabis facilities are prohibited in all zoning districts in the city and
shall not be established or operated anywhere in the city. The city shall not issue, approve or
grant any permit, license or other entitlement for the establishment or operation of a non-medicinal
marijuanacannabis facility. No person may be the lessor of property where a non-medicinal
marijuanacannabis facility is located. No person may participate as an employee, contractor,
agent, volunteer, or in any manner or capacity in any non-medicinal marijuanacannabis facility in
the city. (Ord. 993 § 2, 2017)
A. Except as set forth in subsection (C) below, Oorigination or acceptance of deliveries of

marijuanacannabis for any purpose is prohibited in all zoning districts in the city.
B. Except as set forth in subsection (C) below, Nno person and/or entity may deliver or
transport marijuanacannabis, including medicinal marijuanacannabis, from any fixed or mobile
location, either inside or outside the city, to any person in the city.
C. As an exception to subsections A and B above, and as required by the Medicinal

Cannabis Patients’ Right of Access Act (Business and Professions Code Sections 26321, et seq.)
a person may deliver or transport medicinal marijuanacannabis to a qualified medicinal cannabis
patient, subject to the following requirements: or person with an identification card, as those terms
are defined in Health and Safety Code Section 11362.7, for whom he or she is the primary
caregiver within the meaning of Health and Safety Code Sections 11362.5 and 11362.7(d). (Ord.
993 § 2, 2017)

food or beverages.
Page 77 of 317
within city limits.

5. ThThe delivery of cannabis accessories, branded merchandise of the licensee, or

D. This Section shall not be interpreted as prohibiting medicinal cannbbabis patients within
the city from purchasing by delivery sufficient medicinal cannabis to meet their demands
in a timely and readily accessible manner.
A. The purpose of this chapter is to prohibit all marijuanacannabis activities for which a state
license is required. Accordingly, the city shall not issue any permit, license or other entitlement
for any commercial cannabis activity for which a state license is required.
activity which that is otherwise prohibited by any state or federal law. (Ord. 993 § 2, 2017)
2017)
Page 78 of 317
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

REPEALING CHAPTER 17.780 (MEDICAL MARIJUANA FACILITIES) AND
REPLACING IT IN ITS ENTIRETY WITH A NEW CHAPTER 17.780 (CANNABIS
FACILITIES AND CULTIVATION) OF THE BRENTWOOD MUNICIPAL CODE
TO REGULATE CANNABIS DELIVERIES WITHIN THE CITY OF BRENTWOOD


Page 79 of 317


WHEREAS, on September 19, 2023, the Planning Commission held a duly-noticed public
hearing to consider the staff report, recommendation by staff, and public testimony concerning
this Ordinance. Following the public hearing, the Planning Commission voted to forward the
Ordinance to the City Council with a recommendation in favor of its adoption; and
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follows:
SECTION 2. Zoning Text Amendment. The City Council hereby finds that, with respect
to Brentwood Municipal Code Section 17.870.008:
No rezoning of property or text amendment shall occur which is inconsistent with the city’s
community development plan. In making a decision, the planning commission and council
shall consider the consistency of a proposed action with the community development plan
and other applicable city plans, and shall consider whether the proposed action is
inappropriate or otherwise contrary to the public interest.
This zoning text amendment is consistent with the City of Brentwood General Plan (as
updated July 2014), insomuch as it implements General Plan Land Use Policy LU 1-1
(“Maintain a supply of developable commercial, business park, mixed-use, and residential
lands sufficient to meet desired growth and economic needs over the planning period”).
The Ordinance does this by maintaining the City’s prohibition on the establishment of
cannabis cultivation facilities, medical cannabis facilities, and non-medical cannabis
facilities, while allowing for the State-mandated delivery of medicinal cannabis, as required
by Senate Bill 1186 (2022). The proposed action is thus neither inappropriate nor
otherwise contrary to the public interest, as it carries out the directive of State law.
SECTION 3. Repealing and Replacing Former Chapter 17.780. Chapter 17.780 is

hereby repealed and replaced in its entirety with a new Chapter 17.780, which is set forth in
Exhibit “A”, attached hereto and incorporated herein.
adopt this Ordinance to replace Chapter 17.780 of the Brentwood Municipal Code in its entirety
is exempt from the provisions of the California Environmental Quality Act (Public Resources Code

