Galen Kusic, Editor

(This article was originally published in the Oct. 18 print edition of the Herald)

On Tue. the Benicia City Council voted 3-2 in favor of amending the current cannabis zoning ordinance, lifting several restrictions that were in place regarding cannabis businesses within the City.

The amendment to the ordinance allows delivery-only use in industrial districts with no limit on the number of delivery-only operations and requires a use permit and public safety license. The city defines delivery-only operations as a commercial transfer of cannabis to a customer or patient, thus conducting retail activity with no storefront.

The amended ordinance also eliminates restrictions on the number of microbusinesses in Benicia, while requiring them to be located in industrial districts. A cannabis microbusiness, according to Calif. law incorporates retail or delivery, distribution, cultivation and manufacturing.

The ordinance also allows cannabis delivery vehicles to carry up to $5,000 in cash, up from $3,000 previously, while restricting delivery hours from 8 a.m. to 8 p.m. Benicia city staff anticipates having at least one delivery business within the next year, with that business possibly generating in excess of $100,000 in total tax revenue.

Councilmember Steve Young noted that there is a cannabis delivery business currently interested in locating to Benicia, but they couldn’t do so until the ordinance was passed.

“They are a major delivery operation,” he said. “If they did locate here, we potentially see some significant tax revenue.”

Councilmember Lionel Largaespada voiced concerns around public safety, licensing and enforcement. He relayed that there are currently three delivery businesses that already deliver into Benicia, but none of these delivery services have a business license currently on file.

“Therefore we are not collecting Measure C revenue on that,” he said. “I don’t know if Benicia is ready for delivery.”

Largaespada cited concerns about having a plan to work with mobile delivery businesses to make sure drivers are safe in Benicia, while making sure that every delivery is going to an adult, not children. He felt a lot of questions were left unanswered in the staff report.

“I think it’s fine to work on this actively, but take our time,” said Largaespada. “We take our time and get this right. If we rush this and we get it wrong, or we slip, then we are working through a lot of unintended consequences.”

Following a public hearing on Oct. 2, the Planning Commission recommended approval of the proposed amendments by the City Council, made on Sept. 3. Delivery businesses must have a physical location in Benicia that they deliver from, with a one percent delivery tax.

Largaespada still had some questions regarding the amended ordinance, but Mayor Elizabeth Patterson had to be off early for the annual League of California Cities meeting in Long Beach, and was trying to get done by 10 p.m. Councilmember Tom Campbell, after the ordinance had a motion and second, held up the vote by again addressing Largaespada’s questions.

“Councilmember Campbell, please be respectful,” said Patterson. “I have one more item and I would like to get through this before 10 o’clock. Is that possible?”

“Well, I realize you have to get up early, but that’s not an excuse to not do our duty to look at everything every single one of the members want to look at,” said Campbell. “That seems like you know, I’m sorry – I’ll stay here ‘til two in the morning if people want to talk about it.”

“We’ve had 23 meetings on the issues of all these things,” said Patterson. “To rehash many of these concerns…”

Largaespada interrupted. “Rehash?”

“I am talking and as long as I am talking, I will continue talking,” said Patterson. “When I am talking it’s my turn. When it’s your turn, I will recognize you. So to me, it’s a rehash. Because we’ve had so many meetings on this and staff has been extremely careful in looking at all those concerns.”

Patterson recognized the deliberative process taken by the Planning Commission to make their recommendation to approve the amended ordinance.

“There is a brand new set of questions, the reality is we have three dispensaries, doing business without a business license,” said Largaespada.

The motion carried 3-2, with Patterson, Vice Mayor Christina Strawbridge and Young voting yes, while Largaespada and Campbell voted no. Campbell stated he had originally planned to vote yes, but felt that Largaespada’s concerns were cut short.