Supreme Court Ruling - McQueen - Compassionate Apothacary

[beourbud]

What a wonderful day in the neighborhood

 

 

[bobandtorey]

section 8 keeps you conviction proof? We hope so and believe it

?

[Dr. Bob]

section 8 keeps you conviction proof? We hope so and believe it

?

 

No, section 8 gives you a chance to explain to the jury why you are not a criminal.

 

For example if you shoot someone coming into your house at night you violated section 4 so to say, you killed someone. But you get to claim 'self defense' (section 8) and it is up to the jury if they buy it.

 

Now for all you concrete ideation types I am not comparing violating the MMMA to murder, it is an analogy.

 

Dr. Bob

[bobandtorey]

No, section 8 gives you a chance to explain to the jury why you are not a criminal.

Not in Oakland County yet but soon it will and thats what I got out of this ruling again they said we have a right to tell a jury the truth

 

And that's good for all

[GregS]

whoa! that adds a condition to being a CG, must be a patient?

 

Not as a requirement, but as a useful tool to remain compliant with the law.

[GregS]

[

Why Greg? Why?

 

Always has to be an angle to abuse.

 

Abuse? This is a suggestion intended to prevent abuse and help assure adherence to the law and this ruling.

Edited February 9, 2013 by GregS

[hic]

 

 

I agree Doc but will add

 

Our job now is to help people become caregivers and help patients find those caregivers. When the venting is over, it is my hope we will turn our considerable expertise and attention to that issue.

 

Get the sick and caregivers off the battle lines and court

 

Send me new potential caregivers full of heart. I have been waiting. I am glad to hear thie gonna shut em down for the most part. Sure would suck not to be able to find a caregiver though.

 

Does the law state if it is legal for me to give free clones yet? It is by far from medicine or useable marijuana in that form. Or seeds do they speak of seeds yet in the law?

 

Does the grey area of the law tell people their legal options for obtaining medical genetics yet?

[bobandtorey]

Yesterday you could today you can't tomorrow who knows and we have the Koon case coming down wether we can drive or not I think

[Highlander]

Hey people - before you continue on with notions of doom and gloom and the falling sky....

 

We keep seeing "Not enough people can grow" "Not enough people can grow quality"

 

How would legal dispensaries and p2p transfers change this? They don't.

 

If there were enough patients and CGs producing enough meds to supply dispensaries, the new ruling won't change that. People can grow the same amount of meds. We didn't have large scale grows yesterday, and we don't have them today. Nothing changed in the supply side.

 

It is just a matter of connecting people - distribution. And several on this website seem to believe that it is just too difficult to match competent growers with patients who need them. Really? All this intellectual talk all these years about what the law does and doesn't say in the name of supporting dispensaries and nary a word about fixing the simple problem of connecting patients and CGs directly.

[cristinew]

the new spin February 8, 2013

MI SUPREME COURT: Only Caregivers Can Operate Dispensaries

 

 

http://marijuanapatients.org/mi-supreme-court-only-caregivers-can-operate-dispensaries/

 

what the heck they will always spin it ,

[t-pain]

i got one more dumb question

 

whos to say that me selling marijuana does not allieviate my qualifying condition or symptoms?

 

selling things makes me feel better.

[phaquetoo]

edit: edited to remove incorrect analysis

 

sales and transfers are legal, provided both parties allieviate their own conditions.

 

but the supreme court has said there is no way to transfer and allieviate their own condition.

 

You must have read something different than me, the only one that can recoup is the cg from their pt registered thru the registry, and they did not call it sales, p2p dont cut it ,,the first p will go to jail and have card taken, the 2nd p wont have anything happen to them, In a p2p the pt delivering will be breaking the law, a pt can get it from anyone, they just cant share it with anyone or sell it or transfer it!

 

Peace

Jim

[maxmax]

the new spin February 8, 2013

MI SUPREME COURT: Only Caregivers Can Operate Dispensaries

 

 

http://marijuanapatients.org/mi-supreme-court-only-caregivers-can-operate-dispensaries/

 

what the heck they will always spin it ,

 

by Marijuana Patients • Legal

 

In a 4-1 decision, the Michigan Supreme Court determined, only licensed Michigan caregivers can operate and own medical marijuana dispensaries in the State of Michigan, and concluded that patient-to-patient sales of the medicine are illegal.

