Local Dispensary Raided!!
- Thread starter StaySmokin206
- Start date
Smokej9009
Active Member
Hmm.
So what if you are growing your 15 plants and you harvest more than the amount allowed by law, what are you supposed to do with the excess. Is it wrong to donate to a club or dispensary?
I hope there ends up being a large legal battle over this that ultimately sets a precedent that protects MMJ users.
Sonde to me like folks who use the dispensaries need to not get their meds and sell them!!
So what if you are growing your 15 plants and you harvest more than the amount allowed by law, what are you supposed to do with the excess. Is it wrong to donate to a club or dispensary?
I hope there ends up being a large legal battle over this that ultimately sets a precedent that protects MMJ users.
Sonde to me like folks who use the dispensaries need to not get their meds and sell them!!
mudd1280
Well-Known Member
it clearly states in the law that only one patient per caregiver highlighted in line 1) section d)
69.51A.010
Definitions.
*** CHANGE IN 2010 *** (SEE 5798-S.SL) ***
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Designated provider" means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in writing by a patient to serve as a designated provider under this chapter;
(c) Is prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as designated provider; and
(d) Is the designated provider to only one patient at any one time.
(2) "Medical use of marijuana" means the production, possession, or administration of marijuana, as defined in RCW 69.50.101(q), for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating illness.
(3) "Qualifying patient" means a person who:
(a) Is a patient of a physician licensed under chapter 18.71 or 18.57 RCW;
(b) Has been diagnosed by that physician as having a terminal or debilitating medical condition;
(c) Is a resident of the state of Washington at the time of such diagnosis;
(d) Has been advised by that physician about the risks and benefits of the medical use of marijuana; and
(e) Has been advised by that physician that they may benefit from the medical use of marijuana.
(4) "Terminal or debilitating medical condition" means:
(a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or
(b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or
(c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or
(d) Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; or
(e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or
(f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; or
(g) Any other medical condition duly approved by the Washington state medical quality assurance commission in consultation with the board of osteopathic medicine and surgery as directed in this chapter.
(5) "Valid documentation" means:
(a) A statement signed by a qualifying patient's physician, or a copy of the qualifying patient's pertinent medical records, which states that, in the physician's professional opinion, the patient may benefit from the medical use of marijuana;
(b) Proof of identity such as a Washington state driver's license or identicard, as defined in RCW 46.20.035; and
(c) A copy of the physician statement described in (a) of this subsection shall have the same force and effect as the signed original.
[2007 c 371 § 3; 1999 c 2 § 6 (Initiative Measure No. 692, approved November 3, 199
.]
Notes:
Intent -- 2007 c 371: See note following RCW 69.51A.005.
69.51A.010
Definitions.
*** CHANGE IN 2010 *** (SEE 5798-S.SL) ***
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Designated provider" means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in writing by a patient to serve as a designated provider under this chapter;
(c) Is prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as designated provider; and
(d) Is the designated provider to only one patient at any one time.
(2) "Medical use of marijuana" means the production, possession, or administration of marijuana, as defined in RCW 69.50.101(q), for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating illness.
(3) "Qualifying patient" means a person who:
(a) Is a patient of a physician licensed under chapter 18.71 or 18.57 RCW;
(b) Has been diagnosed by that physician as having a terminal or debilitating medical condition;
(c) Is a resident of the state of Washington at the time of such diagnosis;
(d) Has been advised by that physician about the risks and benefits of the medical use of marijuana; and
(e) Has been advised by that physician that they may benefit from the medical use of marijuana.
(4) "Terminal or debilitating medical condition" means:
(a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or
(b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or
(c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or
(d) Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; or
(e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or
(f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; or
(g) Any other medical condition duly approved by the Washington state medical quality assurance commission in consultation with the board of osteopathic medicine and surgery as directed in this chapter.
(5) "Valid documentation" means:
(a) A statement signed by a qualifying patient's physician, or a copy of the qualifying patient's pertinent medical records, which states that, in the physician's professional opinion, the patient may benefit from the medical use of marijuana;
(b) Proof of identity such as a Washington state driver's license or identicard, as defined in RCW 46.20.035; and
(c) A copy of the physician statement described in (a) of this subsection shall have the same force and effect as the signed original.
[2007 c 371 § 3; 1999 c 2 § 6 (Initiative Measure No. 692, approved November 3, 199
.]Notes:
Intent -- 2007 c 371: See note following RCW 69.51A.005.
mudd1280
Well-Known Member
why don't people read the laws before breaking them
it says in the law that the sale of cannabis is illegal as per this code
69.51A.020
Construction of chapter.
