#Home Improvements-11357 | Explore Tumblr Posts and Blogs

chancemucg441-blog · 5 years

Text

Obtain Medical Cannabis Therapy With A Medical Marijuana Card

"How can we are the cause of what exactly is perhaps just about the most dramatic legal disparities in medical cannabis up to now? The issue of non-profit ""sale"" of medical cannabis to qualified patients via collectives and cooperatives. There's nothing else similar to this dispute. What do professionals say relating to this anyway?

Steve Cooley, The Los Angeles District Attorney, disagrees with Jerry Brown, the California State Attorney General.

How could two prominent state-employed attorneys visit wholly different conclusions on the answer? First the Los Angeles District Attorney claims ""all sales are illegal"". The California State Attorney General was sure enough to create in the guidelines that ""storefront collectives could possibly be legal under state law"". How could this be? After all, each attorney is looking on the same task, right?

So what's the answer? What does the law say?

COMPASSIONATE-USE ACT 1996

Proposition 215 which has been approved by a tastes Californians in 1996 and yes it became referred to as the Compassionate-Use Act. The statute itself does not say anything about ""sales"" nonetheless it does mention ""possession"", ""cultivating"", obtaining medical cannabis, about affordability and ""distribution"".

It does state that qualified patients in addition to their primary caregivers will not be victim to criminal issues:

""(B) To ensure that patients along with their primary caregivers who obtain and use marijuana for medical purposes upon the advice of your physician aren't at the mercy of criminal prosecution or sanction.""

And what's more, it pushes governments to help you ensure ""safe and affordable access"" to medical cannabis for ""all qualified patients"".

""(C) To encourage the federal and state governments to implement an agenda for the safe and affordable distribution of marijuana to all patients in medical need for marijuana.""

youtube

The Los Angeles District Attorney, Steve Cooley, had State and Federal police officers agents raid a medical cannabis collective and arrest a minimum of 3 people, the week before Christmas. He insists ""all sales are illegal"". This looks like it's contrary to the letter and spirit of regulations, not the mention the spirit of the season.

Also if all ""sales"" are illegal, each and every the Compassionate-Use Act say ""affordable""? If the patients are financially responsible to the cannabis, what makes Cooley expect the currency to become exchanged? What's wrong with incremental reimbursements?

MEDICAL MARIJUANA PROGRAM OF 2004

The Medical Marijuana Program (MMP) got into law in 2004 from the legislative approval of Senate Bill 420. It was the state's attempt ""to implement an agenda to the safe and affordable distribution of marijuana to all or any patients in medical need for marijuana,"" since the Compassionate-Use Act of 1996 (Prop 215) encourages the State and Federal government to accomplish.

The MMP improves usage of medical cannabis for qualified patients by approving collectives and cooperatives.

""(3) Enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects.""

What Steve Cooley doesn't apparently understand is non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives are the distribution element of ""cultivation projects"". Just like a collective cultivation farm wouldn't have customers come to the farm to have their tomatoes, they will have to have their collective tomatoes with a farmer's market or distribution location-- that's how medical cannabis collective cultivations occur. Grown a single place for safety and also other reasons, then distributed at another location.

The MMP goes on to speak about all the criminal statutes that qualified patients and primary caregivers are exempt from. In section 11362.765, it says: ""shall not be subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Let's take a look at these 1 by 1:

11357: [possession],

11358: [cultivation],

11359: [possession for sale],

11360: [""transports, imports into this state, sells, furnishes, administers, or gives away""- or offers to or attempts to accomplish any of those],

11366: [Every individual who opens or maintains anyplace for that intent behind unlawfully selling, giving away, or cbdforsalenearme.com using any controlled substance]

11366.5 [Managing a place for manufacture, storage and/or the distribution of a controlled substance]

11570 [Every building or place used for your function of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor, or analog specified by this division, each building or place wherein or where those acts come about, is a nuisance which will be enjoined, abated, and prevented, and then for which damages could possibly be recovered, whether it is a public or private nuisance.]