 

Based on today’s ruling, the Court determined that all employees, owners, and operators of a dispensary must qualify under the State’s strict caregiver requirements, restrictions which requires caregivers to have no prior “major” felony convictions. The Court ruled that only a caregiver can receive compensation for the sale of marijuana and that dispensaries operating under a patient-patient guise can be found guilty of a public nuisance and may not receive protection in Court.

 

http://courts.michigan.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/12-13-Term-Opinions/143824%20Opinion.pdf

[phaquetoo]

I ain't heard nutthin and I ain't seen nutthin.

 

I was talking about something like, well pretty much the same thing, I have pretty much just been chillin and seeing what is happening around me, and what is happening in other places, Its a slow no loose lips deal, I wish I could find the thread, but any how, now im kind of worried about that kind of plan.

 

Remember ive never believed dispenses or f,m's or p2p or c.g to any pt was legal! I found a good c.g since and for many reasons!

 

any how since every thing seems to be the same to me today as it was way back than, Im thinkin lots are gonna start trying this and well we may screw our selves, im a pt with a c.g and im a c.g for a pt, In my my opin c.g's want the despenses so they can get a pay day and not charge their pts as much, and the pt"s want it because they either dont have a c.g or the c.g isnt keeping up, I mean most of the dispenses I checked out want double of what they were paying for it,

 

I do want to say Im sorry for those of you who this ruling didnt help much or any!

 

Im thinking we should move slowly and do some major research on the chain thing!

 

Ive always liked the Idea but the main reason for my thinking was to help those who couldnt get it regularly the links have to go state wide, we need to be related to all in the countys surrounding us, no one would have to go further than their county line!

 

Ok today the only person that can be compensated for mm is a c.g related to that pt, and if a pt gets some mm for another pt, it is the pt supplying it that is breaking the law, a pt can get it any where for helping relieve their qualifying ailment!

 

 

Peace

Jim

[Dr. Bob]

the new spin February 8, 2013

MI SUPREME COURT: Only Caregivers Can Operate Dispensaries

 

 

http://marijuanapati...e-dispensaries/

 

what the heck they will always spin it ,

 

I just checked out the link. You are right on the mark C. That is an ABSURD spin.

 

See, we can agree!!!

 

Dr. Bob

[Dr. Bob]

I am thinking of something very, very simple for our club. I'll take constructive criticism.

 

At each meeting, I will bring a sign up sheet, two columns: one patients seeking caregivers, the other caregivers seeking patients, each voluntarily identifying him or herself with a first name and contact information. The sheet will be posted publicly each meeting, and patients and caregivers that are looking will be encouraged to attend each meeting in person.

 

Similar to something I set up and organized back in Jan 2011. Except what I was doing was giving a forum to each club, Caregivers could use a code name and announce their open slots and strains. Patients could ask for a caregiver with a particular strain for formal registry association. The beauty of it was that each club would moderate their own forum, but a caregiver could see patients from several clubs, same with patients seeing the caregivers from a nearby club other than their own.

 

No one would even moderate their own club's forum, no need to with all the dispensaries at the time. Wonder if it would work now?

 

Dr. Bob

[Highlander]

I am thinking of something very, very simple for our club. I'll take constructive criticism.

 

At each meeting, I will bring a sign up sheet, two columns: one patients seeking caregivers, the other caregivers seeking patients, each voluntarily identifying him or herself with a first name and contact information. The sheet will be posted publicly each meeting, and patients and caregivers that are looking will be encouraged to attend each meeting in person.

 

Basic logic tells us that if some patients and caregiver were able to move unused meds to dispensaries, then there are growers out there who don't need to grow 12 plants per patient. These growers, who are probably going to further lose ability to move unused meds to market after this ruling, can maybe grow fewer plants. Sign up a patient or two who keeps his own plants. I have one such patient. He is about to take down his first three plants, grown in dirt with hand-me-down equipment and maybe another $200 he invested. His next three plants are 4 weeks into flower. These are a mix of 8 and 9 weeks strains. Nice little setup for a single patient to get independent and space out harvests so as to keep in supply and not go over limits.

 

So I'd recommend three columns. Patients. caregivers who will possess plants caregivers who don't need to possess plants.

