Seed Banks ?

[Cap'N Kush]

Just wondering why there isn't any. With the things the way they are, why not open a seed bank.

 

Are they legal?

 

Would they get raided and shut down.

 

Would any one go to one.

 

No meds, no clones, Just seeds.

[Sparky]

We have a seed store in Anyway County. Legal.

Edited November 13, 2014 by janefacej

[mibrains]

seeds are specifically described as not included in the weight and measure of cannabis..

 

that being said...

 

The Legal system has mixed feelings when it comes to "selling" cannabis seeds.

 

call it what you want...

 

according to the FDA - Seeds = cannabis

 

go big = go to jail

 

stay smart = stay small = the American Capitalistic way = staying safe.

 

bottom line?

 

as a certified patient do what you must to obtain the genetics of cannabis that help you because the Michigan Supreme Court has ruled that you as a patient are protected to procure cannabis from "any Source"

Edited November 13, 2014 by mibrains

[Kingdiamond]

Seeds to my knowledge are legal until someone germinates them .

[Wild Bill]

Seeds to my knowledge are legal until someone germinates them .

 

Like opium poppies are legal until they are harvested.

[trichcycler]

seeds are cannabis. cannabis possession is illegal. mailing cannabis is illegal. selling cannabis is illegal. germinating cannabis is illegal. A card from LARA supposedly protects some of us when we break some of those laws

[Cap'N Kush]

Janefacej you got a name, if you can't post it shoot me a pm. I'd like to check it out.

 

I realize you can order all sorts of beans online. Just wondering why seed banks haven't poped or got popular.

 

Back in early 2000 they were all over cananda. There was like two or three in Windsor.

[Sparky]

It's Vaporz in Adrian. I was told seeds are legal, cuttings are ok, but clones are not.

Vaporz requires ID and a MMM card to get in.

Edited November 13, 2014 by janefacej

[trichcycler]

you were lied too by a for profit vendor, go figure. caveat emptor.

 

I see no differentiation in our Act between a clone and a cutting. that's made up info. successful too.

marijuana possession encompasses the seeds of the plant.

 

http://michiganmedicalmarijuana.org/topic/42633-purchasing-seeds-online-legal-or-not/

[Wild Bill]

I see no differentiation in our Act between a clone and a cutting.

It's not in the act. I believe the courts have interpreted that if it has no roots it is not a plant.

 

Clones have roots and count toward plant count. Cuttings without roots are not counted as being plants.

 

(Of course that all depends on which courtroom you're in.)

[trichcycler]

 I know for fact I am not allowed to store 15 ounces of preserved cuttings in stasis, with no roots. I asked the guy operating the battering ram.

[trichcycler]

Edited November 13, 2014 by grassmatch

[trichcycler]

as far as I know the state did not redefine what a plant is or is not.

[Sparky]

I don't think I was lied to. Been up and running for some time w/out incident. They have a Facebook page if anyone wants to look. Good people, helpful.

[Wild Bill]

as far as I know the state did not redefine what a plant is or is not.

http://openjurist.org/35/f3d/442/united-states-v-robinson

Other circuits have unanimously decided that marijuana cuttings must have root formations to be considered plants for sentencing purposes. United States v. Burke, 999 F.2d 596, 601 (1st Cir.1993) ("at the first sign of roots, a plant exists for sentencing purposes"); United States v. Edge, 989 F.2d 871, 877 (6th Cir.1993) (plant exists if there is "some readily observable evidence of root formation"); United States v. Curtis, 965 F.2d 610, 616 (8th Cir.1992). These courts have found that Congress intended to create a clear, easily-implemented standard rather than one requiring extensive litigation and expert botanical testimony. E.g., Edge, 989 F.2d at 878 (quoting United States v. Eves, 932 F.2d 856, 860 (10th Cir.), cert. denied, --- U.S. ----, 112 S.Ct. 236, 116 L.Ed.2d 192 (1991)).

[trichcycler]

there you have it. 15 ounces of cuttings are legal after all. thanks wild bill.

 

so why now does anyone have any issue with plant counts or supply if they are legally allowed to have unlimited cuttings trying to root? this is new to me.

a tray of cuttings have been prosecuted recently since 2008 ?

 

However, you were lied to. Anyone that is not your registered caregiver is breaking the law when they sell you any cannabis.

 

we cant confuse possession, plant counts, and illegal transfers.  you are protected in the sale, but the sale remains illegal.

[trichcycler]

 

 

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#16 kruztydj

 

 

 

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Posted 02 December 2010 - 07:50 PM

 

We had one of our club members go to jail for UN rooted clones. He was 4 over and had just cut the clones,,,, didn't matter.... As stated there is no case law on this and EACH prosecutor is doing it diffrently. If it's in a pot or glass of water and is intented to be a plant then make no dought they'll count the cut without roots and bust ya for it if over. I count ALL my cuts roots or not, but I'm not looking to spend $10.000.000 on lawyer fees fighting what a plant or not is in court. If you want to be dam sure your legal then my best advise would be to count them all untill case law defines this more.

 

I went to our prosecutor and asked him and he said if it's in a pot it's a plant. That includes cloners, glasses of water or whatever. If ya got it intended to be a plant then it is one.Your county maybe diffrent so good luck to ya if ya dont know how they'll handle ya if your over and claiming unrooted clones dont count. Ya maybe sitting in jail waiting for them to figure it out......

 

Callem and ask

[trichcycler]

Michael Komorn

 

 

 

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Posted 27 June 2010 - 06:53 AM

 

Clones not technically a "plant"

 

The federal definition requires a marijuana cutting have roots, a rootball, or root hairs observable to the naked eye in order to be considered a marijuana plant. That definition is in the notes in the Guidelines at 2D1.1, note 17. There is case law that says essentially the same thing.

 

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[trichcycler]

Michael Komorn

 

 

 

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Posted 03 December 2010 - 04:22 AM

 

For Michigan criminal law, every cutting is a plant, roots or not. For Federal law, a plant must have roots to be counted. For Michigan Medical Marijuana law, there is not binding cases on this. There has been at least one case, no roots, no plant. But in every case the prosecutor charges the patient with the amount of plants that includes cuttings with no roots. A Michigan State botanist testified in a Medical Marijuana case and said no roots = no plant and the judge agreed.

 

State police have been good in a number of raids and not counted unrooted clones. Most drug squads count unrooted clones, because that is how they have always done it.

 

The spirit of the law would say no roots, no plants, but we can not always count on the courts supporting the spirit of the law.

[trichcycler]

definitely a worthwhile subject !

 

If cuttings are not plants, I wonder how leo would view 50 unrooted cuttings under a light, in a patients basement, while his card does no give him a right to possess plants?? yep, we all know how that would go down don't we?

 

The Digital Nomad

 

 

 

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Posted 30 September 2012 - 08:27 AM

 

there is no exceptions to help you hold on to some slow rooting clones, or see if a clone is bad. The law is clear - you can cultivate 12 plants.

you have to read the Controlled Substances Act at the Michigan Legislature site. When you violate the MMMAct, it is the CSA laws that apply.

For the sake of argument - the courts use the same CSA to define the plant and the act - under michigan law. In California, they did argue when is a plant? etc.

But in michigan, they avoid that argument by defining "intent" for many crimes including sex, robbery, home invasion, etc.

 

If you intended to cultivate 15 plants, not 12 - that is all that matters to convict you. They just have to show a jury or judge that you acted with the intention of breaking the law by definable actions. Like LHB said, a cutting laying on the floor or in the trash with household trash - it is obvious that it was NOT intended to be cultivated. Easy case.

Take that same cutting, stick it in a cup of water and place it in the refrigerator, stick it in a cube and place it under a light - regardless if you fail - it shows that you intended to manufacture that plant.

[Sparky]

I asked them. The seeds are legal to sell. They are a store in town, a block from the Sheriff and the Court houses. No hassles. They work w the city and the county prosecutor to stay open and legit. Just passing on my experience here.

[PFC Stone]

I know you may possess seeds and they are not included in your counts, so I ask, "Why did Marc Emery go to jail then?"

 

I'm confused...well that is no surprise!

 

I'm going to check out this Vaporz store today.

[trichcycler]

I love to hear of cities attempting to trump state law. When enough of them do it the state may be compelled to change its own law to accommodate.

seeds, clones, cuttings, buds are all considered cannabis. The Marijuana Act strictly prohibits cannabis to be transferred to anyone except the five patients listed on a caregiver card and offers protection for legal transfers only.  I'm sure hoping the store is registering patients before the sale to follow state law and be legit, and not being slated  like most every other provisioning center in the state for a raid, robbery, and prosecution.  Many have come before them and failed while believing/stating they were operating within the law, even recently. you have little to no risk when you shop their as a patient.cg, until you leave your copied information with the bud tender perhaps.

[Sparky]

I doubt Adrian is "attempting to trump state law" here.

Edited November 14, 2014 by janefacej

[trichcycler]

no argument intended here, but I am curious of your basis. Our state law already said only transfers between a caregiver and their five patients is legally protected. But we have a  dispensary -illegal by MI legal standards(agreed?)

 

If they are now transferring plant material to people who are not their register patients, they are not legally protected by our current law seen here http://www.legislature.mi.gov/(S(5ugodd3jmmfuh145kjcmy545))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2008

 

The store is either following our state law, or they are not right?

 

purchase by a patient is protected, but not the sale in this instance, unless patient is registered to the seller as theirs, according to state law above. I don't judge the store one bit understand, but way too many misunderstandings end up here begging for help. I'd like you to avoid trouble, understand the info, and pass along the credible link.