Could Californians Soon Be Getting Their Medical Marijuana Delivered?

The use of medical marijuana has been expanding nationwide as more states move towards legalization. Now, marijuana may be available more easily, not only because it is legal in more places but because it could be delivered directly to your door. According to USA Today, two University of Washington students have developed an app called “Canary” that will allow marijuana patients to order pot using their smart phones and have it brought to them. Canary is going to make its debut to medical marijuana patients in Seattle but there are reportedly plans to expand the market to Denver and to California. mobile-phone-2-1225931-m.jpg

As medical marijuana becomes bigger business, it is expected that more apps and more innovative delivery services will become available. However, those who sell or deliver marijuana need to understand how the laws apply to them and avoid taking risks that could lead to criminal trouble. An experienced Los Angeles medical marijuana attorney can provide advise about what your rights and obligations are for the distribution of medical marijuana and can represent you if you face potential criminal actions for alleged legal violations.

Medical Marijuana Delivery

Canary is expected to partner with local dispensaries to provide on-demand marijuana delivery and the company will be hiring the drivers to transport the marijuana. For the Seattle launch, as many as five to 10 dispensaries may sign on to the app and the goal will be to expand to between 20 and 30 dispensaries in the Seattle area.

The delivery service will be available 24/7 as long as the dispensary is open and the marijuana will generally be delivered within an hour of the order. Patients will be required to provide a picture of their medical marijuana card when they sign up for the service and will also have to show their card when they receive each delivery. There will be a 10 to 25 percent surcharge for patients for each delivery when the app first launches but Canary’s founders are also exploring other payment structures. For example, they may switch to a flat-fee model or if they have a sufficient number of customers they may consider charging the fee for delivery services to the dispensaries rather than to the patients.

Because many banks fear doing business with the marijuana industry, the delivery charge will be cash only when the app initially launches.

Under California law, there should be no problems with setting up a medical marijuana delivery service. This is true even in cities where storefront medical marijuana collectives are banned.

California Safety Code section 11362.768(e) mentions mobile marijuana collectives and limits where these outlets can operate them, restricting operations to locations within 600 feet from a school. This provision of the law suggests that medical marijuana delivery services that are more than 600 feet from a school are within the bounds of the law and can safely operate in the state of California. However, such delivery services continue to come under fire.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 714-937-2050.

More Blog Entries United States Marijuana Laws Influencing Other Countries, February 14, 2014, Los Angeles Marijuana Lawyer Blog