Cannabis: drive-throughs., the official text

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

LEGISLATIVE COUNSEL'S DIGEST

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, except as specified.
This bill would authorize a local jurisdiction to allow a licensed cannabis retailer 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 are made through a fixed-pane security window with a security 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.

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 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) (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.