Slog

News & Arts

Line Out

Music & the City
at Night

« SL Letters of the Day: Three Straig… | Would You Shut Down a Robot That Be… »

Tuesday, January 29, 2013

POT Why Pot Delivery Could Be Allowed Under I-502

Posted by Dominic Holden on Tue, Jan 29, 2013 at 4:02 PM

After my post last week on the scant locations where pot retail stores would actually be allowed in Seattle under Initiative 502, several folks in comments formed a chorus: "MARIJUANA DELIVERY!!!"

It's true, finding a Pizza Hut is way harder than having a Pizza Hut delivery boy find you. And considering that stoners would like to get their pot as easily as they get a pizza—and then actually order a pizza after they get that pot—I consulted an expert to find out if pot delivery will even be legal under the new law.

Alison Holcomb, the lawyer who drafted Initiative 502, is the leading interpreter of the law these days, and she says delivery is not out of the question. The relevant language appears in RCW 69.50.325(3), which states: "There shall be a marijuana retailer's license to sell useable marijuana and marijuana-infused products at retail in retail outlets."

"I think this means the sale—the financial transaction—has to happen at a retail outlet," Holcomb says in her reading of the law, "but I don't see why this couldn't allow credit/debit sales over the phone with an employee at the retail outlet, for delivery by an employee of the retailer." However, she adds, "calling in an order and then paying cash at the point of delivery might be problematic."

This debit/credit card transaction would require a marijuana seller to maintain a bank account, which is problematic for marijuana businesses, medical or otherwise, because financial institutions are federally insured (and federal law considers all pot illegal). Still, this suggests that if a pot retail outlet could get a credit card—which is the sort of thing crafty entrepreneurs may have worked out by December, when the retail licenses are scheduled to be issued—we could actually have pot delivered. And then pizza.

FacebookShare

Comments (28) RSS

Oldest First Unregistered On Registered On Add a comment

Are they allowed to deliver alcohol to you?

If so, then Amazon may have solved their 4th Quarter losses with the revival of Amazon Fresh - an ounce a day keeps the doctor away.

Posted by Will in Seattle

on January 29, 2013 at 4:08 PM

Hey, you finally discovered a market for Bitcoin!

Posted by Matt the Engineer on January 29, 2013 at 4:10 PM

BUT would you really want a credit card transaction documenting that you, the consumer, is committing a Federal Crime? I don't think I'm ready to tempt fate with a credit card transaction for weed until the heavy handed feds prove they are backing off for good.

Posted by Simply Me on January 29, 2013 at 4:15 PM

@3 I don't think you heard me. Bitcoin. It can be made private, and is already used in online gambling. And if it takes off, the stoners will end up making the nerds rich.

Posted by Matt the Engineer on January 29, 2013 at 4:22 PM

@2 I was about to say the same thing.

http://en.wikipedia.org/wiki/Bitcoin

Posted by Joe Szilagyi

on January 29, 2013 at 4:32 PM

After reading that thread, I went and re-read the text of 502. (I am not a lawyer). It looks like there's nothing explicitly prohibiting it, but I got the sense that the the WSLCB and possibly local authorities have a great deal of latitude in developing regulations for the stuff that the initiative didn't spell out. My guess is that the WSLCB will put regulations in place to prohibit delivery, but if they don't, it will probably happen at some point.

I am curious what the relevant delivery laws are for alcohol. Are those by statute or regulatory decision? It seems like if alcohol delivery was legal it would happen more.

Posted by Cascadian on January 29, 2013 at 4:41 PM

How about gun delivery?

You could use bitcoin for that too. Bypass all those inconvenient regulations.

Oh wait, I forgot. Guns are bad.

Pot on the other hand is fine to deliver. And what's the point of verifying the age of the person receiving it? After all, doing drugs is completely harmless. Completely. Harmless.

Posted by Urgutha Forka on January 29, 2013 at 4:42 PM

@1 yes, www.Amazon.bud, why call in an order, when you can place it online! @3 I really do not think the feds will go after 500,000 people buying dime bags for delivery, the businesses are the ones at risk

Posted by hans millionaire on January 29, 2013 at 4:42 PM

@7 um, guns, when used properly, result in dead people. MJ, when used properly, does not. Although it does decrease the food supply.

Posted by Will in Seattle

on January 29, 2013 at 4:45 PM

I'm not sure anything is stopping an owner from setting up a Square or PayPal account with a personal bank account.

So long as you documented everything and paid all the taxes you owe.

Posted by giffy on January 29, 2013 at 4:47 PM

You could also just prepay your vendor in cash at their place of business and have them debit your account upon delivery.

