Skip to main content
Sunday, July 13, 2025
Home
Omaha Daily Record
  • Login
  • Home
  • Subscribe
  • Calendar
    • Real Estate
    • Small Business
    • Non-Profit
    • Political
    • Legal
  • Podcasts
    • Real Estate
    • Small Business
    • Non-Profit
    • Political
    • Legal
  • Profiles
    • Real Estate
    • Small Business
    • Non-Profit
    • Political
    • Legal
  • E-Edition
    • Current Issue
    • Archives
  • Real Estate News
    • Market Trends
  • Business News
  • Non-Profit News
  • Political News
  • Legal News
  • Editorial
    • Empower You
    • The Serial Entrepreneur
    • Tom Becka
  • Other News
  • Public Records
    • Wreck Permits
    • Building Permits
    • Electrical Permits
    • Mechanical Permits
    • Plumbing Permits
  • Real Estate Leads
    • Notice of Default
    • Active Property Sales
    • Active Probates
    • Deeds
  • Public Notices
    • State of Nebraska
    • City of Bennington
    • City of Gretna
    • City of Valley
    • Douglas County West Community Schools
    • Gretna Public Schools
    • Omaha Airport Authority
    • Omaha Housing Authority
    • Plattsmouth Community Schools
    • City of Omaha
    • Douglas County
      • Tax Delinqueny 2025
    • City/County Notice of Bids
    • City of Ralston
    • Omaha Public Schools
    • Millard Public Schools
    • Ralston Public Schools
    • Westside Community Schools
    • Bennington Public Schools
    • Learning Community
    • MAPA
    • MECA
    • Omaha Airport Authority
    • Village of Boys Town
    • Village of Waterloo
    • Sarpy County
      • Tax Delinquency 2025
    • City of Bellevue
  • Advertise
    • Place a Legal Notice
    • Place a Print Ad
    • Place a Classified Ad
    • Place an Online Ad
    • Place Sponsored Content
  • Available For Hire
    • Real Estate
      • Contractors
      • Clerical
    • Legal
      • Paralegal
      • Clerical
  • About
    • Our History
    • Our Office
    • Our Staff
    • Contact Us

You are here

Home » Judge Nixes Suit Over California Home Pot Delivery

Judge Nixes Suit Over California Home Pot Delivery

Published by Nikki Palmer on Sun, 11/29/2020 - 4:00am

Marijuana grows at an indoor cannabis farm in Gardena, Calif., Aug. 15, 2019. In what could be a temporary victory for California’s legal cannabis industry, a state judge has dismissed a lawsuit that sought to overturn a state rule allowing home deliveries statewide, even into communities that banned commercial marijuana sales. (AP)
By 
Michael R. Blood
The Associated Press

Los Angeles – In what could be a temporary victory for California’s legal cannabis industry, a judge has dismissed a lawsuit that sought to overturn a state rule allowing home deliveries statewide, even into communities that banned commercial marijuana sales.

The court challenge raised a fundamental question in the nation’s largest legal pot market: Where can you buy it? The state earlier ruled a licensed delivery can be made into “any jurisdiction” within California.

But a group of local governments behind the court challenge argued that the state was usurping their authority to regulate marijuana sales within their borders.

While the cities argued that the state rule “removes local regulatory power,” Fresno County Superior Court Judge Rosemary McGuire agreed with the state that the regulation and local ordinances “do not occupy the same field and are not in conflict.”

Without a conflict, “this matter is not ripe for adjudication,” she concluded in a Nov. 17 order.

McGuire agreed with the state that the regulation applies to state cannabis license holders, not local governments that filed the lawsuit. The state regulation “does not command local jurisdictions to do anything or preclude them from doing anything,” she added. “It does not command local jurisdictions ... to permit delivery. Nor does it override their local ordinances prohibiting or regulating delivery.”

With the case dismissed, marijuana deliveries will continue under the umbrella of the state rule.

But attorney Steve Churchwell, who represented the local governments, said the ruling did not affect the rights of cities and counties to regulate – or prohibit altogether – cannabis deliveries within their borders.

McGuire noted the state rule “does not impact the rights of any of the (local governments) to regulate cannabis or cannabis delivery.” She added, “Local jurisdictions can impose regulatory and health and safety standards that are stricter than state laws.”

The judge’s reference to the case’s “ripeness” appeared to suggest that the debate might not be over.

Ellen Komp, deputy director of the California arm of the National Organization for the Reform of Marijuana Laws, known as NORML, called the decision a victory for recreational and medicinal users. “It’s an overreach of local control for a city to say that someone living there can’t receive a delivery from a licensed business,” she said in an email.

When the state adopted the delivery rule in 2019, the League of California Cities and police chiefs complained that unrestricted home deliveries would create an unchecked market of largely hidden pot transactions, while undercutting local control guaranteed in a 2016 law broadly legalizing marijuana sales.

Marijuana companies and consumers had pushed for home deliveries because vast stretches of the state have banned commercial pot activity or not set up rules to allow legal sales. Residents in those areas are effectively cut off from legal marijuana purchases.

User login

  • Request new password

            

Latest Podcasts

  • Real Estate
  • Political
  • Political
  • Real Estate

Nebraska Landlord

Betches Sup - A Liberal News Commentary

Ruthless - A Conservative News Commentary

REIA Radio Show

Omaha Daily Record

The Daily Record
222 South 72nd Street, Suite 302
Omaha, Nebraska
68114
United States

Tele (402) 345-1303
Fax (402) 345-2351
 

The Daily Record
222 South 72nd Street, Suite 302 | Omaha, Nebraska 68114 | United States | Tele (402) 345-1303 | Fax (402) 345-2351 | Sitemap
Site Design, Programming & Development by Surf New Media