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Sonoma County Issues “Shelter in Place” Order in Response to Coronavirus Outbreak

March 17, 2020

By Lauren Mendelsohn

Today, the Sonoma County Department of Health Services issued a “Shelter in Place” Order directing all county residents to stay inside unless engaging in certain essential and health-related activities.

The Order specifically includes “licensed cannabis businesses” in the list of “Healthcare Operations” that can remain open, and which people may leave their homes to work or receive services at. This exemption “shall be construed broadly to avoid any impacts to the delivery of healthcare, broadly defined.” However, the Order also states that “[l]icensed cannabis retail facilities/dispensaries shall operate only for the purpose of providing medical cannabis, and only via curbside pickup or delivery.”

In the FAQs about the Order, the following hypothetical question is asked and answered:

What do I do if I need to obtain medical cannabis?

Licensed cannabis businesses will remain open, but shall operate only for the purpose of providing medical cannabis and only via curbside pickup or delivery.

Local cannabis businesses and consumers are wondering what this means for facilities without a medical license as well as for individuals without a medical cannabis recommendation. It is possible that non-medical dispensaries could be deemed “essential businesses,” as some other jurisdictions, including San Francisco, have determined. Other parts of the supply chain seem to fit within “essential businesses” as well.

Businesses that are not considered “essential” must cease all operations within the County except Minimum Basic Operations, which is defined as the following, provided that employees comply with Social Distancing Requirements while carrying out such operations: (1) the minimum necessary activities to maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, or for related functions; and (2) the minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences.

The Order states that “violation of or failure to comply with [its terms] is a misdemeanor punishable by fine, imprisonment, or both.” (California Health and Safety Code§ 120275, et seq.)  The Order’s intent is spelled out in the first paragraph, which is worth including here in its entirety, with emphasis added:

The intent of this Order is to ensure that the maximum number of people self-isolate in their places of residence to the maximum extent feasible, while enabling essential services to continue, to slow the spread of COVID-19 to the maximum extent possible. When people need to leave their places of residence, whether to obtain or perform vital services, or to otherwise facilitate authorized activities necessary for continuity of social and commercial life, they should at all times reasonably possible comply with Social Distancing Requirements as defined in Section 10 below. All provisions of this Order should be interpreted to effectuate this intent. Failure to comply with any of the provisions of this Order constitutes an imminent threat to public health.

The full text of the Order is available below:

Order of the Health Officer of the County of Sonoma (No. C19-03) – March 17, 2020

 

This is a developing story. Please stay tuned for further updates.

 

 

This information is provided as a public educational service and is not intended as legal advice. For specific legal questions about the impact of the coronavirus pandemic on cannabis operators, contact the Law Offices of Omar Figueroa at info@omarfigueroa.com or 707-829-0215 to schedule a confidential legal consultation. 

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