Bill Invalidating Cannabis Home Deliveries in California, Put Off


California may have lifted the marijuana prohibition in 2016, yet, this amendment has special rules regarding home delivery of cannabis products. Twenty-four city states of California, however, want to invalidate the bill regarding home deliveries of cannabis and seek to completely prohibit home deliveries nationwide. The ban includes bar pot shops.

Members of the League of California cities including County of Santa Cruz, Agoura Hills, Angels Camp, Arcadia, Atwater, Beverly Hills, Ceres and Covina among others seek to invalidate Title 16, section 5416(d) of the California Code of Regulations. This law permits the delivery of commercial cannabis to a physical address anywhere in the state. This, according to the plaintiffs, is in conflict with the intentions set by the Professions Code sections 26090 and 26200 that allowed deliveries of cannabis only when they comply with local law.

The proposal to invalidate the bill, however, will be put off until an indeterminate future time with lawmakers saying that doing so would only limit access to marijuana for consumers, including those who got prescriptions for medical marijuana. Also, this would be a great disadvantage for the state which is not currently earning much from cannabis.

“But all around us are these deserts of people who can’t get access. For people who are driving … 50, 60, 100 miles to go from their residence to Sacramento [to buy cannabis], it just doesn’t seem fair,” Assemblyman Kevin McCarty (D-Sacramento) said.

To pacify those who are against cannabis home deliveries, Assemblyman Ken Cooley (D-Rancho Cordova) cite enforcement grants and retail stores of cannabis. He also emphasized that every state has the right to have local control allowing state licensing of cannabis farms and stores.

Meanwhile, lobbyist Charles Harvey said allowing home deliveries would only empower the selling of pot in the black market and with every city deprived of its right to regulate their own rules regarding cannabis possession.

The regulation at issue effectively stripped local decision-making away from local jurisdictions and serves as a clear overreach by the BCC,” he said.

California is the first recorded city to allow home deliveries of cannabis products. To date, there are more than 100 state-licensed delivery companies that are guaranteed legal protection to conduct home deliveries to their customers. Home deliveries of cannabis in California, however, has to follow certain regulations.

For example, there are differences in the amount of cannabis allowed to be bought, depending on its concentrations. Retailers who are buying non-concentrated weed, are allowed to sell up to 28.5 grams; for concentrated cannabis, up to eight grams. For immature cannabis, up to six grams is the limit. There is also a different provision for medical marijuana. All of these provisions are applicable only for single day purchases.

Consumers should also just buy from a list of state-licensed delivery services.

Home deliveries of weed should also be received only by the person who made the order. He/she should be of legal age or 21 years and above.

The total cost of cannabis home delivery should also not be above $5,000. It should be carried by vehicles that will privately keep the cannabis, not allowing it to reveal clues on its shape or form.

In general, the use of recreational cannabis is still on its introductory phase, and its market may take time to grow and develop with states adapting new rules and regulations.

Despite these rules, it is reported that selling of cannabis illegally is still rampant all over the state. But with these rules, the government is hoping to crack down cannabis sales in the black market, and increase legal sales. 

Cannabis consumers are also advised to be always updated with new rules regarding the purchase of the substance and rules concerning its home delivery services.