The Health and Safety Code section 11360 specifically says ""sells"". Not only that, what's more, it says: ""gives away"" and ""furnishes"". How come the LA District Attorney's office says ""all sales are illegal"" and non-profit storefront medical cannabis dispensing collectives/cooperatives are banned?

In that same bill,

""11362.775. Qualified patients, persons with valid identification cards, as well as the designated primary caregivers of qualified patients and persons with identification cards, who associate inside the State of California in order collectively or cooperatively growing marijuana for medical purposes, shall not solely around the basis of that fact be be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Again, it says that patients can collectively cultivate cannabis and distribute it amongst themselves for non-profit. Again, the distribution of medical cannabis is separate from the cultivation just like the manufacturing of my vicodin is found separate from my pharmacy.

The Medical Marijuana Act also calls for the State Attorney General to provide guidelines linked to medical cannabis:

""The bill would need the Attorney General to formulate and adopt guidelines to ensure the security and non-diversion of marijuana grown for medical use, as specified.""

And that what exactly State Attorney General, Jerry Brown did within the late summer of 2008.

GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE August 2008

To fulfill his mandate, the State Attorney General release these tips to assist law enforcements do their jobs in accordance with State law and to help you patients understand those laws.

The guidelines state non-profit storefront Medical Cannabis Dispensing Collectives and Cooperatives may be legal under state guidelines whenever they followed the guidelines as well as the above laws.

""It will be the opinion of this Office a properly organized and operated collective or cooperative that dispenses medical cannabis through a storefront might be lawful under California law""

The State Attorney General confirms what what the law states says. The Attorney General is the highest-ranking legal employee of the State of California. His office also taken care of immediately the difficulties raised in Los Angeles by City Attorney's office.

According to the New York Times on October 17: Christine Gasparac, a spokeswoman for State Attorney General Jerry Brown, asserted after Mr. Trutanich's comments in Los Angeles, law enforcement officials and advocates from around the state had called seeking clarity on medical cannabis laws.

Mr. Brown has issued guidelines that allow for nonprofit sales of medical marijuana, she said. But, she added, with laws being interpreted differently, ""the final answer will eventually come from the courts.""

So exactly what do the courts say?

PEOPLE v. MENTCH

The District Attorney's office would have you believe that the Mentch decision outlaws non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives and makes ""all sales illegal"" but that decision has to accomplish with all the definition of ""primary caregiver"" not sales.

Mentch had 82 marijuana plants growing in his home anf the husband sold the medicine to five people who stumbled on his home using the primary reason for buying cannabis. The most the plants in Mentch's home belonged to him because he testified. Their operations was not a collective or perhaps a cooperative nor an outlet. Mentch owned Hemporium, a for-profit care giving and consultancy business, not a non-profit collective or perhaps a cooperative.

Based over evidence the courts figured that Mentch's operation was primarily a for-profit commercial venture and that he has not been a primary caregiver for anyone he supplied medical cannabis to from his work from home business. I've written relating to this thorough here.

So there you've got exactly what the courts say, exactly what the State Attorney says, and what the laws say; all confirm non-profit storefront dispensing of medical cannabis could be legal under State law.

Now the Los Angeles District Attorney must obey regulations as well as the will in the people and stop wasting time and resources to hurt medical cannabis patients especially prior to Christmas. Especially when you will find over 7,000 untested rape kits that the District Attorney statements to not have the resources to take care of.

#CBD #cannabis #cannabidiol

0 notes

titusdzwa272-blog · 5 years

Text

Why Is Chronic Pain One Of The Most Prevalent Reason For Seeking a Medical Card?

"How can we be the cause of what exactly is perhaps one of the most dramatic legal disparities in medical cannabis to date? The issue of non-profit ""sale"" of medical cannabis to qualified patients via collectives and cooperatives. There's nothing else like this dispute. What do professionals say relating to this anyway?

