Fresno, California 2020-11-19 21:26:19 –
With the potential for a temporary victory for California’s legal cannabis industry, Fresno judges have ruled that even communities banning the sale of commercial marijuana are allowed home delivery throughout the state. I dismissed the proceedings that tried to overturn.
The court challenge raised a fundamental issue in the country’s largest legal cannabis market. Where can I buy it? The state has previously ruled that authorized deliveries can be placed in “arbitrary jurisdiction” within California.
However, a group of local governments behind the court complaint alleged that the state had been deprived of its authority to regulate the sale of marijuana within the border.
State rules “remove local regulatory powers,” the city claimed, but Judge Rosemary McGuire of Fresno County Superior Court said that regulations and local ordinances “do not occupy the same area and are not in conflict.” I agreed with the state.
She concludes in a Tuesday order without conflict that “this issue is not ripe for arbitrage.”
McGuire agreed with the state that the regulation applies to state cannabis license holders, not to the municipality in which the proceedings were filed.
Marijuana delivery can continue anywhere in the state
State regulations “do not order local jurisdictions to do anything or prevent them from doing anything,” she added. “It does not order local jurisdictions to allow delivery … nor does it invalidate local ordinances that prohibit or regulate delivery.”
After the proceedings are dismissed, marijuana delivery will continue under state regulations.
However, local government attorney Steve Churchwell said the ruling did not affect the rights of cities and counties to regulate or ban the delivery of cannabis within the border.
McGuire said state regulations “do not affect cannabis or the (local government) right to regulate cannabis delivery.” “Local jurisdictions can impose stricter regulations and health and safety standards than state law,” she added.
The judge’s reference to the “maturity” of the case seemed to suggest that the debate may not be over.
The reaction to the ruling and its potential impact on the market was mixed.
Trade associations call decisions user wins
Ellen Comp, Deputy Director of the California Division of the National Organization for the Reform of Marijuana Law, known as NORML, called this decision a victory for entertainment and medical users. “It’s an overkill for the city to have local control, saying that someone living there can’t receive deliveries from a licensed company,” she said in an email.
Cannabis attorney Hillary Bricken said the decision would remain the same. Cities are free to ban delivery, but state regulators are not involved in enforcement if a licensed service delivers to a banned city. She said that would apply to local governments.
“We’re not really doing anything to promote industry interests or increase consumer access to cannabis under state law,” Bricken said in an email.
Josh Drayton of the California Cannabis Industry Association said delivery issues will continue to evolve with the market.
“I’m ready to interpret it in the future. I don’t think this discussion is over,” Drayton said. “It hasn’t been resolved. We are still in the midst of cultural change in cannabis.”
The state cannabis administration declined to comment.
When the state adopted delivery rules in 2019, the California City Federation and police chief said that unlimited courier weakens the control of the area guaranteed by the 2016 law, which widely legalizes the sale of marijuana. However, he complained that it would create an unchecked market for mostly hidden pot trading.
Marijuana companies and consumers have created so-called pot “deserts” because vast areas of the state have banned commercial pot activities or set no rules to allow legal sales, resulting in home delivery. I was looking for. Residents of these areas are virtually blocked from legal marijuana purchases.
Fresno Judge Nixes Lawsuit to Limit Home Pot Deliveries in California Source link Fresno Judge Nixes Lawsuit to Limit Home Pot Deliveries in California