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COzigzag
05-18-2010, 03:01 AM
Would this fly in Colorado with the upcoming new bill? They are doing it in Cali.

Selling MMJ vendor style like a farmer's market.

Inland Empire uses a farmerâ��s approach Farmersâ�� market style local collective opens in Riverside « WEST COAST LEAF (http://www.westcoastleaf.com/?p=834)

Adamkadmon
05-18-2010, 03:05 AM
That's awesome. Especially because my wife and will be working out of farmers markets this summer...but I have no idea if it would fly here ("legally"). Guessing not.

copobo
05-18-2010, 03:13 AM
It's all about plant count for dispensaries, right? We can still sell to each other. If you are a small craft grower, growing within your limits as a caregiver, why not?

If you had 5 patients and were a patient yourself, you could have 3/4 of a pound with you to sell and be legit.

maybe I'm missing something? I think that would be cool.

Justabloke
05-18-2010, 03:14 AM
I doubt it because distrabution just like consumption has to be behind closed doors.

Plus, that's like slapping the Nazi Feds in the face saying "here I am; come get me!!!"

I don't think they'll last long at that.


j

COzigzag
05-18-2010, 03:25 AM
I doubt it because distrabution just like consumption has to be behind closed doors.

Plus, that's like slapping the Nazi Feds in the face saying "here I am; come get me!!!"

I don't think they'll last long at that.


j

I kindly have to disagree. A Colorado dispensary can sell to whomever has a MMJ License. What have the Feds done to them?

HB10-1284 limits Centers to selling MMJ only at their licensed premises. It also says no two caregivers can join together in the cultivation of medical marijuana but does not state caregivers can NOT come together to distribute marijuana.

If you are a patient and a caregiver, you can sell to any MMJ license holder, right?

You also have to read what the bill DOESN'T say.

:D

Justabloke
05-18-2010, 03:31 AM
Yeah but you can't sit roadside like a Farmer's Market and sell MMJ. Unless I have the Michigan Farmer's Markets in mind.

j

Adamkadmon
05-18-2010, 03:33 AM
I guess it would hinge on whether or not distribution needs to be behind closed doors...I'm still working my way through the final version of the bill...
:stoned:

TurboALLWD
05-18-2010, 03:41 AM
If you are a patient and a caregiver, you can sell to any MMJ license holder, right?

You also have to read what the bill DOESN'T say.

:D

I thought it said caregivers can only sell to their 5 patients and only at cost? You can charge for other services though.

throatstick
05-18-2010, 04:17 AM
I thought it said caregivers can only sell to their 5 patients and only at cost? You can charge for other services though.

i thought the at cost thing was just talk,is it in the bill now?is it clear that we can only sell to the 5 we have or can we do as said above?

TurboALLWD
05-18-2010, 04:36 AM
i thought the at cost thing was just talk,is it in the bill now?is it clear that we can only sell to the 5 we have or can we do as said above?

(V) THESTATEHEALTHAGENCYMAYMAKEANEXCEPTION,BASED
23 ON A REQUEST FROM A PATIENT, TO PARAGRAPH (a) OF THIS SUBSECTION
24 (6) LIMITING PRIMARY CAREGIVERS TO FIVE PATIENTS. IF THE STATE
25 HEALTH AGENCYMAKES AN EXCEPTION TO THE LIMIT, THE STATE HEALTH
26 AGENCY SHALL NOTE THE EXCEPTION ON THE PRIMARY CAREGIVER'S
27 RECORD IN THE REGISTRY.


(d) A PRIMARY CAREGIVER MAY NOT CHARGE A PATIENT MORE
2 THAN THE COST OF CULTIVATING OR PURCHASING THE MEDICAL
3 MARIJUANA, BUT MAY CHARGE FOR CAREGIVER SERVICES.


