California Cannabis Delivery Law Challenge to Be Weighed by Courts in 2020
Last year, the California Bureau of Cannabis Control adopted a controversial policy allowing marijuana deliveries everywhere in the state – even in locations where city officials formally banned adult use retail sales, as is their express right under Proposition 64. Our Los Angeles marijuana delivery attorneys recognize this provision as key to the future success of the legal cannabis market in California. That’s why we’ll be closely following the developments in the case of County of Santa Cruz et al v. Bureau of Cannabis Control, slated to be heard in the Superior Court in Fresno in April 2020. A countersuit filed against the county by a marijuana retailer out of Salinas is slated to be heard by the Superior Court in Santa Cruz in July 2020.
If this challenge to marijuana’s delivery law succeeds, it would not only threaten the many marijuana delivery services that rely on the state’s protection, it would also be yet another significant threat to the success of California’s struggling legal market by giving black market vendors a major inroad to under-served consumers.
The lawsuit was filed by 24 cities and Santa Cruz County, all of them contending that the state regulatory agency crossed the boundaries of its authority when it made the rule pertaining to marijuana deliveries. They assert that Prop. 64 expressly imbued local governments with the authority to restrict and even prohibit cannabis sales and activity inside their own districts, and the bureau’s policy is a direct affront to that right. Continue reading