Is p2p selling legal?

[ozzrokk]

What product would be "specifilty designed for "compounding" if "componding" means the "mixing of drugs" ?

Hint: It's a 5 letter word and it starts with D and ends with rugs.

I was going to stay out of this but the parts of the act that you are using
pertains to paraphernalia and has nothing to do with the marijuana it self.
If your defense, or the defense of others who do take your advice on those
grounds, is that this part of the act is what makes it legal. Good Luck....
And if it is your contention that any of the language of paraphernalia is going to
mean thats what they will charge you with you are dead wrong. They will charge
you with the marijuana itself. No form of paraphernalia at all.....................

Do I think P2P is legal?
Do I think it is addressed in other parts of the law?

It has nothing to do with what I think or anyone but the supreme court at this point.
Because the law enforcement and court systems claim the language is hazy, which
it is not. But when they are on the losing side of that argument they tend to cling to
anything. Thus leaving it in the MI. Supreme Court to lay down the final INTERPRETATION.

If you come here and say it as fact. Then you put the community at risk..........
Simply say that it is in your opinion or thats how you read in to it.

 

[rzza]

nicely said rok.

 

[Danksnaps420]

gro ur own

 

[Beno Brown]

I guess I really struck a nerve with this thread.

 

[LordWinter]

Struck a nerve? Nah. Brought up a contentious issue? Oh yeah. There's a lot of disagreement going around about the law right now. Too much is unclear.

 

[Serapis]

That has nothing to do wit the drug itself, it's paraphernalia...

If it was legal, caregivers wouldn't need to be defined by law... Can you quote a section of law that states it is legal for transfer of the drug from patient to patient?

(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.

 

[rzza]

where were you guys last night man? i had to deal with him all by myself.

 

[Serapis]

Nowhere in your quotes or definitions is paraphernalia defined as the ACTUAL drug itself. Show me where a patient can transfer the DRUG to another patient....

a patient and a patient's primary caregiver, if any
The patient and the patient's primary caregiver, if any

Definition of product : A commodity offered for sale.
Definition of Compound: Compounding is the mixing of drugs

Stop ignoring or discounting words just becsue you don't know what they mean.

 

[rzza]

Razz,

You know it's one thing to be uneducated and try to argue something.
But it's another to try and insult those who are educated and trying to help others know their rights on the topic being discussed.

Your uneducated definition of "paraphernalia": A bong.

My knowledge of what the state considers: "paraphernalia"..
Since we are talking about state laws, I'm pretty sure their definition trumps yours.



PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978

333.7451 “Drug paraphernalia” defined.

Sec. 7451.
As used in sections 7453 to 7461 and section 7521, “drug paraphernalia” means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting; propagating; cultivating; growing; harvesting; manufacturing; compounding; converting; producing; processing; preparing; testing; analyzing; packaging; repackaging; storing; containing; concealing; injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance; including, but not limited to, all of the following:



Patient to patient tranfers:
MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)
Initiated Law 1 of 2008

333.26428 Defenses.

8. Affirmative Defense and Dismissal for Medical Marihuana.

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).
Note: they again reffered to the "patinet"/ "caregiver" as "A person" ..



OUCH!






Now, are you man enough to apologize ?

MY FAVORITE PART of this whole thread. i love how he got all cocky and shit.

 

[Serapis]

I've NEVER, in my 30 years plus in this culture, EVER heard or read of ANYONE that referred to the drug as paraphernalia, until now that is. And to argue about it so passionately when the law is pretty plain about what it is referencing in his cut and pastes... maybe if he would stop and read it, or realize that maybe he is the one with a reading comprehension problem.... Paraphernalia refers to EVERYTHING associated with propagating, growing, harvesting, distributing and consuming.... everything EXCEPT the drug itself. Marijuana is not paraphernalia, but a marijuana pipe is. A bottle of Tiger Bloom could be considered paraphernalia, if it was found in a grow room...

 

[rzza]

and zig zag isnt para unless found near weed. etc...

 

[Buddy Ganga]

Try posting something other then your opinion if you are going to claim I am wrong or missleading people.
If your claims are correct then it souldn't be that hard to do.



A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, for the medical use of marihuana in accordance with this act,

(h) "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.
(e) "Medical use" means the acquisition, transfer

4. Protections for the "Medical Use" of Marihuana.
Sec. 4. (a) A qualifying patient 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 the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

333.26423 Definitions.

(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.

333.26423 Definitions.

(h) "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.

(g) "Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs.

 

[JeromeT]

Obviously this law is poorly written. Gotta agree that paraphenalia (sp?) is not marijuana itself. Perhaps this could be used as a defense:

g) "Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs.

(h) "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.

(e) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled substances.

 

[rzza]

Obviously this law is poorly written. Gotta agree that paraphenalia (sp?) is not marijuana itself. Perhaps this could be used as a defense:

g) "Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs.

(h) "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.

(e) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled substances.

sure use it as a defense but then the prosecting atty will say its clearly written right here ...

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


buddy your wasting your energy because i (along with others) have admitted that it is unclear and 'gray'. that is our point and your working so hard to prove it for us. can you say that the above excerpt that i just posted is NOT in the law? because its in the law and you cannot argue that. your argument is that p2p is legal and not caregiver to patient? thats just retarded.

 

[Buddy Ganga]

(g) "Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs.

(h) "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.

(i) "Registry identification card" means a document issued by the department that identifies a person as a registered qualifying patient or registered primary caregiver.


Your "one" law pretains to a "non qualifying" patient caregiver being limited to "assisting" only patients registerded to them through the state.
The same does not apply to anyone who is a "qualifying" patient or "qualifing patient caregiver"..

 

[JeromeT]

RZZA - We can ignore your last paragraph as though you never said it because you condescendingly used the word buddy and because you implied what I said was retarded. That's just is nonconstructive.

I too noticed the section you quoted: "assisting a qualifying patient to whom he or she is connected through the department's registration process". At first glance it would appear to be a brick wall. But it could be argued that with me being a caregiver and you being a patient we are in fact connected through the departments registration process as we are both registered with the department. Notice it did not say "assisting their qualifying patient...".

What it comes down to is all an attorney would need to do is create doubt in one juror's mind. So in response is it legal to "Is p2p selling legal?" I agree with "yes no maybe so."

 

[rzza]

first of all, buddy is the name of the tool who is arguing its clearly legal. i was refering to him by his name. buddy ganja.

second, you should go back to elementary school because my six year old comprehends better than you.

it could be argued that with me being a caregiver and you being a patient we are in fact connected through the departments registration process as we are both registered with the department. Notice it did not say "assisting their qualifying patient...".

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

wow.

 

[rzza]

im sorry the legislators did not put it in layman terms for the half wits.

 

[Buddy Ganga]

im sorry the legislators did not put it in layman terms for the half wits.

Don't be so hard on yourself Razz.
You're not really a half wit, your just closed minded.

 

[rzza]

Don't be so hard on yourself Razz.
You're not really a half wit, your just closed minded.

forget that part.

comment on this part.
to whom he or she is connected