Dear Pot Lawyer,

Can I really get cannabis delivered to my home?

You can! Home delivery is legal on the state level, but that doesn’t necessarily mean it’s legal in every city. Portland lifted its ban on recreational cannabis delivery last December, and it has taken a while for the first delivery companies to obtain their state and city licenses. The first licensee started making deliveries late last month, and at least one competitor will open its (car) doors later this year.

I recently had the pleasure of meeting the principals of Kush Cart, a new licensee that intends to focus exclusively on delivery. I asked Kush Cart’s co-founder, Kris Gould, why his company is so passionate about cannabis delivery.

“Kush Cart will separate itself from the competition by providing our clients with the best possible cannabis experience,” Gould says. “Focusing on delivery offers us a unique opportunity to personalize each order while adding accessibility, convenience, discretion, and a stress-free environment. We are passionate about cannabis because we believe it has the power to play a significant role in enhancing one’s mindset, becoming more self-aware, improving overall wellness, and ultimately lead to happier lifestyles.” Kush Cart will begin offering home deliveries in Portland in November, so keep an eye out!

Kush Cart and its competitors will follow the state level regulations that have been a part of Oregon’s recreational cannabis regime from the beginning. Section 27 of Measure 91 provided that licensed retailers would be able to make deliveries to “consumers pursuant to bona fide orders received on the licensed premises prior to delivery.” This language was adopted in HB 3400 without much change, but it certainly didn’t provide any guidance, instead begging the question, “What’s a ‘bona fide order,’ exactly?”

In 2015, the Oregon Liquor Control Commission (OLCC) issued temporary rules to answer this question, and it has been tweaking those rules ever since. Currently, Oregon Administrative Rule 845-025-2880 provides that a retailer may deliver directly to residential homes or apartments, but cannot deliver to hotels or other similar businesses. For the driver’s safety, each delivery vehicle must be equipped with a lock-box and each driver can carry no more than $3,000 worth of cannabis products at a time. While not strictly prohibited by the rules, a smart delivery company will use nondescript vehicles to further deter theft.

Assuming you are over 21, you can receive deliveries to your home or apartment as late as 9 pm, so long as you place an order by 8 pm (sorry, no late-night deliveries!). You will be asked to provide your name, date of birth, address, and the specific products you want to purchase. The delivery driver will arrive at your home, check your ID, and ask you to sign a delivery receipt. Enjoy, but keep in mind that you can only receive one delivery per day.

Got a question? Email us at potlawyer@portlandmercury.com. And remember that if you have a legal problem, contact a lawyer! Our educational musings cannot be relied upon as specific legal advice.