Are private sales still legal?

[anotherguy]

I know the law changed this summer, but I've heard different things regarding a grace period. Can a caregiver still sell to a patient that they are not a caregiver for? Can a caregiver still sell to a dispensary?

Sorry if this issue has been beaten to death.

anotherguy Reviewed by anotherguy on 08-30-2010. Are private sales still legal? I know the law changed this summer, but I've heard different things regarding a grace period. Can a caregiver still sell to a patient that they are not a caregiver for? Can a caregiver still sell to a dispensary? Sorry if this issue has been beaten to death. Rating: 5

[cologrower420]

I know the law changed this summer, but I've heard different things regarding a grace period. Can a caregiver still sell to a patient that they are not a caregiver for? Can a caregiver still sell to a dispensary?

Sorry if this issue has been beaten to death.

Patient to patient is legal, any caregiver can sell to any patient.

Caregivers can't sell to MMC's.

Basically, for-profit caregiving went away, forcing growers to grow for 5 patients max. Some people read this that a caregiver can only grow 36 plants. That's not many if you are trying to make money. Some caregivers are getting around this by looking for 5 patients with increased plant recommendations, but that hasn't been tested in court.

If you are buying, don't buy more than 2 ounces at a time and you'll be fine. If you are selling, sell to legal, paperwork carrying patients and don't sell more than 2 ounces at a time.

If you are growing, don't grow more than 36 plants, and you should be fine.

I'm sure people with more time can post links to legislation etc. That's how I understand things, but I'm sure if I'm wrong someone will share.

[SprngsCaregiver]

Patient to patient is legal, any caregiver can sell to any patient.

Caregivers can't sell to MMC's.

Basically, for-profit caregiving went away, forcing growers to grow for 5 patients max. Some people read this that a caregiver can only grow 36 plants. That's not many if you are trying to make money. Some caregivers are getting around this by looking for 5 patients with increased plant recommendations, but that hasn't been tested in court.

If you are buying, don't buy more than 2 ounces at a time and you'll be fine. If you are selling, sell to legal, paperwork carrying patients and don't sell more than 2 ounces at a time.

If you are growing, don't grow more than 36 plants, and you should be fine.

I'm sure people with more time can post links to legislation etc. That's how I understand things, but I'm sure if I'm wrong someone will share.

This is NOT true don't listen to this guy.

Edit:
HB1284 says this...

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

So it is NOT legal for patients to sell to patients and caregivers can only sell to their 5 patients.

[valstar]

I asked this same question and they said patient to patient IE selling extra meds is now illegal. They cant make taxes off the sales so they made them illegal. 1284 is all about the state making money off the sales that used to be legal. Making it illegal now forces people to go to MMC's which pay the taxes and fills the states coffers.

[cologrower420]

This is NOT true don't listen to this guy.

Edit:
HB1284 says this...

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

So it is NOT legal for patients to sell to patients and caregivers can only sell to their 5 patients.

I guess 1284 is subject to interpretation. I'm happy to admit if I am wrong on something.

I won't ever buy medicine from someone I don't know, or someone who can't show me their redcard. I won't ever buy more than 2 ounces at a time.

In my opinion, patient to patient sales are legal, for me. I'm not trying to make a profit or sell to patients on craigslist.

Without looking into it, what was just quoted doesn't explicity state that patient to patient sales are illegal. I think sprngscrgvr is saying that because patient to patient sales aren't specificially and explicitly discussed in 1284/109, that we can safely assume that p2p is now illegal? I don't want to put words in that posters mouth, but I disagree.

Does the legislation ever say, 'patient to patient is illegal' or are we left to interpret ourselves?

edit: If a fellow patient is ever out of medicine, I would never tell them I won't share or provide them with the meds they need, just because I can't find some exact random text in a new bill/law.

[anotherguy]

Thanks for the info. Even though it's not really what I wanted to hear. So I guess someone that had some plants growing over the last few months basically has no choice but to smoke it all himself then.

I guess I'll get started...

[cologrower420]

Thanks for the info. Even though it's not really what I wanted to hear. So I guess someone that had some plants growing over the last few months basically has no choice but to smoke it all himself then.

I guess I'll get started...

I'm not familiar with the 'job' of caregiving, but can't you use your resources within your patients? Can you front extra meds to your patients and have them pay you when they consume? Do you have any other contacts with caregivers in the area?

Also, I haven't heard any concrete evidence that cops are busting patients selling to each other on craigslist. I have heard anecdotal evidence of delivery guys getting robbed or other scams.

[valstar]

Thanks for the info. Even though it's not really what I wanted to hear. So I guess someone that had some plants growing over the last few months basically has no choice but to smoke it all himself then.

I guess I'll get started...

If you need some help with this i will be willing to help you get rid of all the extras by :rastasmoke: it with you. :thumbsup:

[SprngsCaregiver]

I guess 1284 is subject to interpretation. I'm happy to admit if I am wrong on something.

I won't ever buy medicine from someone I don't know, or someone who can't show me their redcard. I won't ever buy more than 2 ounces at a time.

In my opinion, patient to patient sales are legal, for me. I'm not trying to make a profit or sell to patients on craigslist.

Without looking into it, what was just quoted doesn't explicity state that patient to patient sales are illegal. I think sprngscrgvr is saying that because patient to patient sales aren't specificially and explicitly discussed in 1284/109, that we can safely assume that p2p is now illegal? I don't want to put words in that posters mouth, but I disagree.

Does the legislation ever say, 'patient to patient is illegal' or are we left to interpret ourselves?

I just think it's pretty straigght forward. I also swear there was something in 1284 that said a caregiver can only sell to their 5 patients but I cant seem to find it.. Maybe they removed it? That would be sweet!

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

I agree patient to patient, caregiver to any patient sales should be legal but you're giving the guy bad info if you ask me. Note it says "transfer, give away or acquire" so dont think you're safe because you're not making a profit.
No it doesnt say "patient to patient is illegal" it says "IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE AWAY, OR ACQUIRE MEDICAL MARIJUANA EXCEPT AS ALLOWED PURSUANT TO THIS ARTICLE.
Does it say patient to patient is legal in 1284?

[cologrower420]

I just think it's pretty straigght forward. I also swear there was something in 1284 that said a caregiver can only sell to their 5 patients but I cant seem to find it.. Maybe they removed it? That would be sweet!

I agree patient to patient, caregiver to any patient sales should be legal but you're giving the guy bad info if you ask me. Note it says "transfer, give away or acquire" so dont think you're safe because you're not making a profit.
No it doesnt say "patient to patient is illegal" it says "IT IS UNLAWFUL FOR A PERSON TO BUY, SELL, TRANSFER, GIVE AWAY, OR ACQUIRE MEDICAL MARIJUANA EXCEPT AS ALLOWED PURSUANT TO THIS ARTICLE.
Does it say patient to patient is legal in 1284?

I think we'll have to agree to disagree. I'm sure we both agree that this legislation sucks. You're saying it's illegal because it says, 'it is unlawful...' and describes a process. I take the position that since the legislation doesn't specifically say, 'no p2p', then I'll interpret it as such.

I don't think we need to argue this. I gave my opinion and explained it, you did the same. Let's let people make their own decisions.

If you don't think I'm seeing anything, please tell me. I don't agree that I'm giving misinformation though, that's not what I'm trying to do anyway, but I think that's clear.