Where Does A Caregiver Legally Acquire Clones/Seeds For Their Patients?

[Space Farm]

Here is the actual paperwork on that case.

20110823_c301951_67_301951.opn.pdf

[restlesslegs]

Here is the actual paperwork on that case.

Is there a html link for this? Otherwise you have to download it and I don't trust downloads anymore since I got a nasty virus from one and I lost a lot of important info.

[Space Farm]

Is there a html link for this? Otherwise you have to download it and I don't trust downloads anymore since I got a nasty virus from one and I lost a lot of important info.

 

I can assure you that I live my life by morals and karma, and I would never ever upload a virus to a computer system supporting freedom.

 

Also, usually with .pdf files you're good. (unless they are super large which means they could contain embedded content) It's the .exe files you have to watch out for. And hackers aren't even using those methods anymore they are putting trojans directly into your computer with spyware and cookies. Antivirus picks up all the old "methods".

 

I tried to copy the link, google won't let me.

 

Just google search "michigan caregivers not allowed to sell to other patients" if you're that weary.

 

It came up as number one for me.

[Space Farm]

Similar discussion on rollitup

 

http://www.rollitup.org/michigan-patients/439108-article-norml-about-craiglist-marijuana.html

[Space Farm]

Ok people this is my final conclusion. Jump in and stop me if I'm wrong.

 

 

Under "MICHIGAN" law "PATIENTS" are only allowed to receive "MEDS" from their "PRIMARY" "CAREGIVER".

 

This is protection against an open drug market with delivery services selling "MEDS" to anyone with a medical license.

 

They want you to only be able to receive "MEDS" from the "PRIMARY" "CAREGIVER" you list on your application, whether it be yourself or someone else.

 

"MEDICAL MARIJUANA" is defined as plant material either live or dead, but does not count "SEEDS" or "SCRAPS".

 

"MEDS" are dead plant material not defined as "SCRAPS".

 

"PLANTS" are defined as plant material containing live roots.

 

The Medical Marijuana Program does not provide or even DEFINE information about where a "PRIMARY" "CAREGIVER"'s "PLANTS" are to be acquired from.

 

NOR does it state that a "CAREGIVER" cannot receive "PLANTS" from another "CAREGIVER" to treat his/her "PATIENT(S)".

[restlesslegs]

Actually Michigan Supreme Court ruled that patients are only allowed to receive meds from THEIR documented caregiver.

 

Being that just about every dispensary is run by Caregivers, this would make Dispensaries illegal UNLESS the dispensary is ONLY providing meds to THEIR patients registered with the state.

 

http://www.michiganc...n-v-compas.html

 

And yes I will be seeking an Attorney to "read this to me because I'm retarded" but before then I thought it would be appropriate to get FREE information from the Michigan Medical Marijuana Association No?

 

.

'

 

OK took me a bit because I don't comprehend like I used to. Bb has posted this here before when I asked about this same thing, and I believe more then once. They did not resolve the dispute whether a caregiver must only be compensated by his patient or a registered patient. Only that patient to patient transfer are illegal as a sale.

 

Redden, 290 Mich App at 115 (O’CONNELL, P.J., concurring) (emphasis in original).

In conclusion, the “medical use” of marihuana does not include patient-to-patient “sales”

of marihuana, and neither § 4(e) nor § 4(k) permits the sale of marihuana. Defendants, therefore,

have no authority under the MMMA to operate a marihuana dispensary that actively engages in

and carries out patient-to-patient sales of marihuana.16 Accordingly, defendants’ operation of

CA is not in accordance with the provisions of the MMMA.17

16 In addition, because the “medical use” of marihuana does not include the “sale” of marihuana,

defendants are not entitled to receive compensation for the costs of assisting in the “sale” of

marihuana between CA members. See MCL 333.26424(e) (“A registered primary caregiver may

receive compensation for costs associated with assisting a registered qualifying patient in the

medical use of marihuana.”). Also, in regard to § 4(e), the parties disagree whether a registered

primary caregiver may receive compensation for the costs associated with assisting any

registered qualifying patient in the “medical use” of marihuana or whether a registered primary

caregiver may only receive compensation for assisting the qualifying patients with whom he or

she is connected through the MDCH registry process. Because of our conclusion that the

“medical use” of marihuana does not include the “sale” of marihuana, we need not, and therefore

do not, resolve this dispute.

 

 

[Medcnman]

Ok. Let me try to answer Space Farms original question. Using the information obtained in this thread, it would seem, now this is my interpretation, that under 4(e), a Caregiver is allowed to receive compensation for costs involved with the use of medical marijuana. CoP Ruling, Aug. 2011 finds "Patient to patient sales" illegal. It is, however legal to receive meds for free. I would assume this would cover clones or seeds. So, in my theory, you could obtain clones, seeds or meds from a caregiver and offer compensation for the caregivers costs involved in the use of medical marijuana. OR. You could get your asssociated supplies from another patient as long as they were free of charge for money or other services. BUT..... I'm not a judge. I hope this helps my friend. Medcnman.