Page 81 of 317

in accordance with that law. Further, the City Clerk is directed to cause Chapter 17.780, as
provided in Exhibit A, to be entered in the City of Brentwood Municipal Code. This Ordinance shall
take effect and be in force 30 days following its adoption.
AYES:
NOES:
ABSENT:
RECUSE:
Page 82 of 317
EXHIBIT A
Chapter 17.780
17.780.010 Purpose.
17.780.040 cannabis cultivation prohibited.
17.780.010 Purpose.
welfare. (Ord. 993 § 2, 2017)
and Safety Code.
ingredients.
Page 83 of 317

customer.
state law.





Code;
Page 84 of 317



Non-mediincal cannabis facilities are prohibited in all zoning districts in the city and shall not
Page 85 of 317



food or beverages.
within city limits.


Page 86 of 317
2017)
Page 87 of 317
EXHIBIT A
Chapter 17.780
MARIJUANA CANNABIS FACILITIES AND CULTIVATION
17.780.010 Purpose.
17.780.040 Marijuanacannabis cultivation prohibited.
17.780.010 Purpose.
The purpose and intent of this chapter is to prohibit marijuanacannabis cultivation facilities,
medicinal marijuanacannabis facilities, non-medicinal marijuanacannabis facilities, and
marijuananon-medicinal cannabis deliveries, as defined below, within the city limits. It is
recognized that it is a federal violation under the Controlled Substances Act to possess or
distribute marijuanacannabis even if for medical purposes. Additionally, there is evidence of an
increased incidence of crime-related secondary impacts in locations associated with
marijuanacannabis facilities and in connection with marijuanacannabis deliveries, which is
welfare. (Ord. 993 § 2, 2017)
and Safety Code.
ingredients.
Page 88 of 317
under shall have the meaning set forth in Business and Professions Code section 260001 et seq.
shall have the meaning set forth in Business and Professions Code Section 26001(k).
grading, or trimming of marijuanacannabis.

customer.
state law.
“Establish” or “operate” a marijuanacannabis cultivation facility, medicinal

marijuanacannabis dispensary, or non-medicinal marijuanacannabis facility means and includes
any of the following:
1. The opening or commencement of the operation of a marijuanacannabis cultivation

facility, medicinal marijuanaCannabis facility, or non-medicinal marijuanaCannabis facility;

marijuanacannabis cultivation facility, medicinal marijuanacannabis facility, or non-medicinal
marijuanacannabis facility;
3. The addition of a marijuanacannabis cultivation facility, medicinal marijuanacannabis

facility, or non-medicinal marijuanacannabis facility to any other existing business, facility, use,
establishment or location.
“Marijuana” shall have the meaning set forth in Health and Safety Code Section 11018 as of
the effective date of the ordinance codified in this chapter and as subsequently amended.
“Medicinal marijuanacannabis” is marijuanacannabis or a cannabis product, respectively,

intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996
(Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal
cannabis patient in California who possesses a physician’s recommendation, or in compliance
with any compassionate use, equity, or other similar program administered by a local jurisdiction.
used for medical purposes where that medical use is deemed appropriate and has been
recommended by a physician who has determined that the person’s health would benefit from the
use of marijuana in the treatment of acquired immune deficiency syndrome (“AIDS”), anorexia,
arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical
condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health
and Safety Code Section 11362.7.
“Medicinal marijuanacannabis facility” means any business, facility, use, establishment,

property, or location, whether fixed or mobile, where medicinal marijuanacannabis is sold, made
Page 89 of 317
available, delivered and/or distributed by or to three or more people. A “medicinal
marijuanacannabis facility” includes any business, facility, use, establishment, property, or
location, whether fixed or mobile, where a commercial cannabis activity, as defined by Business
and Professions Code Section 26001(k), takes place. A “medicinal marijuanacannabis facility”
does not include the following uses, as long as the location of such uses are otherwise regulated
by this code or applicable law and as long as any use of marijuanacannabis complies strictly with
applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.:
Code;


