I am currently a care taker for one patient and would like to offer my services to other patiants in the local area. I have been reading through the paperwork provided by my patients docter and it states that selling/buying of MMJ is prohibited. However there was a MMJ provider on the front page of the local news paper recently so I know it is not entirely illegal. How does this work? I would really like to get into this becuase I feel that patients in need of MMJ but are phisicaly unable to grow for themselves are being exploited. Any info on this subject would be very appreciated.
Despensary Laws
- Thread starter Ackmo
- Start date
bladesblazin
Member
They are operating in a Grey Area of the law, and as far as I can tell its a delicate dance they are playing with law enforcement trying to stay off the radar. The funny thing is the Feds agreed to back of of ligitimate cases that are covered by the state medical marijuana law, but they vowed to stay on top of these dispensaries that are not legally allowed, and yet they seem to have found a way to operate without being shutdown at least for now. Maybe someone with a little more knowledge could share some insight on the matter
I am interested in this grey area as I have no intention of selling for profit but I would like to provide for more than 1 patient.
WA law says that you can only provide for 1 patient at a time... But what does that even mean? Ex: How long is someone considered a patient once they receive medicine from you? This is the grey area I believe, because there isn't any law allowing dispensaries.
WA law says that you can only provide for 1 patient at a time... But what does that even mean? Ex: How long is someone considered a patient once they receive medicine from you? This is the grey area I believe, because there isn't any law allowing dispensaries.
Hi, new here and also in the great state of Washington! From what I've been reading it sounds like you can become a patients "temporary caretaker" or something to that effect to cover the transaction ie: usually a donation is given to the caretaker to help recoup all the costs associated with growing the medicine, etc.
I think that's how you can buy from a dispensary, they become your temporary caretakers... Good luck.
From what I know, albeit very little, Each patient is allowed to assign a care giver the right to grow marijuana (up to 15 plants). Whatever the caregiver and patient work out is between them. When a patient visits a dispensary, they accept the medicine and thank the dispensary by making a suggested donation, to the dispensary.
I'm also interested in jdizzle's question...
I'm also interested in jdizzle's question...
Ok so I did some research and this is what I found. There is a guy here in my hometown that is a MMJ patient himself which allows to to grow 15 plants. He then has each patient who he provides for sign an agreement each time there is a transaction made that makes him their temporary care provider for as long as it takes to make the transaction. There for he never is a care provider for more than one patient at a time. Sounds like a hassel to make them sign the agreement everytime but a small price to pay for legality.
MomaPug
Active Member
From what I understand, they are working in a gray area being providers one person at a time...one after another. Good deal, well and fine.
However, I do see a catch in what you can have "on hand". At any given time, you would only be able to be in total possession of the yours and one patients meds. That would restrict you to a grow of 30 plants also. Technically, you can only provide for one person at a time.
However, I do see a catch in what you can have "on hand". At any given time, you would only be able to be in total possession of the yours and one patients meds. That would restrict you to a grow of 30 plants also. Technically, you can only provide for one person at a time.
Actually sense they are only signing the agree to be under your care for the time it takes to make the transactions I think you would only be able to grow 15 and hold 1 1/2 lbs that your allowed to have for yourself. But with 15 plants you should be able to pull an average yeild of 1 1/2 lbs every 6 weeks. Even at $10 a gram (which is low balling) that would be almost $60,000 a year minus expenses. Not a bad little business at all.
appleseed
Active Member
I just got my license for an MMJ related business. There is an entire minefield of laws and interpretations. The long and short of it is this. What is being enforced by your countys Prosecuting Attorney? They are the ones who currently interpret the law as written. The lawyer I spoke to before I did anything else said this. "The only one who can currently tell you for sure what is legal in WA is the person who is going to prosecute you or not." Dispensaries are not legal yet Tacoma is allowing them to contue to operate. You can only be a "Provider" for one person at a time but there does not seem to be any limit on Patient to patient transfer. You can't sell MMJ but you can charge for expenses and processing. What can you do in WA with MMJ? Where do you live, Who is your prosecutor and how big are your balls...? Luck be with you.