[Dr. Bob]

by Marijuana Patients • Legal

 

In a 4-1 decision, the Michigan Supreme Court determined, only licensed Michigan caregivers can operate and own medical marijuana dispensaries in the State of Michigan, and concluded that patient-to-patient sales of the medicine are illegal.

 

Based on today’s ruling, the Court determined that all employees, owners, and operators of a dispensary must qualify under the State’s strict caregiver requirements, restrictions which requires caregivers to have no prior “major” felony convictions. The Court ruled that only a caregiver can receive compensation for the sale of marijuana and that dispensaries operating under a patient-patient guise can be found guilty of a public nuisance and may not receive protection in Court.

 

http://courts.michig...4%20Opinion.pdf

 

Why are they a nuisance? Because what they were doing was illegal. The case had to do with the civil suit about being a nuisance, by confirming they were because of what they were doing, They weren't charged criminally. They were charged in a civil case. The SC ruled on the civil case and by implication made what they were doing a criminal offense.

[+Malamute]

I agree Doc but will add

 

Our job now is to help people become caregivers and help patients find those caregivers. When the venting is over, it is my hope we will turn our considerable expertise and attention to that issue.

 

Get the sick and caregivers off the battle lines and court

 

:-)

 

Hear ye hear ye!

[t-pain]

no one mentions how setting daisy chain of patients and caregivers will no doubt expose all growers to more ... unsavory people.

[+Malamute]

I am thinking of something very, very simple for our club. I'll take constructive criticism.

 

At each meeting, I will bring a sign up sheet, two columns: one patients seeking caregivers, the other caregivers seeking patients, each voluntarily identifying him or herself with a first name and contact information. The sheet will be posted publicly each meeting, and patients and caregivers that are looking will be encouraged to attend each meeting in person.

 

Um... Isnt this what all CC's were doing? or supposed to be doing? Heh.

 

Hooking up patients to caregivers? Educating patients to grow? Educating people on how to stay within the law?

 

 

Hmm.... No wonder it is such a mess down there. ;-)

 

Time to get it together people. This is SIMPLE stuff. Teach a patient to grow. Some of those patients become good enough to be a caregiver and the cycle repeats.

 

I thought we all agreed to do this 4 years ago.... Hahahaha//...

[GregS]

I'm certainly NOT a cheer leader for putting people in jail!! Like a lot of folks here.

 

Like I'm not pumping a law that forces patients to avoid caregivers.

 

This ruling reduces patient access to their lawful medicine. In doing so, it elevates the probabilities of people going to jail.

 

Then why do you persist in stating things that are simply nonsensical? Maybe you should change your name to chicken little. Your insistence that there is always something sinister or silly beyond what is stated is reasonable has garnished you a reputation, and it is the reason that many here consider you a buffoon. There are not many left who give you any real credence, and we have to wonder about them.

 

We all use copious amounts of d0pe, and many here do not go on outrageous rants and other assorted silliness to anything near the amount that you continually do. I guess there is something more at work here.

[Celliach]

I am thinking of something very, very simple for our club. I'll take constructive criticism.

 

At each meeting, I will bring a sign up sheet, two columns: one patients seeking caregivers, the other caregivers seeking patients, each voluntarily identifying him or herself with a first name and contact information. The sheet will be posted publicly each meeting, and patients and caregivers that are looking will be encouraged to attend each meeting in person.

 

That's what we do at our club. We also keep a list of reputable CGs for people that call too.

[Celliach]

no one mentions how setting daisy chain of patients and caregivers will no doubt expose all growers to more ... unsavory people.

 

The problem with a daisy chain or pyramid is that if I, as a CG, know my registered PT is delivering the medicine he/she got from me to someone else, then I know my medicine isn't going to the person it was intended for and is being transferred to someone not my registered PT, then I am responsible for an illegal transfer. Since there were three people involved int he illegal transfer, it could also be construed as a conspiracy.

 

Just sayin'..........

[Celliach]

Send me new potential caregivers full of heart. I have been waiting. I am glad to hear thie gonna shut em down for the most part. Sure would suck not to be able to find a caregiver though.

 

Does the law state if it is legal for me to give free clones yet? It is by far from medicine or useable marijuana in that form. Or seeds do they speak of seeds yet in the law?

 

Does the grey area of the law tell people their legal options for obtaining medical genetics yet?

 

You can only give genetics to your registered patient, period.