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.