Supreme Court Ruling - McQueen - Compassionate Apothacary

[bobandtorey]

 

 

Don't even want to start one single word toward that discussion.

 

Just saying it should be assumed here.

 

While you were legal, there has been criticism here that you talked about starting plants on this site. As if talking about legal activities were a crime or something ..

 

Thanks and that's the way I see it to

[Ms Chocolate]

Sure, and it would -- but that patient might have excess, and just like how caregivers have done it before, so long as it only leaves in the hands of a qualifying patient. If that patient also provides caregiver services, they are helping to treat and alleviate another patient's ailments as their caregiver. Point being is, it may at least stall for some time until a new ballot initiative to make dispensaries legal at the bare minimum gets before the voters, and I hope in 2 years. Point being is, there's so many patients/caregivers right now that going after small groups requires far more resources and manpower. Storefronts are easy pickings.

Do you think that LEO will see the 15 ounces purchased by one registered patient from his/her caregiver, and then resold to that patient’s patients will be seen as a purchase for their “own personal medical use”? You may be helping to treat and alleviate another patient's ailments, but if your purchase was for “your own use”, why do you have a list of people waiting to purchase “your purchase”? This sounds like a way to insure that everyone will need to utilized Section 8.

Edited February 10, 2013 by Ms Chocolate

[Restorium2]

That seems to be the case here. Then what is the specific purpose of a caregiver with no plant rights?

And here's a very good one for you; They can make extract for a patient.

[Northern Lab]

 

And here's a very good one for you; They can make extract for a patient.

 

How? They have no plant rights.

[J4T]

 

 

What, do you have little name tags on each plant explaining who that plant is for?

 

 

yes I do have a tag with each patients ID # and which # of their 12 plants. guess any new patient better sign on with a established caregiver and all new patients who are just starting their grow will have to wait for relief till their first crop comes in... if it comes in... oh and hope you never want to go on vacation or leave your home for more than 48 hours.

[Ms Chocolate]

What of a caregiver with no plant rights? Where is said cg going to acquire meds?

Exactly! This ruling did not consider the caregiver who does not grow. Like far too many people, the court ran with the idea that the duty of the caregiver is to grow, not to acquire and/or provide marihuana for the patient.

 

This is another reason why the daisy-chain theory would bounce people into the world of Section 8.

[Highlander]

What, do you have little name tags on each plant explaining who that plant is for?

 

We can be sure he won't take a cutting from "Patient A's" plants to make clones or the new "patient B" either.

[phaquetoo]

As evidenced by this quote, I allow everyone to have their ridiculous interpretations on this site.

I dont know about some people, but I would think the pm system is the way to go on that, but hey! to each his/her own, I like how ya handle the site, it gets ugly alot of times and sometimes im right there in the middle of it, It is nice to be able to speak your mind here, but the ganging up on a few is getting old also! like a bunch of whinnie beaches! hey i resemble that aqusation some times eh?

 

Peace Zap your doing just fine!

 

Jim

[Northern Lab]

 

Exactly! This ruling did not consider the caregiver who does not grow. Like far too many people, the court ran with the idea that the duty of the caregiver is to grow, not to acquire and/or provide marihuana for the patient.

 

This is another reason why the daisy-chain theory would bounce people into the world of Section 8.

 

Agreed.

 

Let me present a specific scenario. You have a husband and wife team, both are caregivers.

 

Each has 5 patients, however, the husband does not have any plant rights for the patients on his roster.

 

Is it illegal to transfer from the wife caregiver, to the husband caregiver for the purpose of providing his patients with plants and/or meds?

 

Is the husband allowed inside the wife's grow room?

[Ms Chocolate]

That seems to be the case here. Then what is the specific purpose of a caregiver with no plant rights?

I have always said that should I become a caregiver, it would be to provide topicals and medibles for those who could not produce their own. Until this last SC ruling, my though was that I was covered (without doubt) under Section 4; but not now

[Northern Lab]

 

I have always said that should I become a caregiver, it would be to provide topicals and medibles for those who could not produce their own. Until this last SC ruling, my though was that I was covered (without doubt) under Section 4; but not now

 

Right. How can your patient legally transfer product to you so you can make edibles for them?

 

 

[Highlander]

Agreed.

 

Let me present a specific scenario. You have a husband and wife team, both are caregivers.

 

Each has 5 patients, however, the husband does not have any plant rights for the patients on his roster.

 

Is it illegal to transfer from the wife caregiver, to the husband caregiver for the purpose of providing his patients with plants and/or meds?

 

Is the husband allowed inside the wife's grow room?

 

Let's say for the sake of discussion he is allowed in the GR. Why is here there - not just to look at cannabis, but I think the question he, Can he touch/work with, grow, these plants. And I think the answer is probably "no" because it comes back to that question the SC asked "How does giving away/selling MMJ alleviate the giver's condition?" Similarly, the husband CG has section 4 protection for assisting the patients connected to him through the registry - not patients connected to his wife.