(6) Patient - primary caregiver relationship. (a) A PERSON
13 SHALL BE LISTED AS A PRIMARY CAREGIVER FOR NO MORE THAN FIVE
14 PATIENTS ON THE MEDICAL MARIJUANA PROGRAM REGISTRY AT ANY GIVEN
15 TIME; EXCEPT THAT THE STATE HEALTH AGENCYMAY ALLOWA PRIMARY
16 CAREGIVER TO SERVE MORE THAN FIVE PATIENTS IN EXCEPTIONAL
17 CIRCUMSTANCES. IN DETERMINING WHETHER EXCEPTIONAL
18 CIRCUMSTANCES EXIST, THE STATE HEALTH AGENCY MAY CONSIDER THE
19 PROXIMITY OF MEDICAL MARIJUANA CENTERS TO THE PATIENT.

THE PATIENT SHALL INDICATE WHETHER THE
3 PATIENT INTENDS TO CULTIVATE HIS OR HER OWN MEDICAL MARIJUANA,
4 BOTH CULTIVATE HIS OR HER OWN MEDICAL MARIJUANA AND OBTAIN IT
5 FROM EITHER A PRIMARY CAREGIVER OR LICENSED MEDICAL MARIJUANA
6 CENTER, OR INTENDS TO OBTAIN IT FROM EITHER A PRIMARY CAREGIVER
7 OR A LICENSEDMEDICALMARIJUANA CENTER. IF THE PATIENT ELECTS TO
8 USE A LICENSED MEDICAL MARIJUANA CENTER, THE PATIENT SHALL
9 REGISTER THE PRIMARY CENTER HE OR SHE INTENDS TO USE.


Also read somewhere, can't find it now, that a caregiver can obtain meds, most likely from dispensaries but it doesn't specify.

copobo
05-18-2010, 04:37 AM
the 5 patient limit isn't going to stand. neither is local control. both of these have already been ruled on.

The acknowledgement of Dr approved increased counts (something the state constitution leaves to the caregiver) is interesting...

it's also curious that it hasn't been signed yet... I wonder if the leo lawyers are starting to see the holes in it.

If my doctor believes that my appropriate method would be to eat one gram of extracted oil a day, I would need >1 pound of buds a month to produce that. If I decided to use a strain like G13, 90 plants would be reasonable in order to have 30 clones, 30 veg, and 30 flowering and be within limits.

I imagine after the obvious constitutional issues are dealt with in the courts, the wild west will be even wilder than before.

1284 is going to be a much bigger headache for them than they think. Every cop in the state is going to want Romer's head.

throatstick
05-18-2010, 05:04 AM
the 5 patient limit isn't going to stand. neither is local control. both of these have already been ruled on.

The acknowledgement of Dr approved increased counts (something the state constitution leaves to the caregiver) is interesting...

it's also curious that it hasn't been signed yet... I wonder if the leo lawyers are starting to see the holes in it.

If my doctor believes that my appropriate method would be to eat one gram of extracted oil a day, I would need >1 pound of buds a month to produce that. If I decided to use a strain like G13, 90 plants would be reasonable in order to have 30 clones, 30 veg, and 30 flowering and be within limits.

I imagine after the obvious constitutional issues are dealt with in the courts, the wild west will be even wilder than before.

1284 is going to be a much bigger headache for them than they think. Every cop in the state is going to want Romer's head.

that would be something funny to watch on 9 news...this just in cop goes postal because he is made to do real work now.found pitch fork in car parked in front of romers house......this just in cop turns out to be ritters son......slumped over the wheel of his car from an apparent heroin infused doughnut overdose.

COzigzag
05-18-2010, 02:09 PM
If a caregiver sells 2 oz to their patient and that patient sells it to another patient, what's illegal about that?

If a patient can legally possess MMJ. It's a patient to patient transaction.

Keep your patients but only 5 of them on paper! Just daisy chain them. :D

Sure, you will have to keep your legal limit on plants but it's up to you to figure out a realistic amount you can grow for "X" patients.

Get creative!

COzigzag
05-18-2010, 02:21 PM
HB10-1284 states that no two caregivers can join together for the cultivation of medical marijuana.

Okay, so if a patient can grow their own why can't a caregiver, in a virtual sense, let this patient, who is not the caregiver's patient on paper, use their grow room to grow their medicine?

This patient can't grow because of lack of experience and never shows up to tend their plants but I have the proof on paper that these plants are not mine and they are legally this patient's plants. This patient may be a person I used to caregive for.

