5104 Deep Analysis And Wording Problems.

[t-pain]

5014 analysis

 

EXTRACT is not defined and may need to be

PLANT RESIN is not defined and may need to be

"paraphernalia relating to the administration
of USABLE marihuana"

this change takes away protections for paraphernalia relating to the use of non-usable marihuana.
items related to marijuana edibles, since it does not include "and USABLE MARIHUANA EQUIVALENTS" like other parts of the law. even adding 'and usable marihuana equivalents' , it still removes protections from marihuana paraphernalia (which could be anything, trimmer machines and lots of things i cant think of right now imo), and i think is an uneeded change.
very important



(I) "Usable marihuana" means the dried leaves, and flowers,
PLANT RESIN, OR EXTRACT of the marihuana plant,

later in the act it states

(M) "USABLE MARIHUANA EQUIVALENT MEANS THE AMUOUNT OF USABLE
MARIHUANA IN A MARIHUANA-INFUSED PRODUCT THAT IS CALCULATED AS
PROVTDED IN SECTTON 4 © .

and

© FoR PURPOSES OF DETERMINING USABLE MARIHUANA EQUIVALENCY,
1 OUNCE OF USABLE MARIHUANA SHALL BE CONSIDERED EQUIVALENT to THE
FOLLOWING:
(1) 15 OUNCES OF MARIHUANA-INFUSED PRODUCT IF IN A SOLID FORM.
(2) 7 GRAMS OF MARIHUANA-INFUSED PRODUCT IF IN A GASEOUS FORM.
(3) 72 FLUID OUNCES OF MARIHUANA INFUSED PRODUCT IF IN A LIQUID FORM.


are juiced leaves covered at all? under usable marihuana or usable marihuana equivalent?

should usable marihuana equivalents be added to the definition of usable marihuana ?

its not clear where the protections of equivalents comes from. unless i'm missing something.


section 3g needs to add "usable marihuana equivalents" i think


section4b needs to be worded the exact same as section4a. otherwise there will be problems.


section4e2 needs 'and usable marihuana equivalents'.
section4i needs 'usable marihuana equivalents'.
section4j needs 'or usable marihuana equivalents'.

section4m needs to add posess, transport, transfer, deliver, use, etc. otherwise those will be illegal.
or at least posess, transport, use.

sec4a2 (lol cant you rename this to sec4z?) is missing 'in any manner' and does not protect against civil penalties.

sec8a needs 'or usable marihuana equivalents'.
sec8a2 needs 'or usable marihuana equivalents'.
sec8a3 needs 'or usable marihuana equivalents'.
sec8b needs 'or usable marihuana equivalents'.
sec8c needs 'or usable marihuana equivalents'.


can you please ask the workgroup how a visiting patient can get a hold of a usable marihuana equivalent legally? or how a caregiver would legally give them one?

there might be more analysis, but i think thats a good start.

Edited December 12, 2013 by t-pain

[t-pain]

are there any judges in the workgroup? that may explain why there are so many errors like this?

you may want to invite some judges to help you out.

[bobandtorey]

Well thanks for your opinion i can see how the courts will read it

because when you add a letter like ( A ) or  a word like ( OR ) and ( THE )  they mean more then some words that we may think and they are left up to  Lawyers.and a judge, 

 

we where in the C.O.A one time early on 2009 and those words where being  talked about a lot 

[t-pain]

yes, i'm very afraid of a 'the' or 'a' being in the wrong place.

 

i am unable to spot those types of errors. i dont have that skill.

 

hopefully someone can find those?

[bobandtorey]

yes, i'm very afraid of a 'the' or 'a' being in the wrong place.

 

i am unable to spot those types of errors. i dont have that skill.

 

hopefully someone can find those?

Oh someone will find them but we won't here about it until that someone has been in Court for sometime

[+Malamute]

Thanks t-pain.

 

 I think most things will be ok as it must only relate to admin.

 

But I will look into it closer.

 

Thanks.

 

 I am more worried about any future amendments as these bills travel.  No telling what legislators will want to tack on.

 

 I will still say as I have for years,... we do not have a friendly legislature when it comes to our issue. Not a great time for trying to pass friendly legislation.

 

 I wish nothing was being passed myself, but if they are gonna pass it, best make good suggestions and try to fix what the arseholes are trying to do to us..,.

[semicaregiver]

I am guessing you are too late.   Word out there is the bill will be voted on today, for all I know it may have already been voted on.   Assuming the House votes for it, it goes to the Senate.   Changes could be made there, but if they are made, it must go back to the House.  I am not an expert on timing, but I would bet the sponsors will be more interested in getting the bill thru the Senate intact than starting any discussions about changes. 

[+Malamute]

Never know.

 

But yea,... this is merely an early step in the process.

 

These bills have a long way to go and a minefield of bad intentions to get by.

[Wild Bill]

are there any judges in the workgroup? that may explain why there are so many errors like this?

you may want to invite some judges to help you out.

 

If we go by some of the judicial rulings so far there would probably be more errors if judges were involved.

 

I do like the part about 72 oz. of tincture being considered one ounce. That will definitely take care of my overages.

 

But I would still like more info on how to obtain gaseous products. (Cross breed with pinto beans?)

[t-pain]

 I think most things will be ok as it must only relate to admin.

i'm just scared of the word 'relate' after mcqueen decision.

 

 

many many bad judge rulings. but they were made because the wording was 'unclear'.

what i mean is, even letting a bad judge give his opinion on what the words mean will help.

because you see how a bad judge reads it, and can fix it so he cant read it that way again

Edited December 12, 2013 by t-pain

[t-pain]

I am guessing you are too late.   Word out there is the bill will be voted on today

 

argh. yes i put it off too long.

 

its crazy how they spend 50% of the year doing nothing and then december rolls around and oh look heres a shitload of bills and ammendments and votes and 1-2 hours public hearing and thats it, see ya next year SUCKERS!

[Hayduke]

100-9 in favor, with immediate effect… 

 

as always a give and take situation… negotiations were fluid right up until the vote…  I think it is a good bill as written.  Now how things go for it depend on what committee gets this in the Senate, and can they keep new amendment out...

[t-pain]

(n) Except when being manufactured or consumed, any marihuana-
infused product must be individually packaged and clearly labeled
with all of the following:

 

so this would mean patients and caregivers have to individually package each gummy bear? each chocolate covered pretzel?

each hard candy ?

and each one of those would have to have all that weight and transfer and manufacturer info on it.