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07-13-2010, 09:44 PM #1
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patients selling extra meds to patients
According to the Constitution, a patient can claim an affirmative defense to purchase mmj from any source, even the black market, as long as they have a doctor's recommendation.
ALSO in the Constitution
2) (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.
Sec. 5., details the 2 oz and 6 plants limits, can't sell to anyone under 18, etc.
Sec. 8., details the prohibitions against fraud, i.e.; registration cards must be genuine.
While HB10-1284 modified and limited the role of a caregiver's ability to "assist in the medical use" (which clause might well be tested in the courts) it did not specifically limit patients rights in this area.
Don't take my word on it. I am not a lawyer and don't even play one on TV.michaelnights Reviewed by michaelnights on . patients selling extra meds to patients I have read tons of threads on this subject. I am even more confused after reading these threads on various sites. Some people say no you cant its illegal now and some say yes its okay. Then someone mentions some thing off topic and the thread gets high jacked with useless info pertaining to the original question. So is it illegal to sell your overage meds that you grow to another patient. Thanks New Patient Grower Rating: 5
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