§ 1622. DELIVERIES OF CANNABIS AND CANNABIS PRODUCTS TO CUSTOMERS.

(a) The Delivery of Cannabis or Cannabis Products to Customers within San Francisco is prohibited except by Storefront Cannabis Retailers and Delivery-Only Cannabis Retailers that are permitted by the Office of Cannabis and receive express authorization to engage in Deliveries from the Director. The Delivery of Cannabis or Cannabis Products within San Francisco by Cannabis Businesses that are located outside of San Francisco is prohibited.

(b) Permitted Cannabis Businesses that receive authorization from the Director to engage in Deliveries must comply with such Delivery Standards as may be adopted by the Director, including but not limited to the following:

(1) Deliveries may only be conducted by employees of the Permitted Cannabis Business. Deliveries may not be conducted by independent contractors.

(2) An employee conducting a Delivery must deliver the Cannabis or Cannabis Product to an address associated with real property (e.g. not to a street corner or location within a park).

(3) Orders must be completed by individuals aged 21 or over (with valid California driver’s license or Identification card).

(4) Deliveries must be made during the Cannabis Business’ hours of operation.

(5) Delivery may only be made to the individual who placed the Bona Fide Order, and to individuals who are 21 years of age or older, unless the Customer provides verification that the Customer, or a patient for whom he or she is a Primary Caregiver, qualifies under California Health and Safety Code Section 11362.7 et seq. to use Medicinal Cannabis.

(6) Upon Delivery, the employee performing the Delivery must:

(A) Personally review the Bona Fide Proof of Age and Identity of the Customer to confirm that he or she is the same individual who submitted the Bona Fide Order, and is not underage, as set forth in Section 1619 of this Article 16;

(B) Where the product being sold is Medicinal Cannabis or a Medicinal Cannabis Product, personally review documentation verifying that the Customer possesses a valid Physician’s Recommendation;

(C) Require the Customer to sign a document indicating the type and quantity of Cannabis and/or Cannabis Products that were Delivered; and

(D) Distribute to each Customer at the time of sale a fact sheet relating to safe Consumption of Cannabis and Cannabis Products, the content of which shall be produced by the Department of Public Health.

(7) A Cannabis Business may not Deliver more than the quantities of Cannabis or Cannabis Products allowed for delivery under State law to the same real property (e.g., apartment unit or house) in the same business day.

(8) Cannabis and Cannabis Products that are Delivered to a Customer must comply with all State and local packaging and labeling rules.

(9) All Cannabis and Cannabis Products shall be kept in a lock-box securely affixed inside the Delivery vehicle.

(10) A manifest must be created for each Delivery or series of Deliveries prior to departure, and the Delivery employee may not make any unnecessary stops between Deliveries or deviate substantially from the manifest route, unless a stop is necessary for personal safety.

(11) A Cannabis Business authorized to engage in the Delivery of Cannabis and/or Cannabis Products shall comply with all track and trace requirements imposed by state law, and shall document the following information regarding Deliveries pursuant to track and trace:

(A) The date and time the Bona Fide Order was received by the Cannabis Business;

(B) The date and time the Cannabis and/or Cannabis Products were Delivered;

(C) A description of the Cannabis and/or Cannabis Products that were Delivered, including the weight or volume and price paid by the Customer;

(D) The name of the Delivery employee who performed the Delivery; and

(E) The name of the individual to whom the Delivery was made, and the Delivery address.

(12) A Cannabis Business authorized to engage in Deliveries must Deliver Cannabis and Cannabis Products by Vehicle only, and the total value of Cannabis and Cannabis Products that may be carried in the vehicle at one time may not exceed any applicable limits established by the Director. Delivery of Cannabis and Cannabis Products by motorcycles, scooters, drones, human powered vehicles, and unmanned vehicles is prohibited.

The enumeration of the specific Delivery Standards set forth in this Section 1622 shall not be construed to limit the Director’s authority to adopt any additional Delivery Standards consistent with the purposes of this Article 16. Such additional Delivery Standards may include, but need not be limited to, Delivery Standards to ensure that all Persons involved, directly or indirectly, in Deliveries of Cannabis and Cannabis Products operate in a manner consistent with this Article 16.

(Added by Ord. , File No. 171042, App. 12/6/2017, Eff. 1/5/2018; amended by Ord. , File No. 180912, App. 12/21/2018, Eff. 1/21/2019)