[Cannab Rx]

Actually Michigan Supreme Court ruled that patients are only allowed to receive meds from THEIR documented caregiver.

 

Being that just about every dispensary is run by Caregivers, this would make Dispensaries illegal UNLESS the dispensary is ONLY providing meds to THEIR patients registered with the state.

 

http://www.michigancriminallawyers-blog.com/2011/08/michigan-court-of-appeals-rules-medical-marijuana-dispensaries-illegal-in-state-of-michigan-v-compas.html

 

And yes I will be seeking an Attorney to "read this to me because I'm retarded" but before then I thought it would be appropriate to get FREE information from the Michigan Medical Marijuana Association No?

 

.

 

? I guess i'm retarded as I have an Attorney on retainer and seek his advice in these matters since in am not an expert.

 

and .Ah, no......you could be basing your decisions on faulty information and tribal knowledge. You will get excellent information here, but need to know how to interpret and use it for your unique situation.

 

The way of a fool is right in his own eyes, but a wise man is he who listens to counsel..............

 

gook luck your a trip...lol

[Space Farm]

Ok. Let me try to answer Space Farms original question. Using the information obtained in this thread, it would seem, now this is my interpretation, that under 4(e), a Caregiver is allowed to receive compensation for costs involved with the use of medical marijuana. CoP Ruling, Aug. 2011 finds "Patient to patient sales" illegal. It is, however legal to receive meds for free. I would assume this would cover clones or seeds. So, in my theory, you could obtain clones, seeds or meds from a caregiver and offer compensation for the caregivers costs involved in the use of medical marijuana. OR. You could get your asssociated supplies from another patient as long as they were free of charge for money or other services. BUT..... I'm not a judge. I hope this helps my friend. Medcnman.

 

So are we then in agreement that the legislature really has no case against a licensed Caregiver openly selling Cannabis plants to other licensed Caregivers looking for specific strains to treat their specific conditions?

 

Now how about this.

 

We know from fig 3 that licensed Caregivers are not allowed to "pool" their plants together under one roof.

 

Now let's say I am a licensed Caregiver with 4 other patients plus myself. Now lets also say that my Roommate who shares a duplex with me is also a licensed Caregiver with 4 other patients plus herself. That would allow 120 plants under that roof being that we were not sharing the same garden space correct?

[Space Farm]

? I guess i'm retarded as I have an Attorney on retainer and seek his advice in these matters since in am not an expert.

 

and .Ah, no......you could be basing your decisions on faulty information and tribal knowledge. You will get excellent information here, but need to know how to interpret and use it for your unique situation.

 

The way of a fool is right in his own eyes, but a wise man is he who listens to counsel..............

 

gook luck your a trip...lol

 

Before I hire a blood sucking lawyer I'm going to try and research this stuff myself so I don't look like easy prey when I start asking basic questions ect.

 

That's why we're here having this discussion lol

[Cannab Rx]

Before I hire a blood sucking lawyer I'm going to try and research this stuff myself so I don't look like easy prey when I start asking basic questions ect.

 

That's why we're here having this discussion lol

 

 

makes sense

[+wolfgang]

I have heard of an overseas case where a large farm was raided, and charges were dropped because the man somehow proved that being and organic farmer and growing from seed ect, he needed that many plants for his patients conditions ect...

friend the best advice told to me when we started out we read the law then READ it again,and again. It matters and you will be glad you did.

[+wolfgang]

So are we then in agreement that the legislature really has no case against a licensed Caregiver openly selling Cannabis plants to other licensed Caregivers looking for specific strains to treat their specific conditions?

 

Now how about this.

 

We know from fig 3 that licensed Caregivers are not allowed to "pool" their plants together under one roof.

 

Now let's say I am a licensed Caregiver with 4 other patients plus myself. Now lets also say that my Roommate who shares a duplex with me is also a licensed Caregiver with 4 other patients plus herself. That would allow 120 plants under that roof being that we were not sharing the same garden space correct?

that would seem to make sense,but I have always heard dont go aove 99,feds will take a harder look if you go beyond that. trust me on one thing LEO does not KNOW the law that has been proven time and time again,so you better make sure that YOU know it.

[+JuztBudz]

If it were me and I were just starting out I would go to one of the various 'farmers markets' that have operated throughout the state...or go to a local compassion club, these are there for patients and caregivers and they give you a good place to start. Better than ordering seeds through the internet or by mail. Usually there is someone at the CC's that has access to a variety of seeds, and you can usually pick up clones from someone within a CC, once you have established yourself with the club. I personally have given away (with no compensation) both items, by the hundreds while I was in charge of a CC. Now I work with individuals who have established their identities within the various CC's that I am member of...I do not deal with complete strangers. I do expect those that I assist to "pay it forward", i.e. help someone else out in the future, that is the only compensation that I look for. Good luck in your search...Peace ... j.b.

[Space Farm]

that would seem to make sense,but I have always heard dont go aove 99,feds will take a harder look if you go beyond that. trust me on one thing LEO does not KNOW the law that has been proven time and time again,so you better make sure that YOU know it.

