patients selling extra meds to patients

[valstar]

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

valstar Reviewed by valstar on 07-13-2010. 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

[SoCoMMJ]

So is it illegal to sell your overage meds that you grow to another patient.

I'm pretty sure it is illegal, but maybe somebody can twist this to mean that they can...

PART 9
UNLAWFUL ACTS - ENFORCEMENT
12-43.3-901.(2) IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE AWAY, OR ACQUIRE MEDICAL MARIJUANA EXCEPT AS ALLOWED PURSUANT
TO THIS ARTICLE.

(5) Primary caregivers. (c) 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.

[mustangwomyn]

I'm pretty sure it is illegal, but maybe somebody can twist this to mean that they can...

Still plenty of peeps on CL offering to sell their extra, I never buy from them but sure is some intresting reading. I am just waiting for these clowns to get a visit from leo.

[copobo]

I wonder if small caregivers will be signing people up as temp caregivers much like many dispensaries have done? Is there a reason we couldn't be doing it this way? Maybe by keeping 4 temp patients and keeping one slot open for temporary patients?

There should have been a legal avenue for caregivers to do this. they are FORCING a black market.

I don't know if I should keep cutting down on wattage or if I should concentrate on making more hash+extracts to keep the weight legal..

[cologrower420]

Still plenty of peeps on CL offering to sell their extra, I never buy from them but sure is some intresting reading. I am just waiting for these clowns to get a visit from leo.

The doctor that was arrested in Aurora, was busted by two undercovers who got cards without proper medical evals. With 1284, I bet we'll see an increase in violations, and I assume the most common excuse is 'I didn't know'.

ignorance of the law is no excuse etc etc.

Although, people on this site seem to be excited about California's prop 19. Hope they can put the bong down long enough to vote.

Opposition to pot measure gains slightly in poll - latimes.com

[copobo]

should the State should come up with penalties for breaking the mmj rules, or for being out of compliance, rather than falling back to old drug laws and their consequences?

[michaelnights]

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.

[cologrower420]

Doesn't the law only allow this to be used as an affirmative defense if charged with a crime, presumably drug related?

I bet people on here with knowledge of the legislation get so mad when we have off-the-cuff discussions on stuff that's easily found on the google. It's amusing. Obviously I don't know much on the language in A20 or 1284.

[copobo]

unfortunately, even if you know A20 and HB1284, there is so much that is unclear and conflicting between the two, you have to guess. even the lawyers are guessing.

what a kludge.

[Zedleppelin]

should the State should come up with penalties for breaking the mmj rules, or for being out of compliance, rather than falling back to old drug laws and their consequences?

I do believe 1284 adds more criminal penalties. It states that a violation of 1284 is a misdemeanor plus current statutes.