The Columbus Dispatch

Marijuana legal in California, or is it?

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California law allows adults to buy marijuana. It allows licensed businesses to deliver marijuana to customers, and it says specifical­ly that cities and counties cannot prevent delivery services from traveling on public roads. Yet many cities currently ban deliveries to their jurisdicti­on.

That means that unlike deliveries of virtually every other legal, adult-use product — including alcohol and cigarettes, which can be ordered over the internet in California — marijuana deliveries are barred.

The practical effect is that residents in some places have little to no access to legal medical or recreation­al cannabis products because of local regulation­s — which seems contrary to the intent of Propositio­n 64. Roughly half of California­ns live in cities or counties that prohibit marijuana stores and delivery services from opening in their jurisdicti­ons. An analysis by the Sacramento Bee earlier this year found residents in 40 percent of the state had to drive 60 miles or more to find a licensed dispensary to buy legal marijuana — medical or recreation­al.

Of course, that doesn’t mean that residents in those so-called pot deserts can’t get their hands on marijuana. They just can’t get legal cannabis products that are regulated and taxed. No wonder California’s ample black market is still thriving. At last count, the state has sent more than 2,500 cease-and-desist letters to illegal pot businesses.

Now California’s Bureau of Cannabis Control wants to clarify the law. Draft regulation­s released by the agency last month would make it clear that marijuana businesses may deliver to any private address in the state — regardless of whether the city or county permits actual brick-and-mortar pot shops in the jurisdicti­on.

Delivery employees would still need to confirm the identity and age of the buyer, and the delivery would have to be made to a private physical address — no pot drops on public property would be allowed. The intent is to ensure that adults in California have access to legal marijuana no matter where they live.

The League of California Cities and other groups oppose the proposed regulation­s, arguing that Propositio­n 64 gave local government­s the right to ban commercial cannabis activity. That’s true, up to a point. Cities can — and should — be able to decide whether they want to take on the responsibi­lity of permitting pot shops, marijuana farms and other cannabis businesses within their boundaries. Many cities have taken a waitand-see approach, given the complexiti­es and potential enforcemen­t headaches with licensing a new industry.

But why should a city be able to prohibit an individual from buying a legal product from a licensed business that is located outside their boundaries?

Of course, marijuana is different from other products and California is still navigating the intricacie­s of legalizing a drug that is prohibited under federal law. So, yes, it’s understand­able that some cities and counties want to move extra cautiously on marijuana regulation­s.

The problem, however, is that too much caution and too many bans on commercial sales undermine one of the key goals of legalizati­on, which was to transform the uncontroll­ed black market for marijuana into a legal, regulated market for adults. The more California cities prohibit legitimate marijuana businesses, the more likely medical and recreation­al pot consumers will rely on unlicensed sellers. That’s the reality of the marketplac­e.

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