Pizza delivery guy calls cops on customer who smoked medical marijuana

FruityBud

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A man says he got much more than a large pizza when he called Papa John's for delivery - he got a visit from Aurora Police.

The man was smoking medical marijuana just before the pizza arrived on Friday evening. The delivery driver smelled the marijuana and called the cops. The Papa John's employee, who was not identified, was concerned because the customer's 9-year-old daughter was in the house.

Officers performed a child welfare check and left without filing any charges.

The man who ordered the pizza, Frederick Smith, contacted 9NEWS because he says he was targeted for doing something that's perfectly legal in Colorado.

"I wanted to be able to use medical marijuana and not feel harassed," Smith said.

Smith has a medical marijuana card. He says a doctor prescribed the drug for chronic pain he suffered in a bicycle accident.

"It is daily pain relief for me. I smoked some medical marijuana to relieve by knee pain," Smith said.

Smith says his 9-year-old-daughter was in the bathroom and insists he never uses the drug in front of her.

After smoking a bowl, Smith ordered a pizza from Papa John's. Their meal was interrupted minutes later by what he describes as "a very loud banging" at the door. It was Aurora police.

"A pizza guy had actually called in the complaint," Smith said.

The delivery man said there was a strong smell of marijuana and a young child in the house.

"I was definitely not smoking marijuana in front of my children, which is what he said he saw," Smith said.

Smith says Aurora Police searched the house and left. He called Papa John's to complain and also filed a complaint with the Better Business Bureau. Smith says Papa John's never even apologized.

"I'm going to try and bring a case of slander against them," Smith said.

9NEWS Legal Analyst Scott Robinson says the pizza company is not liable because the driver actions are not part of his job description.

"I can understand his outrage but he's not going to get anywhere trying to sue Papa John's," Robinson said.

Robinson says, even though medical marijuana is legal in Colorado, people who smoke it are still breaking federal law. Robinson says a jury would likely find that the Papa John's employee was justified in calling the police.

"He was acting as a private citizen in notifying the authorities. Anyone who calls the police is almost surely immune from any lawsuit," Robinson said.

Papa John's representatives and the delivery driver declined to speak on camera to 9NEWS. They did send the following statement:

"Papa John's of Colorado wants to stand behind the decision that this delivery driver made. He was acting as a concerned citizen and for what he believes was the best interests of our community."

Smith insists what happened to him was wrong.

"I was astounded that a pizza driver of all people would be the person to start trouble about medical marijuana. This is no laughing matter. What he did was serious," Smith said.

Story Update: After this story aired on Oct. 3, Sexy Pizza decided to award Frederick Smith (mentioned in the story below) a free pizza per month "until Colorado voters decide a 2012 ballot initiative that would regulate the recreational simple possession of marijuana across Colorado," says a release sent out by Sexy Pizza on Oct. 6.

hxxp://tinyurl.com/66n8rs5
 

Lemon Jack

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People just have such distorted views on what cannabis actually is. I bet if the guy would of came to the door with a beer in his hand the guy wouldn't have called anyone.
 
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Roddy

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How long was this kid in the bathroom for the dad to be smoking a bowl? I'd say there's two sides to this story....
 

Erbal

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Roddy said:
How long was this kid in the bathroom for the dad to be smoking a bowl? I'd say there's two sides to this story....

Maybe she was taking her evening bath?
 

TerrorAP2

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As a former pizza delivery driver for Papa John's, I can't believe someone would do something like that. First off, it's none of his damn business what someone is doing in their house. As long as the dude didn't answer the door naked, it should have been a simple exchange of money and product.

Hell, I've been offered shots of alcohol while on the job and you bet your *** I accepted.
 
T

The Hemp Goddess

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I have a job where I am in people's homes and sometimes in their most personal spaces--closets and under cabinets. I would never in a million years turn anyone in for anything less than child porn or a body in a crawl space.

Terror, bad form to drink while driving and working for someone else.

I can say that I will be boycotting Papa John's from now on. Employees would be told that things they see in other's homes are none of their business.
 

TerrorAP2

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The Hemp Goddess said:
I have a job where I am in people's homes and sometimes in their most personal spaces--closets and under cabinets. I would never in a million years turn anyone in for anything less than child porn or a body in a crawl space.

