View Full Version : contacting co-ops with overage?
G13budsmoker
08-04-2010, 05:47 PM
well ill probly get in trouble for asking this one but here goes. im no lawyer so i dont know all the legalities, but is it possible to contact co-ops regaurds to them needing/recieving product? i have enough saved for me that i dont need all of what i got, and i would like to see other patients happy too. i know people are upset about the prices they "donate" for there meds, so i just want to actualy "help" other patients out by donating meds to a co-op for cheaper then norm so that in turn other patients will be able to "donate" less for there medicine and be much happier. if someone with experience could point me in the right direction or give me advice, or a # and a name i could contact that would be awesome. sorry if i broke a board rule-did i???
smoke on my friends, smoke on.
G13Budsmoker:rastasmoke::jointsmile:
jamessr
08-04-2010, 06:25 PM
well ill probly get in trouble for asking this one but here goes. im no lawyer so i dont know all the legalities, but is it possible to contact co-ops regaurds to them needing/recieving product? i have enough saved for me that i dont need all of what i got, and i would like to see other patients happy too. i know people are upset about the prices they "donate" for there meds, so i just want to actualy "help" other patients out by donating meds to a co-op for cheaper then norm so that in turn other patients will be able to "donate" less for there medicine and be much happier. if someone with experience could point me in the right direction or give me advice, or a # and a name i could contact that would be awesome. sorry if i broke a board rule-did i???
smoke on my friends, smoke on.
G13Budsmoker:rastasmoke::jointsmile:
Seattle is the place...goggle it.
justpics
08-04-2010, 10:26 PM
there are lots of dispensaries in WA. AFAIK there is not a part of 69.51A that says provider's are not allowed to charge.
Law Enforcement loves to perpetuate the myth that providing for a price is not authorized in RCW69.51A, however, if you actually read the law, the only restrictions on designated providers are that they, not use the medicine they are providing to their patient, be at least 18 years of age, be designated in writing by the patient, and not service more than 1 patient at the same time.
Nothing about restricting that 'designated providers', "remain uncompensated"...nothing at all.
Next time someone tells you that WA's law doesn't allow for compensated providers, ask them which sentence they believe precludes it.
That said, the only prosecutor that seems to actually want to follow the law is in King County, so if I were you, I'd start there. Like James said, Seattle is almost certainly your best bet.
and if anyone asks you to tell them what part of the law allows one to distribute marijuana to patients..." (2) "Medical use of marijuana" means the production, possession, or administration of marijuana, as defined in RCW 69.50.101(q), for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating illness."
ad·min·is·tra·tion (d-mn-strshn)
n.
6. The dispensing, applying, or tendering of something, such as an oath, a sacrament, or medicine
dis·pense
/dɪˈspɛns/ Show Spelled [dih-spens] Show IPA verb, -pensed, -pens·ing, noun
??verb (used with object)
1.
to deal out; distribute
3.
Pharmacology . to make up and distribute (medicine), esp. on prescription.
dispensing is fully authorized under the law. I mean, unless you don't use dictionary definitions of words...
gypski
08-05-2010, 01:41 AM
there are lots of dispensaries in WA. AFAIK there is not a part of 69.51A that says provider's are not allowed to charge.
Law Enforcement loves to perpetuate the myth that providing for a price is not authorized in RCW69.51A, however, if you actually read the law, the only restrictions on designated providers are that they, not use the medicine they are providing to their patient, be at least 18 years of age, be designated in writing by the patient, and not service more than 1 patient at the same time.
Nothing about restricting that 'designated providers', "remain uncompensated"...nothing at all.
Next time someone tells you that WA's law doesn't allow for compensated providers, ask them which sentence they believe precludes it.
That said, the only prosecutor that seems to actually want to follow the law is in King County, so if I were you, I'd start there. Like James said, Seattle is almost certainly your best bet.
and if anyone asks you to tell them what part of the law allows one to distribute marijuana to patients..." (2) "Medical use of marijuana" means the production, possession, or administration of marijuana, as defined in RCW 69.50.101(q), for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating illness."
ad·min·is·tra·tion (d-mn-strshn)
n.
6. The dispensing, applying, or tendering of something, such as an oath, a sacrament, or medicine
dis·pense
/dɪˈspɛns/ Show Spelled [dih-spens] Show IPA verb, -pensed, -pens·ing, noun
??verb (used with object)
1.
to deal out; distribute
3.
Pharmacology . to make up and distribute (medicine), esp. on prescription.
dispensing is fully authorized under the law. I mean, unless you don't use dictionary definitions of words...
Some LEOs don't know what a dictionary is, or a Thesaurus for that matter so they can find and understand the meaning on their level!!! :S2:
G13budsmoker
08-05-2010, 06:04 AM
hey thanks guys, i already new i was gona have to make a trip to seattle:jointsmile:. what i want to know is peoples feedback on certain places. ive never even been into a co-op or dispenciery in this state before so i dont know which places have friendly, easy going, laid back people. i want to know that im actualy helping other patients so i want to know that im gona meet their real faces, and not just some nice act to reel ya in.
and if anyone asks you to tell them what part of the law allows one to distribute marijuana to patients..." (2) "Medical use of marijuana" means the production, possession, or administration of marijuana, as defined in RCW 69.50.101(q), for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating illness."
ad·min·is·tra·tion (d-mn-strshn)
n.
6. The dispensing, applying, or tendering of something, such as an oath, a sacrament, or medicine
dis·pense
/dɪˈspɛns/ Show Spelled [dih-spens] Show IPA verb, -pensed, -pens·ing, noun
??verb (used with object)
1.
to deal out; distribute
3.
