Milpitas has until the end of the year to adjust its cannabis bans to comply with a new state law.

A law signed in 2022 will stop cities from banning the delivery of medical cannabis within their municipalities starting in January. Supporters say this makes the product more accessible to vulnerable populations. Milpitas’ existing laws ban all commercial cannabis businesses—medicinal and recreational—and have strict limitations on personal cultivation. The Milpitas City Council will be reviewing amendments to its delivery ban during its meeting today.

Silicon Valley Cannabis Alliance Founder Sean Kali-rai said opening Milpitas to deliveries will make medical marijuana more accessible to residents who are unable to commute to cities where it can be legally obtained.

“The real people you’re impacting are the people who don’t have access,” Kali-rai told San José Spotlight. “They may be disabled or they may have some other thing that’s holding them back from being able to drive and go to a cannabis dispensary in San Jose.”

The city’s existing bans were passed in 2019, after about two years of community outreach through meetings and resident surveys, according to the city report.  The 2018 public survey with 517 responses reported 82.2% of respondents said they did not use cannabis, and 53.3% said they would support banning cannabis delivery services within the city. 

City employees are recommending the council pass the amendments, which will continue its ban on cannabis businesses within Milpitas, but will legalize direct delivery for specific patients within the municipality. The amendments also call for identification to be presented upon delivery, either of a doctor’s note or a medical marijuana identification card.

“The City has a vested and legitimate interest in ensuring that medicinal cannabis is actually delivered to and received by qualifying patients and their primary caregivers and not others who cannot receive medicinal cannabis under State law, including minors,” the report said.

About two thirds of all cities in the state have banned commercial cannabis, including medical cannabis, and Kali-rai said these bans have pushed patients to purchase illegal cannabis, which is not held to any safety standards. He added that allowing medical marijuana delivery in the city will be safer for residents.

“Illegal operators are delivering to every city in the county,” he said. “The question then becomes, do you want your constituents and citizens to have access to safe, legal cannabis?”This story will be updated.

The Milpitas City Council meets on the first and third Tuesday of the month, starting at 5:30 at City Council Chambers, 455 E. Calaveras Blvd,  Milpitas, CA 95035. For more information on dates and agendas click here to watch on Youtube click here.

Contact B. Sakura Cannestra at [email protected] or @SakuCannestra on X, formerly known as Twitter.

 Milpitas has until the end of the year to adjust its cannabis bans to comply with a new state law. A law signed in 2022 will stop cities from banning the delivery of medical cannabis within their municipalities starting in January. Supporters say this makes the product more accessible to vulnerable populations. Milpitas’ existing laws ban…  Read More  

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