In light of the State's recent approval of regulations for cannabis businesses1, the Office of Cannabis ("OOC") issues this bulletin to reiterate local laws regarding the delivery of cannabis or cannabis products within the City and County of San Francisco (the "City").
Local Law Applies to Cannabis Deliveries
Section 1622 of the San Francisco Police Code regulates the delivery of cannabis and cannabis products to customers within the City. Section 1622(a) provides that such deliveries may be conducted only by operators "that are permitted by the Office of Cannabis and receive express authorization to engage in Deliveries from the [OOC] Director." Additionally, "The Delivery of Cannabis or Cannabis Products within San Francisco by Cannabis Businesses that are located outside of San Francisco is prohibited." Section 1622(b) imposes additional delivery standards.
The State recently approved an administrative rule stating that "[a] delivery employee may deliver to any jurisdiction within the State of California provided that such delivery is conducted in compliance with all delivery provisions of this division."2 This rule has been understood to override local authority to regulate cannabis deliveries. However, as explained in the Office of the City Attorney's opinion letter, found here, the State's new administrative rule conflicts with relevant statues and is therefore void.
Accordingly, the Office of Cannabis reiterates that all cannabis businesses seeking to deliver cannabis or cannabis products within the City must secure a local permit issued by the OOC,3 in addition to a state license. Unpermitted businesses delivering cannabis or cannabis products, like other cannabis businesses operating in violation of local law, may face enforcement action, including potential administrative and civil penalties.4
Dynamic Delivery Prohibited
In particular, the Office of Cannabis reiterates that, under Section 1622(b)(10) of the San Francisco Police Code, "A manifest must be created for each Delivery or series of Deliveries prior to departure." So-called "Dynamic delivery" (i.e. fulfilling additional orders after departing a cannabis business's premise) is prohibited within the City. Any cannabis business engaging in dynamic delivery within the City may face enforcement action, including potential administrative and civil penalties.5
Posted on 2/1/2019
2 Cal. Code Regs. Tit. 16, § 5416(d) (2019).
3 SF Police Code §§ 1603(a)(1), 1622(a).
4 SF Police Code §§ 1632-1636.
5 SF Police Code §§ 1632-1636.
In addition to submitting by email, written comments may be submitted by U.S. mail or in person to:
Nicole Elliott, Director
Office of Cannabis
San Francisco City Hall
1 Dr. Carlton B. Goodlett Pl. Room 018
1:00 - 5:00pm
Monday to Friday