Are You Delivering Illegally?

On July 13th, the proposed permanent California cannabis regulations were released. In hopes of shoring up loose ends and making cannabis more accessible to more people, regulators have included a subsection that reads “A delivery employee may deliver to any jurisdiction within the State of California.” This clarification is needed because while local jurisdictions can’t stop deliveries through their lands, they can currently ban deliveries that terminate on their land. 

However, the permanent regulations are not yet law and cities and counties can prohibit licensed businesses to deliver cannabis to their residents. In fact, deliveries into the majority of the Sacramento County are currently prohibited because most of the governing jurisdictions have passed ordinances that prohibit all commercial cannabis activity.

In the greater Bay Area, even of those cities and counties that allow outside deliveries, most limit deliveries to medical marijuana and/or require local registration along with a local permit. This includes Livermore, Concord, Menlo Park, Davis, most of Marin County, to name a few.

The state will end a 45-day public comment period for the proposed permanent cannabis regulations on August 27th, and, with any luck, regulators won’t make any major or substantial changes to the specific related subsection. However, until those regulations become law, access to both legal and medical cannabis is restricted for many Californians. Not all jurisdictions are created equal and you may be unintentionally breaking the law by delivering to some of your customers.

As there are over 120 jurisdictions alone in the greater Bay Area it can be tough to navigate the large number of ever changing local regulations. For example, while Pleasant Hill (Urgency Interim Zoning Ordinance No. 920) has a moratorium on cannabis activity until December it allows outside delivery, whereas Martinez (Ordinance No. 1411 C.S.) has banned all new cannabis businesses and outside delivery altogether. We make it our business to stay up to date with local regulations. If you need any help navigating in the local terrain to stay on the correct side of the law, give us a call. 

 

Summary of Proposed Regulatory Changes from the Bureau of Cannabis Control: here

More information on the Regulatory Process: here and here

If you would like to make public comment on the new regulations, the Bureau of Cannabis Control will have their last public hearing on August 27, from 10 a.m. to 12 p.m. at the Tsakopoulos Library Galleria, 828 I Street in Sacramento. During the hearing, the public is welcome to present oral comments or submit written comments in person as it pertains to the Bureau’s proposed regulations.