As city law stands, weed delivery is, in most cases, illegal.
That, at least, is the stance of the Los Angeles City Attorney's office, which says there's nothing in voter-approved Proposition D from 2013 that says you can treat pot like pizza and have it delivered by a college student in a crappy car in 30 minutes or less.
That law clearly defines what marijuana businesses are immune from local prosecution, namely about 135 brick-and-mortar stores that have existed previous to a 2007 City Hall “moratorium” on pot shops. It does say that vehicles can be used by those legit businesses to deliver pot to a “qualified patient.”
However, predominant delivery services in Los Angeles are third-party businesses that act as go-betweens among legit “caregivers” and patients. Or they're just straight-up college students in crappy cars selling weed.
Late last year the City Attorney's office shut down delivery app Nestdrop by scoring a preliminary injunction in court.
Back then City Attorney Mike Feuer said that Nestdrop was “a flagrant attempt to circumvent the will of the voters who passed Prop D.”
He added that “Prop D also provides that caregivers are able to transport medical marijuana to legitimate patients.” Nestdrop is not a caregiver.
Nestdrop this week said it would fight City Hall. It launched a GoFundMe campaign to raise money in its appeal of the Los Angeles Superior Court ruling.
The firm previously said that “we are simply a technology company that connects patients in need with their medicine in a safe, secure manner.”
Nestdrop said in a statement that its legal battle will be costly:
After sending a letter to the City Attorney’s office offering to work with them on sensible medical marijuana enforcement, which went unanswered, Nestdrop has moved forward with appealing the injunction.
… As you may know, the City Attorney’s injunction has done absolutely nothing to stop medical marijuana deliveries in LA. A quick search online search will bring up dozens, if not hundreds, of medical marijuana delivery services that are still operating to this day in Los Angeles. Nestdrop was targeted simply for being a technology company that received national attention.
The firm wants to raise $70,000. It says its court challenge could “set a precedent for the industry.”