FRESNO, Calif. (AP) — California made off in court Thursday against some of its own cities that want to overturn a government roll allowing home marijuana deliveries statewide, even into communities that banned commercial pot sales.
In a potential setback for at least some of the cities, the judge tentatively sided with the state in questioning where some of the communities have standing to bring legal action, because they don't have local ordinances in place that conflict with the state regulation.
Without that, "there is no dispute," Fresno Superior Court Judge Rosemary McGuire wrote in a rolling attempt.
The dispute between the state and 25 of its local governments raise a foundational question in the legal marijuana economy: Who is in charge, the state bureaucracy that oversees the marketplace, or local governments where can it be grown and sold?
The local governments — Beverly Hills, Riverside, Santa Cruz County and 22 other cities — filed the lawsuit in April 2019, asking the court to invalidate the home-delivery rule that "allows commercial cannabis deliveries to any physical address in the state."
The League of California Cities and police chiefs had comlocated that unrestricted home deliveries would create a chaotic market of widely hidden can transactions, while undercutting local control guaranteed in the 2016 law that broadly legalized marijuana sales in the states.
Marijuana companies and consumers had pushed for home deliveries because they were called cannabis "deserts." Residents in those are effectively cut off from legal marijuana purchases.
Published: August 07, 2020
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