The revised regulations issued on Oct. 19 are even more problematic for cities than the draft the BCC released in July. The modified proposed regulations not only prohibit a city from banning cannabis deliveries within their jurisdiction, they also prevent cities from enacting delivery regulations in a way that works best for their local communities.
There are two main provisions that conflict with the language and intent of Proposition 64 and will undermine cities' ability to effectively regulate cannabis locally. These provisions remove limitations on cannabis deliveries and establish unrealistic timelines for adequate local government review of license applications.
Problems with Proposed Modified Regulations
Section 5416(d) removes limitations on cannabis deliveries. This section strips local governments’ authority to prohibit cannabis deliveries and prevents local governments from enacting their own local cannabis delivery regulations.
Section 5002(c) (28) would undermine the ability of local agencies to ensure community standards are met by establishing a 10-day shot clock for local governments to verify if a licensee has obtained necessary local approvals.
Nov. 5 Deadline to Voice Your City’s Opposition to the Modified Proposed Regulations
The League has submitted written comments
to the BCC on the modified proposed regulations.
Cities have until Monday, Nov. 5 at 5 p.m. to submit an opposition letter to BCC. The League has prepared a sample letter
for cities to use.
Letters should be submitted via email to BCC.firstname.lastname@example.org
Letters can also be mailed to:
Lori Ajax, Chief
Bureau of Cannabis Control
P.O. Box 419106
Rancho Cordova, CA 95741
The BCC has not set a date to release the final regulations. Once the BCC issues them, the Office of Administrative Law will have 30 days to review and determine if the regulations will be implemented as adopted by BCC.
The League will continue to update members on developments.