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25 local governments in CA sue state to block home marijuana delivery
April 15, 2019
A coalition of 25 California municipalities and one county that ban marijuana sales have sued the state, claiming that allowing home delivery in their jurisdictions violates the law.
The suit, if successful, could significantly affect cannabis sales by eliminating a market segment that otherwise could have been served via home delivery.
That’s because roughly 80% of the state’s 482 municipalities have banned marijuana sales, the Los Angeles Times reported.
The suit also would hit the bottom line of transport companies.
The legal challenge has been expected: The city of Sonora said in mid-February that it planned to sue and predicted others would join it.
Below are the arguments, pro and con:
The plaintiffs argue that Proposition 64 legalizing adult-use sales guaranteed the right of local governments to regulate all cannabis-related activity in their jurisdictions – not just cities opposed to marijuana delivery.
California argues in part that home delivery is being handled by state-licensed firms and vehicles transport the products on public roads. Advocates argue that such delivery ensures safe access to cannabis by homebound patients and other customers.