Pharmacology . to make up and distribute (medicine), esp. on prescription.
taking the day off of work to go to court: 100 dollars.lawyer fees: 1000's of dollars. seeing the cops face when he finds out what the underlining meaning of administration is: PRICELESS:jointsmile: for everything else in life, there's marijuana:D
jamessr
08-05-2010, 06:12 AM
hey thanks guys, i already new i was gona have to make a trip to seattle:jointsmile:. what i want to know is peoples feedback on certain places. ive never even been into a co-op or dispenciery in this state before so i dont know which places have friendly, easy going, laid back people. i want to know that im actualy helping other patients so i want to know that im gona meet their real faces, and not just some nice act to reel ya in.
taking the day off of work to go to court: 100 dollars.lawyer fees: 1000's of dollars. seeing the cops face when he finds out what the underlining meaning of administration is: PRICELESS:jointsmile: for everything else in life, there's marijuana:D
Start here: Seattle Green Cross - Seattle Medical Marijuana (http://seattlegreencross.org/)
Goodluck.
G13budsmoker
08-05-2010, 06:16 AM
does anyone have experience they can share with Green Budah Patient Network or the Green Door? or North End Club 420, Tacoma Cross, CannaPath, or Tacoma Hemp Company? i want to know that im actualy helping other patients so i want to know that im gona meet their real faces, and not just some nice act they are putting on to make there money. these are the places that are closest for me so let me know what you guys have to say about them and which ones seem to be the most honest and worthy
G13budsmoker
08-05-2010, 06:17 AM
Start here: Seattle Green Cross - Seattle Medical Marijuana (http://seattlegreencross.org/)
Goodluck.
thanks, ill def look into it
jamessr
08-05-2010, 06:18 AM
there are lots of dispensaries in WA. AFAIK there is not a part of 69.51A that says provider's are not allowed to charge.
Law Enforcement loves to perpetuate the myth that providing for a price is not authorized in RCW69.51A, however, if you actually read the law, the only restrictions on designated providers are that they, not use the medicine they are providing to their patient, be at least 18 years of age, be designated in writing by the patient, and not service more than 1 patient at the same time.
Nothing about restricting that 'designated providers', "remain uncompensated"...nothing at all.
Next time someone tells you that WA's law doesn't allow for compensated providers, ask them which sentence they believe precludes it.
That said, the only prosecutor that seems to actually want to follow the law is in King County, so if I were you, I'd start there. Like James said, Seattle is almost certainly your best bet.
and if anyone asks you to tell them what part of the law allows one to distribute marijuana to patients..." (2) "Medical use of marijuana" means the production, possession, or administration of marijuana, as defined in RCW 69.50.101(q), for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating illness."
ad·min·is·tra·tion (d-mn-strshn)
n.
6. The dispensing, applying, or tendering of something, such as an oath, a sacrament, or medicine
dis·pense
/dɪˈspɛns/ Show Spelled [dih-spens] Show IPA verb, -pensed, -pens·ing, noun
??verb (used with object)
1.
to deal out; distribute
3.
Pharmacology . to make up and distribute (medicine), esp. on prescription.
dispensing is fully authorized under the law. I mean, unless you don't use dictionary definitions of words...
Now who is playing lawyer now? ralmao..
Nice info. there justpics...thank you..now let's get this shiznit rolling...we need mmj dispensaries not run for profit or selling for more than the costs...and we all know the costs generally speaking...don't we?:D
jamessr
08-05-2010, 06:25 AM
does anyone have experience they can share with Green Budah Patient Network or the Green Door? or North End Club 420, Tacoma Cross, CannaPath, or Tacoma Hemp Company? i want to know that im actualy helping other patients so i want to know that im gona meet their real faces, and not just some nice act they are putting on to make there money. these are the places that are closest for me so let me know what you guys have to say about them and which ones seem to be the most honest and worthy
Green Budah Patient Network...sounds scary to me..research first.
the Green Door...?? unknown.
CLOSED: North End Club 420, Tacoma Hemp Company..AND TACOMA HAS NO TOLERANCE POLICY. SO MOST ALL WILL BE CLOSING SOON.
CannaPath/tacoma?...unknown as to if they are a dispensary or not...seems they help in any way they can from their website...only one way to find out..right?
Most of the time the only way to meet face to face is being a "provider" for a patient..sign one up and be a more help personally...as you say.:thumbsup:
That's the real way to do it...if you ask me. Safer...
G13budsmoker
08-05-2010, 06:51 AM
becoming a "provider" still alows you to grow your own 15, along with there's too right? or is there a new set of rules to play by?
justpics
08-05-2010, 07:03 AM
becoming a "provider" still alows you to grow your own 15, along with there's too right? or is there a new set of rules to play by?
nothing in the law restricts your personal supply when providing for someone else.
though in combination with the patient for whom you are providing you may only have 1 60 day supply representing that patient's medicine. If that patient was in possession of 15 plants you could not grow any plants for them (unless they overcome the presumption of the WAC). Likewise if they had 24 ounces of usable marijuana, you could not possess anything on their behalf without being over the presumption of a 60 days supply.
killerweed420
08-05-2010, 05:27 PM
If you're interested in recouping some of your expenses then going to a dispensary would be a good idea. But if you actually want to help someone out with some meds you're probably better off trying to network to find someone who can't afford the dispensary prices and give some to them. The dispensaries will just mark it up to normal prices and make some extra money on it.
gypski
08-05-2010, 05:46 PM
If you're interested in recouping some of your expenses then going to a dispensary would be a good idea. But if you actually want to help someone out with some meds you're probably better off trying to network to find someone who can't afford the dispensary prices and give some to them. The dispensaries will just mark it up to normal prices and make some extra money on it.
