24 Cities Sue State Over Regulations, Trying To Put An End To Pot Delivery

SACRAMENTO COUNTY (CBS13) — Two-dozen municipalities across California coming together to try to put an end to pot deliveries. Eleven local cities from Solano to Stanislaus counties have joined the lawsuit.

The state policy says marijuana companies can drive around and make home deliveries anywhere in the state, but leaders from 24 cities now want local control over who can deliver and where. Some marijuana companies say regulating deliveries will put the brakes on their businesses for good.

Maisha Bahati is co-owner of a new marijuana business: "Crystal Nugs." The company only does delivery.

"We fought to get here. It took us two and a half years to get here," Bahati said.

The Bureau of Cannabis Control developed delivery regulation over a two-year period.

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"Everything is regulated to a 'T.' Everything is tested multiple times," Bahati said.

She says the state also requires her to put her product on lockdown, literally. Every delivery has to be under lock and key in the back of her delivery car. She worries if the lawsuit passes, delivery businesses like hers won't survive.

"That would certainly limit the radius that we could deliver. That could kill a new cannabis business overnight," Bahati said.

She also worries about her clients who don't drive and would somehow have to get to a dispensary.

"More so it hurts the consumers who rely on cannabis products. There are a lot of elderly that call us every week," she said.

Two of the cities in the lawsuit are Ceres and Dixon. We spoke to city managers from both towns who call state-run delivery a "fatal flaw" for cannabis control.

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"That's not really the real local control we were looking for, and promised, with prop 64," said Dixon City Manager Jim Lindley.

Ceres has two dispensaries, Dixon has one. Those businesses have local permits, but also relationships with leaders and law enforcement. These city managers say delivery drivers do not.

"With a delivery, we have no idea who is doing the delivery.  How is that person vetted? Who is the actual person doing the delivery? We're not opposed to the delivery service at all. We just think the delivery service needs to be regulated like the rest of the industry," said Toby Wells, Ceres City Manager.

The lawsuit was served to the Bureau of Cannabis Control on Tuesday. Leaders with the state-run organization said the public voted clearly for statewide delivery in 2016. Unless a Judge halts these services while the case is pending, drivers can continue to deliver.

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