UnderCoverAgentOrange
Well-Known Member
i was looking into moving out west to get on the legal side of things and i was curious am i able to sell my extra meds to a dispensary?
am i able to sell my extra to dispen?
- Thread starter UnderCoverAgentOrange
- Start date
WhiteRooster
Active Member
Yeah...you might have to pay taxes on your income though
jd123
Well-Known Member
the short answer is NO.
1) No person authorized to possess, deliver or produce marijuana for medical use pursuant to ORS 475.300 to 475.346 shall be excepted from the criminal laws of this state or shall be deemed to have established an affirmative defense to criminal charges of which possession, delivery or production of marijuana is an element if the person, in connection with the facts giving rise to such charges:
(a) Drives under the influence of marijuana as provided in ORS 813.010;
(b) Engages in the medical use of marijuana in a public place as that term is defined in ORS 161.015, or in public view or in a correctional facility as defined in ORS 162.135 (2) or youth correction facility as defined in ORS 162.135 (6);
(c) Delivers marijuana to any individual who the person knows is not in possession of a registry identification card;
(d) Delivers marijuana for consideration to any individual, even if the individual is in possession of a registry identification card;
(e) Manufactures or produces marijuana at a place other than a marijuana grow site authorized under ORS 475.304; or
(f) Manufactures or produces marijuana at more than one address.
technically there are no dispensaries in the state of oregon.
however there are resource centers that operate in a gray area. based upon this provision in the law
"A registry identification cardholder or the designated primary caregiver of the cardholder may reimburse the person responsible for a marijuana grow site for the costs of supplies and utilities associated with the production of marijuana for the registry identification cardholder. No other costs associated with the production of marijuana for the registry identification cardholder, including the cost of labor, may be reimbursed"
they cannot charge more than the cost of growing tho so they have to charge door fees to cover operating expenses. and the terms "donations" and "reimbursment cost" are used instead of "sale" and "price".
they have raided a few, and i imagine if Dwight holton is elected AG we will have some real problems as he already raided places as a federal prosecutor, and has stated he will not tolerate Medical marijuana activities. they are trying to get an initiative on the ballot to legalize state liscensed dispensaries and legitimate sales, hopefully it will work out.
1) No person authorized to possess, deliver or produce marijuana for medical use pursuant to ORS 475.300 to 475.346 shall be excepted from the criminal laws of this state or shall be deemed to have established an affirmative defense to criminal charges of which possession, delivery or production of marijuana is an element if the person, in connection with the facts giving rise to such charges:
(a) Drives under the influence of marijuana as provided in ORS 813.010;
(b) Engages in the medical use of marijuana in a public place as that term is defined in ORS 161.015, or in public view or in a correctional facility as defined in ORS 162.135 (2) or youth correction facility as defined in ORS 162.135 (6);
(c) Delivers marijuana to any individual who the person knows is not in possession of a registry identification card;
(d) Delivers marijuana for consideration to any individual, even if the individual is in possession of a registry identification card;
(e) Manufactures or produces marijuana at a place other than a marijuana grow site authorized under ORS 475.304; or
(f) Manufactures or produces marijuana at more than one address.
technically there are no dispensaries in the state of oregon.
however there are resource centers that operate in a gray area. based upon this provision in the law
"A registry identification cardholder or the designated primary caregiver of the cardholder may reimburse the person responsible for a marijuana grow site for the costs of supplies and utilities associated with the production of marijuana for the registry identification cardholder. No other costs associated with the production of marijuana for the registry identification cardholder, including the cost of labor, may be reimbursed"
they cannot charge more than the cost of growing tho so they have to charge door fees to cover operating expenses. and the terms "donations" and "reimbursment cost" are used instead of "sale" and "price".
they have raided a few, and i imagine if Dwight holton is elected AG we will have some real problems as he already raided places as a federal prosecutor, and has stated he will not tolerate Medical marijuana activities. they are trying to get an initiative on the ballot to legalize state liscensed dispensaries and legitimate sales, hopefully it will work out.
mygirls
Medical Marijuana (MOD)
UnderCoverAgentOrange
Well-Known Member
so is cali the only medical state in which you can do this? trying to move to -state were i can maxamize my money and help people at the same time without it bng black market
H R Puff N Stuff
Well-Known Member
donating to disp. is a pipe dream for most.there is no goldrush in cali i repeat there is no goldrush in cali.that is all.
