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Sonoma County “Shelter in Place” Order Extended; All Licensed Cannabis Businesses Now Listed as “Essential”

April 1, 2020

By Lauren Mendelsohn

Last night, the Sonoma County Health Officer extended the county’s “Shelter in Place” order until May 3, 2020 in response to the ongoing coronavirus pandemic. We previously discussed Sonoma County’s order here and here, and the statewide order here and here.

The updated Order explicitly includes all licensed cannabis businesses as “Essential Businesses” that can remain open, and groups cannabis businesses among other agricultural operations (instead of with “Healthcare Operations” where it was grouped previously):

For the purposes of this Order, “Essential Businesses” means…Businesses engaged in the production, cultivation, processing, testing, or distribution of food, beverage, or other agricultural products. These businesses shall be closed to the public, except that retail sales to the public may occur via curbside pick-up, delivery, shipping, farm and produce stands, or farmer’s markets (see Subsection 13.f.ii. of this Order), where otherwise allowed by law.  Such businesses include agriculture, farming, ranching, fishing, dairies, creameries, wineries, breweries, and licensed cannabis businesses.

In addition, the FAQs have been updated to make it clear that this does not just apply to cannabis businesses with a “medical” license or who serve “medical” patients:

Q: Can I obtain medical cannabis?

A: Yes, licensed cannabis businesses are allowed to remain open, but dispensaries/retail facilities and delivery companies may only sell cannabis and cannabis products via curbside pickup or delivery. If purchasing via curbside pickup, you are encouraged to call in your order ahead of time. You do not need a County Medical Marijuana ID Card or a physician’s recommendation to purchase cannabis or cannabis products.

Q: Can cannabis businesses continue to operate?

A: Yes, licensed cannabis businesses are allowed to remain open, including cultivators, processors, manufacturers, distributors, testing labs, dispensaries/retail facilities, and delivery companies providing medical or adult-use cannabis. All cannabis businesses must be closed to the public and employees must follow Social Distancing and Hygiene Requirements. Dispensaries/retail facilities and delivery companies may only sell cannabis and cannabis products via curbside pickup or delivery. Dispensaries/retail facilities selling via curbside pickup should encourage customers to call in their orders ahead of time. Customers do not need a County Medical Marijuana ID Card or a physician’s recommendation to purchase cannabis or cannabis products.

Our office has been communicating directly with county officials to lobby for these changes, as we are aware that many people who may derive medical benefits from cannabis do not possess a doctor’s recommendation, and since the previous language in the county Order and FAQs was overly restrictive.

The updated Order also includes new responsibilities for Essential Businesses:

For the purposes of this Order, all Essential Businesses must prepare and post by no later than 11:59 p.m. on April 2, 2020 a “Social Distancing Protocol” for each of their facilities in the County frequented by the public or employees.  The Social Distancing Protocol must be substantially in the form attached to this Order as Appendix A.  The Social Distancing Protocol must be posted at or near the entrance of the relevant facility, and shall be easily viewable by the public and employees.  A copy of the Social Distancing Protocol must also be provided to each employee performing work at the facility.  All Essential Businesses shall implement the Social Distancing Protocol and provide evidence of its implementation to any authority enforcing this Order upon demand.  The Social Distancing Protocol must explain how the business is achieving the following, as applicable:

  1. Limiting the number of people who can enter into the facility at any one time to ensure that people in the facility can easily maintain a minimum six-foot distance from one another at all times, except as required to complete the Essential Business activity;
  2. Where lines may form at a facility, marking six-foot increments at a minimum, establishing where individuals should stand to maintain adequate social distancing;
  3. Providing hand sanitizer, soap and water, or effective disinfectant at or near the entrance of the facility and in other appropriate areas for use by the public and employees, and in locations where there is high-frequency employee interaction with members of the public (e.g. cashiers);
  4. Providing for contactless payment systems or, if not feasible to do so, the providing for disinfecting all payment portals, pens, and styluses after each use;
  5. Regularly disinfecting other high-touch surfaces; and
  6. Posting a sign at the entrance of the facility informing all employees and customers that they should: avoid entering the facility if they have a cough or fever; maintain a minimum six-foot distance from one another; sneeze and cough into one’s elbow; not shake hands or engage in any unnecessary physical contact.
  7. Any additional social distancing measures being implemented (see the Centers for Disease Control and Prevention’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html).

The “Appendix A” (Social Distancing Protocol) referred to in the Order is available here: Appendix-A-Social-Distancing-Protocol

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

 

This information is provided as a public educational service and is not intended as legal advice. For specific questions regarding the impact of coronavirus and shutdown orders on the cannabis and hemp industries, please contact us to schedule a confidential consultation.

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