Sounds like a good idea.
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Sounds like a good idea.
I have found something specific to patients with grow licenses. Trading clones would be illegal.
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Q: Can I produce my own supply of medical cannabis?
A: Yes, patients can apply for a license to do produce their own medical cannabis. If you are approved, you can have four mature plants and 12 seedlings. The definitions of seedlings and mature plants can be found in New Mexico Administrative Code 7.34.4. Copies of these regulations are sent out with each patient production license Patients can only produce for themselves, it is illegal to distribute to anyone else. Patient production must conform to the plan described by the patient in their application for a personal production license.
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It is funny you can tell this law has definite legal issues that need to be spelled out. It is impossible to have the first seed or first clone with out an illegal act or from a producer. However where did the first producer get the seed or clone without by action a law is broke.
The age old question which came first the chicken or the egg.
I do not beleive that producers are prohibited for distributing clones, and I would not see where a patient grower would be braking the law as long as they got their material intrastate....regardless of whether it was originally intrastate material. I am not breaking the law by planing a seed from Canada if I got that seed in New Mexico.Quote:
Originally Posted by personified
So it is really a moot point. Unless it can be proven that the material came from out of state a patient is not breaking the law. Even if they were, I believe you will find that the crime is misdemeanor posession and has to be witnessed by an officer to be charged.
So I really dont see any on this as a burden on patients.
As far as patients forming a cooperative I dont see a conflict. As long as DOH approves of the grow it is definitely not "distribution" to other patients. It is simply a patient growing and sharing resources with other patients.
I agree true producers can distribute. However you must see that the law is vague and not defined. In actuality it is defined as not to let the patient producer distribute.
I agree it would be hard to prove unfortunately that is not the point. At one point the first strand had to be from an illegal source. Unless the state gave the first seed or clone which of course we know is not true.
So there for it must be immaculate photosynthesis herme reproduction. LMAO!
Quote:
Originally Posted by personified
Yeah, you are right about it not being quite possible. But I think that was the only way they could figure out how to word it. It makes it a crime if you are abusing the law and it gives the law the discretion to decide if it wants to prosecute or not. I dont see them busting down my door and whining about where I got my seeds...but I guess you never know.
Anyhoo, I contacted one of the fine producers and have made arrangements for intrastate material at no cost. Is that cool or what? So I am having no problem at all abiding by the letter of the law and the timing is perfect.
Unless I got a seed or clone outside of this state and brought it in I believe I would be completely legal. I can posess black market marijuana with seeds in it legally cant I? (Didnt the first guy they bust in Albuquerque prove that?) Well, if I can posess those seeds, and I didnt go across the state line, it is intrastate seed! And I can plant them!
Viola! Legal intrastate seeds from illegal cartel pot! As a card holding patient I can simply touch Mexican rope and make it legal...like blessing it! It may have been illegal at one time, but if I have it in my pocket it becomes legal by virtue of my rights as an MC patient!
At least that is how my defense will be planned if shit goes wrong.:D
"I do not beleive that producers are prohibited for distributing clones, and I would not see where a patient grower would be braking the law as long as they got their material intrastate"
Obviously the Producers can distribute clones,since they are.I don't think at this point that patients are allowed to.