CPOA Addressing Potential Marijuana Delivery Violations

By Shaun Rundle, Deputy Director.

When Prop 64 legalized recreational adult use of marijuana in California it created a host of public safety consequences not fully addressed. Since its passage in 2016, CPOA has held numerous conversations with lawmakers, the Governor, and the newly-created Bureau of Cannabis Control (BCC). One of the latest legislative attempts to correct these consequences is a proposal by Assembly member Tom Lackey (R-Lancaster) that would provide law enforcement with the ability to cite violators who are not compliant with legal cannabis delivery and transportation requirements. CPOA’s Law & Legislation Committee has reviewed the language proposal, with very positive feedback.

Prop 64 designated circumstances for cannabis deliver:

  • Deliveries may only occur between 6:00 a.m. and 10:00 p.m. PST.
  • Deliveries may only be made by employees of the retailer.
  • Deliveries must be made to a physical address.
  • Delivery must not contain more than $3,000 of cannabis products at any time.

Currently, transportation of cannabis is only permissible by persons holding a distributor or delivery license. During transportation, the licensed distributor is required to maintain a physical copy of the shipping manifest and must report the manifest into the track and trace system. Licensed delivery drivers are also required to maintain a copy of each delivery request. The track and trace system will integrate with the Department of Justice’s computer system which can be accessed from a police vehicle.

Assemblyman Lackey’s bill provide a citation for anyone who cannot provide or maintain a physical copy of the shipping manifest. When the language of the bill was sent to our Law & Legislation Committee, there were proposals from our members to criminalize the counterfeiting of the shipping manifest.

This bill has not yet been introduced, but when it is CPOA will continue to work closely with Mr. Lackey and other legislators at the Capitol to discuss fixes to Prop 64 and the other recent criminal justice reforms we opposed (AB 109, Prop 47, and Prop 57).

The deadline to introduce bills for the 2018 session is February 16th.