Steve Cooley, The Los Angeles District Attorney, disagrees with Jerry Brown, the California State Attorney General.

How could two prominent state-employed attorneys arrive at wholly different conclusions around the answer? First the Los Angeles District Attorney claims ""all sales are illegal"". The California State Attorney General was sure enough to write as part of his guidelines that ""storefront collectives might be legal under state regulations"". How could this be? After all, each attorney is looking on the same, right?

So precisely what is the answer? What does the law say?

COMPASSIONATE-USE ACT 1996

Proposition 215 which has been approved by the most Californians in 1996 and it became referred to as the Compassionate-Use Act. The statute itself will not say anything about ""sales"" but it does speak about ""possession"", ""cultivating"", obtaining medical cannabis, about affordability and ""distribution"".

It does say that qualified patients along with their primary caregivers are not victim to criminal issues:

""(B) To ensure that patients as well as their primary caregivers who obtain and rehearse marijuana for medical purposes upon counsel of the physician aren't at the mercy of criminal prosecution or sanction.""

And in addition, it pushes governments to aid ensure ""safe and affordable access"" to medical cannabis for ""all qualified patients"".

""(C) To encourage the federal and state governments to implement a strategy for the safe and affordable distribution of marijuana to everyone patients in medical need of marijuana.""

The Los Angeles District Attorney, Steve Cooley, had State and Federal law enforcement officials agents raid a medical cannabis collective and arrest at the very least 3 people, the week before Christmas. He insists ""all sales are illegal"". This is apparently against the letter and spirit of regulations, not the mention the spirit of the season.

Also if all ""sales"" are illegal, why does the Compassionate-Use Act say ""affordable""? If the patients are financially responsible for your cannabis, so how exactly does Cooley expect the currency to become exchanged? What's wrong with incremental reimbursements?

MEDICAL MARIJUANA PROGRAM OF 2004

The Medical Marijuana Program (MMP) arrived to law in 2004 from the legislative approval of Senate Bill 420. It was the state's attempt ""to implement an agenda for the safe and affordable distribution of marijuana to everyone patients in medical need of marijuana,"" because Compassionate-Use Act of 1996 (Prop 215) encourages the State and Federal government to do.

The MMP improves usage of medical cannabis for qualified patients by approving collectives and cooperatives.

""(3) Enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects.""

youtube

What Steve Cooley doesn't manage to understand is non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives will be the distribution facet of ""cultivation projects"". Just like a collective cultivation farm wouldn't have customers arrived at the farm to have their tomatoes, they'd have to get their collective tomatoes with a farmer's market or distribution location-- that's how medical cannabis collective cultivations occur. Grown in one position for safety and other reasons, then distributed at another location.

The MMP goes on to talk about every one of the criminal statutes that qualified patients and primary caregivers are exempt from. In section 11362.765, it says: ""shall stop subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Let's take a look at each of these one at a time:

11357: [possession],

11358: [cultivation],

11359: [possession for sale],

11360: [""transports, imports into this state, sells, furnishes, administers, or gives away""- or purports to or attempts to complete any of those],

11366: [Every individual that opens or maintains any place for that function of unlawfully selling, giving out, or using any controlled substance]

11366.5 [Managing a place for manufacture, storage and/or the distribution of an controlled substance]

11570 [Every building or place used for the function of unlawfully selling, serving, storing, keeping, manufacturing, or offering any controlled substance, precursor, or analog specified by this division, each cbdforsalenearme.com building or place wherein or upon which those acts happen, is really a nuisance which will be enjoined, abated, and prevented, as well as for which damages may be recovered, whether it can be a public or private nuisance.]

The Health and Safety Code section 11360 specifically says ""sells"". Not only that, additionally, it says: ""gives away"" and ""furnishes"". How come the LA District Attorney's office says ""all sales are illegal"" and non-profit storefront medical cannabis dispensing collectives/cooperatives are banned?

