24 cities that restrict pot sales sued Gov. Gavin Newsom’s administration Thursday, arguing that by allowing home deliveries in their city limits, the state is violating 2016’s Proposition 64, which legalized recreational marijuana.
California cities are suing the state to challenge rules allowing the home delivery of marijuana where pot shops are outlawed.
“We don’t want deliveries in our city because of the concern over criminal activity,” said Walter Allen III, a city councilman in Covina and retired police officer. “The problem we have is the state has taken it upon itself to bypass Proposition 64 and supersede our local ordinances, and we are really upset about that.”
Riverside Mayor Pro Tem Mike Soubirous said his city should be able to regulate when deliveries are made and who makes the deliveries, but said he believes the state rule has rendered him powerless to make those decisions. The lawsuit, which also includes Santa Cruz County as a plaintiff, argues that provision does not allow deliveries to the doorsteps of private homes, citing a memo from the Legislative Analyst’s Office.“Driving through a local jurisdiction on a public road, as the Legislative Analyst noted, is not the same as conducting a recreational marijuana transaction in the doorway of someone’s house,” the lawsuit says.
“They’re trying to redefine the constitutional rights of individual adult consumers to engage in activity that is customary, traditional and incidental to being in a residential zone,” said Khoja, a Sacramento attorney who represents licensed cannabis retailers. “They are couching this power grab as a reasonable restriction on commercial businesses, but they can’t ban all deliveries without affecting individual rights now guaranteed under Prop. 64.
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