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Judge Dismisses Lawsuit Challenging Cannabis Home Delivery in California

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A California judge recently dismissed a lawsuit that sought to overturn a ruling that allows cannabis companies to deliver across the state, even in cities and counties where cannabis sales are prohibited.  

A group of local governments argued that allowing cannabis deliveries in any jurisdiction was taking over their authority to regulate cannabis sales. In a ruling, Fresno County Superior Court Judge Rosemary McGuire said the state’s delivery regulations and local ordinances “do not occupy the same field and are not in conflict.”

Cannabis deliveries can continue under the state regulations. McGuire said the state rule does not impact the rights to regulate cannabis or cannabis delivery and added local jurisdictions can impose regulatory and health and safety standards that are stricter than state laws.

“It’s not a loss, but it’s not a win for delivery,” said Zach Pitts, CEO of Los Angeles-based Ganja Goddess and a board member of the California Cannabis Couriers Association. “What I really don’t like is the possibility that we’re still going to have to litigate this and in many ways, that’s putting the litigation onto small companies…with every single city and county that decides to ban delivery.”

There are some counties that don’t allow cannabis sales so without statewide delivery, people living in those counties wouldn’t have access to cannabis, whether for recreational purposes or for medical use. Deputy Attorney General Ethan Turner said cities can still require cannabis delivery businesses to apply for a business license from the city and follow city ordinances.

“It’s legal here and they already bought it. All we are doing is getting it to them. They didn’t buy it at the door or anything. They just received it,” said Ethan Bowers, who helps run a cannabis grow in Northern California. We all thought it was crazy that they would try and stop it. And, if it had passed in court, we’d be looking anywhere for more sales, as at-home sales are really big during COVID-19.” 

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