In that same bill,

""11362.775. Qualified patients, persons with valid identification cards, along with the designated primary caregivers of qualified patients and persons with identification cards, who associate inside the State of California to be able collectively or cooperatively growing marijuana for medical purposes, shall not solely on the basis of that fact be susceptible to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Again, it says that patients can collectively cultivate cannabis and distribute it amongst themselves for non-profit. Again, the distribution of medical cannabis is outside of the cultivation just as the manufacturing of my vicodin is situated outside of my pharmacy.

The Medical Marijuana Act also calls for the State Attorney General to supply guidelines linked to medical cannabis:

""The bill would require the Attorney General to develop and adopt guidelines to guarantee the security and non-diversion of marijuana grown for medical use, as specified.""

And that exactly what State Attorney General, Jerry Brown did within the late summer of 2008.

GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE August 2008

To fulfill his mandate, the State Attorney General release these tips to aid law enforcements do their jobs based on State law and to help patients understand those laws.

The guidelines state non-profit storefront Medical Cannabis Dispensing Collectives and Cooperatives may be legal under state guiidelines when they followed the policies along with the above laws.

""It may be the opinion of this Office a properly organized and operated collective or cooperative that dispenses medical cannabis through a storefront could possibly be lawful under California law""

The State Attorney General confirms what the law says. The Attorney General will be the highest-ranking legal employee from the State of California. His office also taken care of immediately the difficulties raised in Los Angeles by City Attorney's office.

According for the New York Times on October 17: Christine Gasparac, a spokeswoman for State Attorney General Jerry Brown, asserted after Mr. Trutanich's comments in Los Angeles, police force officials and advocates from around the state had called seeking clarity on medical cannabis laws.

Mr. Brown has issued legal guidelines that provide nonprofit sales of medical marijuana, she said. But, she added, with laws being interpreted differently, ""the final answer will eventually come from the courts.""

So what do the courts say?

PEOPLE v. MENTCH

The District Attorney's office would have you think that the Mentch decision outlaws non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives and makes ""all sales illegal"" but that decision has to perform with the definition of ""primary caregiver"" not sales.

Mentch had 82 marijuana plants growing in his home and that he sold the medicine to 5 people who located his home with all the primary function of buying cannabis. The majority of the plants in Mentch's home belonged to him while he testified. Their operations wasn't a collective or perhaps a cooperative nor a store. Mentch owned Hemporium, a for-profit care giving and consultancy business, not only a non-profit collective or even a cooperative.

Based over evidence the courts figured Mentch's operation was primarily a for-profit commercial venture and the man had not been a primary caregiver for the people he supplied medical cannabis to from his home business. I've written about this comprehensive here.

So there you've what the courts say, what the State Attorney says, and exactly what the laws say; all confirm non-profit storefront dispensing of medical cannabis may be legal under State law.

Now the Los Angeles District Attorney must obey the law and the will with the people which will help prevent wasting time and resources to hurt medical cannabis patients especially ahead of Christmas. Especially when you will find over 7,000 untested rape kits the District Attorney says he will not need the resources to address.

#CBD #cannabis #cannabidiol

0 notes

franciscomydm203-blog · 5 years

Text

Clinical Marijuana Goes MLM?

"How can we account for precisely what is perhaps probably the most dramatic legal disparities in medical cannabis up to now? The issue of non-profit ""sale"" of medical cannabis to qualified patients via collectives and cooperatives. There's nothing else such as this dispute. What do the pros say concerning this anyway?

Steve Cooley, The Los Angeles District Attorney, disagrees with Jerry Brown, the California State Attorney General.

How could two prominent state-employed attorneys arrived at wholly different conclusions for the answer? First the Los Angeles District Attorney claims ""all sales are illegal"". The California State Attorney General was sure enough to write down in the guidelines that ""storefront collectives may be legal under state guiidelines"". How could this be? After all, each attorney is looking on the same, right?