The average mark-up from one dispensary I used for a few years was about 30%. And the top price was always $10 a gram regardless of the strain. Got some bubblegum and blueberry for that price and it was excellent. Matter of fact, got a couple of seeds from it too! And they are a bonifide non-profit. :thumbsup:
G13budsmoker
08-05-2010, 06:10 PM
well i dont think i want to be a provider merely because i live a ways away from any real cities and traveling often is not an option right now. i would like to help other patients out that cant aford high prices that some may charge. nothing in this world is free, so as much as i would like to "give" some meds away to someone who needs it, i wouldnt know if you were truthfull or not and just wanting free weed, get what im saying? i would however give it to another patient for a redicuously low donation. this is why i figured i would contact a co-op or dispenciery because im not a provider, just a patient with a lil more then he needs right now to enjoy and figure why not share the wealth. i figure if i can get a small "donation" from a co-op they wouldnt need to mark it up so high for everyone else, if they are truely non-profit...otherwise why would i want to give my stuff away for someone else to get rich off of my efforts when im a poor broke ass as it is who needs a job.
jamessr
08-05-2010, 08:53 PM
well i dont think i want to be a provider merely because i live a ways away from any real cities and traveling often is not an option right now. i would like to help other patients out that cant aford high prices that some may charge. nothing in this world is free, so as much as i would like to "give" some meds away to someone who needs it, i wouldnt know if you were truthfull or not and just wanting free weed, get what im saying? i would however give it to another patient for a redicuously low donation. this is why i figured i would contact a co-op or dispenciery because im not a provider, just a patient with a lil more then he needs right now to enjoy and figure why not share the wealth. i figure if i can get a small "donation" from a co-op they wouldnt need to mark it up so high for everyone else, if they are truely non-profit...otherwise why would i want to give my stuff away for someone else to get rich off of my efforts when im a poor broke ass as it is who needs a job.
[email protected] me and we can talk further about who is who in the harbor.
jamessr
08-05-2010, 09:02 PM
The average mark-up from one dispensary I used for a few years was about 30%. And the top price was always $10 a gram regardless of the strain. Got some bubblegum and blueberry for that price and it was excellent. Matter of fact, got a couple of seeds from it too! And they are a bonifide non-profit. :thumbsup:
This "mark-up" is leo's main issue on a "state" policing powers level, which N-P is generally a 501 (c) 3 non-profit is under federal tax guidelines....so they get their panties in a bunch with the mark-up on the "product" because they pay the 30% less which is the crux of their "profit" making claims...regardless of the non-profit structure of over-head is figured into the accounting to justify the 30%...
killerweed420
08-06-2010, 02:03 AM
Yeah there is no such thing as a nonprofit. There's people being paid and in a lot of cases big money. An example. My mom ran the local foodbank for 15 years, never took a penny. The guy that runs the foodbank in the neighboring city draws a $64,000 a year salary. Do your research before you ever give a nonprofit a penny.
justpics
08-06-2010, 03:36 AM
ya, nonprofit just means the reason for incorporating was not to generate a profit for the shareholders and/or principles in the corporation. Instead they name a reason for incorporating in the articles of incorporation.
But that doesn't mean that the people who work there are not getting paid, or that they NP isn't paying for lots of stuff with legit business expenses.
501C is a tax exempt non profit, not familiar with any dispensaries in WA that are in that category.
jamessr
08-06-2010, 04:42 AM
ya, nonprofit just means the reason for incorporating was not to generate a profit for the shareholders and/or principles in the corporation. Instead they name a reason for incorporating in the articles of incorporation.
But that doesn't mean that the people who work there are not getting paid, or that they NP isn't paying for lots of stuff with legit business expenses.
501C is a tax exempt non profit, not familiar with any dispensaries in WA that are in that category.
My exact point, yet, in leo's mind a non-profit means " nothing on top of what you paid for the [product] PERIOD..." anything above that is under wa. criminal laws, illegal...regardless of the "np" sign flown, state or federal. They know what it cost to manufacture cannabis plants, high range and low...;)
So the crux is what the cost to you is vs. the cost leaving you to someone else...is it = or +, if = your o.k., no profit..if + then criminal violation of the controlled substance act...profit has been gotten...
So the moral is rcw 69.51A et. seq. is just an affirmative defense to criminal charges to be presented to a trier of fact...judge or jury. Regardless of business status.
VapedG13
08-06-2010, 04:46 AM
I just downloaded a application from apple called legalmaps that shows all the dispensaries in all the states that have them:D
For all you with non appple products:D enter your zipcode and youll find all the dispensaries their adresses and phone ##
checkout ?¸ Medical Marijuana Dispensary & Cannabis Club Directory ?¸ (http://legalmarijuanadispensary.com/)
jamessr
08-06-2010, 05:44 AM
I just downloaded a application from apple called legalmaps that shows all the dispensaries in all the states that have them:D
For all you with non appple products:D enter your zipcode and youll find all the dispensaries their adresses and phone ##
checkout ?¸ Medical Marijuana Dispensary & Cannabis Club Directory ?¸ (http://legalmarijuanadispensary.com/)
That is so cool.:cool::thumbsup: Thank you.:pimp:
killerweed420
08-06-2010, 05:30 PM
Nice find:thumbsup:
G13budsmoker
08-06-2010, 05:31 PM
legalmaps that shows all the dispensaries in all the states that have them
funny you put this up, yesterday when i was looking for all the places i listed to know about, thats where i got the names from. cool ass map. i didnt know there was so many around here. but what is the diference between a co-op and a place that is just a delivery only? how does that work? obviously its the dif between being able to walk in and pick up your meds and having someone bring it to you but then isnt that just a patient selling to another patient? i thought this was a no no? how are they legally delivering only?
