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Old 01-10-2010, 01:00 PM
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Default California Pot Store Takes Orders By Phone

CAPITOLA, Calif - For some residents on California's Central Coast, ordering cannabis is as easy as getting a pizza delivered.

The Capitola Cannabis Collective will take orders by phone or fax for those who have filled out an online application, have a physician's prescription and are part of their collective, local affiliate KSBW-TV reports.

The small collective is run by a financial entrepreneur in Los Angeles, Mark Cohen. Cohen, 32, said he has a business license to operate within the city and that he is not breaking any laws by making home deliveries.

"I'm trying to help the smaller population (out) a little bit here," Cohen said. "This isn't a really a big business venture thing for me to make a lot of money. I'm just trying to help people."

However, the Capitola Planning Department said the collective doesn't have a business license and may be breaking the law if it is transporting marijuana in a vehicle.

"There's no statute that expressly authorizes the transportation of marijuana as it's a controlled substance, and the transportation is prohibited by the penal code," Capitola attorney John Barisone said. "So, the police officer has the authority to arrest a person."

Capitola Cannabis Collective delivers throughout the Monterey Bay area. It has seven volunteers who make deliveries.

It is a small collective and only members have access to obtaining the medical marijuana.

Since the collective hasn't set up a medical marijuana dispensary, there is no violation of any land-use issues.

"Typically, with local code violations, if a complaint is lodged with the city we would investigate it," Barisone said.

Police, meanwhile, are trying to determine if the collective is in violation of any drug-distribution laws.

Cohen said the collective staffs a team of attorneys that go through all the laws, and if it must change its approach, it will do so.

Capitola has been contacted by another party to open a medical marijuana dispensary. The issue will go before the planning department later this winter.

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