So what exactly is the answer? What does legislation say?

COMPASSIONATE-USE ACT 1996

Proposition 215 which has been approved by a most of Californians in 1996 and it became called the Compassionate-Use Act. The statute itself won't say anything about ""sales"" nevertheless it does mention ""possession"", ""cultivating"", obtaining medical cannabis, about affordability and ""distribution"".

It does state that qualified patients and their primary caregivers will never be victim to criminal issues:

""(B) To ensure that patients and their primary caregivers who obtain and employ marijuana for medical purposes upon the recommendations of your physician are not at the mercy of criminal prosecution or sanction.""

And in addition, it pushes governments to help you ensure ""safe and affordable access"" to medical cannabis for ""all qualified patients"".

""(C) To encourage the federal and state governments to implement a strategy for that safe and affordable distribution of marijuana to all patients in medical need for marijuana.""

The Los Angeles District Attorney, Steve Cooley, had State and Federal law enforcement agents raid a medical cannabis collective and arrest no less than 3 people, the week before Christmas. He insists ""all sales are illegal"". This appears to be against the letter and spirit of legislation, not the mention the spirit in the season.

Also if all ""sales"" are illegal, each and every the Compassionate-Use Act say ""affordable""? If the patients are financially responsible for that cannabis, so how exactly does Cooley expect the currency to become exchanged? What's wrong with incremental reimbursements?

MEDICAL MARIJUANA PROGRAM OF 2004

The Medical Marijuana Program (MMP) got into law in 2004 through the legislative approval of Senate Bill 420. It was the state's attempt ""to implement a plan to the safe and affordable distribution of marijuana to all patients in medical necessity of marijuana,"" because Compassionate-Use Act of 1996 (Prop 215) encourages the State and Federal government to accomplish.

The MMP improves usage of medical cannabis for qualified patients by approving collectives and cooperatives.

""(3) Enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects.""

What Steve Cooley doesn't manage to understand is non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives are the distribution facet of ""cultivation projects"". Just like a collective cultivation farm wouldn't have customers arrive at the farm to have their tomatoes, they will have to obtain their collective tomatoes at the farmer's market or distribution location-- that's how medical cannabis collective cultivations occur. Grown in one area for safety and other reasons, then distributed at another location.

The MMP goes on to speak about all of the criminal statutes that qualified patients and primary caregivers are exempt from. In section 11362.765, it says: ""shall 't be subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Let's take a look at all these individually:

11357: [possession],

11358: [cultivation],

11359: [possession for sale],

11360: [""transports, imports into this state, sells, furnishes, administers, or gives away""- or proposes to or attempts to perform any of those],

11366: [Every individual who opens or maintains anyplace for that intent behind unlawfully selling, giving out, or using any controlled substance]

11366.5 [Managing a place for manufacture, storage and/or the distribution of your controlled substance]

11570 [Every building or place used for the intent behind unlawfully selling, serving, storing, keeping, manufacturing, or offering any controlled substance, precursor, or analog specified in this division, every building or place wherein or on which those acts take place, is a nuisance which should be enjoined, abated, and prevented, as well as for which damages could possibly be recovered, whether it is really a public or private nuisance.]

The Health and Safety Code section 11360 specifically says ""sells"". Not only that, it also says: ""gives away"" and ""furnishes"". How come the LA District Attorney's office says ""all sales are illegal"" and non-profit storefront medical cannabis dispensing collectives/cooperatives are banned?

In that same bill,

""11362.775. Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California so as collectively or cooperatively growing marijuana for medical purposes, shall not solely around the basis of that fact be susceptible to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

The Medical Marijuana Act also calls for the State Attorney General to deliver guidelines in connection with medical cannabis:

""The bill would require Attorney General to produce and adopt guidelines to be sure the security and non-diversion of marijuana grown for medical use, as specified.""

