Ok So It Happens but.... Is It Legal for Caregivers to Sell to Dispensaries?

[Bree]

I need your input on this RIU crew. Is it legal for Caregivers not members of a dispensary or even if a member, legal to sell to it. This is especially directed for Colorado but anyone's input would be welcome especially those with legal expertise. Please give rationale for your answers. Thank ahead of time for the input.

Peace

 

[dhhbomb]

well the have to buy it from somewhere just go in if ur a member and show them a sample and ask if they are interested

 

[Bookworm]

^^^^a very valid argument

 

[Tyrannabudz]

According to a lawyer that I have consulted, your grow should remain anonymous as any grow operation should for obvious reasons. If you follow the Colorado law to the letter; if the dispensary owner is a legal patient then he can "legally" purchase medicine. I would not divulge any details on the amounts, we know what the law says, 2oz. These transactions should be treated like any other transaction where the buying or selling of medicine is involved. We can go into this in more detail if you would like, send me a PM as I too live in the Colorful state. see location

 

[SoCoMMJ]

The question was not if the dispensary could buy it, but if a caregiver could sell it into a dispensary.

I'm no lawyer, but unless it is a cooperative situation, I don't think it would be legal if you were talking volume sales. In Colorado you can possess up to 2 oz per patient you have caregivership for. So you couldn't even drive down there with volume unless you had the patients to cover your tonage.

I think selling to random dispensaries may be outside of the law... but WTF do I know ? I'm just a simple farmer and giver of care.

Maybe ask a lawyer ?? I would hate for you to get bad information from an internet forum and end up as bubba's girlfriend. "But I read it on the Internets" is not a very good defense

 

[theycallmeoj]

Absolutely no offense to anyone on here, but from personal experience, and knowing each state has different laws; now would be a good time to consult with a specialized lawyer.

Initial consultation with an expert is "cheap", and easy "insurance". I like having all my ducks in a row.

Good luck and be safe.

 

[Tookie123]

It is legal. I live in Denver and sell to metro cannabis, herbal wellness, patients choice, cannamart and before they got raided I sold to alternative medicine of southeast Denver. We are known as vendors.

 

[Tookie123]

The exchange for money is called a contribution not a payment

 

[SoCoMMJ]

It is legal. I live in Denver and sell to metro cannabis, herbal wellness, patients choice, cannamart and before they got raided I sold to alternative medicine of southeast Denver. We are known as vendors.

I don't see vendors listed in the law anywhere is why I was doubting it. What part of the law indicates that you can sell marijuana to somebody that you are not caregiver for ? I believe that this is a gray area... very gray.

Doing it and doing it legally are different.

 

[pikes peak 69]

Copied from Amendment 20:

(d) Notwithstanding the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use.

I don't see vendors listed in the law anywhere is why I was doubting it. What part of the law indicates that you can sell marijuana to somebody that you are not caregiver for ? I believe that this is a gray area... very gray.

Doing it and doing it legally are different.

 

[SoCoMMJ]

Copied from Amendment 20:

(d) Notwithstanding the foregoing provisions, no person, including a patient or primary care-giver, shall be entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use.

Right, but for discussion's sake, you can't possess, transport [or whatever] in volumes greater than your 2 oz per each patient in your count.

Additionally, you would have to subtract the volume that your patient is holding... So if your patient is holding 1.5 oz then you can only hold 1/2 oz.

2) (a) Except as otherwise provided in subsections (5), (6), and ( of this section, a patient or primary care-giver charged with a violation of the state's criminal laws related to the patient's medical use of marijuana will be deemed to have established an affirmative defense to such allegation where:
...
(III) The patient and his or her primary care-giver were collectively in possession of amounts of marijuana only as permitted under this section.

 

[Zig Zag Zane]

my understanding is that a caregiver/patient can sell to clubs, its just phrased differently, they call it a "donation" and that the club or co-op "reimburses" you for that donation.

 

[Johnny Retro]

It is legal. I live in Denver and sell to metro cannabis, herbal wellness, patients choice, cannamart and before they got raided I sold to alternative medicine of southeast Denver. We are known as vendors.

If you dont mind me asking..How much do make off of a sale.

 

[FrontaLobotomy]

I don't live stateside, but there is one single truth when it comes to the sale of goods and services; If you are paying taxes on it, or if such endeavours are taxable, you should be alright. I've read up quite a bit on state laws and the like in America and it would be very hard to determine if even selling it on the grounds of it being medicinal is legal. It's certainly a grey area, a grey shade of grey in fact.

 

[Bree]

I have spoken to lawyers to the tune of ~$3,000 plus. It is my understanding it would be illegal beyond the 2 oz limit and if the owner of the dispensary was your patient.

There are a lot of shades of gray out there but amendment 20 is very exact in that the only time it affords an affirmative defense for taking monetary gain is in exchange for time, labor, expense, etc. related to supplying a patient with medication as their appointed caregiver. With that said, many things were left out for later gray areas such as dispensaries and such... which the Colorado Board of Health has officially recognized but it is not mentioned at all in the amendment. It has been implied that these were purposefully left open for future developement at the writing of the amendment....... simply genius if you ask me.

The point is..... just like going over the 2 oz limit stated or the larger amount referred to as "medically necessary". Up to 2 oz it is their burden to prove you shouldn't have that which being a patient is an affirmative defense..... but up and beyond the 2 oz... the burden of proof shifts to the patient and/or the doctor that ok's such.

Just thoughts for discussion.

Peace

 

[SoCoMMJ]

If you are paying taxes on it, or if such endeavours are taxable, you should be alright.

This is not true either. There are many cases of blatantly illegal transactions where in addition to the original charges, the defendant is also charged with tax evasion. Even paying the taxes on illegal transactions does not grant you immunity from the original crime.

Yes, many people sell into dispensaries. However I'm not so sure that it is legal under the current law to do so.

The one scenario where it may be legal is where you have 16 patients listing you as caregiver that are also members of a cooperative. You will then be able to deliver 32 ounces to the coop, assuming that your 16 patients are currently holding 0. Honestly it's really screwy and who knows for sure.

Somebody will have to get popped selling and go to trial in order to test the law and set a precedent I think.

Who's gonna step up to the plate and give it a shot ???


P.S. I'm not a lawyer so don't take my word for anything. Do your own due diligence and keep youself from becoming another notch in a DEA billy club.