My exact point, yet, in leo's mind a non-profit means " nothing on top of what you paid for the [product] PERIOD
so does this mean technicaly that your not supposed to charge anymore then what it cost for you grow it? because unless your only doing outdoor and just dont give a shit how your plants turn out or if they even survive, it cost a decent amount to get started. all us indoor growers know that it takes things such as soil, nutes, electricity, containers, and even as far as saying grow tents to grow a plant, and because electricity alone these days is enough to say "hey i need atleast $250 an oz(just using a number) to cover my expenses" it seems like they dont want to look at it that way. seems like they just want to assume that no matter what, your trying to make a profit and seems like no matter how much you argued your point in court you would probly not win in the end just because we all know how fucked the system is.
gypski
08-06-2010, 05:45 PM
funny you put this up, yesterday when i was looking for all the places i listed to know about, thats where i got the names from. cool ass map. i didnt know there was so many around here. but what is the diference between a co-op and a place that is just a delivery only? how does that work? obviously its the dif between being able to walk in and pick up your meds and having someone bring it to you but then isnt that just a patient selling to another patient? i thought this was a no no? how are they legally delivering only?
so does this mean technicaly that your not supposed to charge anymore then what it cost for you grow it? because unless your only doing outdoor and just dont give a shit how your plants turn out or if they even survive, it cost a decent amount to get started. all us indoor growers know that it takes things such as soil, nutes, electricity, containers, and even as far as saying grow tents to grow a plant, and because electricity alone these days is enough to say "hey i need atleast $250 an oz(just using a number) to cover my expenses" it seems like they dont want to look at it that way. seems like they just want to assume that no matter what, your trying to make a profit and seems like no matter how much you argued your point in court you would probly not win in the end just because we all know how fucked the system is.
You do make a point and I agree. Patients need access to medicine. The law irresponsibly didn't create an avenue for this except the ability to grow your own, so the patients took it upon themselves. And NOTHING IS FREE. It cost somebody something, somewhere. I think the local market will set the going price in the long run and it will be a range, not a set number depending on grade and quality. :thumbsup:
jamessr
08-06-2010, 06:25 PM
funny you put this up, yesterday when i was looking for all the places i listed to know about, thats where i got the names from. cool ass map. i didnt know there was so many around here. but what is the diference between a co-op and a place that is just a delivery only? how does that work? obviously its the dif between being able to walk in and pick up your meds and having someone bring it to you but then isnt that just a patient selling to another patient? i thought this was a no no? how are they legally delivering only?
so does this mean technicaly that your not supposed to charge anymore then what it cost for you grow it? because unless your only doing outdoor and just dont give a shit how your plants turn out or if they even survive, it cost a decent amount to get started. all us indoor growers know that it takes things such as soil, nutes, electricity, containers, and even as far as saying grow tents to grow a plant, and because electricity alone these days is enough to say "hey i need atleast $250 an oz(just using a number) to cover my expenses" it seems like they dont want to look at it that way. seems like they just want to assume that no matter what, your trying to make a profit and seems like no matter how much you argued your point in court you would probly not win in the end just because we all know how fucked the system is.
So as an example above, the 250 x 16(because they use 1 lb. per plant equations..this means a lb. cost you this to grow..$4,000 ....um, wrong!!!
See the problem here yet?? if 15 plants as they claim has the "potential" of producing 1 lb. per plant...get the picture they are using to look at...
So here lies the problems....say you spend 10 grand for your indoor grow setup...do you get to use this in your equation??
So if it cost you 10 grand, divide this # out = to your total amount produced...that is your cost of production....now divide that out per oz...
Tis the numbers leo uses for cost vs. profit margin...it didn't cost 250 bucks per oz. or 4000 per lb to "produce".....more like 250-800 per lb...outdoor vs. indoor...reality.
G13budsmoker
08-06-2010, 08:46 PM
So as an example above, the 250 x 16(because they use 1 lb. per plant equations..this means a lb. cost you this to grow..$4,000 ....um, wrong!!!
See the problem here yet?? if 15 plants as they claim has the "potential" of producing 1 lb. per plant...get the picture they are using to look at...
So here lies the problems....say you spend 10 grand for your indoor grow setup...do you get to use this in your equation??
So if it cost you 10 grand, divide this # out = to your total amount produced...that is your cost of production....now divide that out per oz...
Tis the numbers leo uses for cost vs. profit margin...it didn't cost 250 bucks per oz. or 4000 per lb to "produce".....more like 250-800 per lb...outdoor vs. indoor...reality.
well what if it didnt cost me anything to produce 15 lbs then? what if i charged a "labor" fee for my "time" spent? its the same thing as working at mcdonalds to "produce" a cheeseburger for someone, and at that point it "could" cost that much to produce.
we treat it like weed can only be made by manufacturing it.
well we all know that weed has been here as long, if not longer then we have been here(who was "paying" to produce it before we were here?).
all that is "IF" your 15 plants produce a lb/plant. and at that point your way over your limit(medically), so wtf? they look at it dumb, the only way your producing a lb a plant(and only 15 at a time) is with like 5000W+(just a guess) in lights. and that wouldnt even be considered a "medical" grow, at that point, its a "comercial" grow. seems like they need to redefine things.
jamessr
08-06-2010, 10:32 PM
Redefine...absolutely...but, the flip side of that coin is damages for taking the "potential" from you as a legislative right to your medicine as a crop or other valuable items after it is "removed" from growing and in the drying processes.i.e. curing..or already "processed" medicine...wa. state tree/trespass laws...by using their value, not yours. When you use yours, it is like a cow to you...you milk it for it's health resources.:pimp:
The jury awards it's normal "proven" value, and the judge is mandated to increase that by 3...gives a thief something to think about next time.:D:stoned::mad:
All the caselaw and dea regs say "POTENTIAL" ,not actually what it did produce..
