Quote Originally Posted by puntacometa
Think about it. If you're selling, even to another registered patient, you're still dispensing.
dispense: Definition, Synonyms from Answers.com
Whether it's constitutional or not, dispensing is regulated by 1284. Stopping P2P transactions (dispensing) would seem to be what 1284 is all about actually since it puts the grower/patients and non grower patients whose privacy they are trying to invade outside the reach of their cameras and fingerprint scanners and leaves it up to the grower/patients to obey the law, not sell or be in possession of more than two ounces of usable product and report their transactions to the non grower patients as income which would then be taxed, which the grower/patient is not going to do because then they will fall under the "caregiver" designation and if the patient the grower/patient sells to is not his patient, then he's in violation of 1284. These are not Warren Edson's words, they are my own opinions. I wouldn't mind at all if I was wrong.


I totally agree with you that under 1284 it is not legal, and obviously that was a big part of their intent with the bill, but the real issue is how the constitution is interpreted:

(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.

Assist has to mean provide, what else could it mean? I think one would have a very good chance of successfully making that argument in court and law enforcement knows it. You still see people openly 'assist other patients' on Craigslist and as far as I know nothing has happened to anyone. Obviously that doesnt mean it wont and and probably eventually will.

As far as Edson, he has a vested interest to interpret the law in the manner that benefits him the most. Within days after the passage of 1284 he was on Facebook arguing with Kathleen and a few other people on how great 1284 was and how being a caregiver growing in your home has always been illegal due to zoning regulations. I've also heard he helped craft 1284 or at least had some input to it so I take what he says with a grain of salt.
Zedleppelin Reviewed by Zedleppelin on . 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