Granfathered but....

Gquebed

Gquebed

Well-Known Member
I imagine that there must be a number of people in my situation, which is....

...with the new HC program that was to take effect, I figured I would just let my grow license expire(Feb 6/14) and sign on with an LP for my Meds. Now...with the injunction orwhatever, I guess I can grow again. BUT I have changed addresses. I am rentinganother place. So what do I do? Should I ask for landlord's permission eventhough HC most probably won't do an address change on a license they think is expired?Or should I just grow and not worry about it? (thinking that if I grow muchless that my license permits then law enforcement won't bother with chargesuntil this whole thing is sorted out)
 
mojoganjaman

mojoganjaman

Well-Known Member
if you signed with an LP, I'm not sure, but I think you screwed yourself...I never even considered paying beau-coup dough for something I kin grow myself...I'm gonna grow 25 outdoors this year...5 less than last year...my script is for 34 outdoors and 128 indoors...I currently have 15 indoor plants and 21 clones for later this year, I'm also gonna source a few different strains...keep your MMAR papers and keep below your limit...should be good green for you!!!!



mojo
 
G

gb123

Well-Known Member
Grow less? Why?
Not sure about your land lords INS. It is not your place after all. Might limit you to outside once a year or DG.
Ask a Lawyer
 
mojoganjaman

mojoganjaman

Well-Known Member
gb123 said:
Grow less? Why?
Not sure about your land lords INS. It is not your place after all. Might limit you to outside once a year or DG.
Ask a Lawyer
Click to expand...
ok...I have a fucked up back...last year was too much for me...5 less will still be too much work at harvest, but a friend also has the same script tied to my place( yes...if we had the space we could grow 64 outdoors and 256 indoors...we don't have the space and we aren't dealers) ,he is in better shape than me so he helps with the grunt work....we own our place so landlords are not an issue...oops....re-reading, this may not have been for me...I may have responded when one was not needed....oh well...I'll stick this here anyways...;)))



mojo
 
OGEvilgenius

OGEvilgenius

Well-Known Member
You need to file a separate case. The injunction doesn't allow you to change addresses and did not rule on new patients. Health Canada isn't accepting anymore changes or new applicants for the old program. The only way to fight that is through the courts.
 
R.Raider

R.Raider

Well-Known Member
OGEvilgenius said:
You need to file a separate case. The injunction doesn't allow you to change addresses and did not rule on new patients. Health Canada isn't accepting anymore changes or new applicants for the old program. The only way to fight that is through the courts.
Click to expand...
So are they doing renewals than for the current and old patients or how does that work? My license expires Apr18/14 but my patients expired a couple months ago.
 
WHATFG

WHATFG

Well-Known Member
Here is what the decision states in summary:

1.The Applicants who as of the date of this ordere hold a valid atp are exempt from the repeal of MMAR to the extent that such an ATP shal remain valid until such time as a decision in this case is rendered and subject to 2

this part

2.The terms for the applicants holding a valid atp shalll be in accordance with the terms of the atp held by the applicant as of the date of the order notwithstanding the expiry date stated on the atp except the max possession is 150g or less.

3. Applicants who held as of Sept 30, 2013 or were issued thereafter a valid PUPL or a DPPL are exempt from the repeal of the MMAR and any other operation of the MMPR, to the extent that dppl or pupl shall remain alid uhntil such time as a decision is renedered at trial and subject to 4

4. The terms of the exemption for PuPl or DPPL is in accordance with their licence notwithstanding the expiry date on the licence.

So there you have it. If you were already authorized you are exempt. Period.
 
Gquebed

Gquebed

Well-Known Member
WHATFG said:
Here is what the decision states in summary:

1.The Applicants who as of the date of this ordere hold a valid atp are exempt from the repeal of MMAR to the extent that such an ATP shal remain valid until such time as a decision in this case is rendered and subject to 2

this part

2.The terms for the applicants holding a valid atp shalll be in accordance with the terms of the atp held by the applicant as of the date of the order notwithstanding the expiry date stated on the atp except the max possession is 150g or less.

3. Applicants who held as of Sept 30, 2013 or were issued thereafter a valid PUPL or a DPPL are exempt from the repeal of the MMAR and any other operation of the MMPR, to the extent that dppl or pupl shall remain alid uhntil such time as a decision is renedered at trial and subject to 4

4. The terms of the exemption for PuPl or DPPL is in accordance with their licence notwithstanding the expiry date on the licence.

So there you have it. If you were already authorized you are exempt. Period.
Click to expand...
Thanks for confirming that I am still exempt. So you don't think I should be worried about my change of address?

I suspect that because I am still exempt and because HC willnot take any paperwork for the recent address change (renters require writtenpermission from landlords as part of the licensing application) then the courtswould likely uphold the exemption because HC is not accommodating.
 
WHATFG

WHATFG

Well-Known Member
Gquebed said:
Thanks for confirming that I am still exempt. So you don't think I should be worried about my change of address?

