A state appeals court has upheld a judge’s decision to block a smartphone app that allowed people in Los Angeles to have medical marijuana delivered to them.
A division of the 2nd District Court of Appeal said Monday the app by a company called NestDrop violated a 2013 voter-approved law that restricted medical marijuana facilities in the city. The company was sued in 2014 by Los Angeles’ city attorney, who sought to shut it down as a violation of that law.
The three-judge appellate panel said the law, Proposition D, also generally prohibits marijuana deliveries by vehicle. The panel upheld a lower court’s decision to issue a preliminary injunction.
Michael Grahn, who represented NestDrop, said the appeals court did not provide a good reason why it rejected NestDrop’s argument that Proposition D was pre-empted by the state vehicle code.
Nestdrop launched in L.A. last year, according to the L.A. Times, marketing itself as America’s first app-based, on-demand delivery service for medical marijuana.
“It is our mission to offer you high quality medical marijuana legally with the privacy you deserve now through your phone,” Nestdrop’s website says. “Your comfort is important to us and Nestdrop makes it easy, fast, and affordable to get your medicinal needs brought to your door.”
Co-founder Michael Pycher told the Times in December that the app had tens of thousands of users. The app’s download page on Google Play says it’s available in San Francisco, Portland, Seattle and other areas in California.
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