Legal in California? 62% of cities and counties prohibit retail marijuana sales.

California became the first state to legalize medical marijuana with the Compassionate Use Act of 1996. In 2006 voters approved Proposition 64, the Adult Use of Marijuana Act. .

Sixteen years later, California remains a patchwork of area where it is legal, and illegal to, establish a cannabis business.

• 62% of California cities and counties do not allow any retail cannabis business

• 56% of cities and counties do not allow any type of cannabis business

In January 2019, the California Bureau of Cannabis Control Cannabis issued a regulation allowing home delivery in “opt-out” jurisdictions, which led to a lawsuit by 24 cities

“We don’t want deliveries in our city because of the concern over criminal activity,” said Walter Allen III, a city councilman in Covina and retired police officer. “The problem we have is the state has taken it upon itself to bypass Proposition 64 and supersede our local ordinances, and we are really upset about that.”

The lawsuit was also supported by the League of California Cities, which said in a statement that the home-delivery rule “undermines the voters’ intent.”(LA Times April 5 2019)

In New York State, cities and towns that have “opted-out” of either retail consumption clubs can expect regulations allowing state-wide retail delivery . “We do not want to put up barriers to the success of this industry”, said Tremaine Wright, chair of the NYS Cannabis Control Board..

Cannabis remains illegal under Federal law, a Schedule 1 prohibited drug under the 1970 Controlled Substances Act.