Sacramento State Capitol building on Capitol Way. Credit: Jason Doiy / The Recorder

Legislation that would have forced dozens of California cities and counties to license a minimum number of marijuana shops stalled in the state Assembly on Thursday.

The author of AB 1356, Assemblyman Phil Ting, D-San Francisco, could not muster the 54 votes needed to move the controversial legislation to the Senate. Ting can revive the measure next year if he chooses.

The legislation generally would have required cities and counties where a majority of voters approved Proposition 64 to issue one marijuana business permit—for either medical or recreational use outlets—for every six locally licensed alcohol retailers.

The bill was designed to add to the nearly 600 licensed marijuana sellers in California. Seventy-six percent of cities and nearly 69% of counties in the state ban cannabis.

Because the bill would have amended Proposition 64, which gives local governments control over allowing or restricting cannabis operations, it needed support from two-thirds of the Assembly's members—a difficult task for any legislation that faces opposition. The bill had many opponents, including the League of California Cities.

"The League is pleased that AB 1356 was moved to the inactive file," Charles Harvey, the League's legislative representative, said in an email. "The measure would have undermined the local regulatory authority that voters approved in Prop. 64 and would have negated the primary purpose of California's established dual licensing structure."

One county—Santa Cruz—and two dozen cities sued the state Bureau of Cannabis Control in April to block regulations that allow marijuana deliveries anywhere in California, even in jurisdictions that don't allow retail sales or commercial grows. The suit is pending in Fresno County Superior Court.

 

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