jd123
Well-Known Member
cali is flooded. most of the dispensaries have a designated grower or connection by now so your medicine has to be top quality for people to even look at it and even then dont expect more than 3g per lb cause you wont get it.
colorado is the only state with a legit state legal for profit market. but ive heard things have gotten pretty flooded there too, and the feds have been talking about cracking down there. if all you want is to get rid of your extra meds to cover some of your growing expenses you will probably be fine in california or colorado. but if you are looking to make a profit off of the medical marijuana market, just know that the market will be flooded and stale in both cali and colo until more states open legal markets.
.
colorado is the only state with a legit state legal for profit market. but ive heard things have gotten pretty flooded there too, and the feds have been talking about cracking down there. if all you want is to get rid of your extra meds to cover some of your growing expenses you will probably be fine in california or colorado. but if you are looking to make a profit off of the medical marijuana market, just know that the market will be flooded and stale in both cali and colo until more states open legal markets.
.
hardknox72
Active Member
There's like 15 dispensaries in portland, where the hell are they getting there herb and how r they getting rid of it ? There working in a gray area
hillbillyherbs
Well-Known Member
Yes oregon has OCTA and Washington also has a ballat measure this November that nobody is talking about up there cause if it passes the state takes over contral of growing the cannabis and stops personal grows. But in any case no its not legal to sell in Oregon right now, but there is also a booming market just between patients and growers and yes those gray area resource centers.
Just go to Portland craigslist and type in ommp there is at least 75 ad's trying to get rid of some sort of cannabis products and no arrests yet that I know of.
Just go to Portland craigslist and type in ommp there is at least 75 ad's trying to get rid of some sort of cannabis products and no arrests yet that I know of.
hardknox72
Active Member
Thats not right. Im not down for buying joints in pack, they'll find ways to make it deadly if it goes that way...hello mendocino man and Camel Kush nope not right.
geekmike
Well-Known Member
If I am not mistaken in the Washington I-502 bill, home grows don't apply to patients. Patients with a med card are still allowed home grows (although I could be mistaken)
The 1 oz limit and dispensary stuff is intended for Recreational users.
hillbillyherbs
Well-Known Member
I could be mistaken about the personal grow thing, after reading 65 pages of BS on I-502 my eyes where very blurry. But from what I read and tried to understand was that after that law gets in place the only cannabis grown in Washington will be in state licenced and owned grow sites no other grows will be allowed including medical grows. Why should it be any different when anybody over the age of 18 can go into state pot shop and walk out with an oz and light up walking down the street, no need for medical any more.
And the benefit of OCTA is we keep everything we got and will have the ability to sell it and have dispenceries and industrial hemp also. Not bad for a bunch of stoners.
And the benefit of OCTA is we keep everything we got and will have the ability to sell it and have dispenceries and industrial hemp also. Not bad for a bunch of stoners.
hillbillyherbs
Well-Known Member
But of course who is to say the Feds wont step in and try to stop either of the states from implementing these laws if they actually get voted in.
jd123
Well-Known Member
this..... we have a very rough road ahead of us. when a state legalizes it(eventually one of them will), the feds WILL step in simply to send a message about the federal governments ability to enforce laws under the commerce clause. if they allowed states to completly ignore the CSA on the basis of states rights any state who wanted could not only disobey the CSA, but refuse to comply with things like the Affordable Care Act, and even the Civil Rights Act of 1964 on the simple claim of states right.
so as long as the legislative and executive branch of our fed government keep marijuana in Schedule 1 of the controlled substance act, the threats and raids on facilitys will continue... they cannot direct a state to make or throw out certain laws, but they can and will come into a state to enforce federal law. now thankfully consumers and patients should not have to worry, the feds will only go after the big fish.
that being said there is some hope that if obama is re-elected, he may in his last term bump cannabis down to schedule 2 which would be a big first step in the right direction, but we will still have to fight for our right to grow our own.
hillbillyherbs
Well-Known Member
Me too. Actually feds can't come after either law because it's all in state activity. Both laws prohibit interstate transactions so feds have a harder time pushing the CSA or anyother commerce act. they will have to battle it straight from the FDA and DEA aspects of the federal system. And then the schedule be court battle number one.