 

According to NORML's website, the first charge is 1-19 plants and the second charge is 20 - 199 plants, then after 200 they really don't like you...

 

http://norml.org/laws/penalties/item/michigan-penalties-2

[restlesslegs]

So are we then in agreement that the legislature really has no case against a licensed Caregiver openly selling Cannabis plants to other licensed Caregivers looking for specific strains to treat their specific conditions?

 

Now how about this.

 

We know from fig 3 that licensed Caregivers are not allowed to "pool" their plants together under one roof.

 

Now let's say I am a licensed Caregiver with 4 other patients plus myself. Now lets also say that my Roommate who shares a duplex with me is also a licensed Caregiver with 4 other patients plus herself. That would allow 120 plants under that roof being that we were not sharing the same garden space correct?

 

Right as long as they are in a separate locked area Only accessible to the caregiver whose patients plants he is growing. Yep the laws are clear, clear, clear as a creek after a down pour

[Space Farm]

Right as long as they are in a separate locked area Only accessible to the caregiver whose patients plants he is growing. Yep the laws are clear, clear, clear as a creek after a down pour

 

Clear as High Brix Molasses in February...

 

Took me 2 days of data mining to even put an "idea" together of what they "might" mean...

[Space Farm]

Update on the Compassionate Apothecary case.

 

http://www.freep.com/article/20120329/NEWS06/203290580/State-s-high-court-to-hear-medical-pot-case

[LongHairBri]

Actually Michigan Supreme Court ruled that patients are only allowed to receive meds from THEIR documented caregiver.

 

Being that just about every dispensary is run by Caregivers, this would make Dispensaries illegal UNLESS the dispensary is ONLY providing meds to THEIR patients registered with the state.

 

http://www.michigancriminallawyers-blog.com/2011/08/michigan-court-of-appeals-rules-medical-marijuana-dispensaries-illegal-in-state-of-michigan-v-compas.html

 

And yes I will be seeking an Attorney to "read this to me because I'm retarded" but before then I thought it would be appropriate to get FREE information from the Michigan Medical Marijuana Association No?

 

.

ACTUALLY, the Michigan Supreme Court hasn't ruled on squat. there are now 3 cases before them that will clear things up. INCLUDING the COA decision against CA, the case your stating.

 

ALSO, that COA ruling omitted ANY mention of who a caregiver can dispense overages to. that ruling negated patient to patient for money. nothing else

[Space Farm]

ACTUALLY, the Michigan Supreme Court hasn't ruled on squat. there are now 3 cases before them that will clear things up. INCLUDING the COA decision against CA, the case your stating.

 

ALSO, that COA ruling omitted ANY mention of who a caregiver can dispense overages to. that ruling negated patient to patient for money. nothing else

 

Actually, we've already went over everything you just posted in this thread. But thanks.

[Medcnman]

Actually, we've already went over everything you just posted in this thread. But thanks.

Dont poke the bear. Thanks, Medcnman.

[Space Farm]

Dont poke the bear. Thanks, Medcnman.

 

I don't take kindly to smart-donkey remarks by anyone especially site administrators.

 

If you want to be of help don't come off as a dick.

 

ACTUALLY, the Michigan Supreme Court hasn't ruled on squat. there are now 3 cases before them that will clear things up. INCLUDING the COA decision against CA, the case your stating.

 

ALSO, that COA ruling omitted ANY mention of who a caregiver can dispense overages to. that ruling negated patient to patient for money. nothing else

 

CAPS IS USED TO ACCENT OR YELL AT SOMEONE.

 

Trying to correct me in this manner is extremely rude and in shows you are tying to "talk down" or "put someone in their place"

 

Thanks.

[Space Farm]

I don't take kindly to smart-donkey remarks by anyone especially site administrators.

 

If you want to be of help don't come off as a dick.

 

ACTUALLY, the Michigan Supreme Court hasn't ruled on squat. there are now 3 cases before them that will clear things up. INCLUDING the COA decision against CA, the case your stating.

 

ALSO, that COA ruling omitted ANY mention of who a caregiver can dispense overages to. that ruling negated patient to patient for money. nothing else

 

CAPS IS USED TO ACCENT OR YELL AT SOMEONE.

 

Trying to correct me in this manner is extremely rude and it shows you are tying to "talk down" or "put someone in their place"

 

Maybe that's why the same 10 people use this forum.

 

I have no problem sharing my information and genetics with people who are actually polite.

 

Thanks.

[LongHairBri]

hostile much? your reading words on the internet. JUST WORDS. the inflection you are giving them is your own. you've stated falsehoods as fact and when corrected you lash out. drop this crap or be sent on a vacation. there's too much going on with the law to deal with you/your bs

[David1946]

hostile much? your reading words on the internet. JUST WORDS. the inflection you are giving them is your own. you've stated falsehoods as fact and when corrected you lash out. drop this crap or be sent on a vacation. there's too much going on with the law to deal with you/your bs

 

Since when is that type of hostility by a newbie tolerated...