I suspect that because I am still exempt and because HC willnot take any paperwork for the recent address change (renters require writtenpermission from landlords as part of the licensing application) then the courtswould likely uphold the exemption because HC is not accommodating.
Click to expand...
you may want to inform them...that's a sticky one because you rent...me personally, if I'm exempt...I'm exempt. The ruling only addresses ATP, pupl and DPPL. As far as I'm concerned, if I had moved during the interim I would still consider myself exempt.
 
OGEvilgenius

OGEvilgenius

Well-Known Member
R.Raider said:
So are they doing renewals than for the current and old patients or how does that work? My license expires Apr18/14 but my patients expired a couple months ago.
Click to expand...
You're fine until the case is settled. It's a grandfathering situation and no changes will be allowed.

So if you move you won't be legal anymore although you could fight it and probably win at the very least a short term injunction until your case is heard.
 
OGEvilgenius

OGEvilgenius

Well-Known Member
WHATFG said:
Here is what the decision states in summary:

1.The Applicants who as of the date of this ordere hold a valid atp are exempt from the repeal of MMAR to the extent that such an ATP shal remain valid until such time as a decision in this case is rendered and subject to 2

this part

2.The terms for the applicants holding a valid atp shalll be in accordance with the terms of the atp held by the applicant as of the date of the order notwithstanding the expiry date stated on the atp except the max possession is 150g or less.

3. Applicants who held as of Sept 30, 2013 or were issued thereafter a valid PUPL or a DPPL are exempt from the repeal of the MMAR and any other operation of the MMPR, to the extent that dppl or pupl shall remain alid uhntil such time as a decision is renedered at trial and subject to 4

4. The terms of the exemption for PuPl or DPPL is in accordance with their licence notwithstanding the expiry date on the licence.

So there you have it. If you were already authorized you are exempt. Period.
Click to expand...
That is not what this says. This says you are not allowed to make any changes. You are ok as long as your ATP is in line with your current situation. They aren't allowing new patients or changes to the ATP and a different case will have to be heard. I don't think we are going to win, even the injunction is not very friendly to us.
 
cannadan

cannadan

Well-Known Member
Hey Guys...Unless you are making changes to the qtys of the prescription or address or grow location...kind of thing....
then it should be business as usual....when it comes to your renewal...send them in ...at least up till March 31.....they have to accept it....
I received back copies of both...renewed....so the copies are in force...however this time they put the expiry at the end of the month....with the assumption the MMPR would just
progress as planned...IT did not proceed quite as HC planned....so the extention of both programs running concurrent...
Gquebed...Your position is more complicated by the fact you have a change of address....but utimately as a patient....your needs outweigh ..HC's needs to regulate...
so you kinda answered your own question...lol
Most likely no judge will convict you especially if you tried to follow protocol and register everything to the MMar...as usual...but they refused to process...(assuming they do)....You might be surprised too.
Good luck...
 
GrowRock

GrowRock

Well-Known Member
My thoughts exactly dan. In the courts eyes it doesn't matter when you reciieved your papers if you can't access your medicine strain, jucinig materials, affordable medicine etc. then your section 7 of the charter has been violated and no court would convict unless the charter is re written.
 
cannadan

cannadan

Well-Known Member
Patients should be spending their time either getting better or trying to feel better....or at least the best they can....given their particular circumstance....
the rest of this stuff....should basically matter not.....and should only be a small amount of background time and work put into it.
It should not be all time consuming and difficult, requiring oodles of red tape and qualifying...requirements.....that stuff is straight up BS
 
GrowRock

GrowRock

Well-Known Member
you are 1000% right dan. It should be over already... Unless hitler is rewriting the constitution then it is over in my eyes and my lawyers eyes.... I really hope for every Canadian that Harper sees him and his clowns have done enough damage and leave the charter alone
 
cannadan

cannadan

Well-Known Member
Our fore fathers must have seen Harpie coming.....(Hey Wilfred....." I'snt that Harpers boy over there....??Ya I think so Pierre...My god we better write this up careful...that kid could end up PM some day" (Say it isn't so" )
 
WHATFG

WHATFG

Well-Known Member
OGEvilgenius said:
That is not what this says. This says you are not allowed to make any changes. You are ok as long as your ATP is in line with your current situation. They aren't allowing new patients or changes to the ATP and a different case will have to be heard. I don't think we are going to win, even the injunction is not very friendly to us.
Click to expand...
I disagree. As long as you were in possession of,an ATP, pupl, or DPPL as of Sept 30, 2013, or if they accepted it after ( as in my case) you are exempt with the exception of the 150g possession limit. No one can help that the government outted them. So what your saying is that if I had to move since receiving my ATP and pupl they are no longer valid? I would dare anyone to argue that one in court. I was still in authorized to posses and grow...not my fault the gov fucked up. There actually are no provisions in the decision for outlying circumstances. It's actually pretty vague.
 
GrowRock

GrowRock

Well-Known Member
You could also use there public safety propaganda against them.... You need to move because your neighbours and yourself were at risk...
 
cannadan

cannadan

Well-Known Member
Excellent points...your hand could be forced....by their actions....so why hold that against those most in need...
 
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