the words in the csa say this "we treat it like weed can only be made by manufacturing it". because thats how it's done.
jamessr
08-06-2010, 10:50 PM
Main Entry: 1man·u·fac·ture
Pronunciation: \ˌman-yə-ˈfak-chər, ˌma-nə-\
Function: noun
Etymology: Middle French, from Medieval Latin manufactura, from Latin manu factus, literally, made by hand
Date: 1567
1 : something made from raw materials by hand or by machinery
2 a : the process of making wares by hand or by machinery especially when carried on systematically with division of labor b : a productive industry using mechanical power and machinery
3 : the act or process of producing something
Growing in the wild and dying in the wild with no human input...is not manufacturing nor production covered by the csa...
What is though, humans cultivating, manufacturing, processing etc. cannabis L. sativa...it's all about semantics in the system, tamato,tomoto, potato, patato..
G13budsmoker
08-07-2010, 12:35 AM
all im trying to say is how people are taking things way to seriously these days and how is it any different then selling "hay" from your property, or like all those people you see on the side of the roads everywhere selling fresh oysters that they caught....weed grew here all by its self on planet earth without our help at all, so it does grow wild, weed means grows wildly remember. we did not create weed. that makes it not a drug. define drug "logicaly", that is something man made period. weed is as natural as everything else, but because its something everyone would "enjoy" its not ok, so they make it illegal, wtf.
think, you can go buy a case of beer, which is a drug(just happens to be one of many of the governments legal "people killers", that is man made and manufactured) , and turn around and sell it to your friend, as long as he is 21 an older of course, and its perfectly fine-? to who?. but i cant walk out in the woods picking wild blackberrys, happen to find wild marijuana plants, and enjoy the plant for what it was put here to be used for and enjoy it with a friend, just like a berry? who is one to judge what another man decides to ingest anyways. and another one, cigarettes(another man made human killer), they are a drug. its a psycological drug. dont think so? why is it you hear everyone saying that they "WANT" to quit, but just cant? thats a psycological drugs side effect. addiction. but those are perfectly fine for a human to consume to because our government needs to regulate the population a bit. well i think its time they loosen the grip from around our fucking necks if they ever want shit to be peacefull in the world. dont you realize how fucking nuts people are these days? they are treating us like fucking monkeys in a damn cage and were just putting on a show for the high powered wealthy fucks when we go to work for them. they pay us to work, but then we have to pay it all back to them if we want to live in todays standards. how is that life? what ever happened to one protecting his own and living freely?
wow im sorry, that 420 J realy got me thinking bout shit after reading a few threads. so sorry i rambled.
G13budsmoker
08-07-2010, 01:01 AM
3 : the act or process of producing something
who makes this stupid shit up? the same guy who made up religion? so basically the courts are going to go after "mother earth" then right? for producing us, and a plant, because its the one accountable for producing EVERYTHING we have.
how are we the only species that has created something of its own kind to kill itself? do sharks get together and say hey lets go eat earl, because he tasted water that had a higher oxygen rating? i dont think so. but we let our own kind kill each other over something that earth put here, something we can not avoid.
justpics
08-07-2010, 01:59 AM
so does this mean technicaly that your not supposed to charge anymore then what it cost for you grow it?
the law places no restrictions on what you can charge.
jamessr
08-07-2010, 06:15 AM
the law places no restrictions on what you can charge.
Huh? What law are you referencing here above? Cause if you didn't notice...affirmative defense to criminal charges so far is all we have..those charges being distribution which no defense is available..yet!! if there is most are ignorant then.
The csa is strict liability crimes with cannabis L. Sativa...the rcw 69.51A et. seq. statute and legislative intent are missing the ingredients for sales/distribution aff. def. outside a "provider"...logical sense says, what it cost the provider to produce the substance...and they follow this strictly...regardless. It is upon the prosecuting state authority if they recognize rcw 9.94A.411 here:
Evidentiary sufficiency.
(1) Decision not to prosecute.
STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.
GUIDELINE/COMMENTARY:
Examples
The following are examples of reasons not to prosecute which could satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.
(b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:
(i) It has not been enforced for many years; and
(ii) Most members of society act as if it were no longer in existence; and
(iii) It serves no deterrent or protective purpose in today's society; and
(iv) The statute has not been recently reconsidered by the legislature.
This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.
(c) De Minimis Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.
RCW 9.94A.411: Evidentiary sufficiency. (http://apps.leg.wa.gov/rcw/default.aspx?cite=9.94A.411)
jamessr
08-07-2010, 06:23 AM
who makes this stupid shit up? the same guy who made up religion? so basically the courts are going to go after "mother earth" then right? for producing us, and a plant, because its the one accountable for producing EVERYTHING we have.
how are we the only species that has created something of its own kind to kill itself? do sharks get together and say hey lets go eat earl, because he tasted water that had a higher oxygen rating? i dont think so. but we let our own kind kill each other over something that earth put here, something we can not avoid.
American society made this shit up...before you was a twinkle in your mothers eye...mine also...
Yes they talk about earl..and how tasty he is going to be, and they even flip fins to see who is 1st...ever heard of feeding frenzy?
We kill each other over greed and control...human instinct...fight or flight..
Mother earth = $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ corporate $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
justpics
08-07-2010, 06:27 AM
Huh? What law are you referencing here above? Cause if you didn't notice...affirmative defense to criminal charges so far is all we have..those charges being distribution which no defense is available..yet!! if there is most are ignorant then.
what are you talking about? Designated PROVIDERS are allowed to PROVIDE medicine to their patient for whom they are a PROVIDER.
