Gray Area on Delivery of Green Buds
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Gray Area on Delivery of Green Buds
Posted by CN Staff on June 13, 2010 at 05:03:33 PT
By Thadeus Greenson
Source: Contra Costa Times
Calif. -- Mirroring a trend seen throughout the state, Humboldt County medical marijuana patients can now purchase buds, hash, plants and even medicine-infused edible treats without leaving the comfort of their own homes. Across California, medical marijuana delivery services are popping up in the hundreds, as the medical marijuana industry moves from a legal gray area into even murkier waters. In some counties, the delivery services are being viewed by some as an attempt to bypass local ordinances specifically designed to prohibit medical marijuana dispensaries.
Others, however, argue that the delivery services mitigate many of the concerns that surround medical marijuana dispensaries -- the same concerns that seem to fuel moratoriums. In Humboldt County, most dispensaries contacted by the Times-Standard said they don't offer delivery services, citing a variety of reasons. But, there's at least one medical marijuana clinic that operates exclusively through deliveries. If you're looking for Delivery 707 you won't find it in the phone book. In fact, it doesn't even have a storefront or a street address: Just a website, an e-mail address and a phone number. While the business didn't respond to calls and e-mails from the Times-Standard, its website,, clearly lays out its business model. The membership-based cooperative offers “discreet” delivery services of a variety of medical marijuana products to qualified patients anywhere in the county. Patients can place online orders 24 hours a day, seven days a week -- or phone orders during business hours -- and receive their orders on the next business day. And, the site assures, patients' privacy will be protected. ”A Co-op director will deliver your medication,” the site states. “We are knowledgeable, compassionate and very discreet. Prior to delivery, and unless otherwise notified, you may receive a phone call verifying the driver is nearing arrival. We understand and respect your privacy.” The website offers a colorful menu, offering numerous strands of marijuana, from “Blackberry Kush” and “Green Crack” to “Purple Diesel” and the currently sold out “Purple Erkel.” The online store also offers bubble hash (a kind of concentrated marijuana) and plant starts, as well as a variety of edible, marijuana-infused treats, including “Star Particle” cupcake mix and “Amazing Grace” brownie mix. The site makes very clear that it's not a marijuana free-for-all, and requires patients to provide proof that they are 21 years of age or older, have a valid and current physician's recommendation for the use of medical cannabis and have either a driver's license or a California Department of Health and Human Services medical marijuana identification card. Further, the site says that all applicants must be approved by the co-op director and assures that sales tax is paid on all transactions. Interestingly, none of the county's other dispensaries contacted by the Times-Standard offer delivery services. At Arcata's Humboldt Patient Resource Center, Director Mary Ellen Jerkavich said the dispensary doesn't offer delivery services due to both legal and safety concerns. She said it was something that was discussed when the center opened more than 10 years ago, but was never considered seriously. In addition to worrying about the prospect of employees being robbed and having medicine in the less-secure confines of cars and things like that, Jerkavich said providing a delivery service also comes with the additional costs of gas and insurance. She also pointed to the legal gray area, saying she hasn't found anything that expressly permits deliveries. ”For me, it seems to be primarily a safety and legal issue,” Jerkavich said. The Humboldt Cooperative Director Dennis Turner agreed that deliveries aren't expressly permitted. ”There's no regulatory direction that says you can go that way,” Turner said. “While it seems like there's definitely a need (for delivery services), I don't think that the industry has developed enough for that to be a reasonable pursuit on our part.” While Turner said The Humboldt Cooperative likely won't delve into the world of deliveries until it is expressly permitted by law or the Humboldt County medical marijuana ordinance, others have taken the lack of an expressed prohibition on the practice as a green light. In San Mateo County, which has seen many of its cities enact moratoriums on medical marijuana dispensaries, delivery services seem to be thriving, with many offering deliveries into the very cities that prohibit physical dispensaries. Lawyers for the dispensaries have argued that while cities have the power to control dispensaries through zoning rules, they have no power to control who drives into their towns. Local attorney and