Rob Schuster, right, owner of FX420 dispensary, asked the Roseburg City Council to allow delivery of his products. It appears he will get his wish.

It looks like marijuana dispensaries in Roseburg and beyond will be able to deliver their products to customers’ homes, following a clarification in the current rules that was prompted by a request by the owner of a popular Roseburg dispensary.

Rob Schuster, the owner of FX420 dispensary in Roseburg, approached the Roseburg City Council last month with two requests: expand the allowable hours of operation for dispensaries within city limits and allow for home delivery of his products. The City Council is scheduled to discuss the matter Monday night, but the matter of allowing deliveries has already been resolved.

The regulations surrounding marijuana dispensaries in Roseburg date back to 2014, when the City Council adopted an ordinance regulating the operation of medical marijuana dispensaries. That ordinance included the hours of operation, which were from 9 a.m. to 9 p.m. every day except Sunday, on which they must close by 6 p.m.

In February 2016 the City Council adopted another ordinance with set the same hours of operation for recreational marijuana dispensaries. Those hours are more restrictive than state rules, which allow marijuana dispensaries to operate from 7 a.m. and 10 p.m. City officials say the reason the City Council adopted more restrictive hours than state rules was because they wanted to try to match the hours of operation of local liquor stores.

Then there was the issue of allowing dispensaries to deliver their products to their customers.

When Schuster addressed the City Council on Dec. 9, he asked councilors to adopt the state rules both for hours of operation and home delivery. Schuster explained that many of his customers, including those who use his products for medicinal purposes, find it difficult to get to his store, and allowing delivery would be a significant benefit to them.

City officials said they weren’t clear on the regulations of dispensaries, especially when it came to home delivery. City staffers would have to research the regulations and address it at a later meeting, they said.

That research revealed that while cities can restrict the hours of operation for dispensaries so they are less than state rules allow, city officials determined that “the City does not have the authority to adopt more restrictive rules regarding delivery.”

State rules restrict delivery of marijuana to within the city the dispensary is licensed. There is an exception for delivery of medical marijuana to a medical marijuana patient or a patient’s designated primary caregiver at an individual’s residence outside city limits, regardless of any prohibition by the surrounding county.

“Therefore, even though Douglas County prohibits the sale of marijuana, this exception would apply and delivery of medical marijuana to patients outside city limits is allowed. There is no need for a Code amendment regarding delivery as it is currently allowed and regulated through Oregon Revised Statute and Oregon Administrative Rule,” city officials said.

Eric Johnson, Communications Specialist with the City of Roseburg, clarified further: “Marijuana delivery is allowed in the City by a licensed dispensary. In regard to regulation of marijuana delivery, we defer to the State statute. We’ve always been in compliance with the statute. Marijuana dispensaries within the City of Roseburg are allowed to deliver their products as long as it is in compliance with the State. The reason why we are bringing it to Council on Monday is to offer clarification that delivery is allowed under the State rules.”

The state rules on delivery from dispensaries includes the following:

  • Delivery is allowed to a dwelling such as a house or apartment but not a dormitory, hotel, motel, bed and breakfast or similar commercial business.
  • The dispensary must get approval from the OLCC to deliver.
  • An order must be received by the dispensary before 8 p.m. on the day the delivery is requested, and deliveries must be made before 9 p.m. and may not be made between the hours of 9 p.m. and 8 a.m.
  • The order must be delivered to the individual who placed it.
  • The order cannot be delivered to an individual who is visibly intoxicated.
  • Only one delivery per day is allowed to a single address.
  • A retailer may not carry or transport at any one time more than $3,000 in retail value worth of marijuana items designed for delivery.
  • A retailer may not deliver marijuana items to a residence located on publicly-owned land.

Schuster said he always thought he should be allowed to deliver his products, but never did out of deference to city officials, who gave him the impression delivery was not allowed.

Schuster also said he’s glad the matter has apparently been resolved and the ability to deliver his products will help his many clients who have mobility issues, including those who don’t drive.

“This is great news,” he said. “We’ll conduct delivery the same way we conduct business at the store. It will be very professional and every client will be vetted.”

Scott Carroll can be reached at scarroll@nrtoday.com or 541-957-4204. Or follow him on Twitter @scottcarroll15.

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