California cannabis companies win as court dismisses city-led lawsuit

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The cities were trying to block state regulations over where cannabis delivery could be allowed

When California voters passed Proposition 64 in 2016, it made the sale of recreational marijuana legal throughout the state. One of the provisions allowed for home delivery of cannabis everywhere; however, local cities didn’t agree. There was a lot of talking back in fourth, a lot of assurances and a lot of promises, according to the 24 cities in California who took a shot at going to court and asking the judge to invalidate the state regulations allowing delivery of cannabis products to homes in communities that have voted not to allow retail cannabis shops within their jurisdictions.

Lawyers for the 24 cities are claiming that “The ballot measure promised that local governments would have veto power over the sale of cannabis in their jurisdictions, which the cities utilized when they voted not to allow retail cannabis shops in their communities.” Now, those same communities want to stop even to home delivery of cannabis products within their boundaries.

On the surface, it appears to be petty squabbling like that always in motion between city and state governments all over the US. But both sides are quoting provisions in Proposition 64, which does allow communities the right to not have retail shops in their townships, but it also allows for state-wide delivery of marijuana to your door.

The issue has been taken to court in Fresno County Superior Court, where Judge Rosemary McGuire ruled in agreement with the attorneys for the California Bureau of Cannabis Control, saying, “On the basis of that conclusion, the court finds that this matter is not ripe for adjudication, and dismisses the action as to all plaintiffs.”