And that just what State Attorney General, Jerry Brown did inside the late summer of 2008.

GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE August 2008

To fulfill his mandate, the State Attorney General release these tips to assist law enforcements do their jobs according to State law and to aid patients understand those laws.

youtube

The guidelines state non-profit storefront Medical Cannabis Dispensing Collectives and Cooperatives might be legal under state guidelines should they followed the guidelines and also the above laws.

""It may be the opinion of this Office that the properly organized and operated collective or cooperative that dispenses medical cannabis via a storefront might be lawful under California law""

The State Attorney General confirms what regulations says. The Attorney General could be the highest-ranking legal employee of the State of California. His office also taken care of immediately the difficulties raised in Los Angeles by City Attorney's office.

According towards the New York Times on October 17: Christine Gasparac, a spokeswoman for State Attorney General Jerry Brown, asserted after Mr. Trutanich's comments in Los Angeles, law enforcement officials officials and advocates from throughout the state had called seeking clarity on medical cannabis laws.

Mr. Brown has issued regulations that provide nonprofit sales of medical marijuana, she said. But, she added, with laws being interpreted differently, ""the final answer may ultimately come from the courts.""

So exactly what do the courts say?

PEOPLE v. MENTCH

The District Attorney's office would have you think that the Mentch decision outlaws non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives and makes ""all cbdforsalenearme.com sales illegal"" but that decision has to do using the definition of ""primary caregiver"" not sales.

Mentch had 82 marijuana plants growing in their home and he sold the medicine to 5 people that found his home while using primary reason for buying cannabis. The tastes the plants in Mentch's home belonged to him because he testified. Their operations was not a collective or possibly a cooperative nor a store. Mentch owned Hemporium, a for-profit care giving and consultancy business, not a non-profit collective or possibly a cooperative.

Based off of the evidence the courts figured Mentch's operation was primarily a for-profit commercial venture and that he had not been a primary caregiver for anyone he supplied medical cannabis to from his home-based business. I've written about it thorough here.

So there you've got what are the courts say, exactly what the State Attorney says, and just what the laws say; all confirm non-profit storefront dispensing of medical cannabis may be legal under State law.

Now the Los Angeles District Attorney must obey regulations as well as the will of the people which will help prevent wasting time and resources to hurt medical cannabis patients especially just before Christmas. Especially when there are over 7,000 untested rape kits that the District Attorney claims to not have access to the resources to deal with.

#CBD #cannabis #cannabidiol

0 notes

dantetgxu467-blog · 5 years

Text

Top 10 Tips For Colorado Medical Cannabis Dispensaries Dealing With HB 10-1284

"How can we are the cause of what's perhaps the most dramatic legal disparities in medical cannabis to date? The issue of non-profit ""sale"" of medical cannabis to qualified patients via collectives and cooperatives. There's nothing else this way dispute. What do the experts say relating to this anyway?

Steve Cooley, The Los Angeles District Attorney, disagrees with Jerry Brown, the California State Attorney General.

youtube

How could two prominent state-employed attorneys arrived at wholly different conclusions around the answer? First the Los Angeles District Attorney claims ""all sales are illegal"". The California State Attorney General was sure enough to publish in their guidelines that ""storefront collectives could be legal under state guiidelines"". How could this be? After all, each attorney is looking with the same, right?

So what is the answer? What does what the law states say?

COMPASSIONATE-USE ACT 1996

Proposition 215 which has been approved by a majority of Californians in 1996 also it became called the Compassionate-Use Act. The statute itself will not say anything about ""sales"" however it does speak about ""possession"", ""cultivating"", obtaining medical cannabis, about affordability and ""distribution"".

It does point out that qualified patients in addition to their primary caregivers won't be victim to criminal issues:

""(B) To ensure that patients as well as their primary caregivers who obtain and make use of marijuana for medical purposes upon counsel of an physician aren't be subject to criminal prosecution or sanction.""

