delivery

Colorado Legislature Passes Marijuana Delivery Bill

The Colorado Legislature passed a bill that will allow medical and recreational marijuana stores to deliver marijuana to customer’s homes. The state will begin issuing medical marijuana delivery permits on January 2, 2020, and retail marijuana delivery permits on January 2, 2021. The bill allows stores to deliver of marijuana to a customer’ private residence so long as the customer resides in a city where a majority of voters agreed to permit delivery.

Local municipalities may prohibit the delivery of marijuana within their jurisdiction. The permit expires one year from the grant if the applicant is unable to find a local jurisdiction that will permit the activity. The marijuana retailer is required to charge a $1 surcharge for each delivery that is to be submitted on a monthly basis to the city where the retail store is located for law enforcement activities.

The bill also authorizes the creation of a distribution facility where marijuana may be centrally stored and delivered to other businesses. The license is valid for two years but cannot be transferred with a change in ownership.

The California Cannabis Delivery Crises: Will the Black Market Prevail?

California’s new cannabis regulations allow for the home delivery of cannabis in all 482 cities in the state. The state adopted these regulations to fight the black market in areas where municipalities have opted out of the cannabis marketplace. Twenty-four (24) of these cities filed a lawsuit against the state to stop these delivery services. They claim that California’s new delivery regulations violate Proposition 64 by removing their ability to prohibit cannabis activities. The cities also claim that the delivery service will introduce crime and unsafe conditions.

Without the state delivery rules, Californians must travel to purchase cannabis or buy from the black market. Our review of the 212 cities within Southern California shows that 187 of these cities do not permit retail cannabis activity. Only sixteen (16) cities permit non-storefront delivery, and twenty-one (21) cities allow cannabis stores to deliver to a person’s home. This data substantiates the existence of cannabis deserts. If the cities to the lawsuit prevail, California will need to develop creative tactics to combat the growth of the black market in these areas.

California: 7 Cannabis Bills Vetoed Including Donated Cannabis and Common Space

California Governor Jerry Brown vetoed 7 cannabis bills including one allowing dispensaries to donate cannabis to patients, which is surprising given the level of public support and precedence in other states such as Washington.

The reasons cited for the Governor’s vetos showed a general deference to the cannabis regulatory agencies. So long as the regulatory agencies take action, the Governor’s approach may work as the industry will be able to provide meaningful input into the final rules.

Below is a description of the bills along with the Governor’s reason reason for vetoing.

  • AB-1863: Personal income tax: deduction: commercial cannabis activity: The bill provided individuals with the ability to deduct expenses associated with a cannabis business. Governor Brown vetoed the bill indicating that it should be considered as a part of the budget process due to the cost to the General Fund.

  • SB 829: Cannabis: Donations: The compassionate care bill permitted dispensaries to provide free marijuana products to medical marijuana patients. Governor Brown vetoed the bill indicating that it conflicted with the Control, Regulate and Tax Adult Use of Marijuana Act, and undermined the rules and the intent of voters. The bill is currently being considered by California’s Senate, and will need a 2/3 vote to become law.

  • AB-2255: Cannabis: distribution: deliveries: violations: The bill prohibits a licensed distributor from transporting marijuana product that exceeds the shipping manifest, and requires presentation of the shipping manifest upon request. The bill authorized law enforcement agencies to issue citations for violating these provisions. Governor Brown vetoed the bill due to the nascency of the enforcement process, and he indicated that the authority for enforcing the delivery regulations resided with the Bureau of Cannabis Control.

  • AB-2980: Cannabis: premises: common space: The bill allows multiple cannabis licensees to share common spaces in a building such as bathrooms, lunchrooms or hallways. Governor Brown vetoed the bill so that the regulators licensing these entities could address the issue in the regulations rather than in a statute.

  • AB-3069: Cannabis: informational, educational, or training events: The bill permitted cannabis licensees to hold informational and training sessions with state and local employees, among others, without a temporary cannabis event license. Governor Brown vetoed the bill as nothing within the current legal framework would prohibit such an event.

  • AB-2058: Vehicles: driving under the influence: cannabis: The bill required the Department of Motor Vehicles to capture instances in which an individual was driving under the influence of cannabis so that the data could be used for monitoring impact of legal cannabis. Governor Brown vetoed the bill due to the technology burden on the Department of Motor Vehicles and the demand of other priorities.

  • AB-1996: The California Cannabis Research Program: The bill allowed the program to cultivate cannabis for research purposes, expanded the scope of the research and authorized controlled clinical trials to focus on examining testing methods. Governor Brown vetoed the bill citing that it conflicted directly with the Control, Regulate and Tax Adult Use of Marijuana Act.

CALIFORNIA'S LEGISLATURE PRESENT 21 IMPORTANT CANNABIS BILLS TO GOV BROWN

In a flurry of activity, the California Legislature passed twenty-one cannabis bills in the last weeks prior to the end of the regular session on August 31st. The Legislature has presented Governor Jerry Brown with fifteen (15) bills for him to either sign or veto.  An additional six (6) bills will be presented to the governor following the engrossment process.

The scope of the bills passed by the California Legislature in the last couple of weeks of August has been monumental.  The bills address important and meaningful issues raised by constituents.  The highlights include the state driven expungement of marijuana convictions; compassionate care programs that permit the donation of cannabis products to individuals in need; the ban of cannabis in alcoholic beverages; the protection of personal data from the federal government; the expansion in industrial hemp cultivation; restricted provisioning of marijuana to animals;  equitable expansion of the cannabis industry; and the administration of cannabis on to children on schoolsites.

The following fifteen (15) bills were presented to the governor for his signature.  The links below provide the THCReg.com summary article and the final bill text.


The following six (6) bills are being enrolled and will be presented to the governor shortly. The links below provide the THCReg.com summary article and the final bill text.

CALIFORNIA SENATE PASSES DELIVERY BILL

The California Senate unanimously passed a third reading of bill AB-2255 Cannabis: distribution: deliveries: violations.  The bill prohibits a police officer from seizing cannabis products unless the seizure is authorized by law and the officer has probable cause to believe that a criminal cannabis violation has occurred. The bill also prohibits the transport of cannabis in excess of the amount contained in the shipping manifest, and clarifies that a cannabis delivery that occurs using a counterfeit shipping manifest will be illegal.  The bill allows police officers to issue citations for violating these requirements as prescribed by the Bureau of Cannabis Control.