California Cities Just Say No to Weed Delivery Services

These days, we’re used to the happiness and convenience of home deliveries. From Pizza Hut to Uber Eats to Postmates to the fun smiling brown paper packages tied up with string (tape) from Amazon, getting surprises at home is turning into one of our favorite things.

But not ALL things should be delivered according to a new lawsuit. In the wake of the state’s top marijuana regulator legalizing the home delivery of recreational cannabis, more than 24 California cities are going to court to stop this business before it gets started.  

The aforementioned 24 cities and Santa Cruz County filed a lawsuit against the Bureau of Cannabis Control (BCC), alleging that the BCC’s decision in July 2018 to allow for door-to-door pot delivery statewide violated Prop. 64, California’s legalization ballot initiative. That measure, passed in November 2016, ended marijuana prohibition but left local governments with wide discretion over how to regulate the newly legal industry. That includes the power to ban recreational cannabis businesses outright, something 80 percent of California’s 482 municipalities have done, according to the Los Angeles Times.

“The negative impact delivery bans would have on the industry and the state cannot be understated,” Josh Drayton of the California Cannabis Industry Association tells the Los Angeles Times, warning that a ban on deliveries would force users “into the illicit market.”

Opponents of home marijuana delivery argue that when Prop. 64 let local governments ban marijuana-related businesses, that naturally included marijuana delivery businesses. Their lawsuit also points to a failed bill last year that would have kept local governments from prohibiting home marijuana deliveries, saying this is evidence that existing law gives local governments that power.

Hey, if it can be delivered, people and companies will fight about it because disputes are EVERYWHERE. And when those things affect YOUR business, especially landlord/tenant matters, contract issues, nuisance ADA claims and even collections, call in your friendly good-guy litigator Dean Sperling who will work to resolve YOUR matter with YOUR best interests in mind!  

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