SB 1302 (Lara) Cannabis: Local Jurisdiction: Prohibitions on Delivery

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League Opposes

SB 1302 would prohibit local jurisdictions from adopting or enforcing ordinances that would prohibit a cannabis licensee from delivering cannabis within or outside of the boundaries of that local jurisdiction.

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Letter will be sent to: Senator Ricardo Lara

Please modify this letter as needed to express your city’s support or concerns for the issue at hand (salutation is automatically added):

Dear Senator Lara,

The CITY OF CITY opposes your SB 1302 (Lara), which would essentially force local jurisdictions to allow cannabis deliveries within their jurisdictions. This bill goes against the intent of voters who passed Proposition 64 by removing a local jurisdiction’s ability to allow or ban cannabis deliveries.

Existing law, constructed by both the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and Proposition 64, states that local jurisdictions have the ability to adopt and enforce local ordinances to regulate cannabis businesses. SB 1302 would fundamentally alter this pillar of cannabis legalization by prohibiting local jurisdictions from adopting or enforcing ordinances that would prohibit a cannabis licensee from delivering cannabis within or outside of the boundaries of that local jurisdiction.

Furthermore, existing law also states that a local jurisdiction shall not prevent delivery of cannabis or cannabis products on public roads by a licensee acting in compliance with local and existing law. This provision, enacted by the voters of California, already authorizes licensees to use public roads for cannabis deliveries regardless of whether the jurisdiction allow for deliveries. Consequently, this bill would remove the ability for local jurisdictions to decide if cannabis deliveries should be allowed in their communities.

[PLEASE CITE SPECIFIC CONCERNS AND HOW YOUR CITY WILL BE EFFECTED BY THIS BILL HERE.]

SB 1302 removes the ability for local jurisdictions to decide what is appropriate for their communities by removing their authority to ban deliveries. In so doing, this bill will remove a critical part of the local enforcement model of cannabis legalization and open up all communities to having cannabis delivered to their front doors. This is contrary to the framework understood by the voters when approving Prop. 64.

There are potentially far reaching fiscal implications for local jurisdictions that, under this bill, would be required to allow deliveries. With the influx of cannabis deliveries, there would be increased associated public safety costs for enforcement and diminished safety of the public. With the current state of cannabis business being all cash, delivery cars are prime targets for theft or burglary.

Some patience with this newly-minted law is necessary. As California’s experiment with legalizing cannabis unfolds, many jurisdictions that opted not to allow sales and distribution within their jurisdiction are observing the experience in other jurisdictions.  In time, as successful examples of local implementation emerge, more jurisdictions can be expected to alter their policies and permit the sales and use of cannabis.

For these reasons, the CITY OF CITY opposes SB 1302.

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SB 1302 (Lara) Cannabis: Local Jurisdiction: Prohibitions on Delivery

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