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California Judge Dismisses Cannabis Delivery Lawsuit - MjLink Cannabis Business News and Press

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California Judge Dismisses Cannabis Delivery Lawsuit

Cannabis Business Times Marijuana News Friday, 20 November 2020
1 minute reading time (190 words)

A California judge has dismissed a lawsuit that sought to overturn a rule that allows cannabis companies to deliver statewide, even into municipalities that have banned cannabis sales, according to an AP News report.

Although the state has allowed licensed cannabis deliveries in “any jurisdiction” within California, the group of local governments behind the lawsuit argued that the state did not have the authority to regulate cannabis sales within their jurisdictions, the news outlet reported.

RELATED: California Municipalities Go to Trial Against the State in Cannabis Delivery Lawsuit

Fresno County Superior Court Judge Rosemary McGuire sided with the state Nov. 17, ruling that the state’s delivery regulations and local ordinances “do not occupy the same field and are not in conflict,” and without a conflict, the case could be dismissed, according to AP News.

Cannabis deliveries may now continue under state regulations, the news outlet reported, although McGuire noted in her ruling that state law “does not impact the rights of any of the [local governments] to regulate cannabis or cannabis delivery,” and that “local jurisdictions can impose regulatory and health and safety standards that are stricter than state laws."


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