Is Morro Bay marijuana shop violating state law?

September 26, 2019

Clarification: Representatives of Perfect Union said they were relying on the California Bureau of Cannabis Control’s determination that advertising marijuana on billboards located on interstate highways at least 15 miles from state borders is permitted.

California Business and Professions Code (state law) 26152, states licensed marijuana businesses shall not “advertise or market on a billboard or similar advertising device located on an Interstate Highway or on a State Highway which crosses the California border.”

While not a legislative body, “the bureau determined that a 15-mile radius was a necessary and appropriate distance from the California border because it satisfies the intent of section 26152(d) of the Business and Professions Code, while assuring that Bureau licensees have an opportunity to advertise and market along Interstate and State Highways if they satisfy the identified radius limitations,” an interpretation of the law that is likely to face legal challenges.

By KAREN VELIE

As the owners of retail marijuana businesses battle for their piece of the San Luis Obispo County market, at least one seller appears to have violated California’s cannabis advertising rules by placing a billboard on Highway 101.

In Jan. 2018, laws banning marijuana advertising on billboards located on California interstate highways or state highways that cross the border of any other state went into effect. In late 2017, a Nipomo based marijuana delivery service, Diamond Cannabis, removed several billboards from Highway 101. [Cal Coast Times]

Recently, Perfect Union, the winner of one of two coveted permits for retail cannabis shops in Morro Bay, began advertising on Highway 101 in San Luis Obispo. City officials said they chose to work with Perfect Union because of its history of legally operating marijuana shops in California.

“We look forward to working closely with them to ensure their businesses integrate successfully with the Morro Bay community and are operating in a manner with state and local regulations,” the city said in an announcement.

Representatives of Perfect Union did not respond to questions about the billboard.

In 2016, California voters decriminalized cannabis use, a move that turned hundreds of criminals into legitimate business owners. And while some abide by state laws, which are similar to tobacco legislation, others continue to operate under their own rules.

Navigating marijuana advertising laws can be tricky. While voters elected to decriminalize pot, they did not vote for unregulated commercialization.

Social platforms like Twitter, Google and Facebook have banned all cannabis advertising. In California, cannabis ads can only be shown where at least 71.6 percent of the audience is expected to be over the age of 21.


Loading...

17
Leave a Reply

Please Login to comment
Niles Q

Hey Myself, it’s Natural Healing Center that bought the Mills/ASAP building. Mills moved to Quintana Road, where the owner is happy for the extra space and additional parking.

The old BBQ building on Main street is being remodeled and turned back into a real estate office, which it was for many years (Century 21).

I would agree that Morro Bay’s venture into cannabis stores has been discombobulated to say the least.

As for this billboard, billboards sit on private property and are privately owned. One would expect that the owner and Perfect Union would have researched the law before renting the billboard. If not and it is indeed illegal, I trust the Sheriff or county code enforcement would act on it. They both seem to hate the evil weed.


Myself

Then I was fed the wrong information, but there is no extra space at the new mills,I was in it yesterday it seems quite a bit smaller. So where are the dope shops gonna be if not in those two spots.


MrYan

Did you read your own article?


…In Jan. 2018, laws banning marijuana advertising on billboards located on California interstate highways or state highways that cross the border of any other state …..


State Hwy 41 dead ends at Fish Camp in the Sierra Mountains. Google mapped fact checked this in 3 seconds.


Did you really miss this easily verifiable fact, or do want to foment animus against the Cannabis industry?


Feels more like purposeful click bait than journalism to me.


ThinAirDesigns

If journalism still existed in this country the article wouldn’t exist.


The answer is “No”.


Relevant BCC regulation 5040 (b) (3):


//”Not be located within a 15-mile radius of the California border on an Interstate Highway or on a State Highway that crosses the California border.”//


https://bcc.ca.gov/law_regs/cannabis_order_of_adoption.pdf


And the FSOR:


https://bcc.ca.gov/law_regs/cannabis_fsor.pdf


DocT

I was driving by that sign the other day and thought to myself: “I’d like to get hooked on weed and go on welfare and protest climate change.”


I realize now that this bizarre thought that came into my head unsolicited was due to the illegal signage!


That’s what illegal signs do folks…they make us want to get hooked on drugs and go on the dole and protest climate change. We’ve got to get rid of these illegal signs! Do you want your kids hooked on weed, etc?


Or….another way of saying it: Who Friggin’ Cares about that sign?


citizensoldier

It takes courage and steel work’s gloves to hold the bureaucracy’s feet to the fire and therefore accountable


Karen, like a “real” blacksmith, doesn’t wear gloves.


I wonder who, in particular, approved the sign permit.


MrYan

According to Karen’s own article; it is legal.


Hwy 41 is a intra-state Hwy. :-(


No reason to fret.


Snoid

Kinda of a tell tale bill board eh?. There all wearing sunglasses and laughing..stoned stupid. Perfect union alright, the youth of america and dope. Cant wait till Maya bells are legalized.


Bert

Yea man! I too hate when people are wearing sunglasses and laughing! Especially if they’re on that damn weed pot!


But really, you must be a blast at parties.


AmericaTheFree

I bet if they had the latest light beer in their hands, or a bottle of Jack, or maybe for the upper crust a wobbler snifter of Remy, it would be just peachy!


Snoid

Well cool, you’ve offered 7 scientific backed sources to show your point. Science,science,science..unquestionable indisputable facts.Yet based off the same mighty science people still cant accept that science when it comes one being a male of female. Go figure.


Lmo

” … because of its history of legally operating marijuana shops in California.” Which is what, all of two years? Perhaps better to plead for forgiveness, than ask for permission?


Myself

Here is what I see in Morbid Bay, corruption, and stupid people, one dope dealer bought the property where Mill stationery is/was, so they moved to a smaller location down on Quintana, the building is now empty, another doper has the little building where the the brickhouse BBQ joint was,so they moved up next to the cop shop, they had been there for only a few months and now they are out of business, my guess is rent may have been too high,doper joint is still vacant,what good is the dopers going to do for this town besides other people going out of business.


citizensoldier

I’d like to be honest with Myself (sorry, couldn’t resist),


You are over the target when you wrote: “…corruption, and stupid people”


Most citizens have the attention span of a goldfish, present company excepted.


“Morbid Bay..” (Clever) Ouch.


Myself

Morbid Bay, comes form the Captain Buffoon days on KSLY radio, AM.


Gordo

When I was a kid we used to call it Moron Bay. Now it seems the name is beginning to fit.