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Arcadia and Coalition Cities Prevail in Lawsuit Over Local Control of Cannabis Sales

On July 7, a Fresno County Superior Court judge dismissed an appeal by the California Bureau of Cannabis Control (BCC) of a lawsuit brought by a collation of 25 cities and counties—including the City of Arcadia—to preserve local decision-making authority over cannabis sales. California counties and cities litigated against the BCC regarding the adoption of a regulation that undermined local control to limit or restrict sales of cannabis in Arcadia—and elsewhere—as a result of the passage of Proposition 64 in 2016.

“California voters passed Proposition 64 with the intent of maintaining local authority on the regulation of cannabis. The Proposition guaranteed Arcadia’s right to regulate cannabis sales in our community,” said Mayor Sho Tay. “This is a great victory for Arcadia and our coalition partners.”

During court briefings, the BCC admitted that their regulations did not explicitly override control of local ordinances. The court dismissed the lawsuit on the grounds that the BCC’s statement clarified the agency’s position on local ordinances which ended all legal controversy. The court’s ruling grants California cities the right to regulate or ban cannabis within their respective communities.

Published: July 27, 2021