California: Judge Dismisses Cannabis Delivery Lawsuit


California’s cannabis industry received some clarity on delivery this week.

On November 17, Fresno County Superior Court Judge Rosemary McGuire dismissed a lawsuit against the state’s top cannabis regulator, County of Santa Cruz vs Bureau of Cannabis Control, brought forth by 24 cities and one county to challenge the Bureau’s position that cannabis deliveries are allowed statewide.

Since April 2019, these localities have argued, as Cannabis Wire previously reported, that the Bureau overrode their right to determine which cannabis activity to allow or ban.

The ruling, and the arguments along the way, have sharpened the lines between local and state law. McGuire wrote, “the court wishes to make clear that it is persuaded by, agrees with and adopts the BCC’s argument that Regulation 5416(d) is not inconsistent with and does not preempt plaintiffs’ local ordinances regarding adult-use cannabis delivery, nor does it preclude plaintiffs from enforcing such ordinances.”

It is unclear whether the localities will appeal. 

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