Appeals court upholds injunction against pot delivery app

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.


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