A Massachusetts technology start-up is offering a “special free gift” when you purchase their lemonade for delivery. The lemonade will cost $55, and the “special gift” of marijuana costs nothing. Until regulations are in place in Massachusetts, actual marijuana sales aren’t permitted.
HighSpeed delivers to Cambridge and Boston at the moment, according to The Boston Globe. Questions surrounding the business’ legal status are swirling. Up to one ounce of marijuana may be exchanged between two people as no remuneration (payment) is exchanged for it.
HighSpeed Technology Inc. has been in operation in D.C. for over a year. Its founder, David Umeh says that his business operates within the parameters in place under current Massachusetts.
Umeh said, “The thing about HighSpeed: We’re not a marijuana company. We’re a technology startup. We’re a delivery company. And we deliver juice.”
Umeh also said, “In D.C., you can’t sell it. In Boston, in Massachusetts, you can’t sell it. But you can give cannabis as a gift and that’s what we do.”
Not all sides see it Umeh’s way though.
Chief legal counsel at the District Attorney’s office, David M. Solet said in a letter that, “It has come to our attention that there are a number of individuals and businesses that are attempting to evade the Commonwealth’s prohibition on the unlicensed sale of marijuana by engaging in organized sham transactions.”
Suffolk District Attorney Daniel F. Conley’s office says that distributing marijuana without proper license is illegal. Buying and having small amounts of marijuana is legal.
HighSpeed isn’t the only company in Massachusetts that gives customers a “special gift” with purchase. Where it may become difficult to uphold validity to their business ventures is the cost of the item purchased in comparison to actually aligned with its regular price (fair market value).
Further investigation into the legality of the businesses is required since they aren’t actually “selling” marijuana; they’re selling a product and including the marijuana as a gift.