PM me if you are serious about keeping prices down and helping the patients NOT get ripped off. I looked at several counties around and may be able to give you a little more insight.
PM me if you are serious about keeping prices down and helping the patients NOT get ripped off. I looked at several counties around and may be able to give you a little more insight.
Appleseed - I couldn't find how to PM you but I am very interested in setting up a legal MMJ business in WA (Seattle). I would like to talk with you and share ideas.
appleseed
Active Member
Draper. Your account can not recieve PMs right now. You are obviously very new. If you would like to email me at [email protected] I am open to discussing what can be legaly done. There are a variety of services as well as providing MMJ itself that could be made consistantly profitable. What are a couple other things that will help starting a business? Money and time. You do realize that making this into an actual business means PAPERWORK and TAXES, FEES, and then some taxes to someone else for something else. It's the way things are. I'll be happy to discuss what I see as the business potentials in a brand new marketplace with anyone that would like to.
appleseed
Active Member
Safety and Compassion. These are the things anyone interested in this business should hold foremost. This is the only industry I know of where being honest and helpful offers some legal protection while being a money grubbing @$#%^ can actualy send you to prison. Intent is considered.
DwayneMendoza
Member
The times they are a changing there is proposed legislation that will change everything from patient rights to a "registry list (names and address patient and grow locations)" to dispensary laws and everything in between.
Here is a link when reading the bill be sure to read up on the referenced rcw's within the bill don't just read the surface of the bill, also consider no matter what legislation the state passes federal law will always trump state law.
IMO I would wait to see what the outcome of this is before taking the steps to open a dispensary.
http://cdc.coop/2011_legislation
Below is the proposed section about licensed dispensaries
4 PART VII
5 LICENSED DISPENSERS
6 NEW SECTION. Sec. 701. Provided they are acting in compliance
7 with the terms of this chapter and rules adopted to enforce and carry
8 out its purposes, licensed dispensers and their employees, members,
9 officers, and directors may deliver, distribute, dispense, transfer,
10 prepare, package, repackage, label, relabel, sell at retail, or possess
11 cannabis intended for medical use by qualifying patients, including
12 seeds, seedlings, cuttings, plants, useable cannabis, and cannabis
13 products, and shall not be arrested, searched, prosecuted, or subject
14 to other criminal sanctions or civil consequences under state law, or
15 have real or personal property searched, seized, or forfeited pursuant
16 to state law, for such activities, notwithstanding any other provision
17 of law.
18 NEW SECTION. Sec. 702. (1) By July 1, 2012, taking into
19 consideration the security requirements described in 21 C.F.R. 1301.71-
20 1301.76, the secretary shall adopt rules:
21 (a) Establishing requirements for the licensure of dispensers of
22 cannabis for medical use, setting forth procedures to obtain licenses,
23 and determining expiration dates and renewal requirements;
24 (b) Providing for mandatory inspection of licensed dispensers'
25 locations;
26 (c) Establishing procedures governing the suspension and revocation
27 of licenses of dispensers;
28 (d) Establishing recordkeeping requirements for licensed
29 dispensers;
30 (e) Fixing the sizes and dimensions of containers to be used for
31 dispensing cannabis for medical use;
32 (f) Establishing safety standards for containers to be used for
33 dispensing cannabis for medical use;
34 (g) Establishing cannabis storage requirements, including security
35 requirements;
Code Rev/AL:lel 22 S-0279.3/11 3rd draft
1 (h) Establishing cannabis labeling requirements;
2 (i) Establishing physical standards for cannabis dispensing
3 facilities;
4 (j) Establishing physical standards for sanitary conditions for
5 cannabis dispensing facilities;
6 (k) Establishing physical and sanitation standards for cannabis
7 dispensing equipment;
8 (l) Enforcing and carrying out the provisions of this section and
9 the rules adopted to carry out its purposes; and
10 (m) Establishing license application and renewal fees adequate to
11 recapture the cost to the state of implementing, maintaining, and
12 enforcing the provisions of this section and section 903 of this act
13 and the rules adopted to carry out their purposes, pursuant to the
14 secretary's authority under RCW 43.70.250. Such fees shall reflect a
15 range of classes of licenses, varying in proportion to revenues
16 received by the licensees.
