Table 2. Adoption of Potential Best Regulatory Practices Beyond State Law in Cannabis Regulation in California Jurisdictions as of January 1, 2020.
Regulatory Practicea | 2018 N (%) |
2019 N (%) |
|
---|---|---|---|
Among jurisdictions that allow storefront retail | n = 148 | n = 162 | |
Cap on storefronts | 97 (66) | 114 (70) | |
Ratio of storefront cap to population | 1:20,788 | 1:19,845 | |
(Mean (Min-Max)) Buffers from schools | (1:154-1:355,143) | (1:154-1:355,143) | |
>600 ft state rule | 43 (29) | 49 (31) | |
<600 ft state rule | 6 (4) | 8 (5) | |
Additional sensitive-use sites identified b | 100 (68) | 110 (68) | |
Buffers between stores (Median (Min-Max)) | 800 (50-5280) | 700 (50-1500) | |
On-site consumption prohibitions | |||
Allowed | 29 (20) | 35 (22) | |
Banned | 79 (53) | 92 (57) | |
Silent | 40 (27) | 35 (22) | |
Among jurisdictions that allow delivery retailc | – | n = 264 | |
Delivery permit required | – | 202 (76) | |
Delivery origination | |||
Outside-only | – | 81 (31) | |
Inside-only | – | 32 (12) | |
Inside and outside | – | 67 (25) | |
Among jurisdictions that allow any retail | n = 256 | n = 276 | |
Health claims’ restrictions | 1 (0) | 2 (1) | |
Additional health warnings required | 26 (10) | 33 (12) | |
Restrictions on products | |||
Any below | 8 (3) | 9 (3) | |
Attractive to Youth | 1 (0) | 1 (0) | |
Flavors | 1 (0) | 1 (0) | |
Beverages | 4 (2) | 4 (1) | |
Potency | 0 (0) | 1 (0) | |
Edibles | 4 (2) | 4 (1) | |
Vapor products | 0 (0) | 2 (1) | |
Equity considerations | 5 (2) | 17 (6) | |
Conflicts of interest considerations | 58 (23) | 69 (25) | |
Price discounts prohibited | 4 (2) | 3 (1) | |
Minimum price required | 0 (0) | 0 (0) | |
Any tax on retail | 121 (47) | 140 (51) | |
Among jurisdictions that allowed any retail and passed a local gross receipts tax on retail | n = 120 | n = 138 | |
Retail tax (Median % (Min-Max)) d | 5% (0-18) | 5% (0-18) | |
Among all jurisdictions | N = 539 | N = 539 | |
Temporary special events prohibited | 21 (4) | 28 (5) | |
Advertising restrictions | 81 (15) | 104 (19) |
These provisions refer to measures that are stricter than state law.
Jurisdictions that identified additional sensitive-use sites to the state’s list of sites from which storefronts must be distanced, which consisted of K-12 schools, day care or youth centers. Examples included colleges, public beaches, libraries, residential zones, and tutoring centers.
Origination of delivery and delivery permitting restrictions were not captured in year 1 of legalization.
Retail tax represents the median gross receipts tax rate in % across jurisdictions that allowed retail sales and implemented a local tax on cannabis sales at retailers. This figure excluded the 2 jurisdictions that taxed retail activities solely by square footage of the storefront business