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Legality of Marijuana in California didn’t stop CHP from arresting delivery drivers

Legality of Marijuana in California didn't stop CHP from arresting delivery drivers


Legality of Marijuana in California didn’t stop CHP from arresting delivery drivers

Despite the fact that the Cannabis is legal in California, the new rules about the legality of cannabis in California are so confusing that even the former Highway officers are struggling with them. That became clear when two former CHP officers who now run a licensed cannabis business, were arrested after a traffic stop on Interstate 5 in Stanislaus Country.

Some hours later, Rick Barry, 48, and Brian Clemann, 47, were released from custody in Merced. But according to a lawsuit filed in Merced County Superior Court, the CHP kept the $257,000 the two men handed it over the Department of Homeland Security.

Barry and Clemann in San Francisco Superior Court are suing the CHP, where they are seeking ruling directing states as well as local governments not to interfere with the legal distribution of Marijuana.

Barry and Clemann said in a press release that “It appears the CHP will stop at nothing to disrupt the lawful and legal transport of items involved in the medicinal cannabis industry,”  This unpleasant situation underlines a key challenge that the distributors of cannabis face a year after a California law legalizing recreational marijuana took effect.

Marijuana is legal in California. So why is the CHP arresting delivery driver?

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It is still an illicit substance under the federal law even the marijuana is now legal in California. Also, the people in the business run the risk of time in custody or lost product if they run against the local authorities.

The local governments and State also want to prevent the illegal distributors of marijuana from operating easily. These illegal distributors may be the black market growers and drug cartels.

Last week the California Office of Administrative Law handed down a ruling that clarified the distributors how should they move about the state. Its decision upheld a Bureau. This Bureau of Cannabis control regulation stated that “a delivery employee may deliver to any jurisdiction within the State of California provided that such delivery is conducted in compliance with all delivery provisions of this division.”

In a statement, Bureau Chief Lori Ajax said that “These approved regulations are the culmination of more than two years of hard work by California’s cannabis licensing authorities.”

But there was unpopular ruling among long governments. The long governments wanted to retain the influence over how marijuana is sold in their authorities. There were some opponents of it which included the California Police Chiefs Association and the League of California Cities.

The President of California Police Chief Association, David Swing said that “We are deeply concerned with the adoption of the new cannabis regulations, which allow for the delivery of cannabis anywhere in the state. We are already having trouble enforcing a new and complex industry, and this allowance will only make enforcement even more difficult,”

CHP seizures of cannabis on the rise:

Since legalization, the CHP hasn’t slowed down in cannabis seizures. In point of fact, about 8 tons of cannabis was seized by the department between January and November of 2018.

In an email interview CHP spokeswoman Jaime coffee said that “in order to legally transport cannabis in California for commercial purposes, a person must possess the appropriate (Bureau of Cannabis Control) license and comply with the BCC administrative regulations”.

It means that the state officers remain on the lookout for the operators of the black market.

Clemann said that the cannabis distributors left the CHP on bad terms after careers that remained there more than a decade. Clemann was accused by the CHP in 2015 of burglarizing an evidence room. According to the Del Norte Triplicate, a jury in 2016 found him not guilty.

In 2017, Barry and Clemann went into business. In an interview, Clemann said that he and his partner resolved only to deal with “white market” companies of cannabis when they opened their company of distribution. He said that we make sure that they are licensed companies.

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Kathryn Boyd

Author at CBD News Today, Kathryn is currently working as a chemist and researcher as well. She is keen on emerging research, new treatments, diseases and other trending topic related to cannabis. She delivers best regarding cannabis to viewers in the form of interesting and informative writings.

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