The Quickest Way to Have Your Delivery Service Shut Down, and How to Avoid It

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December 04, 2017

THE QUICKEST WAY TO HAVE YOUR DELIVERY SERVICE SHUT DOWN, AND HOW TO AVOID IT

Delivery services figure to provide cannabusinesses with an invaluable revenue stream. However, the Emergency Regulations make it clear that delivering cannabis goods will be heavily regulated. Let’s discuss the delivery regulations that were just released on November 16, 2017.

EMERGENCY REGULATION SECTIONS TO PAY CLOSE ATTENTION TO: 5415(a), 5417(f), and 5419

Section 5419 states:

“A retailer’s delivery employees shall not consume cannabis goods while delivering cannabis goods to customers.”1

This section may be short, but it carries a heavy punch. The problem? THC is fat soluble. Put another way, THC is stored in the fat. While alcohol typically eliminates at about .015%-.03/hour, THC can stay in the system for weeks. Cannabis business owners should not read the word “consume” literally in §5419: your delivery driver should not have THC in their system whatsoever, regardless of whether or not cannabis was technically consumed during the delivery.

You might be thinking there’s an easy solution: Simply hire an outside delivery service. §5415(a) indicates, however, that “All deliveries of cannabis goods shall be performed by a delivery employee of a retailer.”2 §5417(f) also makes it clear that delivery vehicles will be subject to inspection by the Bureau of Cannabis Control at any licensed premises or during delivery.3 The delivery drivers, in addition to the goods in the delivery vehicles, will likely be subject to inspection.

THE SOLUTION

Unless the regulations are changed to allow the use of independent contractors to handle deliveries, there’s no way around it: you have to hire someone who doesn’t consume marijuana to handle your deliveries. While the plain language of the regulations makes it clear that a delivery employee cannot actively consume cannabis while delivering, it’s safe to assume that it doesn’t matter if the delivery driver is under the influence or impaired by the cannabis. They should not have THC in their system at all. How is the delivery driver supposed to prove that they didn’t consume an edible while driving if THC can stay in the system for weeks? Any employee that has any THC in their system should not handle deliveries.