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

Here it is again. This is plain English. There is nothing to interpret. This is a sentence with one meaning. It sucks but it is fact and law. Im sure LEO gets the same meaning out of this sentence as the rest of us. Maybe this doesnt apply to you and your buddy who you are curiously defending. I guess you guys have diplomatic immunity or something. Not trying to insult or start arguments but if you are going to dish out answers to people regarding subjects that have serious consequences you should at least actually know what you are talking about or not say anything at all. If you didnt know electrical you wouldnt try to tell someone how to wire up a 240 volt circuit while the panel is live would you? Of couse not because you would most likely get the person blown out of their shoes.

You are correct, it is very specific, very cut and dry. But there are other things that come into play here, mainly ARTICLE XVIII Section 14 of The Colorado Constitution, which in part says:

'(d) Notwithstanding the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use.'

This is a lot more vague than 1284 but it is saying you are not protected from acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for anything OTHER than medical marijuana. So in essence it is saying YOU ARE protected all those things if it IS for medical use. So selling for medical use is protected by the state constitution.

Then there's this:

(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.

Now, this is saying assisting in the medical use of medical marijuana shall be exempt from the states criminal laws. I would argue selling to a patient is assisting in the medical use of marijuana, yet 1284 attempts to override both this and the above paragraph of the constitution.

As we all know, constitutional amendments are the law of the land and cannot be taken away from through legislation, but the problem here is the constitution is a lot more vague than 1284 and therefore open for quite a bit more interpretation. Again, as we all know, if something is vague judges will a lot of times conclude their own interpretations based on ideology, but I do believe once it got to the state supreme court (or before) parts of 1284 will be ruled unconstitutional. I guess it will take someone getting charged, convicted, and filing appeals before it gets that far. Personally I dont feel like being that guinea pig.