Proposed Regulations Make Cannabis Deliveries Legal in Areas Where Pot Businesses are Banned

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ROCKLIN -- California regulators ruled marijuana deliveries can be made across the state, even in areas that ban cannabis businesses.

Three California agencies released proposed regulations Friday for the state’s marijuana industry, including deliveries. It’s a move that could face lawsuits.

Some cities in our area aren’t too happy about the proposed regulations, especially Rocklin.

The mayor says it should be up to the city to decide whether cannabis deliveries are allowed in their area and he worries his community could be at risk.

But marijuana advocates disagree, saying deliveries are a necessity for people who are sick and unable to leave their homes.

“It makes it accessible to everyone. Not everyone wants to be seen at the store. Not everyone wants to drive with cannabis,” said Javier Hernandez.

You could be seeing more of these deliveries because regulators ruled Friday that marijuana deliveries are allowed anywhere in the state; even in cities and towns that have outlawed cannabis businesses.

Good news for Javier Hernandez, director of Humble Root, a cannabis delivery service in Sacramento.

“This is going to allow us to go into the county and surrounding areas, and be able to serve those areas, since they don’t have access right now legally to cannabis,” Hernandez said.

But, city leaders in Rocklin aren’t as thrilled.

“We really believe that it creates a risk for our citizens. We need to have the decision-making on what occurs within our communities and not have things forced upon us,” said Kenneth Broadway, Rocklin's mayor.

When voters passed Proposition 64 in 2016, legalizing recreational marijuana, it gave local governments authority to regulate or ban cannabis dispensaries in their area. The city of Rocklin banned it.

Broadway, says allowing cannabis deliveries goes against the spirit of their ban.

“It really takes away the citizens' rights and doesn’t allow them to make that decision,” Broadway stated.

He worries these deliveries could come with a rise in crime for the city, but cannabis business advocates claim regulating deliveries actually makes communities safer.

“The bans, those local ordinances prohibiting sales -- that’s not prohibiting sales; that’s just preventing regulated sales,” said Hezekiah Allen, a cannabis business advocate. “People in those communities are getting those deliveries right now today in an untaxed, unsafe marketplace. In my opinion, the most responsible thing we can do is regulate the sale.”

The regulators’ ruling is expected to face legal challenges moving forward so the pot delivery discussion, is likely far from over.

These proposed regulations will become permanent next month, after state lawyers finish reviewing them.

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