Nothing in this chapter shall be construed to supersede Washington state law prohibiting the acquisition, possession, manufacture, sale, or use of marijuana for nonmedical purposes.
[1999 c 2 § 3 (Initiative Measure No. 692, approved November 3, 199.]
so why is everyone charging for clones meds seeds and help if they are trying to do it legal at all
it says in the law that the sale of cannabis is illegal as per this code
69.51A.020
Construction of chapter.
Nothing in this chapter shall be construed to supersede Washington state law prohibiting the acquisition, possession, manufacture, sale, or use of marijuana for nonmedical purposes.
[1999 c 2 § 3 (Initiative Measure No. 692, approved November 3, 199
.]so why is everyone charging for clones meds seeds and help if they are trying to do it legal at all
Smokej9009
Active Member
Good points. So what do you think of the open requesting of donations for clones and MMJ on the Seattle Craigslist?
I mean if I wanted to sell you weed, all I would have to do is verify that you are a patient, have you sign a form designating me as a care provider, complete our transaction, and then tear up the form and walk away.
At leas hat is how it seems this is being done in some areas on the west side, and it's openly advertised on the web. This is obviously a gray area in the law and I can see why the law gets after it.
I remember seeing the Northend 420 club advertising on there.
I'm not surprised they were investigated. Whether or not they were doing something illegal I can't say, but I know they were definitley pushing the limits and putting all other legal MMJ users at risk by doing so.
I mean if I wanted to sell you weed, all I would have to do is verify that you are a patient, have you sign a form designating me as a care provider, complete our transaction, and then tear up the form and walk away.
At leas hat is how it seems this is being done in some areas on the west side, and it's openly advertised on the web. This is obviously a gray area in the law and I can see why the law gets after it.
I remember seeing the Northend 420 club advertising on there.
I'm not surprised they were investigated. Whether or not they were doing something illegal I can't say, but I know they were definitley pushing the limits and putting all other legal MMJ users at risk by doing so.
Smokej9009
Active Member
Additionally, if I have my card and I know somebody else who has heir card, I can list that person as my DCP and that would allow them to grow their meds AS WELL as mine right?
So they could legally grow 30 plants right?
So if you had 4 people who had their cards and two were care providers also for others as well under the same roof then inside that structure they could legally grow 90 plants correct?
Technically this would all be legal correct? Not saying I want to start a major grow op because I don't, but I do know a patient who has their 15 plants and grows 15 additional for another patient becasuethey are that patients care provider. That's legit isn't it?
So they could legally grow 30 plants right?
So if you had 4 people who had their cards and two were care providers also for others as well under the same roof then inside that structure they could legally grow 90 plants correct?
Technically this would all be legal correct? Not saying I want to start a major grow op because I don't, but I do know a patient who has their 15 plants and grows 15 additional for another patient becasuethey are that patients care provider. That's legit isn't it?
Smokej9009
Active Member
Someimes they do stink. But in WA a patient can grow up to 15 plans AND possess a pound and a half of meds at one time. This is more than some states allows, and is reasonable i think.
As far as the law stating "one patient at a time", it's a pretty gray area too. Technically if all patients lined up at a dispensary and the dispenser only gave meds to one at a time, then they fall whithin the law, at least until it gets clarified by a courts opinion or change to the law. Now I don't know if I agree with this idea, but maybe that is how dispensaries operate in WA.
That's the only way that I can see how they feel confident operating in public view, and I assume they know this, and are prepared to take on a legal battle to test the law in court.
Also, it is illegal to sell MJ in this state, but I can donate it to a club, and the club can donate something to me in exchange for my hard work growing it, (if I grew), and they dispensary can accept donations from patients to cover their costs of operation. Building leases, power bill, office equipment, networking etc.
So from what I understand it can operate by donation, but if it is a suggested donation of $xxxx, how can law enforcement determine that is a donation and not a law? They can't. It is their job to enforce the laws, not interpret. This is something for the courts, or our legislators to decide.
There is of course the initiative process in our state as well. This is something I believe we should focus on. We got our MMJ law through initiative. There are certainly enough MMJ patients and care providers in this state to collect enough signatures to get an initiative on the ballot.
If I-1068 does not pass, I feel we citizens should come together next year with an initiative that will amend the current MMJ laws to eliminate some of the gray area and protect patients even further. If the legislature won't do it, we should!! It is wrong of all of us to hope and wait for the courts to make a decision on this.
We have the power in us to change the law!! There is more than 300,000 people in this state that would sign to put it on the ballot. We should focus on that.
