Is Selling Medical Marijuana To More Than Five Patients Legal Now?

[trichcycler]

a cg has five registered patients, with cards to prove it. can they also sell to 10 or 100 other patients that have valid cards at the same time ? like at a farmers market, dispensary, club, provisioning center, craigslist, from a car, office......

 

 

[Kingdiamond]

No

[imiubu]

Oh boy, here we go again

[beourbud]

a cg has five registered patients, with cards to prove it. can they also sell to 10 or 100 other patients that have valid cards at the same time ? like at a farmers market, dispensary, club, provisioning center, craigslist, from a car, office......

 

did you bump your head?

[pic book]

a cg has five registered patients, with cards to prove it. can they also sell to 10 or 100 other patients that have valid cards at the same time ? like at a farmers market, dispensary, club, provisioning center, craigslist, from a car, office......

aren't you a cg, grasssmatch?  don't you know this stuff, like for the last 2 years or so?  anyone at anytime can be arrested for selling to any person or patient (no diff) that they don't have registered to them--as their patient.  Thousands of illegal trans occur daily. Some places it is safe to sell to anybody--some not so much.  Probly only 1 of 3700 trans results in arrest.  But you sell to more than 5 registereds to you?

Illegal

always.

[pic book]

one can be forgiven for thinking it's ok to sell to anyone, why can't I?

14.7 MILLION illegal trans per year, why shoudn't i get my piece as a disp or less public vendor?  ONLY 1 IN 3700 HAS A PROBLEM, AND YOU'RE IN THE 3699 WHO NEVER will have a problem, RIGHT?

why not?

It's illegal.

Which may matter to some but obviously it doesn't matter much to most.  It's called, "THE COLORADO EFFECT."

[phaquetoo]

a cg has five registered patients, with cards to prove it. can they also sell to 10 or 100 other patients that have valid cards at the same time ? like at a farmers market, dispensary, club, provisioning center, craigslist, from a car, office......

no newbie!  but no one is stopping you or the f.m's, well some of the f.m's have been warned first and shut down later, or in dif countys they treat it dif,  I heard they have a few despenses in lansing, go open an f.m in lansing they seem to be ok with it!

 

Peace

 

edit= oakland couty is mm friendly also

Edited April 7, 2014 by phaquetoo

[phaquetoo]

a cg has five registered patients, with cards to prove it. can they also sell to 10 or 100 other patients that have valid cards at the same time ? like at a farmers market, dispensary, club, provisioning center, craigslist, from a car, office......

Are you bored?  you trouble maker! bawahahahahaha!

[trichcycler]

nah, but reading the days posts you'll see the concept has been put forth by restorium. he makes some valid points of the law, and I think I see possible defenses, however, I absolutely know that the aforementioned activity is illegal. I was hoping others would see his points, and we could discuss it, or even whip the b'jeezus out another horse even..lol

 

I hope you all saw the question more as a discussion point than one of my interpretation of the law, geesh, should know me better by now right...

I don't even even know more than the five patients of mine that regularly use cannabis. Me? heck, I only use just enough to avoid those pesky overages.  

[trichcycler]

I am a cg, and I think I know this stuff, since our law passed. I have 3-5 patients always, depending on how tired I am. I don't share with anyone else. My wife comments on the smells of fresh harvest, or a dab, or a new joint, but other than that nobody sees my flowers by my hand.

see above post

aren't you a cg, grasssmatch?  don't you know this stuff, like for the last 2 years or so?  

[bobandtorey]

http://michiganmedicalmarijuana.org/topic/23775-people-v-provost/

[Restorium2]

nah, but reading the days posts you'll see the concept has been put forth by restorium. he makes some valid points of the law, and I think I see possible defenses, however, I absolutely know that the aforementioned activity is illegal. I was hoping others would see his points, and we could discuss it, or even whip the b'jeezus out another horse even..lol

 

I hope you all saw the question more as a discussion point than one of my interpretation of the law, geesh, should know me better by now right...

I don't even even know more than the five patients of mine that regularly use cannabis. Me? heck, I only use just enough to avoid those pesky overages.  

Nothing new really. Just the 'other part' of our law that doesn't have the same concrete, spelled out, numerical restrictions, like 5 patients, 2.5 ounces. You know, the part of the law that all of our opponents want to be ignored. I assure you, it's right there and real. It was first indicated with the ballot language. Yup, it's original to our law. It has come back to the forefront, just lately, as we try to see how the entrapment laws apply to medical cannabis sales. Since the law was written to protect some unregistered sales then it would be entrapment for law enforcement to use false paperwork when conducting an unregistered sale/buy that could be excused with a section 8 (MMMP law) defense. Edited April 8, 2014 by Restorium2

[trichcycler]

...those are points worthy of discussion, thank you for the addition Restorium.