Terror, bad form to drink while driving and working for someone else.

I can say that I will be boycotting Papa John's from now on. Employees would be told that things they see in other's homes are none of their business.

Yeah, it wasn't my best decision. I was only 18 and thought I was king of the world. I've grown up a lot since then.
 

Dr.Drow

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The Hemp Goddess said:
I can say that I will be boycotting Papa John's from now on. Employees should be told that things they see in other's homes are none of their business.

^agree, and they are sticking up for thier employee for narcing out a perfectly legal medical patient in a state where this isnt uncommon. if no charges were filed this should be considered harassment. papa johns is basicly rewarding thier employees for invading privacy of innocent ppls homes. No one in there right mind should ever order from them again. i wouldnt eat their pizza ever again in my life if they called the cops on me or anyone i knew, com'on seriously?
 
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Roddy

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You guys are fast to jump to conclusions, we only know one side of the story. We have no clue what the pizza guy actually saw, do we?
 

TerrorAP2

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It really doesn't matter what he saw. It was none of his business. ;)
 
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Roddy

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That sure is easy to say.....

Am I the only one thinking it odd the guy who is crying defamation is also the one who called the news?
 

mainechowder

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The Hemp Goddess said:
I can say that I will be boycotting Papa John's from now on. Employees would be told that things they see in other's homes are none of their business.
Well said THG.

I tried their pizza a number of years ago. Let's just say I now have 2 reasons never to buy another one.
 

Hick

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why would they care to alienate their largest consumer base??? :confused2: talk about cutting your nose off just to spite your face.... :p
 

jesuse

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what a dirty rat<<hope the pizza guy has a bad fall!!

one time i was all smoked up out my nut[sat with a big fry up breky] when the sky guy came to fit the tv up<< when this lad came in he laughd and said thats a nice smell freind<< i looked at him puzzeld,, was he on a bout the breky or the sweet smell of my herb i was growing and tokeing on << then he asked what type it was as it smelld realy good and that he had a nice lump of soft black in his van<< i told him go get it budy and wee can have a puff<< wee sat in my liveing room and had a good toke on my herb and his soft black<< then my wife rang me to ask did the sky guy come i replyd hes still hear [bout 4hrs l8r] weer haveing a smoke<< she was like wot did he fit the sky<<<i replyd hes still to do it dol:D,, thats what i call good service ...[j]
 
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Roddy

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OK, what if the guy was seen shooting shotguns to the little one? What if she was rolling his dope or hitting the bong as the guy came to the door? What if......

See? One situation makes the pizza guy a loser, others make him a hero. Hard to judge just with the info presented....but I guess that's of little matter. The thing is, we rarely hear of this happening and I am betting most are told to mind their business, so hearing this one, seeing the guy's reaction...something stinks here. No business would stand behind a guy solely because he's an employee, check out Hank Jr....methinks there's more to this. But carry on...
 

TerrorAP2

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jesuse said:
what a dirty rat<<hope the pizza guy has a bad fall!!

one time i was all smoked up out my nut[sat with a big fry up breky] when the sky guy came to fit the tv up<< when this lad came in he laughd and said thats a nice smell freind<< i looked at him puzzeld,, was he on a bout the breky or the sweet smell of my herb i was growing and tokeing on << then he asked what type it was as it smelld realy good and that he had a nice lump of soft black in his van<< i told him go get it budy and wee can have a puff<< wee sat in my liveing room and had a good toke on my herb and his soft black<< then my wife rang me to ask did the sky guy come i replyd hes still hear [bout 4hrs l8r] weer haveing a smoke<< she was like wot did he fit the sky<<<i replyd hes still to do it dol:D,, thats what i call good service ...[j]

That's one lucky TV man. Did you treat him to a fry up or just the herb?
 
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Roddy

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TerrorAP2 said:
That's one lucky TV man. Did you treat him to a fry up or just the herb?

My garbage men come in every week and partake, I don't even have service with them. :D Trash is picked up, a morning break taken....life is good!
 

TerrorAP2

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I'm afraid to share with anyone that I don't know really well. I'm worried word will get out that I'm a dealer or the dude with a lot of pot and that will most likely cause some sort of trouble.
 

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