As far as the law stating "one patient at a time", it's a pretty gray area too. Technically if all patients lined up at a dispensary and the dispenser only gave meds to one at a time, then they fall whithin the law, at least until it gets clarified by a courts opinion or change to the law. Now I don't know if I agree with this idea, but maybe that is how dispensaries operate in WA.
That's the only way that I can see how they feel confident operating in public view, and I assume they know this, and are prepared to take on a legal battle to test the law in court.
Also, it is illegal to sell MJ in this state, but I can donate it to a club, and the club can donate something to me in exchange for my hard work growing it, (if I grew), and they dispensary can accept donations from patients to cover their costs of operation. Building leases, power bill, office equipment, networking etc.
So from what I understand it can operate by donation, but if it is a suggested donation of $xxxx, how can law enforcement determine that is a donation and not a law? They can't. It is their job to enforce the laws, not interpret. This is something for the courts, or our legislators to decide.
There is of course the initiative process in our state as well. This is something I believe we should focus on. We got our MMJ law through initiative. There are certainly enough MMJ patients and care providers in this state to collect enough signatures to get an initiative on the ballot.
If I-1068 does not pass, I feel we citizens should come together next year with an initiative that will amend the current MMJ laws to eliminate some of the gray area and protect patients even further. If the legislature won't do it, we should!! It is wrong of all of us to hope and wait for the courts to make a decision on this.
We have the power in us to change the law!! There is more than 300,000 people in this state that would sign to put it on the ballot. We should focus on that.
mudd1280
Well-Known Member
as for the at one time with the DCP you really need to simplify it for regular people. as i said before it says at any one time so at 2:00am i can only provide for one person and at 12:30pm i can still only provide for that person
(d) Is the designated provider to only one patient at any one time
as for the donation for meds i can see it for the actual product like the herb, but if some one is cloning some plants its nothing for them to cut some extra and give them to patients that need them. i dont like the 15$ or even 10$ donations at all if we want to make it so that we're all legal then we need to cut the money making part of it out all together. most of the patients that are out there dont have the money to buy 15 clones at 15$ a piece to start there own gardens and the only people helping the mmj patients are the mmj patients.
and as for the interpretation of the laws for police, they think that because there isnt a law that says that we can do a despenary or co-op then they can bust patients
for your DCP yes someone can grow for someone with a card but they have to keep things seperated such as 15 in veg and 15 in flower or 10 in clone or seedling and 10 in veg and 10 in flower. but like i said the government looks at thing like this if you were growing 90 plant for 4 patients that is well more than enough for 4 people and the aren't growing for there own consumption. you know what i mean, plus you have to keep them in there own room so the police dont come in and say how can we tell that these 15 are for that patient and these 15 are for that one and these 15 are for that one and so on. the collective that i am with (Three Rivers Collective in Richland WA) is working with the senators on the I-1086 and they are trying out ways to get a collective setup that is for each individual person has there own spot in a warehouse that someone or a group of people tend for them. the link for the collective is http://www.4-20.org/
(d) Is the designated provider to only one patient at any one time
as for the donation for meds i can see it for the actual product like the herb, but if some one is cloning some plants its nothing for them to cut some extra and give them to patients that need them. i dont like the 15$ or even 10$ donations at all if we want to make it so that we're all legal then we need to cut the money making part of it out all together. most of the patients that are out there dont have the money to buy 15 clones at 15$ a piece to start there own gardens and the only people helping the mmj patients are the mmj patients.
and as for the interpretation of the laws for police, they think that because there isnt a law that says that we can do a despenary or co-op then they can bust patients
for your DCP yes someone can grow for someone with a card but they have to keep things seperated such as 15 in veg and 15 in flower or 10 in clone or seedling and 10 in veg and 10 in flower. but like i said the government looks at thing like this if you were growing 90 plant for 4 patients that is well more than enough for 4 people and the aren't growing for there own consumption. you know what i mean, plus you have to keep them in there own room so the police dont come in and say how can we tell that these 15 are for that patient and these 15 are for that one and these 15 are for that one and so on. the collective that i am with (Three Rivers Collective in Richland WA) is working with the senators on the I-1086 and they are trying out ways to get a collective setup that is for each individual person has there own spot in a warehouse that someone or a group of people tend for them. the link for the collective is http://www.4-20.org/
Yes We Canna!
Well-Known Member
In order to prevail in this dark day, you have to have a good understanding of the laws, and the way they are written. Once you understand that, the laws can be made to work for you, instead of against you. The "man" has been making our laws work against us for way too long, so why not take a literal meaning out of the RCW's.