[bobandtorey]

Nothing new really. Just the 'other part' of our law that doesn't have the same concrete, spelled out, numerical restrictions, like 5 patients, 2.5 ounces. You know, the part of the law that all of our opponents want to be ignored. I assure you, it's right there and real. It was first indicated with the ballot language. Yup, it's original to our law. It has come back to the forefront, just lately, as we try to see how the entrapment laws apply to medical cannabis sales. Since the law was written to protect some unregistered sales then it would be entrapment for law enforcement to use false paperwork when conducting an unregistered sale/buy that could be excused with a section 8 (MMMP law) defense.

i agree but only if someone had the money and can deal with the stress of years of court battles 

[GregS]

Not under sec. 4 of the law. Sec. 8, however, can very well can protect you, but it is not without substantial risk. People do it all day at GC3. There are also a few steps you can take to help ensure protection.

 

Giddiup

Edited April 8, 2014 by GregS

[pic book]

Not under sec. 4 of the law. Sec. 8 can very well can protect you, but it is not without substantial risk. People do it all day at GC3. There are also a few steps you can take to help ensure protection.

 

Giddiup

gc3, disps, smuggling to growers who can't anymore as of april 1 in canada? on the street workin' a package?  all the same thing, and only legal if you get away with it....can you coin enuf fast enuf to get rich and still have $ for your loved ones to live on while you serve attys with your fortune and buy canteen every day?  how about the formerly mobile wax butane processsor wagons doing trim sacks at 50% cut, now perched discreet in store fronts next to disps?? giddiup for slinging dope under the guise of the mmma 2008.   what law?  only if you get unlucky.

[+Malamute]

To answer topic question,... not it is not legal nor has it ever been.

 

A Sec. 8 Affirmative Defense, even if successful and rare as it has been to be so, does not make it "legal". It means you were able to get the criminal charges against you dropped due to extenuating circumstances and in accordance with the 3 principles of the Sec. 8 defense.  Sec. 8 does not make anything legal, It is merely a justified crime you have committed if proven and accepted by the Judge.

[Restorium2]

To answer topic question,... not it is not legal nor has it ever been.

 

A Sec. 8 Affirmative Defense, even if successful and rare as it has been to be so, does not make it "legal". It means you were able to get the criminal charges against you dropped due to extenuating circumstances and in accordance with the 3 principles of the Sec. 8 defense.  Sec. 8 does not make anything legal, It is merely a justified crime if proven and accepted by the Judge.

From the ballot language; The law was written to make unregistered use only excusable then, not really legal? Or is that just where we ended up at in the reality of the situation?

[+Malamute]

It allows a defense to be presented. 

 

"Permit registered and unregistered patients and primary caregivers to assert medical reasons for using marihuana as a defense to any prosecution involving marihuana."

[Highlander]

Dr. Bob made an interesting point a while back. Sec. 8 is an affirmative defense, just like justifiable homicide is an affirmative defense. But you don't go around looking for someone who you can present a justifiable reason to kill. So the discussion really should not be whether or not the action is legal ( because by definition, it is illegal) rather the discussion should be about whether it is a good idea.

 

It would be nice to get to a point where a local PA gives the wink and nod that certain Sec 8 actions are clearly dismissible and therefore perusing cases isn't a good use of prosecutable resources...similar to the Ogden memo. But this should be a proactive approach for the MJ community to take, rather than patients and caregivers coming from a defensive position.

Edited April 8, 2014 by Highlander

[Restorium2]

It allows a defense to be presented.

If unregistered sales are possibly defendable does that meet the level of a legal action as to make selling to a cop with a fake card entrapping someone to do something illegal when they intended to stay within the law?

[+Malamute]

Even if dismissable, it is still arrestable. ;-)

 

 But I am totally with ya guys on this too. :-)

 

 Each Affirmative defense is unique of itself. Extrapolation from a successful one can be a false sense of security.

[+Malamute]

 Well,... I can argue all day about entrapment stuff. :-) I assume we all come down on the same side of that argument philosophically,  but, if you are committing an action that is not covered in Sec. 4(respectively), you are committing a crime and current accepted principles of entrapment would apply.

[GregS]

Dr. Bob made an interesting point a while back. Sec. 8 is an affirmative defense, just like justifiable homicide is an affirmative defense. But you don't go around looking for someone who you can present a justifiable reason to kill. So the discussion really should not be whether or not the action is legal ( because by definition, it is illegal) rather the discussion should be about whether it is a good idea.

 

 

I'm afraid that is a non-sequitur HL. Sec. 8 is no less legal than sec. 4, which has been ruled in the courts a carved out protection for illegal acts.

Edited April 8, 2014 by GregS

[Restorium2]

I'm afraid that is a non-sequitur HL. Sec. 8 is no less legal than sec. 4, which has been ruled in the courts as a carved out protection for illegal acts.

I think you just might be equating legal with excusable. That would be a mistake in reasoning.