Marijuana Delivery Service Laws
Last Updated: 10/18/2019
The cannabis business has significantly evolved over the years. If you are a new business owner who is looking to get into this booming industry, starting a home delivery service business could be a good alternative for you.
Cannabis delivery laws vary significantly among states. For instance, in Massachusetts, cannabis delivery for recreational users is illegal even though retail sales are legal. It's therefore crucial that you know the specific laws of your state before going into the marijuana delivery business.
You Need a Solid Business Plan
Because the marijuana delivery industry is complex, having a solid business plan is important to ensure you remain profitable.
Storage, advertisement, how to compete with the black market and delivery techniques are some of the things you must address in your business plan. You also need to make sure there are dispensaries that will allow you to handle their delivery. Many dispensaries have their own delivery services that allows them to deliver cannabis to medical marijuana patients and recreational users.
Make Sure to Get the Proper License
All states permitting delivery services require business owners to obtain a license from the proper state authority. So, the very first thing you need to do is gather the necessary paperwork and apply for a license.
The procedure of getting a recreational or a medical marijuana delivery license varies depending on state and local laws. While some states only ask for a retailer business license, others require additional steps like background checks to ensure you qualify. Therefore, you should carefully study local laws and regulations to ensure you are in compliance.
Advertising Your Cannabis Delivery Service
The rules on advertising delivery business are generally complicated as marijuana is still illegal under federal law. This means traditional advertising methods like network television and certain digital platforms are not available to cannabis delivery services. States might also add restrictions. You must carefully look into the local laws when creating an advertising plan.
Your state's laws will determine the legal implications of transporting cannabis. In states where marijuana is illegal, delivery and transportation is also illegal. On the other hand, states that have legalized cannabis have their own laws on who is eligible to transport. In Washington, for instance, you need to have a retailer license and comply with the requirements outlined in the law.
Don't Transport Cannabis Across State Lines
Cannabis is still illegal under federal law. This means transporting marijuana across states may result in federal prosecution. The supremacy clause of the Constitution also gives federal agencies the power to prosecute people working in cannabis deliveries even though the act is legal under state law. If you are running a delivery business, be aware of federal laws and the enforcement priorities of federal agencies to better understand the risks associated with this business.
- Marijuana Business: Licenses, Permits, and Planning
- Marijuana and Other Highly Regulated Businesses
- Transporting Marijuana: Laws and Regulations
Do You Need an Attorney to Help You Start a Cannabis Delivery Business?
Cannabis delivery laws are tricky to navigate, especially since federal laws classify marijuana as a Schedule I drug. If you have concerns about starting a delivery business or have questions, consider speaking with a business attorney with experience in the marijuana market.