Lawsuit Challenging Cannabis Home Delivery Dismissed- November 27, 2020
Fresno County Superior Court Judge Rosemary McGuire dismissed a lawsuit that sought to challenge state rule allowing cannabis home deliveries across the state even into cities that banned the herb’s sales.
Certain local governments backing the court challenge argued that their authority to regulate cannabis sales in their region was being usurped by the state. While the judge agreed with the state and in a statement said that the local regulations “do not occupy the same field and are not in conflict.”
Concluding her order, the judge said that without any conflict the matter was not ripe for adjudication and precisely why she is nixing it. Essentially, the judge agreed with the state that the regulation does not apply to the local governments that filed the lawsuit but to the marijuana license holders.
Her statement read, “(state regulation) does not command local jurisdictions to do anything or preclude them from doing anything.” She further went on to say that “It does not command local jurisdictions … to permit delivery. Nor does it override their local ordinances prohibiting or regulating delivery.”
What Does This Mean For a Cannabis User in California?
However small the victory maybe for the legal cannabis industry in California, the ruling does raise some questions. As earlier the state allowed a licensed cannabis delivery to be made into any jurisdiction in the state. Now, does this ruling affect a cannabis user in California?
Whether you are a recreational user or use medical cannabis in California, you can order cannabis delivery just as you did before without any hassles. According to Hillary Bicken, state attorney the ruling maintains the status quo. Local authorities have the freedom to bar delivery but if it is a licensed cannabis delivery then the state regulators will not be a part of the enforcement. That would be in the hands of the local authorities. In an email about the ruling she wrote, “ (the ruling) doesn’t really do anything to advance industry interests or increase access to state-legal cannabis for consumers.”
The issue of cannabis delivery has surfaced from time to time. John Drayton of the CCIA (California Cannabis Industry Association) believes that this discussion has not yet concluded. He says that we are still in the midst of this cultural shift and it would take time till this discussion is put to bed.