View Full Version : Patients Helping Patients
Dorje113
05-28-2010, 03:06 PM
So, I can't find anywhere in the bill that a patient can't sell 2 oz or less to another patient regardless of whether they have a primary caregiver or not. This would mean that there will be a legal way to sell your extras if you are a caregiver AND a patient, you just can't peddle to the dispensaries or sell more than 2 oz at a time, UNLESS the recipient had a dr's note for high plant count / finished product. Seems like a pretty big loophole or am I imagining things???
Wouldn't this also allow for a "farmers market" type sale, regardless of the clause that 2 or more caregivers can't collaborate to grow. This is selling, not growing.
Just hoping to find a ray of sunshine for the caregiver / patient... :rastasmoke:
angiee
05-28-2010, 03:12 PM
So, I can't find anywhere in the bill that a patient can't sell 2 oz or less to another patient regardless of whether they have a primary caregiver or not. This would mean that there will be a legal way to sell your extras if you are a caregiver AND a patient, you just can't peddle to the dispensaries or sell more than 2 oz at a time, UNLESS the recipient had a dr's note for high plant count / finished product. Seems like a pretty big loophole or am I imagining things???
Wouldn't this also allow for a "farmers market" type sale, regardless of the clause that 2 or more caregivers can't collaborate to grow. This is selling, not growing.
Just hoping to find a ray of sunshine for the caregiver / patient... :rastasmoke:
I think farmer steve suggested that too, I think it's a great idea. There's a guy down here who owns some land. I was thinking of talking to him about something like this.
If anyone happens to start one, let me know i'll be first t sign up or help out.
Dorje113
05-28-2010, 03:46 PM
I think farmer steve suggested that too, I think it's a great idea. There's a guy down here who owns some land. I was thinking of talking to him about something like this.
If anyone happens to start one, let me know i'll be first t sign up or help out.
Yup, it's been talked about (everywhere), but I'm not sure if anyone knows for sure if this is going to work out.
If it does, everyone can relax just a little bit. :jointsmile:
Also, how about having a caregiver get all their patients edible notations? The new bill recognizes this, and could allow a caregiver to supply each of his patients with much more than 2 oz at a time. If all of us got edible notations, it could make it a lot easier for caregivers to be able to keep on growing... I know it's not prefect, but it's easy to prove that making edibles and tinctures can use up a lot of weed, and who's going to accuse your doctor of lying and conspiracy in court?
TheReleafCenter
05-28-2010, 06:27 PM
I think the problem with this is that you're still a patient AND primary caregiver. You can't take off the latter hat when it suits you to be the former. This is a gray area, though.
angiee
05-28-2010, 07:15 PM
I think the problem with this is that you're still a patient AND primary caregiver. You can't take off the latter hat when it suits you to be the former. This is a gray area, though.
Ok I'm confused; why can't you be a patient and caregiver in this situation?
copobo
05-28-2010, 08:01 PM
if you are a caregiver.... it is specifically spelled out in 1284 that you may only sell to your patients.
I wonder what would stop 10 or 20 or 100 patients from getting together at one location to grow? If we stripped ourselves of all of our patients, and were no longer caregivers... is there anything stopping cooperative growing then?
angiee
05-28-2010, 08:11 PM
if you are a caregiver.... it is specifically spelled out in 1284 that you may only sell to your patients.
I wonder what would stop 10 or 20 or 100 patients from getting together at one location to grow? If we stripped ourselves of all of our patients, and were no longer caregivers... is there anything stopping cooperative growing then?
So when I go into a dispensary now they become my temporary caregiver, right?
If that is correct, why couldn't that work for us as well?
As patients can we grow our own? They told me I couldn't but they may have just been trying to get me to buy their stuff.
Adamkadmon
05-28-2010, 08:17 PM
So when I go into a dispensary now they become my temporary caregiver, right?
If that is correct, why couldn't that work for us as well?
As patients can we grow our own? They told me I couldn't but they may have just been trying to get me to buy their stuff.
Plant counts were always allowed to be split between caregiver and patient..get a new caregiver if they are telling you things like that.
copobo
05-28-2010, 08:28 PM
As patients can we grow our own? They told me I couldn't but they may have just been trying to get me to buy their stuff.
what dispensary told you that?
that is so wrong.
angiee
05-28-2010, 08:45 PM
Organic Solutions, I didn't put them on as my caregiver. They were too darn mean.