longtime medical marijuana activist Greg Allen said there is currently nothing to legally prevent local dispensaries from delivering. ”State law is silent on the issue,” Allen said. “There's really nothing in the county ordinance that would make it unlawful, either.” In addition to being lawful, Allen said he thinks the delivery services could actually go a long way toward lessening many of the ancillary impacts that concern neighbors of dispensaries. ”A lot of the issues that cities have had with medical cannabis dispensaries have to do with problems of basically patients coming to the facilities and creating more traffic in the neighborhood,” he said. “If you take that out, then really there's certainly less of an impact on any particular neighborhood.” Further, Allen said delivery services can serve a crucial role in the mission of medical marijuana advocates, which is to provide safe access for all patients. ”Generally, people who are seriously ill tend to be poor,” Allen said. “So, these are frequently people who may not be able to afford their own motor vehicle or may not be physically able to drive themselves. Frankly, delivering to people like that seems like a very good thing.” With the city of Eureka and Humboldt County's proposed medical marijuana ordinances still under construction, it remains unclear if they will address the delivery issues specifically. For his part, Allen said he would like to see the Eureka ordinance expanded to touch on deliveries. ”The ordinance that they're working on right now is really silent on this issue and, frankly, it actually makes a certain amount of sense to me to maybe expand the ordinance a bit to address it,” he said. Source: Contra Costa Times (CA)Author: Thadeus GreensonPublished: June 13, 2010Copyright: 2010 Bay Area News GroupContact: letters cctimes.comURL: Medical Marijuana Archives
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Comment #4 posted by Paint with light on June 14, 2010 at 12:15:25 PT
RC airplanes
For awhile I worked at a firm that shipped Radio Controlled model airplanes all over the world.One of the planes had an eight foot wingspan and could carry a ten pound payload.We shipped several to addresses along the border.As long as you could see them you could control them.That was thirty years ago.I imagine now with a video feedback system you could go as far as your transmitter signal would reach(which can always be boosted).Add a better muffler system and you have your own "liberation" drone.Legal like alcohol.......and flying...both of which can kill you.Actually flying probably can't kill you but the landing can.
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Comment #3 posted by RevRayGreen on June 13, 2010 at 20:12:59 PT
As for ultra-lights...
low flying planes dropping loads across the boarder has been going on for a long time. The ultra-lite makes the delivery stealth and should you have to ditch de plane they are cheap.
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Comment #2 posted by John Tyler on June 13, 2010 at 19:22:33 PT
ultralight aircraft
I saw an article in the newspaper today that said that the folk that bring in cannabis from Mexico are flying it in using ultralight aircraft. They can carry two to three hundred pounds at a time. They fly in low and are really difficult to detect. What will they think of next? 
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Comment #1 posted by herbdoc215 on June 13, 2010 at 14:27:56 PT
I guess Horwitz/PL cut the "Redwood Curtain" 
Because it seems the most inane details of what used to be life as normal in Humboldt gets printed everywhere but the Pravda-Standard get's outdone by blogs on coverage of local issues on a daily basis...Contra-Costa is as far from Humboldt county both mentally and physically as New York is from Kentucky so for them to pick-up/report on this minutia shows the bizzaro world we live in...of agenda driven news, dull axes, and even duller minds? The saddest part is after being gone from biz in HumCo since 2001 I still know everybody in this story except for one and if anybody thinks that Humboldt is going to come out on top after November, they are smoking too much of their own product??? Hell...>90% of medical cannabis business in Humboldt to REAL patients has ALWAYS been delivery services, they just ain't saying so in the newspaper and don't see how anybody could act the Moroccan cop in Casablanca who goes (while gambling) You Mean There Is Gambling In This Place...I'M SHOCKED!
 Getting ready to elect Super-Pig/Nazi Mike Downey as sheriff is all the signal needed that sanity still hasn't returned to Humboldt and it's still being ran by the "good ole boy's" network...good luck with that after Novembers election. Also as these other places down south are learning to produce their own indoor, things will start getting real fun in a couple of years...y'all take care now? peace, steve
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