“Non-medicinal marijuanacannabis facility” means any building, facility, use,

establishment, property, or location where any person or entity establishes, commences, engages
in, conducts, or carries on, or permits another person or entity to establish, commence, engage
in, conduct, or carry on, any activity that requires a state license or nonprofit license
under Business and Professions Code Section 26000 et seq., including, but not limited to,
marijuanacannabis cultivation, marijuanacannabis distribution, marijuanacannabis transportation,
marijuanacannabis storage, manufacturing of marijuanacannabis products, marijuanacannabis
processing, the sale of any marijuanacannabis or marijuanacannabis products, and the operation
of a marijuanacannabis microbusiness. (Ord. 993 § 2, 2017)
Medicinal marijuanacannabis facilities are prohibited in all zoning districts in the city and shall
not be established or operated anywhere in the city. The city shall not issue, approve or grant any
permit, license or other entitlement for the establishment or operation of a medicinal
marijuanacannabis facility within the city. No person may be the lessor of property where a
medicinal marijuanacannabis facility is located. No person may participate as an employee,
contractor, agent, volunteer, or in any manner or capacity in any medicinal marijuanacannabis
facility in the city. (Ord. 993 § 2, 2017)
Page 90 of 317
No person or entity may cultivate marijuanacannabis at any location in the city, except that a
person may cultivate marijuanacannabis plants inside his or her private residence, or inside an
accessory structure to his or her private residence located upon the grounds of that private
residence that is fully enclosed and secured against unauthorized entry, provided that the owner
of the property provides written consent expressly allowing the marijuanacannabis cultivation to
occur, the person conducting the marijuanacannabis cultivation complies with all applicable
Building Code requirements set forth in Title 8 of the Municipal Code, there is no use of gas
products (including, but not limited to, CO2, butane, propane, and natural gas) on the property for
purposes of marijuanacannabis cultivation, and the marijuanacannabis cultivation complies
with Health and Safety Code Section 11362.2(a)(3). Not more than six living plants may be
planted, cultivated, harvested, dried, or processed within a single private residence, or upon the
grounds of that private residence, at one time. (Ord. 993 § 2, 2017)
Non-mediincal marijuanacannabis facilities are prohibited in all zoning districts in the city and
shall not be established or operated anywhere in the city. The city shall not issue, approve or
grant any permit, license or other entitlement for the establishment or operation of a non-medicinal
marijuanacannabis facility. No person may be the lessor of property where a non-medicinal
marijuanacannabis facility is located. No person may participate as an employee, contractor,
agent, volunteer, or in any manner or capacity in any non-medicinal marijuanacannabis facility in
the city. (Ord. 993 § 2, 2017)
A. Except as set forth in subsection (C) below, Oorigination or acceptance of deliveries of

marijuanacannabis for any purpose is prohibited in all zoning districts in the city.
B. Except as set forth in subsection (C) below, Nno person and/or entity may deliver or
transport marijuanacannabis, including medicinal marijuanacannabis, from any fixed or mobile
location, either inside or outside the city, to any person in the city.
C. As an exception to subsections A and B above, and as required by the Medicinal

Cannabis Patients’ Right of Access Act (Business and Professions Code Sections 26321, et seq.)
a person may deliver or transport medicinal marijuanacannabis to a qualified medicinal cannabis
patient, subject to the following requirements: or person with an identification card, as those terms
are defined in Health and Safety Code Section 11362.7, for whom he or she is the primary
caregiver within the meaning of Health and Safety Code Sections 11362.5 and 11362.7(d). (Ord.
993 § 2, 2017)

food or beverages.
Page 91 of 317
within city limits.


promotional materials is prohibited.The delivery of cannabis accessories, branded
merchandise of the licensee, or promotional materials is prohibited, except for any
equipment, products or materials necessary to enable a qualified patient to ingest,
inhale, or otherwise introduce cannabis or cannabis products into the human body.
D. This Section shall not be interpreted as prohibiting medicinal cannbbabis patients within
the city from purchasing by delivery sufficient medicinal cannabis to meet their demands
in a timely and readily accessible manner.
A. The purpose of this chapter is to prohibit all marijuanacannabis activities for which a state
license is required. Accordingly, the city shall not issue any permit, license or other entitlement
for any commercial cannabis activity for which a state license is required.
activity which that is otherwise prohibited by any state or federal law. (Ord. 993 § 2, 2017)
2017)
Page 92 of 317

BrentwoodStaffReport SB1186

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BrentwoodStaffReport SB1186

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CITY COUNCIL AGENDA ITEM NO. G.