Designated Providers have an affirmative defense and shall not be found guilty from "assisting in the medical use of marijuana"..."...a crime under state law for assisting with the medical use of marijuana"
Medical Use of Marijuana is defined under the law as, "the production, possession, or administration of marijuana"
One of the ways that designated providers, "assist in the medical use of marijuana" is through its administration, by delivering (distributing) marijuana that they have grown or otherwise acquired, to the patient. Look up the word administration, you'll find that the administration of medicine includes the dispensing thereof.
That's not illegal. And there is nothing in RCW 69.51A which says you may not charge as a Designated Provider. Which brings us back to what I said originally, which is, the law places no restrictions on what you may or may not specifically charge to be someone's designated provider.
jamessr
08-07-2010, 06:48 AM
what are you talking about? Designated PROVIDERS are allowed to PROVIDE medicine to their patient for whom they are a PROVIDER.
Designated Providers have an affirmative defense and shall not be found guilty from "assisting in the medical use of marijuana"..."...a crime under state law for assisting with the medical use of marijuana"
Medical Use of Marijuana is defined under the law as, "the production, possession, or administration of marijuana"
One of the ways that designated providers, "assist in the medical use of marijuana" is through its administration, by delivering (distributing) marijuana that they have grown or otherwise acquired, to the patient. Look up the word administration, you'll find that the administration of medicine includes the dispensing thereof.
That's not illegal. And there is nothing in RCW 69.51A which says you may not charge as a Designated Provider. Which brings us back to what I said originally, which is, the law places no restrictions on what you may or may not specifically charge to be someone's designated provider.
o.k. now your on point...like i said above" provider" is the only way...and is between you and them..price or not...and is the "only" defense which covers cannabis period...
The flip side of that is leo taking a special interest and making a charge of sales for profit, like the tacoma dispensary owners getting charged.
justpics
08-07-2010, 07:37 AM
not just provider, but the definition of "medical use of marijuana" covers dispensing when it says, "administration", the administration of medicine includes dispensing (which is why dispensaries were still legal even before the verbage was changed from caregiver to designated provider). This is simply verified with the language of "designated provider", and you wouldn't even have to charge for the "administration" but simply the act of being their, "provider." I don't see anything in the law restricting compensation for either act.
the tacoma dispensary owners were charged for making sales to "non patients" AFAIK.
jamessr
08-07-2010, 07:37 PM
not just provider, but the definition of "medical use of marijuana" covers dispensing when it says, "administration", the administration of medicine includes dispensing (which is why dispensaries were still legal even before the verbage was changed from caregiver to designated provider). This is simply verified with the language of "designated provider", and you wouldn't even have to charge for the "administration" but simply the act of being their, "provider." I don't see anything in the law restricting compensation for either act.
the tacoma dispensary owners were charged for making sales to "non patients" AFAIK.
Dispensaries have never been legal in Wa. St., they are ["tolerated"] by some prosecutors...nothing more[king county is a different animal altogether because prop. 75). Especially prior to the verbage change, unless the dispensary was/is responsible for your, housing, care and welfare..uhhhhh, not!!! So i don't see your claim of reason here...
Dispense, administration and the like was not voted on for dispensaries but, a single patient/provider relationship(see the voter pamphlet)...like your dr./patient relationship...private between 2 "individual" people, not a commercial entity...
They was charged for selling to leo informants which produced "fraudulent" documentation doctored by leo...afaik as leo reported in the p.c. affidavit..
leo also claimed they was charging above street prices, black market...
justpics
08-07-2010, 09:21 PM
Just quote that part of the law which precludes dispensaries.
Not a block of text; just quote the relavant section of rcw 69.51A that days you can't have dispensaries.
jamessr
08-08-2010, 06:11 AM
Just quote that part of the law which precludes dispensaries.
Not a block of text; just quote the relavant section of rcw 69.51A that days you can't have dispensaries.
Silly rcw 69.51A does not authorize nor not authorize "dispensaries" cause it is an aff. def. only statute to criminal charges as well as a "property" rights/interests claims statute..nothing more nothing less...for patients and a provider for a patient...
Our constituent(s) have made public comments on this very issue...they stated they will be introducing a bill for dispensaries to be legal in wa...hence, by this very public statement our law makers acknowledge they are in fact "illegal". i.e. the lawmakers in wa. st. legislature
So running around the same bush isn't getting anyplace...rcw 69.50 et. seq. is unambiguous. ARTICLE III -- REGULATION OF MANUFACTURE, DISTRIBUTION,
AND DISPENSING OF CONTROLLED SUBSTANCES.
RCW 69.50.301: Rules â?? Fees. (http://apps.leg.wa.gov/rcw/default.aspx?cite=69.50.301)
RCW 69.50.302: Registration requirements. (http://apps.leg.wa.gov/rcw/default.aspx?cite=69.50.302)
RCW 69.50.303: Registration. (http://apps.leg.wa.gov/rcw/default.aspx?cite=69.50.303)
RCW 69.50.304: Revocation and suspension of registration â?? Seizure or placement under seal of controlled substances. (http://apps.leg.wa.gov/rcw/default.aspx?cite=69.50.304)
RCW 69.50.305: Procedure for denial, suspension, or revocation of registration. (http://apps.leg.wa.gov/rcw/default.aspx?cite=69.50.305)
RCW 69.50.306: Records of registrants. (http://apps.leg.wa.gov/rcw/default.aspx?cite=69.50.306)
RCW 69.50.308: Prescriptions. (http://apps.leg.wa.gov/rcw/default.aspx?cite=69.50.308)
P.S. I believe in dispensaries and we need them but, they are not covered yet under any criminal defenses...this is the problem..
justpics
08-08-2010, 06:43 AM
wrong. our lawmakers are going to give clarity to how to dispense, providing a rulebook that says exactly how to play the game. right now you've got the affirmative defense, its legal, you just don't have guidelines to follow except for the limited ones currently there.
the aff. defense applies to the administration of medicine which is inclusive to dispensing. Unless you want to make up your own definitions of words.
