Uber Eats accepts cannabis orders in Canada, but can you order weed through Uber in the US?

The ultimate future of cannabis is beginning Uber Eats, but not so soon in America.

Uber has started doing the obvious and shipping marijuana in Canada. Under the Uber Eats label, consumers can now order marijuana in Ontario, Canada. But there is a catch. As Quartz’s Michele Chang notes:

Uber is partnering with cannabis retailer Tokyo Smoke so that users can place an order through the Uber Eats app and pick it up in-store. But delivery is not yet possible. While cannabis can be supplied by retailers in Ontario, third party supply from services like Uber Eats is not yet legal in Canada.

According to a press release, the items will be ready for collection within an hour of being placed. When customers arrive to collect their order at the store, the regulations require them to show their ID.

While the headline is great, Uber and Marijuana Delivery, the reality is just one more cannabis ordering platform that consumers can call up and pick up at a pharmacy, very much like Leafly, Weedmaps, Jane and others.

Before Americans get too excited about marijuana via Uber, there are a few issues with this “fantasy” arrangement of on-demand marijuana delivery to your door. First, unlike the United States, recreational cannabis is federally legal in Canada. While provinces can argue about the rules and details the same way US states do, the federal government of Canada has legalized recreational marijuana so there is no threat from federal agencies following your order in Canada and through your door burst.

Second, many states are establishing 3 to 5 year monopolies for supply licenses that must go to candidates for social justice or economic empowerment. This means that in many states, only social equity-labeled companies are allowed to have a supply license for at least 3 years, so Uber would not qualify or legally be able to supply your cannabis order. While every Uber driver in Las Vegas seems to have a trunk full of cannabis products to offer “just in case you’re interested,” it is not legal for Uber or Uber Eats to take or deliver your marijuana order . If social justice programs continue in newly legalized states, it can take 3 to 5 years for mainstream delivery companies like Uber, Lyft, and even Amazon to deliver your cannabis order.

Third, because of the status of cannabis under federal law, it is 100% illegal to use a credit card or debit card with a Visa or Mastercard logo to buy marijuana. Yes, there are many workarounds and options such as cash advance and cashless ATMs, but they only exist because you cannot legally operate a credit or debit card with a Visa or Mastercard logo on a List 1 drug under federal law . With Uber charging billions in ridesharing fees and food deliveries, they would never risk their U.S. merchant accounts over $ 50 in marijuana orders. If the laws change it makes perfect sense to experiment much like Canada does, but until then, being able to hold a credit and debit card is far more important to Uber and Uber Eats in the US than delivering cannabis orders.

Fourth, international trade in THC-based products is currently illegal. This poses a problem for Uber and Uber Eats drivers who happen to cross a state line when delivering food or passengers. You are now breaking federal law by taking marijuana from one state and delivering it 1.5 meters across the border to another state. Just a world of headaches and lawyers for Uber now, let alone federal drug trafficking, underage advertising, etc.

For now, Uber has to take you to and from the airport and deliver that 20-piece McNuggets box at midnight minus the 1/8 and some gums.

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