One county and 24 cities are suing the California Bureau of Cannabis Control over a rule that permits marijuana deliveries throughout the state, even if local governments have banned the industry.
The lawsuit, filed late Thursday, April 4 in Fresno Superior Court, aims to overturn the state regulation so that cities and counties can block marijuana deliveries in their borders.
“Californians voted to allow recreational and commercial cannabis with the specific promise that each community would be able to regulate or even ban it within their community,” said Walter Allen, council member for the city of Covina, which is involved in the suit. “The BCCs actions in adopting this regulation burden local governments in jurisdictions that have regulated or banned commercial cannabis deliveries.”
Other Southern California cities involved in the lawsuit include Riverside, Arcadia, Temecula, Downey, Beverly Hills, Agoura Hills and Palmdale. Santa Cruz County is also suing the bureau, along with the cities of Angels Camp, Atwater, Ceres, Clovis, Dixon, McFarland, Newman, Oakdale, Patterson, Riverbank, San Pablo, Sonora, Tehachapi, Tracy, Turlock and Vacaville.
The Bureau of Cannabis Control declined to comment on the lawsuit Friday morning, according to agency spokesman Alex Traverso.
At issue is the interpretation of a BCC regulation formally adopted in January.
Prior to that, the states cannabis industry was operating under emergency regulations that simply said cities couldnt stop marijuana delivery services from using public roads. That was interpreted by some city attorneys to mean that even though municipalities couldnt prevent licensed deliveries from passing through their jurisdictions, they could ban them from actually making stops in their towns. A number of California communities passed or renewed bans on delivery services based on that interpretation.
But a permanent regulation — released by the bureau in June and enacted in January — clarified the law this way: “A delivery employee may deliver to any jurisdiction within the State of California.” The agency said at the time that it always intended for the regulation to allow for deliveries throughout the state.
That rule was one way to help all serious medical marijuana patients access products. It was also a way to compensate for the fact that fewer than a third of California cities actually permit retail cannabis stores in their borders. That means some residents live 100 miles or more from the closest licensed marijuana shop.
Some cities, counties, law enforcement officials and the League of California Cities immediately began voicing concerns over the BCCs delivery regulation. They argued that it took away their right, guaranteed by voter-approved Proposition 64, to govern how the cannabis industry operates within their borders.
“The BCC is fundamentally changing Proposition 64, eroding local control and harming our local cannabis businesses by allowing commercial cannabis deliveries in every jurisdiction in California,” said Ryan Coonerty, chRead More – Source
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