Pubdate: Sun, 13 Jun 2010
Source: Times-Standard (Eureka, CA)
Copyright: 2010 Times-Standard
Contact: http://www.times-standard.com/writeus
Website: http://www.times-standard.com/
Details: http://www.mapinc.org/media/1051
Author: Thadeus Greenson, The Times-Standard

GRAY AREA ON DELIVERY OF GREEN BUDS

Humboldt Ordinances Don't Specify Legality of Door-To-Door Service

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, www.delivery707.com, 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.
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