District Attorney sets sights on medical marijuana delivery businesses

Statement from the Los Angeles County District Attorney’s Office:

LOS ANGELES - District Attorney Steve Cooley announced today that Internet sales and home delivery of medical marijuana are illegal and those in violation face felony prosecution.

The District Attorney made the announcement in response to news stories that medical marijuana providers found a “loophole” to state law banning sale of medical marijuana for profit and in the new City of Los Angeles ordinance that has resulted in closure of dispensaries.

“There is no loophole,” said Cooley, “Selling medical marijuana for profit continues to be a felony crime under California law.”

Cooley said that limited transportation is allowed only if incidental to the procurement of the medical marijuana by a primary caregiver or a qualified patient.

“There is no immunity or affirmative defense for a collective member, a dispensary owner or a cultivator to transport to other members of the collective, cooperative or dispensary,” the District Attorney said.

Cooley said the California Supreme Court already has ruled these types of operators are not primary caregivers under California law.

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