Milpitas council proposes ordinance to control medical pot delivery – The Mercury News

A man holds a sign expressing opposition to cannabis businesses in Milpitas at a 2018 city council meeting. The council ultimately voted to ban cannabis businesses and marijuana deliveries within city limits. Council recently proposed an ordinance allowing delivery of medical marijuana in Milpitas in compliance with state law.

In response to Senate Bill 1186, a new state law that requires local lawmakers to allow medicinal cannabis deliveries, the Milpitas City Council has introduced regulations aimed at preserving the city’s commercial cannabis ban and tightly controlling the delivery of medicinal cannabis products within city limits.

The proposed ordinance would allow access to medicinal cannabis products to qualifying patients while ensuring controls are in place that maximize community safety. It remains unlawful to deliver recreational cannabis within Milpitas city limits.

Delivery of medicinal cannabis products would only be allowed to registered patients or their designated caregivers. Prior to delivering medicinal cannabis in Milpitas, delivery services would be required to obtain documentation of the customer’s medical need, such as a valid medical cannabis recommendation from a licensed healthcare provider.

Deliveries would be restricted to fixed addresses at either the patient’s home or the caregiver’s place of business. Delivery personnel will be required to verify the age of recipients to prevent the delivery of cannabis products to minors and to ensure that all transactions comply with state and local laws.

Delivery services in Milpitas would be authorized to deliver only state-approved medicinal cannabis products, excluding any accessories or paraphernalia. Deliveries will only be permitted from 6 a.m. to 10 p.m. to promote safety, minimize disturbances to residents and ensure compliance with local noise ordinances.

Under the proposed ordinance, which still needs council approval, delivery services would have to register with the city and obtain a valid business license. They would also be required to pay all applicable fees and taxes associated with operating within city limits, and to maintain detailed records of all deliveries as required by local and state laws.

The ordinance would be enforced through an “education first, enforcement second” approach. Those who violate the ordinance may face fines, civil penalties and prohibition from delivering within Milpitas.