Are private sales still legal?
Quote:
Originally Posted by JeepGuyCO
Isn't that one person's opinion on this controversial subject?
What's wrong with discussing various people's interpretations on this topic?
Surely you aren't arguing that you know specifically how anything is currently or in the future, right? Why should someone believe you instead of anyone else?
Take that post and analyze it if you disagree. You only seem to be talking shit, that's all. What's so wrong about that post?
(2) IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE
AWAY, OR ACQUIRE MEDICAL MARIJUANA EXCEPT AS ALLOWED PURSUANT
TO THIS ARTICLE.
Here it is again. This is plain English. There is nothing to interpret. This is a sentence with one meaning. It sucks but it is fact and law. Im sure LEO gets the same meaning out of this sentence as the rest of us. Maybe this doesnt apply to you and your buddy who you are curiously defending. I guess you guys have diplomatic immunity or something. Not trying to insult or start arguments but if you are going to dish out answers to people regarding subjects that have serious consequences you should at least actually know what you are talking about or not say anything at all. If you didnt know electrical you wouldnt try to tell someone how to wire up a 240 volt circuit while the panel is live would you? Of couse not because you would most likely get the person blown out of their shoes.
Are private sales still legal?
Quote:
Originally Posted by Greenergy
(2) IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE
AWAY, OR ACQUIRE MEDICAL MARIJUANA EXCEPT AS ALLOWED PURSUANT
TO THIS ARTICLE.
Here it is again. This is plain English. There is nothing to interpret. This is a sentence with one meaning. It sucks but it is fact and law. Im sure LEO gets the same meaning out of this sentence as the rest of us. Maybe this doesnt apply to you and your buddy who you are curiously defending. I guess you guys have diplomatic immunity or something. Not trying to insult or start arguments but if you are going to dish out answers to people regarding subjects that have serious consequences you should at least actually know what you are talking about or not say anything at all. If you didnt know electrical you wouldnt try to tell someone how to wire up a 240 volt circuit while the panel is live would you? Of couse not because you would most likely get the person blown out of their shoes.
When it comes to the Law there is always something to interpret, Plain and simple. Stating your opinion is one thing, but to give out legal advice without a Law Degree should not be done.
Are private sales still legal?
Quote:
Originally Posted by Greenergy
(2) IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE
AWAY, OR ACQUIRE MEDICAL MARIJUANA EXCEPT AS ALLOWED PURSUANT
TO THIS ARTICLE.
Here it is again. This is plain English. There is nothing to interpret. This is a sentence with one meaning. It sucks but it is fact and law. Im sure LEO gets the same meaning out of this sentence as the rest of us. Maybe this doesnt apply to you and your buddy who you are curiously defending. I guess you guys have diplomatic immunity or something. Not trying to insult or start arguments but if you are going to dish out answers to people regarding subjects that have serious consequences you should at least actually know what you are talking about or not say anything at all. If you didnt know electrical you wouldnt try to tell someone how to wire up a 240 volt circuit while the panel is live would you? Of couse not because you would most likely get the person blown out of their shoes.
You are correct, it is very specific, very cut and dry. But there are other things that come into play here, mainly ARTICLE XVIII Section 14 of The Colorado Constitution, which in part says:
'(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.'
This is a lot more vague than 1284 but it is saying you are not protected from acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for anything OTHER than medical marijuana. So in essence it is saying YOU ARE protected all those things if it IS for medical use. So selling for medical use is protected by the state constitution.
Then there's this:
(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.
Now, this is saying assisting in the medical use of medical marijuana shall be exempt from the states criminal laws. I would argue selling to a patient is assisting in the medical use of marijuana, yet 1284 attempts to override both this and the above paragraph of the constitution.
As we all know, constitutional amendments are the law of the land and cannot be taken away from through legislation, but the problem here is the constitution is a lot more vague than 1284 and therefore open for quite a bit more interpretation. Again, as we all know, if something is vague judges will a lot of times conclude their own interpretations based on ideology, but I do believe once it got to the state supreme court (or before) parts of 1284 will be ruled unconstitutional. I guess it will take someone getting charged, convicted, and filing appeals before it gets that far. Personally I dont feel like being that guinea pig.
Are private sales still legal?
There sure are a lot of patients being caught selling privately, huh. ;)
Just look at the newspaper for their names for proof :D
Be scared. They are watching. :thumbsup:
Are private sales still legal?
Quote:
Originally Posted by Greenergy
(2) IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE
AWAY, OR ACQUIRE MEDICAL MARIJUANA EXCEPT AS ALLOWED PURSUANT
TO THIS ARTICLE.
Here it is again. This is plain English. There is nothing to interpret. This is a sentence with one meaning. It sucks but it is fact and law. Im sure LEO gets the same meaning out of this sentence as the rest of us. Maybe this doesnt apply to you and your buddy who you are curiously defending. I guess you guys have diplomatic immunity or something. Not trying to insult or start arguments but if you are going to dish out answers to people regarding subjects that have serious consequences you should at least actually know what you are talking about or not say anything at all. If you didnt know electrical you wouldnt try to tell someone how to wire up a 240 volt circuit while the panel is live would you? Of couse not because you would most likely get the person blown out of their shoes.
