Prop. 64, approved by the voters in 2016, preserved local authority to regulate cannabis businesses, including cannabis delivery. The Bureau’s regulation, which came into effect in January, undermines the voters’ intent by allowing cannabis delivery in any city in the state regardless of what local regulations may be in place. Given that this regulation contradicts the plain language of Prop. 64 and is contrary to the will of the voters to preserve local authority over cannabis deliveries, the cities are seeking a declaration by the court that the regulation is invalid and unenforceable.
Further, on Feb. 22, Assembly Member Ken Cooley introduced AB 1530, which makes explicit that a city may adopt a regulation that permits, restricts, limits, or bans cannabis delivery within the city.
Cities who would like more information on this litigation, may ask their city attorney to contact Patrick Whitnell
, League general counsel.