First of all, this comment is a little convoluted...
Also, the part in the laws, One patient at any one time, is written FOR dispensaries and co-ops. Its talking about a time in space, only one patient at any one time, not your total time spent. If it were specifically talking about a patient/provider relationship the wording would be different, probably more like this;
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Designated provider" means a person who:
(d) is the designated provider to only one other patient.
Now, the fact that it IS a gray area, should have MMJ patients in Washington rejoicing! Sure, you may have to answer to the courts, and you may have your house and business raided. THOSE are the risks we take when fighting for what is right, end of story. I guarantee you, if you make the state force you to prove you are breaking the law, they will loose, and you'll be better for it.
As for the Feds, yes, what we are doing is still federally illegal...fuck it! Not only is that not going to last for long, it shouldn't have any barring anyways. The feds are a completely different entity than State, and soon as Obama gets his head back out of his ass and realize he's alienating the exact group of people that got him voted into office. I guarantee you every pot head and medical patient alike voted him in specifically to legalize marijuana...well, he started, by letting the feds know they couldn't mess with us, but that lasted what, 25 days...?
The point is, it shouldn't be a question of if we are following the laws or not. Because, we are. We're just trying to make the laws work for us. We should all be standing by every single dispensary and co-op in the state, and bitching and moaning for every illegal raid that the "pholice" try and justify.
Whether you're a medical patient or not, we're all fighting for the same thing. None of us should have to hide in dark corners to medicate or relax!
I'll step off my soap box now, lol.
Ken
First of all, this comment is a little convoluted...
The key part of that is at the end of the sentence, for NONMEDICAL purposes. If you are providing to medical patients, and you YOURSELF are a medical patient, you WILL be protected.why don't people read the laws before breaking them
it says in the law that the sale of cannabis is illegal as per this code
69.51A.020
Construction of chapter.
Nothing in this chapter shall be construed to supersede Washington state law prohibiting the acquisition, possession, manufacture, sale, or use of marijuana for nonmedical purposes.
[1999 c 2 § 3 (Initiative Measure No. 692, approved November 3, 199
so why is everyone charging for clones meds seeds and help if they are trying to do it legal at all
Also, the part in the laws, One patient at any one time, is written FOR dispensaries and co-ops. Its talking about a time in space, only one patient at any one time, not your total time spent. If it were specifically talking about a patient/provider relationship the wording would be different, probably more like this;
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Designated provider" means a person who:
(d) is the designated provider to only one other patient.
Now, the fact that it IS a gray area, should have MMJ patients in Washington rejoicing! Sure, you may have to answer to the courts, and you may have your house and business raided. THOSE are the risks we take when fighting for what is right, end of story. I guarantee you, if you make the state force you to prove you are breaking the law, they will loose, and you'll be better for it.
As for the Feds, yes, what we are doing is still federally illegal...fuck it! Not only is that not going to last for long, it shouldn't have any barring anyways. The feds are a completely different entity than State, and soon as Obama gets his head back out of his ass and realize he's alienating the exact group of people that got him voted into office. I guarantee you every pot head and medical patient alike voted him in specifically to legalize marijuana...well, he started, by letting the feds know they couldn't mess with us, but that lasted what, 25 days...?
The point is, it shouldn't be a question of if we are following the laws or not. Because, we are. We're just trying to make the laws work for us. We should all be standing by every single dispensary and co-op in the state, and bitching and moaning for every illegal raid that the "pholice" try and justify.
Whether you're a medical patient or not, we're all fighting for the same thing. None of us should have to hide in dark corners to medicate or relax!
I'll step off my soap box now, lol.
Ken
TwooDeff425
Well-Known Member
^^^ Well said sir
Howard Stern
Well-Known Member
Yeah if you are selling to people that don't have cards, and selling to undercover cops then you should be busted! Your a fucking dumbass! But If you change the word from sell to make a donation it makes it legal? That is just stupid, the cops have better things to do than bust someone that sells to another paitent. If you sell to cops then you will get busted. Everyone in here wants to talk shit about the law and how it is written. You will be fine as long as you don't grow more than you are allowed and have more on you at any one time that you are allowed, and don't sell to cops or people without their cards! How fucking hard is that?
venacular
Well-Known Member
This is one of the best resources outside of the actual law http://www.doh.wa.gov/hsqa/medical-marijuana/ and http://www.doh.wa.gov/hsqa/medical-marijuana/FAQmore.htm
Check out this part in the second link
Are dispensaries legal? No. The law does not allow dispensaries. The law only allows qualifying patients and designated providers to possess medical marijuana.
