Los Angeles marijuana delivery

A key ruling in the fight to allow marijuana delivery everywhere in the state – regardless of local restrictions on marijuana retailers – was issued partially in the industry’s favor. Still, our Los Angeles marijuana business lawyers recognize it wasn’t all good news, and likely is just the beginning of what could be numerous, protracted legal battles. marijuana delivery lawyer

The Fresno County Superior Court earlier this month upheld the California law allowing licensed marijuana delivery companies to offer services anywhere in the state. Further, the ruling affirmed that while cities and counties can forbid these operations, enforcement is up to local government agencies.

What does this mean for marijuana delivery businesses? As our attorneys see it, they have one of two options:

Take the risk of battling with local governments trying to enforce their local bans on cannabis companies (including delivery services).
Cease delivery services to those areas.

The gig economy that contracts ride-share drivers is known for being unpredictable, tedious and, as contract workers, exempt from key employment benefits like health insurance, workers’ compensation and retirement savings. Now, with marijuana delivery services in L.A. and throughout California legal, cannabis companies are starting to poach these workers from big-name ride-share companies like Uber, Lyft and DoorDash. Los Angeles marijuana delivery attorney

Los Angeles marijuana delivery attorneys know the pace is likely to pick up now that California’s Bureau of Cannabis Control this month moved to allow the delivery of marijuana products throughout the entire Golden State. This includes allowing delivery drivers access to those areas with local bans on marijuana sales, per NBC San Diego. Although the move is opposed by the California League of Cities as well as numerous law enforcement agencies. Los Angeles marijuana delivery attorneys know means some drivers may get some flack from local police. In fact, as our cannabis criminal defense law firm knows, the state regulator took action to make this right explicit after several law enforcement agencies in non-pot-friendly communities made it known they intended to detain and arrest licensed marijuana delivery drivers who were ferrying marijuana through their cities for commercial purposes. Despite this opposition, the directive from the state control agency will become law next month unless the state’s Office of Administrative Law intervenes. If that occurs, the matter could wind up in court.

State marijuana regulators, given broad control by voters to regulate virtually every aspect of legal cannabis sales, maintain that when California voters passed Proposition 64 legalizing marijuana for recreational production, sales and possession, that included delivery services too. A spokesman for the agency noted that marijuana dispensaries that are regulated have tight security, verify each driver’s identity and legal age and are careful to make sure every employee is properly licensed. Continue reading

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