patients selling extra meds to patients

[valstar]

I have read tons of threads on this subject. I am even more confused after reading these threads on various sites. Some people say no you cant its illegal now and some say yes its okay. Then someone mentions some thing off topic and the thread gets high jacked with useless info pertaining to the original question.

So is it illegal to sell your overage meds that you grow to another patient.


Thanks

New Patient Grower

[SoCoMMJ]

So is it illegal to sell your overage meds that you grow to another patient.


I'm pretty sure it is illegal, but maybe somebody can twist this to mean that they can...

PART 9
UNLAWFUL ACTS - ENFORCEMENT
12-43.3-901.(2) IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE AWAY, OR ACQUIRE MEDICAL MARIJUANA EXCEPT AS ALLOWED PURSUANT
TO THIS ARTICLE.

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

[mustangwomyn]

I'm pretty sure it is illegal, but maybe somebody can twist this to mean that they can...



Still plenty of peeps on CL offering to sell their extra, I never buy from them but sure is some intresting reading. I am just waiting for these clowns to get a visit from leo.

[copobo]

I wonder if small caregivers will be signing people up as temp caregivers much like many dispensaries have done? Is there a reason we couldn't be doing it this way? Maybe by keeping 4 temp patients and keeping one slot open for temporary patients?

There should have been a legal avenue for caregivers to do this. they are FORCING a black market.

I don't know if I should keep cutting down on wattage or if I should concentrate on making more hash+extracts to keep the weight legal..

[cologrower420]

Still plenty of peeps on CL offering to sell their extra, I never buy from them but sure is some intresting reading. I am just waiting for these clowns to get a visit from leo.

The doctor that was arrested in Aurora, was busted by two undercovers who got cards without proper medical evals. With 1284, I bet we'll see an increase in violations, and I assume the most common excuse is 'I didn't know'.

ignorance of the law is no excuse etc etc.

Although, people on this site seem to be excited about California's prop 19. Hope they can put the bong down long enough to vote.

Opposition to pot measure gains slightly in poll - latimes.com (http://www.latimes.com/news/local/la-me-0710-pot-poll-20100710,0,904666.story)

[copobo]

should the State should come up with penalties for breaking the mmj rules, or for being out of compliance, rather than falling back to old drug laws and their consequences?

[michaelnights]

According to the Constitution, a patient can claim an affirmative defense to purchase mmj from any source, even the black market, as long as they have a doctor's recommendation.

ALSO in the Constitution

2) (b) Effective June 1, 2001, it shall be an exception from the state's criminal laws for any patient or primary care-giver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana, except as otherwise provided in subsections (5) and (8) of this section.

Sec. 5., details the 2 oz and 6 plants limits, can't sell to anyone under 18, etc.

Sec. 8., details the prohibitions against fraud, i.e.; registration cards must be genuine.

While HB10-1284 modified and limited the role of a caregiver's ability to "assist in the medical use" (which clause might well be tested in the courts) it did not specifically limit patients rights in this area.

Don't take my word on it. I am not a lawyer and don't even play one on TV.

[cologrower420]

Doesn't the law only allow this to be used as an affirmative defense if charged with a crime, presumably drug related?

I bet people on here with knowledge of the legislation get so mad when we have off-the-cuff discussions on stuff that's easily found on the google. It's amusing. Obviously I don't know much on the language in A20 or 1284.

[copobo]

unfortunately, even if you know A20 and HB1284, there is so much that is unclear and conflicting between the two, you have to guess. even the lawyers are guessing.

what a kludge.

[Zedleppelin]

should the State should come up with penalties for breaking the mmj rules, or for being out of compliance, rather than falling back to old drug laws and their consequences?

I do believe 1284 adds more criminal penalties. It states that a violation of 1284 is a misdemeanor plus current statutes.

[SoCoMMJ]

According to the Constitution, a patient can claim an affirmative defense to purchase mmj from any source, even the black market, as long as they have a doctor's recommendation.


Correct, a patient can buy from anywhere they want.

However the question was if a patient can SELL. Patients can only grow for themselves.

[valstar]

Correct, a patient can buy from anywhere they want.

However the question was if a patient can SELL. Patients can only grow for themselves.


I guess that answers my question.

Now what can i do with my extras legally other than flush them down the toilet. Assuming i have 2 ounces of usable material on hand already. Does Hash or canna butter count towards the 2 ounce limit?

[SoCoMMJ]

I guess that answers my question.

Now what can i do with my extras legally other than flush them down the toilet. Assuming i have 2 ounces of usable material on hand already. Does Hash or canna butter count towards the 2 ounce limit?