17 (2) Fees collected under this section must be deposited into the
18 health professions account created in RCW 43.70.320.
19 (3) During the rule-making process, the department shall consult
20 with stakeholders and persons with relevant expertise, to include but
21 not be limited to qualifying patients, designated providers, health
22 care professionals, state and local law enforcement agencies, and the
23 department of agriculture.
24 NEW SECTION. Sec. 703. A new section is added to chapter 82.08
25 RCW to read as follows:
26 The tax levied by RCW 82.08.020 shall not apply to sales of useable
27 cannabis or cannabis products intended for medical use that are
28 dispensed to qualifying patients or designated providers by dispensers
29 licensed under chapter 69.51A RCW and the rules adopted to carry out
30 its purposes.
31 NEW SECTION. Sec. 704. A licensed dispenser shall not sell
32 cannabis received from any person other than a licensed producer or
33 licensed processor of cannabis products, or sell or deliver cannabis to
34 any person other than a qualifying patient, designated provider, or
35 licensed provider except as provided by court order. Violation of this
36 section is a class C felony punishable according to chapter 9A.20 RCW.
Here is a link when reading the bill be sure to read up on the referenced rcw's within the bill don't just read the surface of the bill, also consider no matter what legislation the state passes federal law will always trump state law.
IMO I would wait to see what the outcome of this is before taking the steps to open a dispensary.
http://cdc.coop/2011_legislation
Below is the proposed section about licensed dispensaries
4 PART VII
5 LICENSED DISPENSERS
6 NEW SECTION. Sec. 701. Provided they are acting in compliance
7 with the terms of this chapter and rules adopted to enforce and carry
8 out its purposes, licensed dispensers and their employees, members,
9 officers, and directors may deliver, distribute, dispense, transfer,
10 prepare, package, repackage, label, relabel, sell at retail, or possess
11 cannabis intended for medical use by qualifying patients, including
12 seeds, seedlings, cuttings, plants, useable cannabis, and cannabis
13 products, and shall not be arrested, searched, prosecuted, or subject
14 to other criminal sanctions or civil consequences under state law, or
15 have real or personal property searched, seized, or forfeited pursuant
16 to state law, for such activities, notwithstanding any other provision
17 of law.
18 NEW SECTION. Sec. 702. (1) By July 1, 2012, taking into
19 consideration the security requirements described in 21 C.F.R. 1301.71-
20 1301.76, the secretary shall adopt rules:
21 (a) Establishing requirements for the licensure of dispensers of
22 cannabis for medical use, setting forth procedures to obtain licenses,
23 and determining expiration dates and renewal requirements;
24 (b) Providing for mandatory inspection of licensed dispensers'
25 locations;
26 (c) Establishing procedures governing the suspension and revocation
27 of licenses of dispensers;
28 (d) Establishing recordkeeping requirements for licensed
29 dispensers;
30 (e) Fixing the sizes and dimensions of containers to be used for
31 dispensing cannabis for medical use;
32 (f) Establishing safety standards for containers to be used for
33 dispensing cannabis for medical use;
34 (g) Establishing cannabis storage requirements, including security
35 requirements;
Code Rev/AL:lel 22 S-0279.3/11 3rd draft
1 (h) Establishing cannabis labeling requirements;
2 (i) Establishing physical standards for cannabis dispensing
3 facilities;
4 (j) Establishing physical standards for sanitary conditions for
5 cannabis dispensing facilities;
6 (k) Establishing physical and sanitation standards for cannabis
7 dispensing equipment;
8 (l) Enforcing and carrying out the provisions of this section and
9 the rules adopted to carry out its purposes; and
10 (m) Establishing license application and renewal fees adequate to
11 recapture the cost to the state of implementing, maintaining, and
12 enforcing the provisions of this section and section 903 of this act
13 and the rules adopted to carry out their purposes, pursuant to the
14 secretary's authority under RCW 43.70.250. Such fees shall reflect a
15 range of classes of licenses, varying in proportion to revenues
16 received by the licensees.
