Transfers

[Letterhead954]

“You cannot transfer marijuana to a person that is not your patient, and you cannot profit from it.”

 

I just read this quote by our prosecutor in our local newspaper. This was stated in a meeting where our city counsel voted to renew their moratorim on dispenseries. When and how was this established as law? I understand the COA ruling to say that medical transfer is not a sale, and that therefore concerning the controversy between a cg transfering to any patient vs only their own patient(s) is something they did not have to rule on, and therefore didn't. Is my understanding accurate? If not based somehow on the COA ruling, is this based on Schuette's 'opinion'? If so, do prosecutors have to abide by the AG's opinion of what the law says? I'd like to know because if she is wrong I would like to write her. But if the AG's 'opinion' is law, then I'd be wasting my breath.

I know this has been discussed on other threads, so if someone can point me to the info I'd appreciate it. Otherwise, can anyone sum this up for me? Thanks!

[kruztydj]

So in short you PA is full of crap.Mr Bill is full of crap and his opinions are the same. No this was not ruled on yet as far as patient to patient transfers. Only caregivers can charge to be reimbursed for the growing of the meds and what you charge for your time and skill is up to you. Thats just getting reimbursed and does not mean a profit. Just means your time and skill are not for free. Electric, equipment my time and skills are all not for free so is the cost in doing a patients grow for them.

[bobandtorey]

back when i first came here in Dec 08 or Jan 09 this was talked about a lot and at that time most people were told that as a card carrying person we could get are meds from anyone but the people that we got them from could be arrested

[JMedical]

I really wish we could have a supreme court ruling on this soon. Leaving this decision to a prosecutors interpretation is a little subjective, and a LOT scary.

[Croppled1]

back when i first came here in Dec 08 or Jan 09 this was talked about a lot and at that time most people were told that as a card carrying person we could get are meds from anyone but the people that we got them from could be arrested

 

This is what I was told also and the MDCH was in attendance supporting that veiw with the cannabis attorneys . I just want to comment on one item and it isn't going to be welcomed I am sure . I am not saying this to offend or hurt anyone . I say this to try to help others and protect them . Labor or time above actual expenses paid out of pocket may not hold up in court as a reimburseable expense in this discriminatory environment - I just don't know and wish someone could give me a example of a court recognizing it . As a caregiver I would never tell anyone you include your time and labor in your remuneration for any activity associated with growing until this is cleared up for sure .

 

Remember the Government doesn't like this activity . The discrimination to put participants in violations of other law is constant . We have had the IRS and Supreme Court going so far as to say no expenses are deductable for tax treatments ( Harborside Non Profit Corp. ) under Federal Law due to the illegal nature of growing cannabis but of course they want tax money reflecting every penny of what is taken in creating a environment nobody can reasonabley comply with . Its just the facts . Even if you don't comply with that unfair treatment you definitely would owe taxes on anything taken in as Labor or profit whether the activity is illegal under Federal Law or not . I invite anyone to correct me on this if I am wrong . However as a caregiver I would never discuss your remuneration from a patient reflecting a hourly labor componant or profit until the courts rule that it is allowed under costs . I would keep receipts , milage records etc . It would be helpful if the State defined the term " costs " . I know when the courts apply it they do include professional fee's . It truly is sad with 17 States and DC now having some form of legal medical cannabis the Federal Government has not developed a legal tax treatment for medical use similar to the treatment of aloe or other medical plants . Every year for over a decade a Federal Bill is put into commitee to legalize medical cannabis and afford it normal treatment but our Politicians punt .

 

(e) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled substances