So like you said, RCW 69.51A does not restrict dispensaries, it merely grants an aff. def to those who are dispensing to patients legally under 69.51A
the only dispensaries that are being busted are the ones that the cops think they can get for not dispensing to legal patients.
jamessr
08-08-2010, 07:13 AM
wrong. our lawmakers are going to give clarity to how to dispense, providing a rulebook that says exactly how to play the game. right now you've got the affirmative defense, its legal, you just don't have guidelines to follow except for the limited ones currently there.
the aff. defense applies to the administration of medicine which is inclusive to dispensing. Unless you want to make up your own definitions of words.
So like you said, RCW 69.51A does not restrict dispensaries, it merely grants an aff. def to those who are dispensing to patients legally under 69.51A
the only dispensaries that are being busted are the ones that the cops think they can get for not dispensing to legal patients.
Dispensaries are businesses..business can't use an aff. def....clarity only applies to statutes already promulgated, such as the above statute outlining what legal dispensing/distributing is available to date.
The dispensaries targeted/busted was because a "competitor" made a complaint and leo used "operatives" inside the club when the informants was buying from the owners,(nec420 search warrant affidavit clearly stated this fact) the others I haven't seen yet so far. But, the only dispensaries operating with immunity are in king co. only, because of the guidelines in rcw 9.94A.411 combined with prop. 75 which says pot is lowest priority...the prosecutors and leo's hands are tied by the people of the city of seattle...hence, why hempfest is allowed.
So void for vagueness is what your saying here above. no guidelines for public or law enforcement.
jamessr
08-08-2010, 07:30 AM
Opinion | Washington's medical marijuana law needs fine-tuning | Seattle Times Newspaper (http://seattletimes.nwsource.com/html/opinion/2011431181_guest25kohlwelles.html)
EXCERPT:
I will introduce legislation to protect patients from arrest and prosecution and provide well-regulated, safe, consistent and secure sources of cannabis for medical use through licensed dispensaries. I hope citizens across the state will help me pass this legislation to improve the safety of patients, our loved ones and the communities in which we live.
NOT "CLARIFY" !!! BUT, IMPROVE ACCESS.
jamessr
08-08-2010, 07:39 AM
Hope she gets the legislation enacted before she retires or we are screwed!!
Endorsements by The Stranger Election Control Board - News - The Stranger, Seattle's Only Newspaper (http://www.thestranger.com/seattle/endorsements/Content?oid=4559062)
Incumbent Democrat Jeanne Kohl-Welles, who is seeking one last term in the state senate:wtf:, is a reliable Dem on budget issues and social justice, and we're excited to see her promised legislation to patch up holes in the state's medical-marijuana law (like protecting patients from being arrested:cool:). This fix is overdue and Kohl-Welles has laid the groundwork to get it done:pimp:. Vote Kohl-Welles.
justpics
08-08-2010, 08:02 AM
Dispensaries are businesses..business can't use an aff. def....
and don't need to because its a specific person who acts as the designated provider. a "dispensary" is a place where medicine is "dispensed" by designated providers.
If they act within the guidelines set by RCW 69.51A they "shall not be found guilty of a crime under state law" for assisting in the administration of marijuana. which is inclusive of its dispensing*.
I don't go in circles, so my challenge remains. If dispensing is illegal under 69.51A, quote the sentence that makes it so, until then this is my final word on the subject.
*ad·min·is·tra·tion
n.
1. The act or process of administering, especially the management of a government or large institution.
2. The activity of a government or state in the exercise of its powers and duties.
3. often Administration
a. The executive branch of a government.
b. The group of people who manage or direct an institution, especially a school or college.
4. The term of office of an executive officer or body.
5. Law Management and disposal of a trust or estate.
6. The dispensing, applying, or tendering of something, such as an oath, a sacrament, or medicine.
justpics
08-08-2010, 08:46 AM
Would you direct me to prop, 75? Please. I can't find it.
I don't know why he brought up Seattle's Marijuana De-Prioritization initiative, speaking about king county.
I-75 made marijuana possession the lowest priority crime in Seattle.
hiamps
08-08-2010, 09:08 AM
and don't need to because its a specific person who acts as the designated provider. a "dispensary" is a place where medicine is "dispensed" by designated providers.
If they act within the guidelines set by RCW 69.51A they "shall not be found guilty of a crime under state law" for assisting in the administration of marijuana. which is inclusive of its dispensing*.
I don't go in circles, so my challenge remains. If dispensing is illegal under 69.51A, quote the sentence that makes it so, until then this is my final word on the subject.
*ad·min·is·tra·tion
n.
1. The act or process of administering, especially the management of a government or large institution.
2. The activity of a government or state in the exercise of its powers and duties.
3. often Administration
a. The executive branch of a government.
b. The group of people who manage or direct an institution, especially a school or college.
4. The term of office of an executive officer or body.
5. Law Management and disposal of a trust or estate.
6. The dispensing, applying, or tendering of something, such as an oath, a sacrament, or medicine.
The only scary part to me is how a Judge interpets "(d) Is the designated provider to only one patient at any one time."
jamessr
08-08-2010, 09:13 AM
Would you direct me to prop, 75? Please. I can't find it.
