Thanks to Proposition 64, which was passed in 2016 and took effect in 2018, adults 21 and older have been able to enjoy weed delivery services throughout California. But when 25 local governments decided to sue the Bureau of Cannabis Control (BCC) in 2018, cannabis lovers feared the ruling may be overturned. In the suit, legislators from around California requested that the court overturn the policy (as established by Prop. 64) that allows cannabis delivery services to operate in so-called ‘ban towns’ where cannabis commerce is not permitted.
The suit has been simmering for some time, waiting for its moment before a judge, and on November 18th, 2020, it had its day in court. To the relief of many consumers and cannabis companies alike, the judge ruled to throw out the suit, opting to uphold the policy and allow marijuana delivery services to continue offering delivery to customers in ‘ban towns.’
Although the judge ruled in favor of cannabis delivery services and their far sprung clients, the suit has raised questions and concerns from individuals worried about what might happen should they continue ordering cannabis delivery in a banned area. Here, we’re giving you all the information you need to safely and legally order marijuana delivery in California:
Is Marijuana Delivery Legal in California?
Long story short: Yes, weed delivery is legal in California. Even if you live in an area that bans dispensaries from setting up shop, you can still easily find cannabis delivery near you.
Based on policies established in Prop. 64, licensed cannabis delivery services are able to deliver to any adult over 21 or medical marijuana patient over 18, regardless of any local ordinance restricting cannabis commerce.
Do You Need a Medical Marijuana Card to Order Weed?
In California, recreational cannabis is legal for all adults over 21. So as long as you have reached your 21st birthday, you do not need a medical marijuana recommendation to order weed delivery. If you are not 21 but do want to order cannabis delivery, you must be at least 18 and have a valid medical marijuana recommendation to purchase cannabis in any form, including delivery. On top of that, the government issued Medical Marijuana Identification Card (MMIC) is required to receive a sales tax exemption.
Can You Be Arrested for Smoking Weed in Public?
Like alcohol, it is illegal to consume cannabis or carry open containers on public property or outside of designated areas. Californians can enjoy smoking or consuming cannabis products in the privacy of their own home, or in one of California’s many smoking lounges — often affiliated with dispensaries. If you own your own home, California law allows you to legally smoke anywhere on the property. But if you rent, your landlord or management company could ban marijuana use.
If you are caught smoking weed in public by a property owner or public official, the most likely consequence will be that you will be asked to leave. If law enforcement is involved, there is a slim chance you may be required to pay a fine. As long as you have less than 1 ounce, you are unlikely to raise suspicion and will probably be let off with a warning.
Will You Lose Your Lease for Ordering Cannabis Delivery?
If you rent, and your landlord has banned cannabis use on the premises, they have the right to issue a fine or evict you based on the terms of your lease. However, unless you are making it abundantly obvious that you are smoking in your apartment or on the property, it is unlikely that your landlord or neighbors will notice. Smoke at your own risk. Edibles, beverages, tinctures and vapes make great options when smoking is not allowed.
Why Do Some California Towns Not Allow Cannabis Delivery?
Despite California’s reputation as a haven for stoners and a hotspot for the cannabis industry, there are still some areas of the state that restrict or ban cannabis commerce entirely. Although most residents of the state embrace the economy-boosting cannabis industry, some local governments remain convinced that legalized marijuana, dispensaries, and cannabis commerce will draw ‘the wrong crowd,’ attracting crime and driving down property values.
In fact, the cannabis industry has helped to reduce drug-related crime throughout California (and other states that have moved to legalized recreational marijuana) and for many, property values have increased as the thriving industry has increased job opportunities. Towns that have banned cannabis commerce do not grant licenses to dispensaries, reject petitions for cannabis companies to set up shop in the area, and create policies banning delivery services from entering the areas.
Will You Be Arrested Or Fined If You Order Cannabis Delivery In A “Dry” Town?
Although many so-called ‘ban towns’ threaten to fine and punish cannabis delivery services and those using them, it is virtually impossible to actually enforce these policies, and cannabis delivery companies continue to deliver indiscriminately throughout California. Most local governments simply don’t have the resources to prevent cannabis delivery from happening, making bans on marijuana delivery more theoretical than practical. As of now, you are unlikely to face consequences if you order cannabis delivery in a dry town.