Transferring Marijuana Plants Legal ?

[trichcycler]

Does anyone know of a(the?) rule in our Act that would prevent me from giving plants to another

person that is allowed to possess them ? Please cite it here.

 

thank you

[Willy]

nope your patients only.. thats my understanding. but i have been wrong before...

[Highlander]

(e) "Marihuana" means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106.

(f) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

(k) "Usable marihuana" means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

 

4(b) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with this act.

 

Note - when the Act says "marihuana" it means MJ as defined in the PHC.  So it is leaves, flowers, stems, stalks, seeds, or roots, resin, oil, etc.  Some people get confused and forget that there is a big difference between "usable MJ" and "marijuana" and they conclude that roots, stalks, seeds are not regulated material.  It is still regulated.  It is still marijuana.  All "usable marijuana" is marijuana, but not all "marijuana" is "usable marijuana."

 

Note that in the definition of "medical use" the term "usable marijuana" is not used, just the broader, "marijuana." 

 

So when the act says that medical use includes the "...transfer....of marijuana...." it means all parts of the plant or the entire plant itself.  In other words, the transfer is not restricted to "usable marijuana."  And remember one of the most basic rules of statutory interpretation is that if a word is used in one part and not the other, its use in that part is considered intentional and the non-use in the other part is also intentional.  In other words, the Act intended to allow a caregiver to transfer "marijuana," in accordance with the Act - not just "usable marijuana."  In other other words, there is no distinction in transferring of plants (marijuana) vs. meds (usable marijuana), be it a protected transfer from CG to registered patient or an unprotected transfer. 

Edited October 6, 2014 by Highlander

[bobandtorey]

A primary caregiver then their must be a secondary caregiver ?

[Highlander]

A primary caregiver then their must be a secondary caregiver ?

 

And if there is a secondary caregiver, there must be a tertiary, quaternary, quinary, senary, septenary, octonary, nonary, denary caregiver too?

[trichcycler]

good point to an old thought....thanks.

[t-pain]

Does anyone know of a(the?) rule in our Act that would prevent me from giving plants to another

person that is allowed to possess them ? Please cite it here.

yes! absolutely!

if the person you are giving a plant to already has 12 plants and is only allowed under sec4 to possess 12 plants. he would be over on his plants.

 

or if your registered patient said he would not be using that plant for his own medical use.

Edited October 7, 2014 by t-pain

[trichcycler]

It is illegal to allow someone else to be over weight, or over count?

 

I can transfer my growing plant to my patient, who does not have plant possession status?  these laws are changing as fast as speedo's in a monsoon !

[t-pain]

good question. i cant see how it would be your problem to transfer as long as you are connected in the registry.

and as long as they say its for their own medical use.

 

but i'm not bill schutty or the coa twisting the law and words...

[trichcycler]

so, transferring a live plant to someone other than the five named on your cards is illegal?  like a clone sale over a picnic table ?

[t-pain]

clone over a table, to a non connected mmj patient

seller still protected by sec8, hopefully.

seller not protected by sec4.

buyer protected by sec4 and sec8.

(assuming its for medical purpose and a dr gave a recommendation and they live in this state)

[Highlander]

750.157aConspiracy to commit offense or legal act in illegal manner; penalty.

 

Sec. 157a.Any person who conspires together with 1 or more persons to commit an offense prohibited by

law, or to commit a legal act in an illegal manner is guilty of the crime of conspiracy punishable as provided

herein:

 

(a)Except as provided in paragraphs (b), © and (d) if commission of the offense prohibited by law is

punishable by imprisonment for 1 year or more, the person convicted under this section shall be punished by a

penalty equal to that which could be imposed if he had been convicted of committing the crime he conspired

to commit and in the discretion of the court an additional penalty of a fine of $10,000.00 may be imposed

[Restorium2]

For practical purposes;

 

I really don't think cops are selling plants to entrap patients. Common sense says it would be too much work for very little return.  On the other hand, cops are trying to buy plants to entrap sellers of plants. So you will most likely not find cops selling plants on say Craigslist (for example). 

[Highlander]

For practical purposes;

 

I really don't think cops are selling plants to entrap patients. Common sense says it would be too much work for very little return.  On the other hand, cops are trying to buy plants to entrap sellers of plants. So you will most likely not find cops selling plants on say Craigslist (for example). 

 

Seems like it would be a huge waste of time for them to try that, especially when the supreme court has said  that patients can acquire Mj from any source and be protected under Section 4.  Of course, there are practical problems with cops trying to sell plants too.  They'd either have to grow their own plants and try to sell them or swipe the plants that were seized as evidence and put together a quick undercover sting. 

[t-pain]

750.157aConspiracy to commit offense or legal act in illegal manner; penalty.

 

Sec. 157a.Any person who conspires together with 1 or more persons to commit an offense prohibited by

law, or to commit a legal act in an illegal manner is guilty of the crime of conspiracy punishable as provided herein:

it goes back to my question, is a transfer of a plant between two patients for medical use considered illegal ? there is no penalty in the MMMA for transfers between patients. its still protected by sec8.

[Habenero]

Supreme court said patient to patient transfer is illegal. That's why the dispensaries shut down. So yeah it's illegal.

[Highlander]

it goes back to my question, is a transfer of a plant between two patients for medical use considered illegal ? there is no penalty in the MMMA for transfers between patients. its still protected by sec8.

See people vs. Green.

[t-pain]

i get it now.

i'm not sure why i thought sec8 meant it was legal. brainfart i guess.

[t-pain]

See people vs. Green.

reading court of appeals opinions is not good for my health.

[Habenero]

It's good for your liberty bro.