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Calif. Cities Take Fight Over Cannabis Delivery To Trial

In this photo taken Thursday, May 11, 2017, Andre Shavers, who runs a marijuana delivery business, poses in Oakland, Calif. Shavers was sentenced to five years on felony probation after authorities burst into the house where he was living in one of Oakland’s most heavily policed neighborhoods and found a quarter ounce of marijuana. Oakland and other cities and states with legal pot are trying to make up for the toll marijuana enforcement took on minorities by giving them a better shot at joining the growing marijuana industry. (Eric Risberg, Associated Press)

The bench trial, which is expected to last one day

A dispute between a group of California municipalities and the state’s Bureau of Cannabis Control will go to trial Thursday in a case that could end up limiting the spread of legalized cannabis businesses in the Golden State.

The County of Santa Cruz and a collection of California cities, including Beverly Hills, Temecula and Riverside, are suing the agency over a regulation that allows legal marijuana to be delivered anywhere in the state. They say the regulation clashes with state law, which says individual municipalities can determine whether they will allow commercial cannabis activity within their boundaries.

Only the state’s legislature can make such a rule, the municipalities said. The bureau is tasked with creating regulations focused on safety, they said.

“This enabling authority to adopt safety regulations does not authorize the BCC to override local control in jurisdictions that have restricted or completely prohibited the operations of such businesses,” they wrote in the complaint.

But the bureau argues that California’s marijuana law says localities can’t prevent delivery done by licensed businesses that are compliant with state law. A statute that had allowed municipalities to ban pot delivery was repealed, it added.

The cities are “urging this Court to reach the bizarre conclusion that a statute stating that local jurisdictions ‘shall not prevent delivery of cannabis or cannabis products’ actually gives local jurisdictions unfettered power to ban such deliveries,” the bureau said in a filing.

The bench trial, which is expected to last one day, will be overseen by Judge Rosemary McGuire in Fresno County Superior Court. The municipalities are asking Judge McGuire to declare the delivery regulation invalid.

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News

Calif. Cities Take Fight Over Cannabis Delivery To Trial

In this photo taken Thursday, May 11, 2017, Andre Shavers, who runs a marijuana delivery business, poses in Oakland, Calif. Shavers was sentenced to five years on felony probation after authorities burst into the house where he was living in one of Oakland’s most heavily policed neighborhoods and found a quarter ounce of marijuana. Oakland and other cities and states with legal pot are trying to make up for the toll marijuana enforcement took on minorities by giving them a better shot at joining the growing marijuana industry. (Eric Risberg, Associated Press)

The bench trial, which is expected to last one day

A dispute between a group of California municipalities and the state’s Bureau of Cannabis Control will go to trial Thursday in a case that could end up limiting the spread of legalized cannabis businesses in the Golden State.

The County of Santa Cruz and a collection of California cities, including Beverly Hills, Temecula and Riverside, are suing the agency over a regulation that allows legal marijuana to be delivered anywhere in the state. They say the regulation clashes with state law, which says individual municipalities can determine whether they will allow commercial cannabis activity within their boundaries.

Only the state’s legislature can make such a rule, the municipalities said. The bureau is tasked with creating regulations focused on safety, they said.

“This enabling authority to adopt safety regulations does not authorize the BCC to override local control in jurisdictions that have restricted or completely prohibited the operations of such businesses,” they wrote in the complaint.

But the bureau argues that California’s marijuana law says localities can’t prevent delivery done by licensed businesses that are compliant with state law. A statute that had allowed municipalities to ban pot delivery was repealed, it added.

The cities are “urging this Court to reach the bizarre conclusion that a statute stating that local jurisdictions ‘shall not prevent delivery of cannabis or cannabis products’ actually gives local jurisdictions unfettered power to ban such deliveries,” the bureau said in a filing.

The bench trial, which is expected to last one day, will be overseen by Judge Rosemary McGuire in Fresno County Superior Court. The municipalities are asking Judge McGuire to declare the delivery regulation invalid.

To Read The Rest Of This Article On Law360, Click Here

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