. . LOS ANGELES (AP) - In what could be a temporary victory for the legal cannabis industry in California, a judge rejected a lawsuit that sought to overturn a state law allowing home deliveries across the state, even in communities that banned commercial marijuana sales.
The court challenge raised a fundamental question in the nation's largest legal market: Where can you buy it? The state previously ruled that a licensed extradition of "any jurisdiction" can be made within the state of California.
But a group of local governments behind the court challenge argued that the state was usurping its power to regulate marijuana sales within its borders..
While cities argued that the state ruling "removes local regulatory authority," Fresno County High Court Judge Rosemary McGuire agreed with the state that local regulations and laws "do not occupy the same area and are not in conflict.". "
And she concluded in the order on Tuesday that without conflict, "This matter is not ready to be decided upon.".
McGuire agreed with the state that the rule applies to state cannabis license holders, not the local governments that have filed the lawsuit..
She added that the state regulation "does not order local authorities to do anything or prevent them from doing anything.". "It does not govern the local authorities . . . To allow delivery. It also does not override their local laws prohibiting or regulating delivery. "
With the case rejected, deliveries of marijuana will continue under the umbrella of state rule.
But attorney Steve Churchwell, who represents local governments, said the ruling did not affect the rights of cities and counties to regulate - or completely prohibit - the delivery of cannabis within their borders.. .
McGuire noted that the state’s ruling “does not affect anyone’s rights. . .