TheReleafCenter
05-28-2010, 08:48 PM
Nevermind. You should still be able to grow if they aren't your caregiver.
angiee
05-28-2010, 09:27 PM
Nevermind. You should still be able to grow if they aren't your caregiver.
I think I confused you guys, I confused myself. :) I didn't know we weren't going to be able to sell our extra meds to dispensaries anymore. How crappy!
throatstick
05-28-2010, 09:48 PM
yea i asked this same ?? awhile back and the answer i got was in adm 20 it states patients cannot sell to other patients...thats what i was told on here when i asked.cause i was saying a way around this would be sell to your patients then they could buy enough for their patient friends.thats when i was told you can't even do that now so that idea was shot to shit....unless the info was wrong??
TheReleafCenter
05-28-2010, 10:24 PM
yea i asked this same ?? awhile back and the answer i got was in adm 20 it states patients cannot sell to other patients...thats what i was told on here when i asked.cause i was saying a way around this would be sell to your patients then they could buy enough for their patient friends.thats when i was told you can't even do that now so that idea was shot to shit....unless the info was wrong??
I believe this is the section of the amendment they were referring to:
"The primary care-giver controls the acquisition of such marijuana and the dosage and frequency of its use by the patient."
Other than that, A20 really doesn't address how distribution of MMJ works, one of the major reasons so many dispensaries opened.
throatstick
05-28-2010, 11:03 PM
I believe this is the section of the amendment they were referring to:
"The primary care-giver controls the acquisition of such marijuana and the dosage and frequency of its use by the patient."
Other than that, A20 really doesn't address how distribution of MMJ works, one of the major reasons so many dispensaries opened.
i'll see if i can find it but i did ask this very ?? in another thread and someone said in admend 20 it says no patient to patient dealings? if thats not the case then my plan i had would work.but like everything in the mmj realm of things it's all so vauge.
copobo
05-28-2010, 11:24 PM
amendment 20 sez no such thing. amendment 20 is now 0-4-287 - ARTICLE XVIII Section 14 of the Colorado Constitution. We need to remember this fucker passed and is supreme. I'm pretty sure this is the only mention in the Amendment:
(d) Notwithstanding the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use.
so, with this mention, it is interpreted that all of the above ARE allowed for medical use.. there is really no difference between a patient and the caregiver as far as sales go, according to the Constitution.
Of course we are legislating changes to the Constitution now, so anything goes (away) I guess.
Dorje113
05-29-2010, 12:48 AM
I could see if you're a caregiver that there's a grey area, as you may or may not actually be a patient. But if you aren't a caregiver, just say you have 12 plants and an edible notation... what's stopping you from selling your excess to other patients? In this case, you def. aren't a caregiver. And as the other poster said, you could use the same forms dispensaries use to establish yourself as a temporary caregiver...
I've read thru a lot of the new bill and am. 20, I can't see where this would be a problem? (of course I'm no lawyer) If they're going to crack down on caregivers so much, why do it officially at all?
copobo
05-29-2010, 01:38 AM
very good point. We would be better off with an edible notation for 30 plants, my wife with the same than we would if either of us were caregivers.
we could actually make someone, not now legal at all, our caregivers... then they wouldn't need to go through the expensive new doctor hassle. (I don't think they've signed sb109 yet either.)
then, if we're reading this right, we could still sell to the folks who were patients, we would not be bound to sell for 'cost' nor would other caregiving services ever become an issue..
this bill really screws patients who were being cared for for free. though I believe they also made it illegal for Docs to give patients discounts for mmj referrals. so obviously patients were never a concern..
Dorje113
05-29-2010, 01:58 AM
Or how about this?
A club for patients only. If members have extra meds, they can bring them to the club and have them made available to other club members. The rules to enter the club could be about the same as they do it in Utah for "drinking clubs". It could be a non-profit run by club members so that the portion the club receives only goes to rent and wages.
Or maybe I over-medicated... club. club club. :smokin:
canaguy27
05-29-2010, 04:31 AM
Or how about this?
A club for patients only. If members have extra meds, they can bring them to the club and have them made available to other club members. The rules to enter the club could be about the same as they do it in Utah for "drinking clubs". It could be a non-profit run by club members so that the portion the club receives only goes to rent and wages.
Or maybe I over-medicated... club. club club. :smokin:
Just call it a speak easy :rastasmoke: I have seen people run coops like that out west.
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