You know what I mean!

TheReleafCenter
05-18-2010, 06:02 PM
What I've heard is that you can distribute mmj as an MMC or primary caregiver. If you're a primary caregiver, you're restricted to your own patients and can't do things like trade with another pc. If that's true, I don't see the idea of a farmers market working out.

COzigzag
05-18-2010, 06:13 PM
What I've heard is that you can distribute mmj as an MMC or primary caregiver. If you're a primary caregiver, you're restricted to your own patients and can't do things like trade with another pc. If that's true, I don't see the idea of a farmers market working out.

Sorry, I'll try to be a little clearer this time.

I am a patient AND a caregiver. As a patient I can legally sell to any other licensed patient. Because I am also a caregiver, I may have extra meds I wish to sell. As a "patient" I can legally sell my extra meds to other patients other than my patients. I'm sure other caregivers are also patients.

Lets face it, caregivers with any kind of equipment investment cannot afford to caregive to only 5 patients especially if those 5 patients are surfing the dispensaries for their meds.

Is that any clearer? ;)

TheReleafCenter
05-18-2010, 06:21 PM
Patients aren't allowed to legally sell mmj, just mmc's, edibles manufacturers and primary caregivers.

Additionally, you can't sell it for any more than it costs you to grow it, but you can charge for caregiving services.

COzigzag
05-18-2010, 06:46 PM
Patients aren't allowed to legally sell mmj, just mmc's, edibles manufacturers and primary caregivers..

I'm sure you have seen this paragraph in the new bill, page59. How do you interpret this paragraph? Also, I think it's odd that a Center cannot sell MMJ if they do not have an optional premises cultivation license. From this paragraph, a Center has to buy 2 licenses (a center license and an optional premises license).

(c) ONLY A MEDICAL MARIJUANA CENTER WITH AN OPTIONAL
18 PREMISES CULTIVATION LICENSE, A MEDICAL MARIJUANA-INFUSED
19 PRODUCTS MANUFACTURING OPERATION WITH AN OPTIONAL PREMISES
20 CULTIVATION LICENSE, OR A PRIMARY CAREGIVER FOR HIS OR HER
21 PATIENTS OR A PATIENT FOR HIMSELF OR HERSELF MAY CULTIVATE OR
22 PROVIDE MARIJUANA AND ONLY FOR MEDICAL USE.


Additionally, you can't sell it for any more than it costs you to grow it, but you can charge for caregiving services.

That's correct! But this "cost" is going to vary depending on a lot of circumstances.

TheReleafCenter
05-18-2010, 07:34 PM
I think the key parts of that section are the him/herself and the word cultivate. You can grow for YOURSELF but you can't distribute it.

throatstick
05-18-2010, 07:37 PM
I'm sure you have seen this paragraph in the new bill, page59. How do you interpret this paragraph? Also, I think it's odd that a Center cannot sell MMJ if they do not have an optional premises cultivation license. From this paragraph, a Center has to buy 2 licenses (a center license and an optional premises license).

(c) ONLY A MEDICAL MARIJUANA CENTER WITH AN OPTIONAL
18 PREMISES CULTIVATION LICENSE, A MEDICAL MARIJUANA-INFUSED
19 PRODUCTS MANUFACTURING OPERATION WITH AN OPTIONAL PREMISES
20 CULTIVATION LICENSE, OR A PRIMARY CAREGIVER FOR HIS OR HER
21 PATIENTS OR A PATIENT FOR HIMSELF OR HERSELF MAY CULTIVATE OR
22 PROVIDE MARIJUANA AND ONLY FOR MEDICAL USE.



That's correct! But this "cost" is going to vary depending on a lot of circumstances.

OR A PATIENT FOR HIMSELF OR HERSELF MAY CULTIVATE OR
22 PROVIDE MARIJUANA AND ONLY FOR MEDICAL USE.

this part here the provide part.may cultivate OR provide mj for mmj use.could this be the loophole we could use?

