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League Shares New Cannabis Regulations that Undermine Local Authority to Ban Deliveries

*Provided by the League of California Cities

League Shares New Cannabis Regulations that Undermine Local Authority to Ban Deliveries

Proposed Bureau of Cannabis Control (BCC) regulations released in July would preempt cities’ local control and regulatory authority in several ways.
The regulations would authorize cannabis businesses to deliver in any jurisdiction and reduce the amount of time cities have to determine the validity of a cannabis business license. If approved, the regulations formally adopt the emergency regulations BCC implemented in December 2017. Cities have until Aug. 27 to voice opposition to this problematic proposal.

Proposed Regulation Details

Under the proposed regulations, cannabis deliveries would be authorized in any jurisdiction within California. This preemption of local authority goes against the intent of voters who passed Proposition 64 in 2016. By preempting a local jurisdiction’s ability to allow or ban cannabis deliveries, a critical part of the local enforcement model of cannabis legalization is removed by effectively opening up all jurisdictions to having cannabis delivered to their front doors.

In addition, these proposed regulations create a 10-day “shot clock” for cities to respond to the BCC’s inquiry of the validity of either an annual or temporary cannabis license. Under current law, cities have 60 days to determine if a cannabis license is indeed valid. This 10-day “shot clock” does not afford cities sufficient time to review license applications and respond to the BCC. The rushed timeline would favor those who may intend to skirt local requirements rather than comply with them. It also undermines a fundamental pillar of Prop. 64 safeguarding that local jurisdictions can regulate cannabis in their communities. Ensuring that a local jurisdiction has approved of either a temporary or annual license is key to promoting public safety and should not be reduced to an over-the-counter approval process.

To learn more and to see how to take action, click here