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Cannabis delivery app Nestdrop challenges Los Angeles law

Medical marijuana delivery services are now growing exponentially, but the city of Los Angeles is trying to keep one in particular out.

Cannabis delivery app Nestdrop happily brought Angelenos their medication until a December 2014 order from city attorney Mike Feuer halted their operations.

Feuer alleged that Nestdrop has violated the city’s medical marijuana regulations under Proposition D, allowing regulated collectives (labeled pre-ICO) to deliver, but it’s unclear whether they can hire a tech company to help with sales and delivery services. . Feuer believes that Nestdrop should not operate legally.

“My office has been aggressive in shutting down illicit medical marijuana businesses and has already closed half of the pharmacies in Los Angeles,” Feuer said in a statement last year. “And today we are taking action on a new front, namely tackling the supply of medical marijuana.”

But now Nestdrop is battling to the point of madness, as evidenced by a memorandum filed last week by the company’s lawyers over the validity of Prop. D as a whole to challenge.

The short argues:

Nestdrop doesn’t actually have a pharmacy; instead, the Nestdrop app merely provides a medium for medical marijuana patients and dispensaries to transact — not unlike a phone or computer, except it’s specifically geared toward the delivery of medical marijuana. As a result, the city attorney has not claimed any specific illegal supply that aided and instigated Nestdrop, but rather has alleged that Prop. D prohibits all supplies of medical marijuana.

Nestdrop further states that LA’s Prop. D provisions are actually superseded by the California Vehicle Code, which prohibits cities from enacting new vehicle laws unless authorized by the state legislature or a statewide initiative. The code has yet to include an exception for the supply and distribution of medical marijuana, as this could become a logistical nightmare for other cities and counties with legal cannabis businesses.

“That means medical marijuana companies, located in, say, Orange County or San Diego County, must transport medical marijuana by going through Los Angeles,” the letter said.

Despite the lockout in Los Angeles, Nestdrop continues to supply weed throughout the rest of California, including the neighboring cities of Glendale and Pasadena.

Photo credit: Wikipedia

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