 

Isn't there something about a spouse not having to testify against the other?

 

If you've ever had the cops called to your house for a domestic matter, then maybe this arrangement wouldn't work. Otherwise, if a tree falls in the forest and noone is there to hear it...???

[Ms Chocolate]

Agreed.

 

Let me present a specific scenario. You have a husband and wife team, both are caregivers.

 

Each has 5 patients, however, the husband does not have any plant rights for the patients on his roster.

 

Is it illegal to transfer from the wife caregiver, to the husband caregiver for the purpose of providing his patients with plants and/or meds?

 

Is the husband allowed inside the wife's grow room?

No & No

Transfers can only be between contacted caregiver and patients.

No one is allowed in the growroom but the caregiver and/or patient

[Northern Lab]

 

 

Let's say for the sake of discussion he is allowed in the GR. Why is here there - not just to look at cannabis, but I think the question he, Can he touch/work with, grow, these plants. And I think the answer is probably "no" because it comes back to that question the SC asked "How does giving away/selling MMJ alleviate the giver's condition?" Similarly, the husband CG has section 4 protection for assisting the patients connected to him through the registry - not patients connected to his wife.

 

Isn't there something about a spouse not having to testify against the other?

 

If you've ever had the cops called to your house for a domestic matter, then maybe this arrangement wouldn't work. Otherwise, if a tree falls in the forest and noone is there to hear it...???

 

Oh no, I am NOT risking stepping outside of this very very strict interpretation of our law.

 

 

[Restorium2]

How? They have no plant rights.

The patient has the plant rights and they grow the plants silly. Why else didn't the caregiver have them?

[bobandtorey]

the 21 day rule is for section 4 protection.

 

a cancer patient.. strike that..

any patient may use the veil of protections offered by section 8 the minute their doctors rec is signed.

 

they then need to find a caregiver or grow their own... many new folks will need to find a caregiver to help them get established and up and running.

once self sufficient they should be able to go it on their own.

 

most caregivers i know... who are experienced now have a consistent supply and a perpetual harvest so signing new patients is not an issue.

 

the issue becomes finding them and connecting them to each other.

 

welcome back Compassion Clubs...

 

I do agree with you but as I have read before that a CG must keep the 12 plants inn a Separate room so they need 5 grow rooms ? In their home

With tags on the plants for who's plants they are

 

So am Confused and no other can go in that room to help Except the caregiver?

[Ms Chocolate]

How can your patient legally transfer product to you so you can make edibles for them?

Transfer between patients and their caregiver is allowed under 4, other transfer would fall under 8

[Northern Lab]

 

The patient has the plant rights and they grow the plants silly. Why else didn't the caregiver have them?

 

It is illegal for a patient to transfer to their caregiver. Transferring meds to be made into extract to your caregiver is not lawful activity.

[Restorium2]

Agreed.

 

Let me present a specific scenario. You have a husband and wife team, both are caregivers.

 

Each has 5 patients, however, the husband does not have any plant rights for the patients on his roster.

 

Is it illegal to transfer from the wife caregiver, to the husband caregiver for the purpose of providing his patients with plants and/or meds?

 

Is the husband allowed inside the wife's grow room?

If the husband doesn't have plant rights for his 5 patients his patients must be well enough to grow their own.

 

The grow room access question is always answered by how many plants you have legal access too. If you can touch more plants than you legally have access to then you might get in trouble if inspected.

Edited February 10, 2013 by Restorium2

[Highlander]

Oh no, I am NOT risking stepping outside of this very very strict interpretation of our law.

 

Of course not. Noone would. Noone one does. This is all just fun talk.

[Restorium2]

It is illegal for a patient to transfer to their caregiver. Transferring meds to be made into extract to your caregiver is not lawful activity.

How did you come to that conclusion? You could grow your own meds and have your caregiver help you administer them. That's their job. Are you trying to say your caregiver can't even touch your meds?

[Northern Lab]

 

 

Of course not. Noone would. Noone one does. This is all just fun talk.

 

That's right.

 

 

[J4T]

if a new patient wants to grow their own the now have to wait several months for relief? or ask someone to break the law? that does not seem like what I voted for.

[Northern Lab]

 

How did you come to that conclusion? You could grow your own meds and have your caregiver help you administer them. That's their job. Are you trying to say your caregiver can't even touch your meds?

 

Um, the Supreme Court decision? Transfers from a patient to a caregiver are not allowed unless it is intended to alleviate the caregivers condition, and making extract for a patient does not relieve the caregivers condition. Only transfers from a caregiver to a patient are allowed. And only if they are connected through the registry.

[phaquetoo]

Great is their a fee for doing that?

 

bring me the mm and the butane and thats all i need from you, and maybe a few hrs!

 

Peace

Jim

 

p.s I usualy dont want any one around when i do it, but id let people watch so they can do it themselves next time!