Posted by Mr John on January 29, 2013 at 4:47 PM

"And what's the point of verifying the age of the person receiving it?" And how could we possibly come up with a way of verifying age when the delivery happens?

I love sarcasm pong.

Posted by Matt the Engineer on January 29, 2013 at 4:49 PM

Alcohol is deliverable. I used to order wine this way all the time.

I've got to say, if MJ businesses aren't able to use the banking system, it's going to be pretty bad from a "regulated market" standpoint. The most tempting illegal act for I-502 compliant businesses is going to be skimming money to avoid both the i-502 taxes and general business taxes. Requiring that they act as pure-cash businesses is going to make it really hard to keep things above-board. It also makes money laundering of profits from the illegal market through the legal market much easier.

If the fear of backlash from the feds forces i-502 businesses to act outside of any normal sort of business accounting, the state should do something like sell "gift cards" that can be used at mj stores and already have the tax included or something.

Posted by chrisgreen on January 29, 2013 at 5:14 PM

So would native American tribes be able to sell pot tax free?

Posted by peterga on January 29, 2013 at 5:29 PM

Could they deliver pot AND pizza?

...

Is that the best idea ever?!?

Posted by disintegrator

on January 29, 2013 at 5:32 PM

Delivery would be a good idea if there aren't going to be shops that are convenient.

I'd prefer to just have more shops than having to order.

Why is it acceptable to have a gun shop and a church on every block but not a herb store?

Posted by S T on January 29, 2013 at 5:44 PM

@14 the fallacy is that purchasing alcohol on the res for consumption off the res without paying state taxes is legal. It is not.

The same applies to MJ.

However, this might be true if two adjacent states sold MJ - would you then be able to avoid taxes by having it shipped from one to the other, or are you still liable for such taxes? I think you're still liable, and thus a scoflaw.

Posted by Will in Seattle

on January 29, 2013 at 5:51 PM

I don't get the bank account argument. Plenty of MMJ dispensaries in California do both debit/credit transactions and delivery.

Posted by MKW on January 29, 2013 at 6:41 PM

Someone needs to restart kozmo.com

Posted by Gordon Werner on January 29, 2013 at 7:33 PM

@15, why not marijuana as a pizza topping? (com'on Pagliacci "the 420 special")

Posted by theophrastus on January 29, 2013 at 9:43 PM

ok, living in washington just keeps getting better...

Posted by ballard dude on January 29, 2013 at 9:48 PM

Is paying in advance not a possibility? Something similar to re-loadable coffee cards?

Posted by thePNW on January 30, 2013 at 12:21 AM

At this point I'll start a cash account with my local weed dealer. Always have an ounce on retainer, call them up and ask for a delivery. What pot retailer is going to refuse someone who wants to pay for an ounce upfront? I don't need this now, but please note I will want this delivered to me at any time I want. For a fee I don't suppose anyone would turn me down.

Posted by watchout5

on January 30, 2013 at 2:02 AM

I live in CA and have received glorious marijuana delivery for near 2 years. And while my direct calls to the dispensary are almost never answered, I am almost always promptly called back, and the delivery ALWAYS happens between 10 and 15 minuted BEFORE the ETA. It may just be good luck but I've never had a delivery person that was visibly stoned, and they've always been great.

As far as legality, could paypal or bitcoin be utilized as a go-around? I know delivery is more common in CA than the retail outlets simply because the legality is fuzzy and the retail outlets can be raided. But for a period of 4 months I was legitimately bed-ridden and having delivery available was a godsend, and something that should be considered in WA. (I miss WA often)

I'm proud of you guys, what with the pot and the gay marriage and all. Maybe I'll move back one day, but I have a thing for sunshine.

Posted by Stabs on January 30, 2013 at 6:02 AM

What I see is a Gov' trying to get people's minds off of the important stuff and get they're minds mixed up in "stupid" details that shouldn't exist in the first place...DECRIMINALIZE...

Posted by Solarcloud1 on January 30, 2013 at 7:07 AM

@19 Man I miss Kozmo.

Posted by Matt the Engineer on January 30, 2013 at 10:20 AM

Okay, but you still got to get past the fact that there aren't going to be a lot of MJ dispensaries due to I-502s zoning restrictions. And of course, the banks aren't going to want to deal with these businesses since they don't want to be suspected of money laundering.

Posted by gman5541 on January 30, 2013 at 12:18 PM

Typical of government in Washington...which has to be one of the most backward states in the country. By the time they sort out all of the issues, the power grab will be complete and the big money players will have the market sewed up!

Posted by Reverend Bob on February 14, 2013 at 7:32 AM