Primary Caregiver question on HB 1284

[fendre]

I have read from two different sources that as a Primary Caregiver I will no longer be able to sell to patients that don't have me listed as their Primary Caregiver. I have found the section stating that a Primary Caregiver can have 5 patients. I have NOT found anything in HB 1284 about selling only to my 5 patients. Can someone please cut/paste me a snippet of the bill that states this so I can read it and verify it for myself?

Thanks.

fendre Reviewed by fendre on 06-12-2010. Primary Caregiver question on HB 1284 I have read from two different sources that as a Primary Caregiver I will no longer be able to sell to patients that don't have me listed as their Primary Caregiver. I have found the section stating that a Primary Caregiver can have 5 patients. I have NOT found anything in HB 1284 about selling only to my 5 patients. Can someone please cut/paste me a snippet of the bill that states this so I can read it and verify it for myself? Thanks. Rating: 5

[canaguy27]

if you are a patient yourself, i believe you can sell to other patients. i can't confirm it.

[COzigzag]

ONLY A MEDICAL MARIJUANA CENTER WITH AN OPTIONAL
PREMISES CULTIVATION LICENSE, A MEDICAL MARIJUANA-INFUSED
PRODUCTS MANUFACTURING OPERATION WITH AN OPTIONAL PREMISES
CULTIVATION LICENSE, OR A PRIMARY CAREGIVER FOR HIS OR HER PATIENTS
OR A PATIENT FOR HIMSELF OR HERSELF MAY CULTIVATE OR PROVIDE
MARIJUANA AND ONLY FOR MEDICAL USE.

PAGE 45 & 46 HOUSE BILL 10-1284

This is the info I found and, to me, I interpret it to mean a caregiver can only "provide" to their own patients. If this sentence did not contain, "for his or her patients" I would say a caregiver could provide to any patient.

How do you interpret it?

[Zedleppelin]

12-43.3-901. Unlawful acts - exceptions.
(1) EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, IT IS UNLAWFUL FOR A PERSON:

(c) TO CONTINUE OPERATING A BUSINESS FOR THE PURPOSE OF
CULTIVATION, MANUFACTURE, OR SALE OF MEDICAL MARIJUANA OR
MEDICAL MARIJUANA-INFUSED PRODUCTS WITHOUT FILING THE FORMS AND PAYING THE FEE AS DESCRIBED IN SECTION 12-43.3-103 (1) (b).

(d) TO CONTINUE OPERATING A BUSINESS FOR THE PURPOSE OF
CULTIVATION, MANUFACTURE, OR SALE OF MEDICAL MARIJUANA OR
MEDICAL MARIJUANA-INFUSED PRODUCTS WITHOUT SATISFYING THE CONDITIONS OF SECTION 12-43.3-103 (2) (b).

(2) IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE
AWAY, OR ACQUIRE MEDICAL MARIJUANA EXCEPT AS ALLOWED PURSUANT TO THIS ARTICLE

[fendre]

ONLY A MEDICAL MARIJUANA CENTER WITH AN OPTIONAL
PREMISES CULTIVATION LICENSE, A MEDICAL MARIJUANA-INFUSED
PRODUCTS MANUFACTURING OPERATION WITH AN OPTIONAL PREMISES
CULTIVATION LICENSE, OR A PRIMARY CAREGIVER FOR HIS OR HER PATIENTS
OR A PATIENT FOR HIMSELF OR HERSELF MAY CULTIVATE OR PROVIDE
MARIJUANA AND ONLY FOR MEDICAL USE.

PAGE 45 & 46 HOUSE BILL 10-1284

This is the info I found and, to me, I interpret it to mean a caregiver can only "provide" to their own patients. If this sentence did not contain, "for his or her patients" I would say a caregiver could provide to any patient.

How do you interpret it?

Sounds right to me. I simply read right past this the first time. I dont read legal documents often and I missed this detail. I will try not to complain but this stuff is silly.

So it sounds like two patients sitting on a couch can't even pass the bong to each other.... I guess that would be classified under providing MMJ to a patient. I don't know if I should laugh or cry.

[COzigzag]

Sounds right to me. I simply read right past this the first time. I dont read legal documents often and I missed this detail. I will try not to complain but this stuff is silly.

So it sounds like two patients sitting on a couch can't even pass the bong to each other.... I guess that would be classified under providing MMJ to a patient. I don't know if I should laugh or cry.

Laugh, cry, bitch, or complain it doesn't matter. Pretty much all of us have done it on here at one time or another. That's what's great about this site. Let out your feelings. Somebody usually sets ya straight.

:thumbsup:

[COzigzag]

Actually, ReLeaf and I tactfully butted heads on this subject.

In retrospect, I have to agree with ReLeaf now after trying to digest this and, I guess, I'm not in such denial.