LA city attorney sues marijuana delivery app

LOS ANGELES (KABC) -- The Los Angeles city attorney announced Tuesday that it's filing a lawsuit against Nestdrop, an app that promises to deliver medical marijuana to Los Angeles residents.

"They cannot deliver medical marijuana in the city of Los Angeles. Period," Los Angeles City Attorney Mike Feuer said at a news conference.

Nestdrop allows medical marijuana patients to order product on their smartphones or computers. The marijuana is then delivered to customers' doorsteps.

Feuer says the service violates Proposition D, the voter approved measure that established parameters for the city's medicinal marijuana dispensaries.

"There is no lawful delivery service under Prop D," Feuer said.

"We would strongly disagree with any assertion that this is a lawful business model," Feuer added.

Nestdrop co-creator Michael Pycher has previously said the service was in compliance with the law.

"We have every intention to comply with the law. We are not trying to skirt around anything," Pycher said.

The lawsuit does not mean the operation has to shut down immediately, but the city attorney says the company could rack up severe civil penalties if it continues to operate. They're asking for $2,500 per day since at least Nov. 12, 2014.

Ultimately, a judge will make a ruling at a later date.

In a statement released today, Pycher said, "We are saddened by the city attorney's recent attempt to restrict patients access to their legal medicine and intend to fight this."

Feuer says the lawsuit against Nestdrop is part of his office's ongoing efforts to crack down on illegal medical marijuana operations.

Since taking office a year and a half ago, Feuer says his office has closed 402 dispensaries, roughly half of the city's operating dispensaries.

Several other apps also offer delivery to areas in Southern California, but only Nestdrop has been targeted so far.

"This is the first (case), and those others are operating at their own peril," said Frank Mateljan, a spokesman for the city attorney's office.

The Associated Press contributed to this report.