Frederick Smith of Aurora, Colorado spoke with 9News
and said he feels he was harassed by the Papa John's employee who reported to police he smelled the strong odor of marijuana at the home when he made his pizza delivery.
Smith, who has a Colorado medical marijuana card due to chronic pain resulting from a bicycling accident, said he smoked a bowl of marijuana while his daughter was in the bathroom taking a bath, and then ordered the pizza pie online, pre-tipping the driver.
Shortly after the pizza was delivered, Smith told 9News, the Aurora Police Department pounded on his door. The police officers told him they were responding to a complaint by the pizza delivery guy. They did a routine check of the residence and questioned Smith, then left without filing any charges.
Smith said he was targeted by the pizza delivery guy for legally using marijuana. He complained to Papa John's who responded by saying, "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 said he has filed a complaint with the Better Business Bureau and hopes to bring a case of slander against the driver and Papa John's. "I was definitely not smoking marijuana in front of my children, which is what he said he saw," Smith said
Tish Muldoon, spokeswoman for Papa John's corporate office in Kentucky, told Denver Westworld:
"Our drivers have the rights or obligations that any other private citizen would feel if they think they are witnessing a crime or a scene of the crime."
But Smith responded by saying
no crime was being committed, he was a medical patient legally using marijuana in the privacy of his home.