Most patients and providers know they can only grow 15 plants for the patient but what they may not understand is that only the patient may consume that medicine. You cannot grow a large amount of pot and sell or give it away under this law.
Only the patient may consume medicine produced for that patient. So the second you "give it away for donations" you are breaking the law.
Don't try to use this law to make money, yet! They have thought of most of the options and your best to not get involved in trying to use this law to sell or get "donations" from others with or without their mmj.
You cant even consume if your a designated provider so being one has no use but to help someone out. Actually the only way I think money can be made with this law is to become a designated provider and sell the patient a grow system of any sort, while providing the patient with consulting on growing strong medicine for their use only.
I do believe that medical marijuana law will morph into something that will be usable for many more qualifying conditions but time is needed. Don't worry the aging baby bommers cant afford pharmaceutical prices and they are the last social group to overcome the stigma of medical marijuana. They had to many years with propaganda on the "problems" of marijuana use but affordability changes everything cause necessity is the mother of invention and law changes
Check out this part in the second link
Are dispensaries legal? No. The law does not allow dispensaries. The law only allows qualifying patients and designated providers to possess medical marijuana.
Most patients and providers know they can only grow 15 plants for the patient but what they may not understand is that only the patient may consume that medicine. You cannot grow a large amount of pot and sell or give it away under this law.
Only the patient may consume medicine produced for that patient. So the second you "give it away for donations" you are breaking the law.
Don't try to use this law to make money, yet! They have thought of most of the options and your best to not get involved in trying to use this law to sell or get "donations" from others with or without their mmj.
You cant even consume if your a designated provider so being one has no use but to help someone out. Actually the only way I think money can be made with this law is to become a designated provider and sell the patient a grow system of any sort, while providing the patient with consulting on growing strong medicine for their use only.
I do believe that medical marijuana law will morph into something that will be usable for many more qualifying conditions but time is needed. Don't worry the aging baby bommers cant afford pharmaceutical prices and they are the last social group to overcome the stigma of medical marijuana. They had to many years with propaganda on the "problems" of marijuana use but affordability changes everything cause necessity is the mother of invention and law changes
mrgreenlungz
Active Member
Mudd, what's up bro, hope mrsmudd is good, mrsgreenlungz says hello. That statement says for nonmedical use. In the same sentence, it says use, possession, manufacture and acquisition also, but as medical patients we can acquire, manufacture and use it (that's kinda the point. I'll have to kindly disagree and say the law says you STILL can't sell for non-medical.
You know me, you know I'm all about helping people and not asking a thing in return. What if I want to help medical patients find meds? I would have to cover living expenses for me to have a place big enough and in a decent enough neighborhood to grow for patients, electricity, water, supplies the whole 9. I make less than 850 a month. I would have to charge a fee for the designer green bottle that comes with free medical marijuana. Sure, I would be making a profit, but without that profit, I couldn't do it. That's why I can't do that now and help more people. And you know I would if I could.
Grow's doing well. I got one 8ft tall or so.
Howard Stern
Well-Known Member
So can I get in trouble if I "sell" my weed to someone else that has their card? Or do I have to just ask them for a "donation"? I mean it would be hard for a cop to catch us and even if they did I think it would be a waist of time. I mean if I meat up with my friend and give him an oz and he gives me 250 what's the cop going to do unless they see it happen right?
MomaPug
Active Member
The problem, as I see it...not everybody can grow. Not only is it a matter of space (and an agreeable landlord) some patients are not physically able to grow for themselves.
So the law says, as a medical patient myself, I can grow for one other person "at a time" As much as I would like to help someone, I don't have the space for 30 plants, and the risk....imagine the stress of having someone else depend on you for their medications! What if I got a morph and seeds? What if I got mites? I worry enough about this stuff for myself.
So, yesterday I found this news clipping.....am I getting too excited over it? Is it, or is it not... the open door for a dispensary model in Washington state?
City of Port Angeles to have Medical Marijuana Dispensary
http://topnews.us/content/227450-city-port-angeles-have-medical-marijuana-dispensary
So the law says, as a medical patient myself, I can grow for one other person "at a time" As much as I would like to help someone, I don't have the space for 30 plants, and the risk....imagine the stress of having someone else depend on you for their medications! What if I got a morph and seeds? What if I got mites? I worry enough about this stuff for myself.
So, yesterday I found this news clipping.....am I getting too excited over it? Is it, or is it not... the open door for a dispensary model in Washington state?
City of Port Angeles to have Medical Marijuana Dispensary
http://topnews.us/content/227450-city-port-angeles-have-medical-marijuana-dispensary