COzigzag
05-18-2010, 07:52 PM
OR A PATIENT FOR HIMSELF OR HERSELF MAY CULTIVATE OR
22 PROVIDE MARIJUANA AND ONLY FOR MEDICAL USE.

this part here the provide part.may cultivate OR provide mj for mmj use.could this be the loophole we could use?

That's the point I'm trying to make.

Thank you for getting it. I thought I wasn't making myself clear.

:thumbsup:

TheReleafCenter
05-18-2010, 08:42 PM
That may be mitigated by this:

(2) IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE
14 AWAY, OR ACQUIRE MEDICAL MARIJUANA EXCEPT AS ALLOWED PURSUANT
15 TO THIS ARTICLE.

I think there is a big difference between "provide" and "sell" in legal terms. The bill specifically talks about selling medical marijuana multiple times.

TurboALLWD
05-18-2010, 08:59 PM
That may be mitigated by this:

(2) IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE
14 AWAY, OR ACQUIRE MEDICAL MARIJUANA EXCEPT AS ALLOWED PURSUANT
15 TO THIS ARTICLE.

I think there is a big difference between "provide" and "sell" in legal terms. The bill specifically talks about selling medical marijuana multiple times.

Their going to have one hell of a time policing one hundred thousand patients, but who knows maybe they'll try. If i were a patient that couldn't find a good caregiver, I'd hook up with people that do have a good one, and I'd casually meet up with them to get my meds before paying twice as much for a strain claimed to have high cbd but no PROOF. :cool:

TheReleafCenter
05-18-2010, 09:39 PM
At that point, why not just buy off the black market? I don't see much of a distinction.

canaguy27
05-18-2010, 09:44 PM
At that point, why not just buy off the black market? I don't see much of a distinction.

That is what is going to happen. I know quite a few that have gone back underground.

COzigzag
05-18-2010, 10:41 PM
That may be mitigated by this:

(2) IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE
14 AWAY, OR ACQUIRE MEDICAL MARIJUANA EXCEPT AS ALLOWED PURSUANT
15 TO THIS ARTICLE.

I think there is a big difference between "provide" and "sell" in legal terms. The bill specifically talks about selling medical marijuana multiple times.

The paragraph I am referring to is contained in the same article as you are referring to. Your paragraph just reinforces what I am pointing out.

;)

cowgirl1
05-19-2010, 04:29 AM
Farmers market would not work for a cargiver. Once you have 5 patients you cannot sell to anyone else. Not even the dispencaries, other caregivers etc...

TheReleafCenter
05-19-2010, 06:01 PM
The paragraph I am referring to is contained in the same article as you are referring to. Your paragraph just reinforces what I am pointing out.

;)

Like I said, I think they make the distinction of who can SELL mmj very clearly throughout the bill. If you're a caregiver, you can't just jump between being a caregiver and a patient when it legally suits you. It seems like very shaky legal ground at best. Anyway, that's my two cents. :thumbsup:

FlyinPolynesian
05-19-2010, 10:21 PM
Yeah but you can't sit roadside like a Farmer's Market and sell MMJ. Unless I have the Michigan Farmer's Markets in mind.

j

They just need to do this in Englewood.

denverbear
05-19-2010, 10:25 PM
what I want to know is why are there not any farmers markets up in the North end of town (ie. thornton/westminster area....I guess up north we don't eat food just smoke....lol

rightwinger
05-19-2010, 11:26 PM
I thought it said caregivers can only sell to their 5 patients and only at cost? You can charge for other services though.


This is what is laughable about this bill. The state wants to earn money in tax revenue--they give no limits on the amount a dispensory can make--but then tries to limit caregivers to 5 patients (with no language in Admendment 20 to do that--and that clause has already been overthrown in court.) Then to add insult to injury that caregiver has to basically do it for free--LOL.

Unbelieveable--over-reaching of the law.

throatstick
05-19-2010, 11:35 PM
This is what is laughable about this bill. The state wants to earn money in tax revenue--they give no limits on the amount a dispensory can make--but then tries to limit caregivers to 5 patients (with no language in Admendment 20 to do that--and that clause has already been overthrown in court.) Then to add insult to injury that caregiver has to basically do it for free--LOL.

Unbelieveable--over-reaching of the law.

i agree