On behalf of 25 California city and county jurisdictions, attorneys from Churchwell White LLP filed a lawsuit against the California Bureau of Cannabis Control (“BCC”) on April 4, 2019. The lawsuit seeks to invalidate recent regulations by the BCC that violate the will of voters and state law by purporting to allow delivery of commercial cannabis statewide—even in those communities that have regulated or banned commercial cannabis.

Churchwell White LLP is representing the County of Santa Cruz; and the Cities of Agoura Hills, Angels Camp, Arcadia, Atwater, Beverly Hills, Ceres, Clovis, Covina, Dixon, Downey, McFarland, Newman, Oakdale, Palmdale, Patterson, Riverbank, Riverside, San Pablo, Sonora, Tehachapi, Temecula, Tracy, Turlock, and Vacaville in the litigation.

The lawsuit filed in Fresno Superior Court alleges that BCC Regulation 5416(d) is invalid because it eliminates the ability of cities and counties to regulate commercial cannabis deliveries within their communities, a key promise in Proposition 64, which legalized commercial cannabis activities in California.

These local governments have formed a geographically diverse coalition for the Safe Implementation of Marijuana Policy for Local Government (“SIMPL”). SIMPL seeks to ensure that Proposition 64, which legalized commercial cannabis activities in California, is implemented in a manner consistent with the way it was considered, voted on and passed by voters. In particular, SIMPL was formed to safeguard the right of each city and county to decide what types of commercial cannabis activities are appropriate for their community. SIMPL is not pro- or anti-cannabis. The SIMPL objective is to allow each community the ability to adopt rules that reflect their priorities and values consistent with the promise of local control contained in Proposition 64.

Learn more about SIMPL and the litigation at simplca.com, including the official Press Release and a petition to support the safe, local control and implementation of commercial cannabis in California.  You can also keep up with the latest updates by following SIMPL on Facebook and Twitter.