Nestdrop is a smartphone app aimed at delivering medical marijuana to patients in Los Angeles, but a judge has now ruled the company behind the application cannot deliver cannabis in the city.
Judge Robert O'Brien ruled Nestdrop must stop their delivery service under current regulations. Medical marijuana shops in Los Angeles are prohibited by law from delivering product to their customers.
Proposition D, a citywide measure passed by voters of Los Angeles in 2013, both re-opened and regulated medical marijuana retail outlets in the city of nearly 3.9 million people. In addition to medical marijuana, Nestdrop also delivers alcohol, a service they intend to continue in Los Angleles following the ruling.
Managers of Nestdrop are planning to take their service to other cities where marijuana is legalized for medicinal purposes.
"At this pivotal point in history we stand as pioneers ready to define tomorrow. Like when buzz lightyear walked on the moon, or Captain America defeated the Axis forces, we are the first to deliver medical marijuana or alcohol to your door all through your mobile device," Nestdrop management wrote on the company Web site.
Mike Feuer, the city attorney for Los Angeles, filed a lawsuit on December 2 against Nestdrop, seeking an injunction against cannabis delivery.
Medical marijuana is available in 130 stores around the City of Angels, a number capped at 135 by the 2013 proposition. This was the same number of locations which were open in 2007. Proposition D contains several requirements for retail medical marijuana dispensaries, including maintaining a location placed a minimum distance from schools, day care center, public parks and other areas.
Managers at Nestdrop say their service is merely involved in communication between suppliers and patients, and that they should not be hindered by the law.
"We do not understand why the city is trying to restrict law-abiding resident's access to the medicine that has been prescribed to them by their doctors," Michael Pycher, co-founder of Nestdrop, said.
This marks the first time in history that a local government has filed a lawsuit to prevent a business from distributing medical marijuana through a smartphone application. Feuer and his staff are also investigating other companies that are allegedly delivering medical cannabis in violation of Proposition D. During his tenure at his current position, Feuer has overseen the closure of more than 400 medical marijuana dispensaries in the nation's second-largest city.
Pycher told reporters his company intends to appeal the recent court decision.
"We are evaluating our options for the future in regards to Los Angeles and hope the city will change its misguided attempt at restricting medicine for patients," Nick Valente, senior account executive for Nestdrop, said.