The Sensible Seattle Coalition, Sponsors of I-75 (http://www.yeson75.org/)
jamessr
08-08-2010, 09:17 AM
I don't know why he brought up Seattle's Marijuana De-Prioritization initiative, speaking about king county.
I-75 made marijuana possession the lowest priority crime in Seattle.
Because the only lawful dispensaries are in seattle because of 2 legal factors,
1) I-75
2) rcw 9.94A.411`legislative intent, (change in society morals)
justpics
08-08-2010, 09:18 AM
that's a nice opinion, but seattle doesn't fill all of king county.
jamessr
08-08-2010, 09:20 AM
The only scary part to me is how a Judge interpets "(d) Is the designated provider to only one patient at any one time."
Go ask one or send them a letter..they will surely tell you. And no i don't mean get arrested to find out either.
jamessr
08-08-2010, 09:22 AM
that's a nice opinion, but seattle doesn't fill all of king county.
It is the heart beat of king county, WHERE THE "COUNTY" PROSECUTOR FILES CHARGES ON YOUR ASS!! SUPERIOR COURT, SILLY.
justpics
08-08-2010, 09:24 AM
For your statement to make sense, I-75 would have to effect areas outside of seattle, but within king co. simply because, "that's where charges are filed"
why don't you tell a cop in federal way he's got to respect I-75 see what happens.
jamessr
08-08-2010, 09:39 AM
For your statement to make sense, I-75 would have to effect areas outside of seattle, but within king co. simply because, "that's where charges are filed"
why don't you tell a cop in federal way he's got to respect I-75 see what happens.
IT'S NOT THE COPS WHO ARE AUTHORIZED TO "FILE CRIMINAL CHARGES..again, silly.
Evidentiary sufficiency.
(1) Decision not to prosecute.
STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.
GUIDELINE/COMMENTARY:
Examples
The following are examples of reasons not to prosecute which could satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute. THIS APPLIES TO THE PROSECUTOR DAN : ^
Intent -- 2007 c 371: "The legislature intends to clarify the law on medical marijuana so that the lawful use of this substance is not impaired and medical practitioners are able to exercise their best professional judgment in the delivery of medical treatment, qualifying patients may fully participate in the medical use of marijuana, and designated providers may assist patients in the manner provided by this act without fear of state criminal prosecution. This act is also intended to provide clarification to law enforcement and to all participants in the judicial system." [2007 c 371 § 1.]
(c) De Minimis Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.
This applies to I-75 ^
Seattle Voters Approve Initiative Making Marijuana Enforcement City's "Lowest Priority" - NORML (http://norml.org/index.cfm?Group_ID=5750)
(b) GUIDELINES/COMMENTARY:
(i) Police Investigation
A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:
(A) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;
(B) The completion of necessary laboratory tests; and
(C) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.
If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.
(ii) Exceptions
In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:
(A) Probable cause exists to believe the suspect is guilty; and
(B) The suspect presents a danger to the community or is likely to flee if not apprehended; or
(C) The arrest of the suspect is necessary to complete the investigation of the crime.
In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.
(iii) Investigation Techniques
The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:
(A) Polygraph testing;
(B) Hypnosis;
(C) Electronic surveillance;
(D) Use of informants.
(iv) Pre-Filing Discussions with Defendant
This applies to all leo statewide.^
justpics
08-08-2010, 09:41 AM
highlight the part that makes seattle's I-75 apply in federal way.
BLOCK OF TEXT ----- BLOCK OF TEXT ----- BLOCK OF TEXT
BLOCK OF TEXT ----- BLOCK OF TEXT ----- BLOCK OF TEXT
BLOCK OF TEXT ----- BLOCK OF TEXT ----- BLOCK OF TEXT
BLOCK OF TEXT ----- BLOCK OF TEXT ----- BLOCK OF TEXT
So I can be cool too :cool:
jamessr
08-08-2010, 09:53 AM
King County Prosecuting Attorneys Office Declines Charging Excessive Medical Marijuana Grow | Seattle Criminal Lawyer DUI Attorney Bellevue Sex Crime Seattle (http://www.mcneesetrotsky.com/blog/criminal-defense/king-county-prosecuting-attorneys-office-declines-charging-excessive-medical-marijuana-grow/)
Satterberg said that marijuana possession is a low-ranking offense according to state felony guidelines, three convictions could leave a defendant spending less than six months in jail. Satterberg, whose office has 55 open murder cases, says he has ??more important things do? than charge marijuana-possession cases. Seattle??s new City Attorney Pete Holmes has stopped charging people with misdemeanor pot possession, which is less than 40 grams.
jamessr
08-08-2010, 10:02 AM
highlight the part that makes seattle's I-75 apply in federal way.
BLOCK OF TEXT ----- BLOCK OF TEXT ----- BLOCK OF TEXT
BLOCK OF TEXT ----- BLOCK OF TEXT ----- BLOCK OF TEXT
BLOCK OF TEXT ----- BLOCK OF TEXT ----- BLOCK OF TEXT
BLOCK OF TEXT ----- BLOCK OF TEXT ----- BLOCK OF TEXT
So I can be cool too :cool:
Now your not even playing ball, your playing silliness..of course I-75 doesn't apply in federal way, how could it?...but, rcw 9.94A.411 does, and dan satterberg is the prosecutor, which doesn't want to play in your ball park.
I have sat down with both my local chief deputy prosecutor(s) misdemeanor & felony and discussed in detail what's what, so i don't get my ass in trouble...needed to know the boundary lines...I even filed a criminal case against leo in which the prosecutor busted out rcw 9.94A.411 and the judge and I got a schooling lesson.:D:cool:
justpics
08-08-2010, 10:52 AM
of course I-75 doesn't apply in federal way (or any other part of king co. outside of Seattle)
finally.
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