Delivery Update: Bay Area Cities

Posted by Margolin & Lawrence on May 8, 2019

Many jurisdictions across California allow cannabis to be sold at brick-and-mortar retail stores and dispensaries, while many either ban or severely restrict storefront sales. But what is the legal status of cannabis delivery businesses – operations that sell medical or adult-use cannabis to customers, but operate only on a delivery basis?

As they present a unique category of cannabis activity, delivery-only businesses are treated differently than storefront retail, which often means they use a separate application process as well. Here's the status of delivery-only cannabis retail in the largest cities in the Bay Area:

San Jose

San Jose allows cannabis businesses and collectives to delivery cannabis, but applications are currently closed.
 
San Francisco
San Francisco allows delivery-only cannabis retail. Applications are currently open for equity applicants and equity incubators (a business that agrees to support an equity applicant by providing it with rent-free space or technical assistance.)
 
Oakland
Oakland allows delivery-only dispensary operations. Applications are currently open, but while there is no cap on the total number of permits that can be granted, the city will give at least half of all permits to equity businesses.
 
Stockton
Applications are currently open for delivery businesses, with no limit on the amount of permits to be granted.
 
Fremont
Fremont currently bans cannabis delivery.
 
Modesto
Modesto currently bans cannabis delivery.
 
Santa Rosa
Santa Rosa allows cannabis delivery. Starting June 3, 2019, the city will be accepting Conditional Use Permit applications for new Cannabis Retail on a first come, first served, first complete basis. The online portal to schedule an application will open on May 20.
 
Hayward
Hayward allows cannabis delivery. Applications are currently closed, but the city plans to begin a new Request For Proposals process after the review of the previous round is complete ("6 to 12 months following the conclusion of the Tier 2 review.")
 
Sunnyvale
Sunnyvale currently bans cannabis delivery.
 
Concord
Concord allows delivery of medicinal cannabis to qualified patients from licensed cannabis retail businesses located outside of Concord, but is not granting delivery permits.
 
Santa Clara
Santa Clara has established a cannabis tax rate and considered allowing commercial cannabis activity, but the city currently has a ban on all commercial cannabis business in place which may be extended through June 2020.
 
Vallejo
Vallejo is not currently accepting applications for cannabis delivery licenses.
 
Berkeley
Berkeley currently bans delivery-only cannabis retail.
 
Fairfield
Fairfield currently bans all cannabis activity, including delivery.
 
Richmond
Richmond allows cannabis delivery by dispensaries, but the city has already granted its maximum number of retail permits. 
 
Antioch
Antioch is currently accepting applications for cannabis retail delivery. There is no deadline or limit on the amount of permits to be granted, but the zoning restrictions on retail cannabis businesses may limit the number of eligible locations. 
 
Daly City
Daly City has established a cannabis tax rate and considered allowing commercial cannabis activity, but the city currently has a moratorium on commercial cannabis business that will last until December 11, 2019.
 
For more information about the cannabis licensing, check our guide to California's cannabis laws or reach out to us directly at info@margolinlawrence.com.
 
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Margolin & Lawrence - California Cannabis Attorneys

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This blog is not intended as legal advice and should not be taken as such. The possession, use, and/or sale of marijuana is illegal under federal law.