17 (2) Fees collected under this section must be deposited into the
18 health professions account created in RCW 43.70.320.
19 (3) During the rule-making process, the department shall consult
20 with stakeholders and persons with relevant expertise, to include but
21 not be limited to qualifying patients, designated providers, health
22 care professionals, state and local law enforcement agencies, and the
23 department of agriculture.
24 NEW SECTION. Sec. 703. A new section is added to chapter 82.08
25 RCW to read as follows:
26 The tax levied by RCW 82.08.020 shall not apply to sales of useable
27 cannabis or cannabis products intended for medical use that are
28 dispensed to qualifying patients or designated providers by dispensers
29 licensed under chapter 69.51A RCW and the rules adopted to carry out
30 its purposes.
31 NEW SECTION. Sec. 704. A licensed dispenser shall not sell
32 cannabis received from any person other than a licensed producer or
33 licensed processor of cannabis products, or sell or deliver cannabis to
34 any person other than a qualifying patient, designated provider, or
35 licensed provider except as provided by court order. Violation of this
36 section is a class C felony punishable according to chapter 9A.20 RCW.
DwayneMendoza
Member
Ackmo,
It's not law (YET) Senator Kohl-Welles and the ACLU are working on this piece of legislation as we speak.
It's not law (YET) Senator Kohl-Welles and the ACLU are working on this piece of legislation as we speak.
DwayneMendoza
Member
Mind you I am not a lawyer and this is info that I've found from reading RCW's and other forums the laws are constantly changing and as a patient I am doing my best to stay informed about my rights and protections The current law is only 7 pages and is pretty straight forward IMO. This new legislation is 35 pages long and there is plenty of things in there that sound great but don't be fooled this bill is nothing more than a Trojan Horse. Everyone do yourselves a favor set aside 2 or 3 hours grab a fatty open 3 browsing windows, 1 window to view the bill the 2nd window to look up the RCW's that are refferenced within the bill and the 3rd window to a legal dictionary.
Yes I believe it would have to go through the full process to get on the ballot and voted on ect...
Right now we are still in the gray area that appleseed spoke of.
The current law in full is at http://apps.leg.wa.gov/RCW/default.aspx?cite=69.51a&full=true
The section you should pay special attention to is below especially B & D
69.51A.010
Definitions.
(1) "Designated provider" means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in writing by a patient to serve as a designated provider under this chapter;
(c) Is prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as designated provider; and
(d) Is the designated provider to only one patient at any one time.
Yes I believe it would have to go through the full process to get on the ballot and voted on ect...
Right now we are still in the gray area that appleseed spoke of.
The current law in full is at http://apps.leg.wa.gov/RCW/default.aspx?cite=69.51a&full=true
The section you should pay special attention to is below especially B & D
69.51A.010
Definitions.
(1) "Designated provider" means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in writing by a patient to serve as a designated provider under this chapter;
(c) Is prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as designated provider; and
(d) Is the designated provider to only one patient at any one time.
This guys' come out like a fireball!!! 5 posts and all spouting legal rhetoric! Friend?
DwayneMendoza
Member
Beardogg,
I have enough friends I don't need any more but I'll tell you what I am a patient worried about my rights, and I am really fucking concerned with whats going on this year in our legislature so I decide to educate myself and share what I've learned with others. But I got you reading
I have enough friends I don't need any more but I'll tell you what I am a patient worried about my rights, and I am really fucking concerned with whats going on this year in our legislature so I decide to educate myself and share what I've learned with others. But I got you reading