A California city is facing litigation brought by a cannabis firm claiming the rule barring deliveries from out-of-county retailers into unincorporated regions violates state statute.
In East of Eden Cannabis Co. v. Santa Cruz County, filed in the regional Superior Court, the Salinas-primarily based firm is fighting for the proper to be permitted to provide to these regions. Los Angeles cannabis attorneys know that precedence set in this case could potentially effect how other courts make a decision comparable instances in the future. 
In distinct what is intriguing about this case is not so a great deal the substance of the complaint, but the reality that it echoes a familiar refrain echoed following the passage of Prop. 64, which gave regional governments broad discretion in regulating marijuana development, sales and distribution in their jurisdictions. This has led to a patchwork of laws that can be as confusing as they are frustrating.
What is allowable in county or city may well not be in these neighboring. The onus is on the firm or person to know what the guidelines are – which is why consulting with an lawyer in the course of your organization arranging is crucial.  
Attorneys for the plaintiff say the county has taken a position that is untenable and illegal. It is worth noting that a lot of jurisdictions opted to ban cannabis sales altogether, leaving big regions of population with no indicates to buy. Some inside the marijuana business have complained that these so-named cannabis deserts are against the spirit if not the letter of state law. 
Some restricted only delivery sales or, like Santa Cruz, barred outdoors deliveries. 

California Regulations Favor Marijuana Delivery Firms

Late final year, the California Bureau of Cannabis Manage produced it clear that cities couldn’t completely restrict marijuana deliveries. It was controversial, with the California League of Cities vehemently protesting.
Though pursuant to California Business enterprise and Professions Code Section 26200, regional governments do have the express permission to regulate and/or ban marijuana corporations, a further section of law, California Business enterprise and Professions Code Section 26090(e), a regional jurisdiction cannot avert delivery of marijuana or associated goods on public roads, so extended as the firm is licensed and in compliance with state law (especially the Manage, Regulate and Tax Adult Use of Marijuana Act).
Per California Code of Regulations, Title 16, Division 42, § 5416(d), a state delivery employee can provide to any jurisdiction inside the state of California, so extended as the delivery is performed in compliance with all state delivery provisions. 
Though there had been a lot of groups opposed to these guidelines, the proposed guidelines had been designed with the express intent of providing fledgling cannabis delivery organizations the chance for higher accomplishment. 

California Cities Continue to Resist Cannabis Delivery

The cannabis handle board’s holding on this and the purported conflict in between that and the element of Prop. 64 that offers regional government no cost reign to make their personal guidelines indicates case like this are ripe for the courts. 
A couple of the bigger communities with noteworthy cannabis bans consist of:
  • Huntington Beach
  • Most Cities in San Diego (even though county is silent on the problem of deliveries, but bans all other marijuana corporations).
Other communities, like Merced County, have bans on storefront cannabis, but let deliveries. Only a couple of of embraced each outright. 
Los Angeles marijuana attorneys know this has produced for a confusing patchwork for organizations attempting to abide the guidelines. Discussing your operations with an lawyer who can very carefully study your regional ordinances and make sure compliance is an crucial to keep away from civil forfeiture, arrest and/or heavy fines. 
The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary organizations, sufferers, physicians and these facing marijuana charges. Get in touch with us at 714-937-2050.More Sources:

Salinas pot firm sues Santa Cruz County more than ban on out-of-region deliveries, July 17, 2019, By Nicholas Iberra, Santa Cruz Sentinel