Arcadia Joins Lawsuit Seeking to Stop Cannabis Delivery

The Arcadia City Council banned all commercial and industrial marijuana uses, including the prohibition of deliveries and mobile vending. – Courtesy photo

The City of Arcadia has joined 24 local agencies in a lawsuit against the California Bureau of Cannabis Control (BCC) after a recent decision that allows commercial delivery of cannabis in California, including in cities that have regulated or banned commercial marijuana.

The lawsuit, filed by attorneys at Churchwell White LLP, seeks to invalidate recent regulations by the BCC that, according to the city, violate the will of voters and the law by purporting to allow delivery of commercial cannabis to any physical address in the state. The lawsuit contends that the regulations conflict with state law, which allows the commercial delivery of marijuana only when it complies with local law.

California voters passed Proposition 64 in 2016, which decriminalized marijuana possession for recreational use. The law, however, gave cities the ability to regulate or ban marijuana sales in their jurisdictions. The Arcadia City Council did just that, banning all commercial and industrial marijuana uses, including the prohibition of deliveries and mobile vending. While Proposition 64 specifically allowed cities to enact such bans, recent BCC regulations allow state-licensed marijuana businesses to deliver anywhere in California regardless of local preference.

“The BCC regulation eliminates the ability of cities to regulate commercial cannabis deliveries within their communities,” said Mayor Sho Tay. “We want to make sure that the promises made to voters under Proposition 64 are kept, and ensure the state does not take away local control.”

The lawsuit, filed in Fresno Superior Court, aims to overturn the state regulation so that cities and counties can block or restrict marijuana deliveries in their borders.

For more information, please call the City Manager’s Office at (626) 574-5401.

April 8, 2019

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