As officials in Santa Monica continue to struggle with how they will handle marijuana regulation, many patients are able to receive their medicine using marijuana delivery services.
Our Los Angeles marijuana lawyers have seen the impact of delivery services and know that they can be extremely advantageous for those patients unable to leave their homes and reach a dispensary easily.
There are many reasons an individual may not be able to reach a dispensary. In some cases when the surrounding locality has outlawed marijuana dispensaries it may too far for a sick patient to travel in order to get to an area with legal dispensaries.
In addition, sometimes the nearest dispensary may just be to far away for an individual to travel to on a consistent basis, even if they are able to travel freely.
The continued debate over zoning ordinances and whether to allow dispensaries at all is has given delivery services more popularity than ever but the legality of delivery services is still in question.
Marijuana is still prohibited by federal law so the delivery of medicinal marijuana is certainly illegal under federal statutes but even at the state level it is very difficult to discern the law.
The laws surrounding medicinal marijuana delivery are extremely vague, the law states that the services must operate in a non-profit capacity and only delivery to individuals who are members of their collective.
Delivery services are also required to obtain business licenses. Various localities have even outlawed medicinal marijuana delivery. In Los Angeles Proposition D was passed last year and it likely makes marijuana delivery services illegal.
Delivery services that are operating in accordance with the nonprofit and other requirements should be immune from criminal prosecution in the state of California but that does not mean the law enforcement officers will see it that way.
Some advocates for dispensaries argue that allowing a stranger into your home with unknown amounts of marijuana and cash can be a dangerous proposition for both parties involved. Yet we accept delivery of various items directly into our homes without specific knowledge of the individual conducting the delivery.
In addition, those who support delivery services argue that gangs will sometimes approach dispensaries and demand payment for “selling marijuana on their turf” but this is a non-issue for delivery services.
Some news outlets have reached out to the Santa Monica Police Department for clarification about their policy on marijuana delivery services. Unfortunately, they have not received a response.
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:
Dispensaries Face Obstacles to Serve Young Medical Marijuana Patients, February 17, 2014, Los Angeles Marijuana Lawyer Blog
United States Marijuana Laws Influencing Other Countries, February 14, 2014, Los Angeles Marijuana Lawyer Blog
CANORML.org, California NORML organization’s website.
California Marijuana Laws, California NORML organization’s website.