My two and three quarter cents
hillbillyherbs
Well-Known Member
OCTA is now Prop #9
PORTLAND, Ore. (AP) - The proliferation of dispensary-style medical marijuana operations in Oregon concerns the state's new U.S. Attorney, and she said drug trafficking organizations have made headway into the state's medicinal marijuana system.
U.S. Attorney Amanda Marshall said the number of dispensaries in Oregon has been growing. Her office estimates the state hosts at least 100, most of which are in the Portland metro area.
"Pounds and pounds and pounds of marijuana are being shipped out of Oregon, not to sick people needing cards but to drug dealers who are selling it, who are laundering money, who are evading taxes," she said, "and it's dangerous business."
Marshall said her office has tracked marijuana shipments to Tennessee, Arkansas and Florida, among other states.
In 2010, Marshall's predecessor joined his counterparts in other medical marijuana states by sending warning letters to operations it felt were the most egregious offenders of the state's medical marijuana law, threatening them or their landlords with civil asset forfeiture if they didn't close shop.
The problem, Marshall said, is that Oregon's medical marijuana law was passed without any enforcement power or extra money for local agencies to crack down on the worst actors.
"I don't know that the law itself is the problem, so much as the lack of oversight in terms of the medical marijuana grows and distribution," Marshall said Friday in an interview with The Associated Press. "When you look at it, you've (had) a handful of prosecutions and you've got over 100 dispensaries, there's no oversight.
"They passed this law, and there's no additional resources or funding mechanisms for law enforcement."
Medical marijuana took center stage in Oregon politics last week when it emerged as a flashpoint in the Democratic primary for state attorney general.
Former interim U.S. Attorney Dwight Holton had criticized the state program as a "train wreck," mobilizing marijuana advocates to lobby against him. It's impossible to tell whether the issue played a role in Holton's loss to retired judge Ellen Rosenblum, but it accounted for at least a quarter of Rosenblum's fundraising.
Marshall said she wouldn't use the words "train wreck" to describe Oregon's law.
"I'm not here to say this law is good or bad or to suggest future legislation or future policy direction," said Marshall, who took office in October. "People say, 'You're the U.S. attorney, are you going to go after medical marijuana?' No I'm not."
The state's law, passed in 1998, allows patients to possess 24 ounces of marijuana.
In 2010, Oregon voters rejected a ballot measure that would have legalized California-style dispensaries. Cannabis club owners say their properties aren't dispensaries but safe havens for cannabis users to obtain and use the medicine they would otherwise have to grow themselves, have grown for them or buy on the black market. They say marijuana available at cannabis clubs often comes from authorized growers who donate it.
To Marshall, the threat isn't from cancer patients growing plants in their window boxes for personal consumption. Rather, it's drug trafficking operations that move bales of marijuana from Oregon and California's fertile growing climate to the East Coast, where it retails for $5,000 per pound.
Voters didn't know what they would get when they approved the law in 1998, Marshall said. They approved six plants per patient, believing the yields would be sufficient for personal consumption, she said.
"People weren't thinking about the plants that we saw pulled out of the ground in Southern Oregon that produced 10 pounds of manicured, smokable marijuana bud," Marshall said. "These people are master gardeners.
"I wish I could grow tomatoes like that."
jd123
Well-Known Member
seems like shes trying to paint a picture of master growers working for cartels, sending all there marijuana eastward, and being protected by the MMJ law. obviously this is absurd and untrue. even if the profiteers sending their stuff eastward were master growers or working for cartels, it is still a violation of the state law and they are in no way protected by state MMJ laws. the same is true for a grower who harvests more than 1.5 lbs per person or more than 6lbs total.
based on her complaints i dont see how she could have a problem with anyone who is actually following state guidlines.
and it is rediculous that her few legitimate complaints (tax evasion and lack of enforcement funding) could be relieved by legalizing recreational use, legalizing sales to both patients and recreational users, and taxing recreational sales. taxes get paid. people no longer launder money, background checks before licensing establishments to keep criminals out of the market, and youd have a source of funding for oversight.