deprave
New Member
the attorney who wrote the law on its intentions: http://www.upnorthmedia.org/watchupnorthtv.asp?SDBFid=2198
The patients gray areas
- Thread starter probo24
- Start date
NBKA
Active Member
I have yet to see this in Black and white, P2P's are as far as I can tell, Ilegal!
I really want someone to prove me wrong here, please anyone?
guy incognito
Well-Known Member
"providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient's medical use of marihuana."
my question is does marijuana count as "marihuana paraphernalia"? I would tend to think the paraphernalia qualifier would mean anything associated with cultivating or smoking thats not the actual plant itself. If thats the case then I think this only proves you can operate a head/grow shop without selling any actual marijuana and do so legally.
"Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not allowed to use marihuana for medical purposes under this act shall have his or her registry identification card revoked and is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marihuana."
This doesnt mean p2p transfer is legal. I read this as meaning if you sell to someone without their card you will lose your registration card and get charged with a felony. It doesnt say p2p is legal, it just doesnt specify the penalties in that case. It seems to me p2p may be illegal, but they wont be able to revoke your card for it.
guy incognito
Well-Known Member
and if marijuana does in fact fall under the catagory of "maihuana paraphernalia" then i think p2p would clearly be legal. im just not sure it does.
deprave
New Member
the important thing I quoted was the definition for 'medical use' (of marijuana).
Here is the important part:
I am sorry this has been discussed on other boards and other threads before and the conclusion is always p2p is legal and other types of transactions are questionable, I am trying to dig it up for you but it is based mainly on that definition above...this was discussed in great detail in the earl days of the law, I am trying to dig it up, this is why the dispensaries started opening because everyone felt it would be legal for patients to transfer to other patients...but I mean your right its not clearly legal and I think anyone should use caution with this because ultimately it is up the courts to decide untill we get an amendment like Rhode Island.
deprave
New Member
"4. Protections for the Medical Use of Marihuana.
I put the 'a' in bold and size 7 to point out the fact that it does not say "with assisting their registered qualifying patients", but it says "with assisting a registered qualifying patient"
if we look at the definitions page and look at the words "medical use" and "marihuana paraphernalia...
deprave
New Member
when I stated "100%" that was a major overstatement and I apologize, selling marijuana any way you look at it is dangerous even if it was clearly legal on the state level, the DEA is all over and there is undercover and informants everywhere, don't be a fool and think you can sell a bunch of marijuana without any heat, you don't want to sell a bunch of marijuana to people you don't know or dispensaries in my opinion that is very risky. The prohibition is still alive and kickin' in the USA so I wouldn't advise anyone to pretend its not. You should still be using street tactics if you engage in marijuana, legal on the state level or not.
If you never sell to an informant or an undercover and don't have selling paraphernalia like for example scales and/or a bunch of separate baggies or something it goes along way to protect yourself.
If you never sell to an informant or an undercover and don't have selling paraphernalia like for example scales and/or a bunch of separate baggies or something it goes along way to protect yourself.
probo24
Well-Known Member
If one thing is clear from all of this it's that, depending on how you define whatever portion of the law you're looking at.
One can clearly see, in certain cases, a point could be made that as written, one might think a particular part of law
when looked at from a particular position, could be argued the point is then valid, but not to be misinterpreted as fact, in
accordance with guidelines of a particular portion of law that refers to, in hindsight said valid position.
Ever get the feeling, the only one's meant to profit from medical marijuana are the cops, courts, and defense attorneys?
One can clearly see, in certain cases, a point could be made that as written, one might think a particular part of law
when looked at from a particular position, could be argued the point is then valid, but not to be misinterpreted as fact, in
accordance with guidelines of a particular portion of law that refers to, in hindsight said valid position.
Ever get the feeling, the only one's meant to profit from medical marijuana are the cops, courts, and defense attorneys?
TheKindTree
Member
paraphernalia is not in the same category as marijuana, paraphernalia is more of the pipes, papers etc......
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