While concentrates are not addressed in HB10-1284 this statement from ARTICLE XVIII - Section 14 is often interpreted as meaning that holding 2 ounces of bubble hash is the same as holding 2 ounces of buds.
"
(i) "Usable form of marijuana" means the seeds, leaves, buds, and flowers of the plant (genus) cannabis, and any mixture or preparation thereof, which are appropriate for medical use as provided in this section, but excludes the plant's stalks, stems, and roots.
"

Buy bubble bags then make and save the concentrates ? Make the leftovers into Simpson oil ? Don't overgrow ? [I think that was their intent]


Guess what? The above comments are not legal advice. Just random information gleaned from the internets which may or may not be worth a hill of beans :)

[canniwhatsis]

While concentrates are not addressed in HB10-1284 this statement from ARTICLE XVIII - Section 14 is often interpreted as meaning that holding 2 ounces of bubble hash is the same as holding 2 ounces of buds.
"
(i) "Usable form of marijuana" means the seeds, leaves, buds, and flowers of the plant (genus) cannabis, and any mixture or preparation thereof, which are appropriate for medical use as provided in this section, but excludes the plant's stalks, stems, and roots.
"

Buy bubble bags then make and save the concentrates ? Make the leftovers into Simpson oil ? Don't overgrow ? [I think that was their intent]


Guess what? The above comments are not legal advice. Just random information gleaned from the internets which may or may not be worth a hill of beans :)


+1 That's my understanding too,... However IF the cops drop on you, in all reality they're gonna chop your ready to harvest plant and weigh it (Stalks, stems, and otherwise unusable fan leaves) in spite of the fact that "Stalks and stems" don't count against the weight, and it's not a "Usable form" since it's not been dried and cured properly to create usable meds.


Also, theyre gonna consider your veging plants against the overall weight because "Leaves" are considered "usable" :wtf: And again, I'll bet they chop the whole plant "Stalks/stems" and weigh it to get their numbers.



I'm not a lawyer, nor do I play one on TV, This post should be interpreted for what it is, a statement made on an internet forum at 2:00am by someone who's most likely had too much to drink! :glugglug:

[cologrower420]

+1 That's my understanding too,... However IF the cops drop on you, in all reality they're gonna chop your ready to harvest plant and weigh it (Stalks, stems, and otherwise unusable fan leaves) in spite of the fact that "Stalks and stems" don't count against the weight, and it's not a "Usable form" since it's not been dried and cured properly to create usable meds.


Also, theyre gonna consider your veging plants against the overall weight because "Leaves" are considered "usable" :wtf: And again, I'll bet they chop the whole plant "Stalks/stems" and weigh it to get their numbers.



I'm not a lawyer, nor do I play one on TV, This post should be interpreted for what it is, a statement made on an internet forum at 2:00am by someone who's most likely had too much to drink! :glugglug:
Everything you post seems to go against A20 that says you can legally grow 3 plants in veg and 3 in flower, right?

I guess your post addresses illegal large scale grows of more than six plants, but I'm not sure.

[milehighkt]

+1


I'm not a lawyer, nor do I play one on TV, This post should be interpreted for what it is, a statement made on an internet forum at 2:00am by someone who's most likely had too much to drink! :glugglug:

LOL!! :thumbsup:

[goshox78]

wow & I thought I was confused before. I thought you could legally grow 5 plants for each person that you are a "caregiver" for? I took this to mean you grow the plants & sell them the buds...is this not correct?

[SprngsCaregiver]

wow & I thought I was confused before. I thought you could legally grow 5 plants for each person that you are a "caregiver" for? I took this to mean you grow the plants & sell them the buds...is this not correct?

Well... You can grow 6 plants for each patient. Only 3 of those plants can be flowering. You can sell these plants to your patients for no more than it cost you to produce them, but you can charge for caregiver services to make up the difference. Oh.. almost forgot.. even though you can flower up to 3 plants per patient you can only end up with 2 ounces for each patient.?!

Don't forget you can only legally sell to your 5 patients.

It's a crock, but it is what it is... Until it goes to court :jointsmile:

[blackhash]

There was never a provision in amendment 20 for the dispensary model, yet it existed outside the law and no one did a thing.

Same thing will happen with patient-to-patient sales. Who will come? who is watching...especially now? There are so many big fish to fry these days that the small guy selling a few bags here/there will have nothing to worry about.

we are ALL illegal....technically. Just do what you do/have done and be safe at it. I for one REFUSE to let the politicians and lobbyists on the dispnsary side of this equation take away my RIGHTS. Amendment 20 (Constitution) can only be altered/changed by the voters. I didn't vote to change anything, did you?

Game on.

blackhash

[MEDEDCANNABIS]

a lawyer worth his salt can make a killing in this field, wish i was one. an online website like mmjlawyer.com with a $20 a month retainer fee, ask a ? get an answer. when an arrest is made you get a discounted referral to a specialized lawyer. damn im good:thumbsup: well in about a month this will happen because im broke bizzatch and couldnt possibly start something like this on 300 a week (good times) no benefits of anykind of course no vacation EVER. fuckin whores our country should be called selloutville...traitors.

meded is a hell of a drug