Apparently I'm not the only one who disagrees with you on this one. No worries, but I don't really think it's fair to say I was 'giving out legal advice'. Just like you say, I'm no expert, and neither are you. As others have said, every situation is unique so who knows?
It's unfair to say you aren't being insulting, because your post is exactly that.
Now, Zedleppelin has done a better job than I could of why I feel this way, why don't you read his post and tell us why you are right and everyone else is wrong.
Are private sales still legal?
ok ok ok, we get it. it's an area that some think is grey while others are sure its black & white. just like before Amd 20 & 1284 - you have to decide how far you want to push things for yourself. Obviously if you decide to push - make sure you set some lawyer money aside.
Personally - if you don't know or trust the person you want to sell too - I wouldn't do it.
Are private sales still legal?
Quote:
Originally Posted by ThaiBuddhaMan
ok ok ok, we get it. it's an area that some think is grey while others are sure its black & white. just like before Amd 20 & 1284 - you have to decide how far you want to push things for yourself. Obviously if you decide to push - make sure you set some lawyer money aside.
Personally - if you don't know or trust the person you want to sell too - I wouldn't do it.
yeah, and dont pissem off either, you dont want your kicked in at 2am
im meded biatch
Are private sales still legal?
I went through all of these "what if" scenarios back in June when I was trying to figure out how to keep supplying my patients. I didnt want to have to remove anyone because I was over 5 patients. I met with 2 attorneys to go over different ways to continue operating. We thought of nonprofits, multiple caregivers operating out of a single grow, patient to patient sales, husband and wife caregiver team, etc... The only way both attorneys (well known) advised is to register with the DOR by July 1st so I did. In July I got cold feet about doing the 22 page background check with the DOR and I had the same brainstorming session with the attorney again.
A bill can not trump the constitution or an ammendment to the constitution. It can however, persuade Judges and DAs interpretation of the ammendment.
If you are a patient growing, you can only grow enough for your own consumption. When you try to sell it calling it "extra meds" is when you cross the line in to unprotected territory.
Good job taking the discussion straight to the point ZED
Are private sales still legal?
Quote:
Originally Posted by Greenergy
I went through all of these "what if" scenarios back in June when I was trying to figure out how to keep supplying my patients. I didnt want to have to remove anyone because I was over 5 patients. I met with 2 attorneys to go over different ways to continue operating. We thought of nonprofits, multiple caregivers operating out of a single grow, patient to patient sales, husband and wife caregiver team, etc... The only way both attorneys (well known) advised is to register with the DOR by July 1st so I did. In July I got cold feet about doing the 22 page background check with the DOR and I had the same brainstorming session with the attorney again.
A bill can not trump the constitution or an ammendment to the constitution. It can however, persuade Judges and DAs interpretation of the ammendment.
If you are a patient growing, you can only grow enough for your own consumption. When you try to sell it calling it "extra meds" is when you cross the line in to unprotected territory.
Good job taking the discussion straight to the point ZED
It seems pretty hypocrytical for you to call out cologrower like you did, when it's pretty obvious that you aren't any more 'right' than that poster. It's pretty obvious to me that this is only a discussion, so your hate towards people seems totally misplaced.
Obviously, now that you post additional info you might have more credibility with people who view these forums, but who cares?
Why haven't you said these same paranoia-type posts against the cali guy who has been posting about supreme court rulings and his posts with regards to plant counts.
That said, thanks for contributing to those of us (new)growers who are looking to remain compliant while having quality grows/genetics/etc. These types of discussions, while everyone might not get along, still contribute to everyone raising awareness and contributing to people making smart decisions.
Are private sales still legal?
Quote:
Originally Posted by JeepGuyCO
It seems pretty hypocrytical for you to call out cologrower like you did, when it's pretty obvious that you aren't any more 'right' than that poster. It's pretty obvious to me that this is only a discussion, so your hate towards people seems totally misplaced.
Obviously, now that you post additional info you might have more credibility with people who view these forums, but who cares?
Why haven't you said these same paranoia-type posts against the cali guy who has been posting about supreme court rulings and his posts with regards to plant counts.
That said, thanks for contributing to those of us (new)growers who are looking to remain compliant while having quality grows/genetics/etc. These types of discussions, while everyone might not get along, still contribute to everyone raising awareness and contributing to people making smart decisions.
No hate. Nothing but love here bro :hippy:
Sorry 420. I thought you were basing the remarks " patient to patient sells are legal" and "any caregiver can sell to any patient" on 1284. I didnt realize you were thinking of A20.
This is a touchy subject that is going to have to be played out in a courtroom unfortunately. Peace to all.