SUBJECT: Amendments to the Brentwood Municipal Code in response to SB

DEPARTMENT: City Manager

STAFF: Darin Gale, Assistant City Manager

There is no fiscal impact associated with this action.

PROPOSITION 64: THE “CONTROL, REGULATE AND TAX ADULT USE OF

SENATE BILL 1186 – MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS

As provided in SB 1186, the state Legislature has determined that:

Access to medicinal cannabis is an integral aspect of access to health care, and

1. Deliveries of medicinal cannabis to a medicinal cannabis patient would have to

3. All medicinal cannabis or medicinal cannabis products would have to be

4. Delivery vehicles would be required to adhere to safety and security standards,

5. The delivery of cannabis accessories, branded merchandise of the licensee, or

CITY COUNCIL STRATEGIC INITIATIVE

5. Ordinance amending Brentwood Municipal Code Chapter 9.50 – Clean Version

cannabis dispensaries, cultivation facilities, commercial cannabis activities, and cannabis

2. With respect to Brentwood Municipal Code Section 17.870.008:

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

WHEREAS, in 1972, California added Chapter 6 to the State Uniform Controlled

WHEREAS, on January 1, 2004, the Medical Marijuana Program (“MMP”), codified as

WHEREAS, a California Police Chiefs’ Association compilation of police reports, news

WHEREAS, it is reasonable to conclude that medical marijuana dispensaries, marijuana

SECTION 3. Repealing and Replacing Former Chapter 17.780. Chapter 17.780 is

SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this

SECTION 6. Inclusion in the Brentwood Municipal Code. It is the intention of the

SECTION 7. Publication and Effective Date. This Ordinance shall be published in

The following definitions shall apply to the provisions of this chapter:

“Commercial cannabis activity” means the cultivation, possession, manufacturing,

“Delivery” means the commercial transfer of cannabis or cannabis products to a

“Establish” or “operate” a cannabis cultivation facility, medicinal cannabis dispensary, or

1. The opening or commencement of the operation of a cannabis cultivation facility,

2. The conversion of an existing business, facility, use, establishment, or location to a

3. The addition of a cannabis cultivation facility, medicinal cannabis facility, or non-medicinal

“Medicinal cannabis” is cannabis or a cannabis product, respectively, intended to be sold

5. A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of Division

“Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of

“Non-medicinal cannabis facility” means any building, facility, use, establishment,

17.780.030 Medicinal cannabis facilities prohibited.

17.780.040 Cannabis cultivation prohibited.

17.780.050 Non-medicinal cannabis facilities prohibited.

17.780.060 Non-medicinal cannabis delivery and transport prohibited.

A. Except as set forth in subsection (C) below, origination or acceptance of deliveries of

C. As an exception to subsection A and above, and as required by the Medicinal Cannabis

1. Deliveries of medicinal cannabis to a medicinal cannabis patient must be made to fixed

3. All medicinal cannabis or medicinal cannabis products must be securely packaged

5. The delivery of cannabis accessories, branded merchandise of the licensee, or

17.780.070 State and federal law prohibitions and restrictions.

What limits does the Act impose on local authority?

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

City of Burlingame Town of Truckee

8. Cal. Code Regs., tit. 4, §§ 15414-15421.

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

AN ORDINANCE OF THE CITY OF BRENTWOOD REPEALING BRENTWOOD

WHEREAS, in 1972, California added Chapter 6 to the State Uniform Controlled

WHEREAS, on January 1, 2004, the Medical Marijuana Program (“MMP”), codified as

WHEREAS, a California Police Chiefs’ Association compilation of police reports, news

WHEREAS, it is reasonable to conclude that medical marijuana dispensaries, marijuana

SECTION 2. Repealing and Replacing Former Chapter 9.50. Brentwood Municipal

SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this

SECTION 5. Inclusion in the Brentwood Municipal Code. It is the intention of the

SECTION 6. Publication and Effective Date. This Ordinance shall be published in

The following definitions shall apply to the provisions of this chapter: