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Tucson Medical Marijuana Community Forum → News Articles of common Interest → Patient to Patient Meds Illegal?!
 

Topic: Patient to Patient Meds Illegal?!

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TMM Jay
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Patient to Patient Meds Illegal?!
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It clearly says on the AZDHS website that patients may obtain meds from other patients. scroll down to QP30 located here: http://www.azdhs.gov/medicalmarijuana/faqs/patients.htm#Q26

So, the next question is where does it say that a patient cannot compensate a patient?
Below says a registered dispensary cannot compensate a patient but that is die to inventory issues.

36-2806. Registered nonprofit medical marijuana dispensaries; requirements
"F. A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY MAY ACQUIRE USABLE MARIJUANA OR MARIJUANA PLANTS FROM A REGISTERED QUALIFYING PATIENT OR A REGISTERED DESIGNATED CAREGIVER ONLY IF THE REGISTERED QUALIFYING PATIENT OR REGISTERED DESIGNATED CAREGIVER RECEIVES NO COMPENSATION FOR THE MARIJUANA.

It has nothing to do with P2P and so far I cannot find a restriction on P2P donations.

Also, In the opinion of many, the co-ops are the ones who are btreaking the law.

No law authorized such organizations.

If anyone will be targeted first by the law. It's those illegal co ops that are obvously in it for the "profit" the law says the are not supposed to be making...

The dollars will stick out like a sore crooks...

Non-profit my left ass cheek!

Compassion??



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TucsonBob
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nothing of value may change hands, compensation for actual grow cost not for labor not for profit you are not buying or selling just compensating for the cost to grow the meds not the labor or a profit. be safe make sure you do not use the words buy or sell and make sure everybody has a up todate card. you can bet that when the dispensaries open that they will try to stop p2p so again becareful



-- Edited by tucsonbob on Friday 2nd of March 2012 07:42:22 PM

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TMM Jay
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Bob is right.
It will soon be harder for us to trade because of the buzzards associated with the dispensaries.
They will make trouble for us
We need to think ahead and address the issue before it addresses us.


TOKE PARTY!



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Mojgor
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Hello All,

During my regular flip through of websites, news, emails, etc., I came across a posting by AZ Cannabis Society (AZCS) in Facebook giving a mention of support to Cannabis Kindness for patient meds. Out of curiousity I looked at their Facebook page (https://www.facebook.com/ArizonaDispensary), and noticed a comment post on their Facebook wall, posted Wednesday, February 29th, stating:

"Caregiver selling meds to anyones patient but his own = ILLEGAL. Patient purchasing meds off of another patient = ILLEGAL. Patient purchasing meds from their own licensed Caregiver = LEGAL. Stay safe folks. They are watching."

Needless to say, I was alarmed by the portion stating that it is an illegal action for patients to exchange meds. Out of concern, I left a comment inquiry, asking:

"Are you stating that a patient/cultivator is legally unable to exchange meds to another patient for an acceptable monetary donation that cover expenses for cultivation?"

The response back:

"This is correct. No money may legally exchange hands in the transaction that you described."

The response back concerns me and brings up some important questions, are there provisions against patient to patient exchanges that people are unaware? If so, then where  do we get meds, other than the over priced programs at some of the co-ops or caregivers? Are those patients that provide and receive meds with other patients, doing so legally? Or, is this a dispensary utilizing fear to acquire customers? Then, why is AZCS supporting them?

Whatever the answer, to me this shows that there is still an enormous amount of disinformation, misinformation, and misunderstanding of Prop 203, its' future, and the depth by which its legality is very diluted.

Anyone have information on this? Do you know if patient to patient meds exchanges is within the provisions of Prop 203?

I am quite concerned about this, and would appreciate people's insights, feelings, and knowledge of this issue.

-Mojgor



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Mojgor
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If there is no stipulation against compensating another patient for the exchange of meds, then it would seem that Cannabis Kindness is either unaware of the laws, or is engaging in behavior I find quite distasteful and infuriating. There's enough fear out there as it is.

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Mojgor
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It looks like they are located in Gilbert. I imagine we are going to see more of this stuff once dispensaries start opening, though I hope not. If anything this illustrates how important it is to keep fellow patients informed of their rights.

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Sabali
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thats right no compassion, In my opinion everyone who sells 8ths for 60 are clearly in it for the money

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Mojgor
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Through a recent back and forth discussion of said issue with Cannabis Kindness, they assert the following:


"The only person that may be legally "compensated" is a Caregiver BTW. Please keep in mind we are a very conservative group that wants to keep everyone safe and out of jail, and with safe access to meds. We've been supporting this movement for many years and won't split hairs on the fine line of legality. Be safe"

If this is arguably true in court, then there remains some concern regarding the legalities involved in patient to patient donations.



-- Edited by Mojgor on Tuesday 6th of March 2012 06:34:37 PM

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Mojgor
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Green Giant,

You misunderstand my intent. I am addressing a real issue, and trying to make sure the safety of patients is the priority. While you may have nothing to "worry about", I'm certain that there are others that do. To disregard this subject when everything is going your way, doesn't mean it is for other people. And, in no way have I even brought up the concept of a "snitch".

Why should this be taken lightly, anyhow? Since when has the justice system taken anything attributable to cannabis lightly, where we shouldn't care? Whether or not this issue is an instance of "pondering possibilities" doesn't diminish the potential magnitude of impact.

Lastly, your condescending tone is not appreciated, and seeing the level of your arrogance is quite disappointing. I have lost respect for you.

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TucsonBob
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just talked live chat with ADHS they say a caregiver can not charge thier patients for meds. A patient can not compensate another patient for meds but can MAKE A DONATION so like I said earlier watch your words. So it seems to me that what they are telling you is wrong. go here and go to on line chat
http://www.azdhs.gov/medicalmarijuana/rules/index.htm and ask if you don't believe me.

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Mojgor
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I understand the consequences of submitting ideas, opinions,or interests online. A further consequence, inevitable to occur, is misconstruing a person's intent, or projection from their writing. I misread Green Giant's post as an attack, or diminishing of an issue I consider important. I am incorrect, and I apologize for unfairly attacking you, Green Giant. As Green Giant did not intend to offend in his posts, I do not either. However, I do apologize if I did happen to offend anyone.

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TucsonBob
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1 more time I talked to AZDHS they say only donations so if I give you a 18th or a 1/4 you can legally give me a donation. Please never use the words buy or sell. you can chat on line and ask ? at this link.
http://www.azdhs.gov/medicalmarijuana/rules/index.htm



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TMM Jay
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Mojgor,

You asked me up front if you should bring this subject for discussion.
I thought it needed to be brought to everybody's attention.
It is important to know about and discuss.

The truth is that all of us are in uncharted territory.
It is ignorant to hide your head in the sand.

At this moment there are several organization distributing MMJ over the counter.
We all know it is not legal. But yet, there seems to be no resistance from the authorities.
It leads me to believe they have been told "hands off" at least for now...

We will know when they start cracking-down (it will be on the news)




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TucsonBob
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Designated caregiver" means a person who:

(a) Is at least twenty-one years of age.

(b) Has agreed to assist with a patient's medical use of marijuana.

(c) Has not been convicted of an excluded felony offense.

(d) Assists no more than five qualifying patients with the medical use of marijuana.

(e) May receive reimbursement for actual costs incurred in assisting a registered qualifying patient's medical use of marijuana if the registered designated caregiver is connected to the registered qualifying patient through the department's registration process. The designated caregiver may not be paid any fee or compensation for his service as a caregiver. Payment for costs under this subdivision shall not constitute an offense under title 13, chapter 34 or under title 36, chapter 27, article 4

in reading this a caregiver can not sell you mmj. but only compensated for actual cost period that means no profit.

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