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Patient To Non-Patient Transfer

Marvin

By Marvin
in Legal Professionals

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Marvin Newbie

Marvin

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The MMMA is very clear on SALES to non-patients, but what about simply GIVING small amounts away? Example: A friend who is not a registered MMJ patient (perhaps able to use AD, but I don't know that) stops by having a bad day. I give them a small bud from my legal meds to take with them or offer them a few puffs off my vaporizer. What, if any law would this violate?

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pic book Advanced Member

pic book

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Yes, the gratis transfer violates the law. The charge depends upon the prosecutor. From misdemeanor to felony. Your attorney fees could range frfom $800 to $15,000 down to zero is you're indigent. You can do it ten thousand times and not catch a case until that one time when circumstances are right for things to go wrong.

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anonymousgrower? Advanced Member

anonymousgrower?

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If he assisted you in medicating your pain then he would be able to use the A.D.

You could lose your card and be fined for giving away your meds, or consuming your meds with a non registered pt.

Just because we give something away or don't charge for it doesn't make it legal; it would still constitute distribution of marijuana.

 

I would tell your buddy to go get legal!

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Kingdiamond Advanced Member

Kingdiamond

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The MMMA is very clear on SALES to non-patients, but what about simply GIVING small amounts away? Example: A friend who is not a registered MMJ patient (perhaps able to use AD, but I don't know that) stops by having a bad day. I give them a small bud from my legal meds to take with them or offer them a few puffs off my vaporizer. What, if any law would this violate?

Not good man you can be stripped of your card and your no longer protected from prosecution dont do it!

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Hempcheff Advanced Member

Hempcheff

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Is your friend a qualifying patient as defined by the law? Either way, its not a good idea under the current scenario. while any amounts in his system can be attributed to second hand ingestion, which is covered in the law, it still isnt a good idea to do.

 

then again, risk is a comfort level tailored to each individual and loose lips sink ships.

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old-hobo Advanced Member

old-hobo

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any registered qualifing patient or registered primary cg WHO SELLS MARAJUANA TO SOMEONE WHO IS NOT ALLOWED TO USE MARAJUANA FOR MEDICAL PURPOSES UNDER THIS ACT SHALL HAVE HIS(HER) REGISTRY IDENTIFICATION CARD REVOKED AND IS GUILTY OF A FELONY , PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 2 YRS OR A FINE OF NOT MORE THAN $2000.00 OR BOTH , IN ADDITION TO ANY OTHER PENALTIES FOR THE DISTRIBUTION OF MARAJUANA....... SEC 333.26425 rules

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Marvin Newbie

Marvin

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any registered qualifing patient or registered primary cg WHO SELLS MARAJUANA TO SOMEONE WHO IS NOT ALLOWED TO USE MARAJUANA FOR MEDICAL PURPOSES UNDER THIS ACT SHALL HAVE HIS(HER) REGISTRY IDENTIFICATION CARD REVOKED AND IS GUILTY OF A FELONY , PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 2 YRS OR A FINE OF NOT MORE THAN $2000.00 OR BOTH , IN ADDITION TO ANY OTHER PENALTIES FOR THE DISTRIBUTION OF MARAJUANA....... SEC 333.26425 rules

I read this part of the law. It only refers to sales. My question concerns the gift of a small amount(sharing a joint).

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Kingdiamond Advanced Member

Kingdiamond

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I read this part of the law. It only refers to sales. My question concerns the gift of a small amount(sharing a joint).

I really dont think this is something we want law enforcement to see anyway you look at what your asking its against the law do you really want to roll the dice in a court case over this?

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Royal Smoke Advanced Member

Royal Smoke

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I don't see how this would be any different than giving a friend a Vicodin pill or an Oxycontin, because they have a headache.

 

 

Or a Xanax, cause they're having a bad day.

 

 

It's not legal. A good friend wouldn't rat out who gave it to them though.....

 

Moral of the story: Choose your friends wisely......;)

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  • 2 months later...
lawyercaregiver Advanced Member

lawyercaregiver

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Sales or gift is the same thing in this circumstance.

 

Just sayin.......

 

No it is not. I will say it again: Distribution Without Remuneration is a Misdomeanor not a felony. There is a BIG difference.

 

The poster who clarified my earlier is correct. Only a felony will get your CG card pulled. However, my point was you could STILL theoretically be charged and convicted of a felony if the prosecutor is a rectum head. Who knows what a jury will do? Not me for sure.

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Ionic7 Advanced Member

Ionic7

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The MMMA is very clear on SALES to non-patients, but what about simply GIVING small amounts away? Example: A friend who is not a registered MMJ patient (perhaps able to use AD, but I don't know that) stops by having a bad day. I give them a small bud from my legal meds to take with them or offer them a few puffs off my vaporizer. What, if any law would this violate?

 

 

I find it odd that you even have to ask if its legal to give your meds to someone who is not legal to use them, use some common sense dude.

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treehugger Advanced Member

treehugger

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Distribution without remuneration is a Misdemeanor. :thumbsu:

 

Not a threat to your card but you could be barred from being a CG.

 

That may be an affirmative defense in court, but i have to believe you would need to prove you received no recompense to either the prosecutor or a jury. Either way is difficult and costly, to say the least...

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old-hobo Advanced Member

old-hobo

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I just had to laugh at some of the responces to this thread. plain and simple , if you give,gift or any other word you want to use, you are breaking the law period. this law is to protect patients , not for you to have a party with your friends......

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