At the June 25 meeting, a majority of the City Council expressed support for allowing the Measure Z retailers to also deliver medical cannabis. Councilmembers asked staff to research whether it would be possible to allow the Measure Z retailers to also deliver to adult-use customers, if all deliveries could be limited to persons aged 21 or older.
Staff reached out to statewide cannabis experts with this scenario to discuss the request (referred to as the “hybrid option”) and determine the viability of implementation. The consultants stated that, while the hybrid option would technically be considered legal to implement, they do not believe it would be practical, or realistically enforceable. While the option may be legal in theory, the additional licensing, inventory tracking requirements, added expense, business delay, and operational considerations speak against introducing the hybrid option at this time. Additionally, Vista would face considerable challenges in attempting to police such hybrid businesses operations, hurdles associated with enforcement of age-based restrictions on deliveries, and possible lawsuits challenging an introduction of the hybrid system. Based on this information, staff does not recommend the hybrid option.
Therefore, staff recommends that medical cannabis delivery be authorized for the Measure Z retailers only.
In addition to the state regulations for medical retailers, as listed below:
• Require proof of employment at an authorized medical cannabis retailer in the City of Vista.
• Require that each driver shall be twenty-one years of age or older.
• Proof that each delivery vehicle is properly registered with California Department of Motor Vehicles.
• Maintain automobile liability insurance from an insurance company admitted by the Insurance Commissioner of the State of California to transact the business of insurance in the state which shall be for a combined single limit for bodily injury and property damage liability of not less than one million dollars ($1,000,000.00).
• Require one additional parking space for every onsite delivery vehicle.
• The delivery permit may be denied if any delivery driver has a felony conviction, any other convictions involving theft, the manufacture, transportation, sale or possession of a controlled substance, or within seven (7) years prior to the application, any convictions involving driving under the influence of alcohol or drugs. Prior to the issuance of a delivery permit and prior to each annual renewal, the medical cannabis retailer shall disclose the names of all drivers to the City.
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