View Full Version : So what is legal and what is not????
McLuvin
10-11-2010, 03:02 AM
Okay, I have read the laws and short of hiring an attorney this is the way I understand it. A caregiver can "donate" or give meds their patients. And centers can buy a percentage of their mes from other centers.
My question is how do you legally get rid of your extra meds so you are not over your quantity without breaking the law?
Sorry if this is posted in the wrong place or if it is a stupid question but it is all very confusing right now and any help would be great.
Thanks.... :thumbsup:
copobo
10-11-2010, 05:34 AM
this is the question of the year.
as a patient you can sell to other patients under Article 14 of the state constitution, but caregiver wholesale to centers is out.
make extracts if you need to lighten up and don't have an idea that works for you.
my opinion all, check with your attorney, be smart.
SoCoMMJ
10-11-2010, 07:04 AM
The final answer will end up being don't grow more than your assigned patients can consume.
Spread out your plants so they all don't finish at the same time is another option.
It sucks, but what doesn't about these new new laws :)
waterdog
10-11-2010, 01:33 PM
I have asked the same thing to my attorney. He would NOT answer as he said laws change to often and IF he gave the WRONG advice he would be guilty of moral issues.
flyfisher48
10-11-2010, 02:17 PM
This couldn't have been thought out by the legislators, and it certainly put patients in a precarious position. It seems to be a compromise that benefits no one, including law enforcement. The timing sucks also ( just before harvest). Oh well, a step along the way I guess.
Vancefish
10-11-2010, 03:25 PM
BEFORE HB10-1284 was even voted on, THIS was a known issue. It was my biggest concern. A point I made back then was,.. You can't sell it to patients, you can't sell it to dispensaries, AND you can't throw it away!! (legally that is) So what's a caregiver to do??
The only thing they left for us to do! Break the law. JUST as they'd planned!!
I was born here, NEVER wanted to live in California. However if their Prop 19 (I think it's called) passes.(that's full legalization for adults) There are some nice plots of land close to the Oregon boarder!!:thumbsup:
PLUS in Cali the state is SO poor, they don't have the resources to enforce MORE laws. The people are REFUSING any more taxation to cover what they already paid for. Add to that, 25sf of outdoor, LEGALLY!!
Not that I think I'll go, but they are making one heck of a case out there. It's starting to sound like the "free-est" state in the union!! GOD FORBID:jawdropper:!!
PatientPal
10-12-2010, 03:44 PM
[quote=McLuvin]Okay, I have read the laws and short of hiring an attorney this is the way I understand it. A caregiver can "donate" or give meds their patients. And centers can buy a percentage of their mes from other centers.
So, in other words, you give or "donate" the meds to the patient and charge them for "caregiver services"?
SoCoMMJ
10-12-2010, 05:07 PM
So, in other words, you give or "donate" the meds to the patient and charge them for "caregiver services"?
No. You can charge the patient actual expense of producing the Medical Marijuana. Ie. Electricity, Nutes, [Labor?], or whatever. Then if you provide "Additional Services" you can also charge for that.
There is no definition of "Additional Services" so that can be just about anything. I have heard about one caregiver providing a blessing of the meds for only $50 :)
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