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Is Cannabis Delivery Legal in San Jose?

Sep 7, 2020

Is Cannabis Delivery Legal in San Jose?

As the country continues to self-isolate and maintains social distancing practices, it can be difficult to safely visit dispensaries. Fortunately, there are tons of cannabis delivery services in California, including several in San Jose.

However, understanding the rules and regulations concerning weed delivery can be challenging. But it doesn’t have to be. This guide could help you stay on the right side of the law while also enjoying your favorite THC products.

Keep reading to discover more about cannabis delivery in San Jose, California.

While medicinal marijuana use has been legal in California for more than a decade, there are still lingering questions concerning its recreational legality. This concern extends to cannabis delivery services located all across the state.

The far-reaching California Code of Regulations section 5416, subdivision (d) is currently being challenged in court. The court challenge also dives into the subject of local or state supremacy within the regulatory framework. Twenty-two cities and counties of California, including Beverly Hills and Santa Cruz County, are spearheading the litigation against the Bureau of Cannabis Control.

Section 5416 (d) makes cannabis deliveries permissible in “any jurisdiction within the State of California” if the cannabis delivery service is licensed and complying with the other State regulations.

In short, because of section 5416, cannabis delivery is legal in San Jose if done by the State of California licensed commercial cannabis retailer.

To further answer the question of whether weed delivery is legal in San Jose, you must also familiarize yourself with four crucial topics. They are:

  • California Proposition 64
  • Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)
  • County of Santa Cruz et al v. Bureau of Cannabis Control
  • City of San Jose Division of Cannabis Regulation

Once you’re comfortable with these subjects, you’ll understand more about cannabis delivery legality. As policies continue to develop and change, it can be a challenge to differentiate legal enterprises from technically criminal ones.

Fortunately, this brief guide can help you avoid accidental infractions and discover the most trustworthy weed delivery services.

California Proposition 64

In 2016, the citizens of California voted and Proposition 64 was passed. This proposition decriminalized the personal use of marijuana by consenting adults, allowing millions of people the opportunity to enjoy legal recreational marijuana.

However, this law does conflict with the federal government’s regulations concerning the use of marijuana. In the eyes of the United States government, marijuana is just as dangerous as heroin and more toxic than methamphetamine.

Of course, this drug scheduling conflicts with scientific and medical research concerning the potential benefits of marijuana and it’s primary cannabinoids, THC, and CBD. Still, the difference in these rulings can cause problems for consumers.

After all, the Constitution’s supremacy clause states that federal law always trumps conflicting state laws. Fortunately, the story of legal weed delivery in California doesn’t end with the passage of Proposition 64.


The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) outlines all pertinent rules and regulations concerning recreational and medicinal marijuana usage in California. This law used Proposition 64 and the State’s older medicinal regulatory framework that had not yet been fully implemented to create MAUCRSA.

You can peruse the official documentation regarding this act to help you learn more about legal cannabis distribution and delivery. However, this information is primarily useful for businesses and delivery companies.

If you’re keen to stay updated on San Jose cannabis delivery services, you might be better off bookmarking an ongoing case. The future of the local weed delivery industry may just depend on the outcome of a few upcoming trials.

County of Santa Cruz Vs Bureau of Cannabis Control

As of this writing, the County of Santa Cruz is seeking legal action against the Bureau of Cannabis Control. If this action succeeds, cannabis delivery will likely become illegal in the City of San Jose except for the locally-licensed retailers of San Jose.

The long-lasting consequences of this decision may impact the State’s commercial cannabis program, the city’s economy, employment opportunities, and criminal activity. If accessible and sufficient legal weed delivery becomes a thing of the past, consumers may turn to illegal options.

Until this case goes to trial and receives an official judgment or ruling and goes through the appellate process, citizens of San Jose will still be able to legally order and purchase deliverable marijuana. It is crucial to stay current with any and all ongoing news concerning this case.

Additionally, the federal government may decide to sequester and terminate any marijuana business or service at their discretion. Until federal rulings change, consumers will need to be willing to protect themselves from unexpected charges.

City of San Jose Division of Cannabis Regulation

The City of San Jose has a Division of Cannabis Regulation that ensures that all marijuana businesses and purveyors are adhering to rules, regulations, and industry standards.

It’s crucial to purchase your THC products of medicinal marijuana from a division-approved source. This is the very best standard in California cannabis. Doing so ensures that you’re receiving the highest-quality products and medicines and not partaking in illegal activities.

The Division of Cannabis Regulation has approved several cannabis delivery services in San Jose. As such, it is legal to accept weed via delivery in San Jose, California. You just need to make sure that your chosen service is registered and legitimate, as stated above.


The Future of Weed Delivery

The United States marijuana industry is booming. In 2019, the industry was worth more than ten billion dollars and was responsible for the creation of hundreds of thousands of jobs across the country.

Consequently, the future of the industry looks bright. As more states legalize medicinal and recreational marijuana usage, the industry will continue to grow. This is fantastic news for anyone interested in cannabis delivery services.

Still, before investing in a specific delivery service, you’ll want to ensure that you’re purchasing from a reputable and approved source. You may also want to take a moment to familiarize yourself with the delivery process.

San Jose Cannabis Delivered

There are several accredited, registered weed delivery services in San Jose, California. You could have marijuana safely delivered to your place of residence by investing in one of these services.

Still, you’ll want to ensure that your preferred provider is approved by the Division of Cannabis Regulation. Doing so can help you obtain the best cannabis in the world.

If you’d like to learn more about cannabis delivery services in San Jose, please contact us today. We look forward to answering your questions!


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