Pubdate: Thu, 21 Jan 2016
Source: Sacramento News & Review (CA)
Column: The 420
Copyright: 2016 Chico Community Publishing, Inc.
Contact:  http://newsreview.com/sacto/
Details: http://www.mapinc.org/media/540
Author: Ngaio Bealum

JUDGMENT DELIVERED

Can California cities and counties really ban marijuana delivery services?

- -Roland A. Blount

Of course they can. When it comes to marijuana, cities can pretty 
much do whatever they want. However, creating a ban and enforcing a 
ban are two different things. As we have demonstrated time and time 
again, when there is a battle between cannabis and prohibition, weed 
always wins.

Last week, we mentioned the giant "ban wagon" just about every city 
and county outside of the larger metropolitan districts has jumped 
aboard. Legislators all over the state, aided and abetted and egged 
on by the League of California Cities, are enacting bans on 
cultivation, storefront dispensaries and even delivery services. 
There have been some victories: The city of Marina rejected a 
proposed ordinance that would have banned marijuana in favor of 
redrafting to allow licensed growth and delivery, and Santa Rosa 
turned down a ban so it would keep its current regulation with an eye 
toward creating even cooler rules. (Way to go, Santa Rosa!) 
Meanwhile, Long Beach banned cultivation and storefronts, but will 
allow delivery. There are a few more successes, but honestly, the 
prohibitionists are having a field day with bans.

But are all of these bans practical? How are you going to stop people 
from driving around with weed in their car? Medical cannabis patients 
can possess up to 8 ounces, so it would be hard to prove intent to 
sell unless you caught someone in the act. I guess the police could 
set up a sting operation, but is that really the best use of police 
time and resources? Didn't a cop from Yuba County just get busted for 
attempting to sell 200 pounds of weed in Pennsylvania? Looking at 
you, Chris Heath (http://tinyurl.com/calicopbusted). My point is: If 
they can't stop their own guy from driving around with a yang of weed 
(and where did he get the weed?), how are they going to stop someone 
with a few ounces? These bans are unenforceable.

I asked my friend James Anthony, Oakland-based cannabis zoning lawyer 
supreme, about these delivery bans and he made a good point: Delivery 
services are a natural free-market reaction to the banning of 
storefront medical cannabis dispensaries. He's right.

Hey, all you legislators, listen up: You can't stop weed. Prohibition 
is never the answer (I know, I said the same thing last week. People 
don't listen is my point). It is way past time for cities and 
counties to stop being dicks about this issue. Weed isn't going 
anywhere, so these politicians need to start making good decisions 
for their constituents. Medical cannabis clubs don't increase crime, 
they increase jobs and revenue. Growing weed isn't a threat to 
anyone's health. In fact, growing medicinal weed in California isn't 
even a crime anymore, thanks to the ruling from Kirby v. County of 
Fresno (http://tinyurl.com/kirbyvfresno). The only thing these bans 
will accomplish is a worsening of the status quo. Laws are supposed 
to make things better.
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MAP posted-by: Jay Bergstrom