Recreational legal states are divided on whether to allow cannabis home delivery and just how to regulate it. For example, though cannabis delivery is legal in Oregon, it is still being debated in the Washington State legislature. And even though home delivery is legal in Oregon, that doesn’t necessarily mean it’s legal in every city. Portland, Oregon only 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, and to begin operating.
Considering that cannabis home deliveries are still prohibited in Washington, it may come as a surprise that home delivery has been a part of Oregon’s recreational cannabis regime since its inception. 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, and without any attempt to clarify the definition of a “bona fide order.” But home delivery was put on hold while the Oregon Liquor Control Commission (OLCC) worked out the details.
In 2015, the OLCC issued temporary rules to govern home delivery, and it has been tweaking those rules ever since. However, it wasn’t until February of this year that the OLCC finished working out the kinks and opened up delivery statewide.
Currently, Oregon Administrative Rule 845-025-2880 provides that a retailer may deliver cannabis directly to residential homes or apartments, but cannot deliver to hotels or other similar businesses. Any particular individual or address can only receive one delivery per day.
For the driver’s safety, each delivery vehicle must be equipped with an internal lock-box to store the cannabis during transport and each driver can carry no more than $3,000 worth of cannabis products at a time. Though not strictly required by the rules, a smart delivery company will use nondescript vehicles to further deter theft.
Assuming you are over 21 and you are not visibly intoxicated, you can receive deliveries of cannabis to your home or apartment as late as 9 pm, so long as you place an order by 8 pm. 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 so the retailer can fill out its delivery manifest.
These delivery manifests were the primary cause of the delay in bringing home delivery to the masses, as the OLCC needed to determine how to fit home delivery into Oregon’s seed-to-sale tracking system. Fortunately, the system is now up and running, and home delivery may already be available in your city.
As more states legalize cannabis in 2018, Oregon’s experience with home delivery will no doubt provide a valuable guide. In fact, if you are lucky, you may soon be enjoying commercials like this one.
Portions of this post were first published in the Portland Mercury and are republished with permission.