Is p2p selling legal?

deprave

deprave

New Member
yes it is but understand it is something to approach with great caution especially if your the one selling it you have less protections then someone buying it ...Im not lawyer but thats my take on it
 
Buddy Ganga

Buddy Ganga

Active Member
(g) A person 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 providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient's medical use of marihuana.

Definition of medical use:
(e) "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.




As long as both are registered patients.
 
deprave

deprave

New Member
its not really a grey area its pretty clear in the state that its legal but it is still federally illegal especially selling
 
ExDex1x1

ExDex1x1

Active Member
The better question is why doesnt the other patient just go to a dispensary or call a delivery service and avoid a questionable situation altogether?
 
thexception

thexception

Well-Known Member
actually i just attended a seminar with a speaker that provided nothing more then I could provide by reading the bi-laws & coming to a reasonable interuptation. the first thing basically is anything not specifically addressed in the law, is therefore not legal. (such as dispensaries) remember, selling of plants is not legal, transfering of plants for compensation for the growth itself (ur time & materials to produce) is legal. gray area, patient to patient. the only clearly legal transfer is from one registered patient connected to another in the system, period.

my personal opinion, as long as any 2 people are TRULY 100% medical patients, transfering in reasonable usage amounts, & not carrying a lot of money & staying within the plant guidelines, on hand 2.5 oz, etc. u shouldnt have anything to worry about (long term) if u temporarily get arrested, come time for court hearing &/or jury trial.
 
rzza

rzza

Well-Known Member
Buddy Ganga said:
(g) A person 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 providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient's medical use of marihuana.

Definition of medical use:
(e) "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.
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rzza

rzza

Well-Known Member
Buddy Ganga said:
(g) A person 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 providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient's medical use of marihuana.

Definition of medical use:
(e) "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.




As long as both are registered patients.
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so you layed this out so nice and neat and you even underlined the important parts but again you forgot the coflicting part.

i will post it again for you.

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, provided that the primary caregiver possesses an amount of marihuana that does not exceed:

so please answer one question. why do you insist on lying to people? you really wanna get the word out that it IS legal but you never offer all the facts. this is plain irresponsible and its dangerous to the people reading.
 
L

LordWinter

New Member
Buddy Ganga said:
(g) A person 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 providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient's medical use of marihuana.
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Actually, because of the importance that the law puts on semantics, part (g) says something VERY important that everyone should take note of here. The wording is that a PERSON, not primary caregiver, not even patient, but a PERSON shall not be...etc.

This is very significant because due to inclusion of the "Medical Condition" defense that this law provides for people who aren't yet registered patients, it could be argued in court that the neighborhood dope man isn't guilty of breaking any laws if he's busted while selling to a registered patient or caregiver. The specific wording of this paragraph tells me that the person who wrote the law intended to provide protection for people who help caregivers and patients tend to the needs of the patient. The writer obviously considered the possibility that a caregiver, or a patient who grows their own, might experience crop issues and have a reduced harvest, or no harvest at all, and desired to make the acquisition of replacement "paraphernalia" as the law says, as painless as possible.

While arguing this, remember one thing, folks... this is a VOTER approved initiative, not a simple piece of ordinary legislation. This was written by someone who believes in the preservation of freedoms, not a politician who seeks to limit and remove them.


Edit: Can't believe I just said that, I'm usually very conservative when interpreting a law.
 
rzza

rzza

Well-Known Member
LordWinter said:
Actually, because of the importance that the law puts on semantics, part (g) says something VERY important that everyone should take note of here. The wording is that a PERSON, not primary caregiver, not even patient, but a PERSON shall not be...etc.

This is very significant because due to inclusion of the "Medical Condition" defense that this law provides for people who aren't yet registered patients, it could be argued in court that the neighborhood dope man isn't guilty of breaking any laws if he's busted while selling to a registered patient or caregiver. The specific wording of this paragraph tells me that the person who wrote the law intended to provide protection for people who help caregivers and patients tend to the needs of the patient. The writer obviously considered the possibility that a caregiver, or a patient who grows their own, might experience crop issues and have a reduced harvest, or no harvest at all, and desired to make the acquisition of replacement "paraphernalia" as the law says, as painless as possible.

While arguing this, remember one thing, folks... this is a VOTER approved initiative, not a simple piece of ordinary legislation. This was written by someone who believes in the preservation of freedoms, not a politician who seeks to limit and remove them.


Edit: Can't believe I just said that, I'm usually very conservative when interpreting a law.
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but that cant hold up in court because there are many more places in the law that states its illegal if your not registered with the state.

one place in there says a person. 20 places says a patient/cg/registered etc...
 
WWW.HASHBERRY.ORG

WWW.HASHBERRY.ORG

Member
Beno Brown said:
I have read conflicting reports of this. Is it legal for patients to sell to other patients?
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yep it is illegal to sell it but to accept donations for the nutes, water, rent, time, is not...i'd watch it though would go around askn random people only the homies know what i mean.
 
rzza

rzza

Well-Known Member
WWW.HASHBERRY.ORG said:
yep it is illegal to sell it but to accept donations for the nutes, water, rent, time, is not...i'd watch it though would go around askn random people only the homies know what i mean.
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where the fuck did you get that from? can ya show it on paper? oh this is what someone told you and you decided to put it in a public forum thats read almost strictly by michigan patient/cg. smart one.
 
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