Quote Originally Posted by personified
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.

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.