And what's more, it pushes governments to help ensure ""safe and affordable access"" to medical cannabis for ""all qualified patients"".

""(C) To encourage the federal and state governments to implement an agenda for the safe and affordable distribution of marijuana to everyone patients in medical demand for marijuana.""

The Los Angeles District Attorney, Steve Cooley, had State and Federal law enforcement agents raid a medical cannabis collective and arrest at least 3 people, the week before Christmas. He insists ""all sales are illegal"". This is apparently from the letter and spirit of what the law states, not the mention the spirit in the season.

Also if all ""sales"" are illegal, how come the Compassionate-Use Act say ""affordable""? If the patients are financially responsible for your cannabis, what makes Cooley expect the currency to be exchanged? What's wrong with incremental reimbursements?

MEDICAL MARIJUANA PROGRAM OF 2004

The Medical Marijuana Program (MMP) got into law in 2004 through the legislative approval of Senate Bill 420. It was the state's attempt ""to implement an agenda to the safe and affordable distribution of marijuana to everyone patients in medical need of marijuana,"" because Compassionate-Use Act of 1996 (Prop 215) encourages the State and Federal government to complete.

The MMP improves usage of medical cannabis for qualified patients by approving collectives and cooperatives.

""(3) Enhance the access of patients and caregivers to medical cannabis through collective, cooperative cultivation projects.""

What Steve Cooley doesn't appear to understand is non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives are the distribution aspect of ""cultivation projects"". Just like a collective cultivation farm wouldn't have customers arrive at the farm to obtain their tomatoes, they will have to get their collective tomatoes at the farmer's market or distribution location-- that's how medical cannabis collective cultivations occur. Grown in one place for safety as well as other reasons, then distributed at another location.

The MMP goes on to talk about every one of the criminal statutes that qualified patients and primary caregivers are exempt from. In section 11362.765, it says: ""shall not be subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Let's look at these 1 by 1:

11357: [possession],

11358: [cultivation],

11359: [possession for sale],

11360: [""transports, imports into this state, sells, furnishes, administers, or gives away""- or offers to or attempts to accomplish any of those],

11366: [Every one who opens or maintains any place for that reason for unlawfully selling, giving out, or using any controlled substance]

11366.5 [Managing an area for manufacture, storage and/or the distribution of your controlled substance]

11570 [Every building or place used for that function of unlawfully selling, serving, storing, keeping, manufacturing, or handing out any controlled substance, precursor, or analog specified by this division, and every building or place wherein or where those acts come about, is cbdforsalenearme.com a nuisance which shall be enjoined, abated, and prevented, and for which damages could possibly be recovered, whether it is really a public or private nuisance.]

The Health and Safety Code section 11360 specifically says ""sells"". Not only that, in addition, it says: ""gives away"" and ""furnishes"". How come the LA District Attorney's office says ""all sales are illegal"" and non-profit storefront medical cannabis dispensing collectives/cooperatives are banned?

In that same bill,

""11362.775. Qualified patients, persons with valid identification cards, as well as the designated primary caregivers of qualified patients and persons with identification cards, who associate inside State of California to be able collectively or cooperatively growing marijuana for medical purposes, shall not solely around the basis of that fact be be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Again, it says that patients can collectively cultivate cannabis and distribute it amongst themselves for non-profit. Again, the distribution of medical cannabis is separate from the cultivation the same as the manufacturing of my vicodin can be found apart from my pharmacy.

The Medical Marijuana Act also calls around the State Attorney General to supply guidelines associated with medical cannabis:

""The bill would require the Attorney General to build up and adopt guidelines to guarantee the security and non-diversion of marijuana grown for medical use, as specified.""

And that just what State Attorney General, Jerry Brown did inside the late summer of 2008.

GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE August 2008

To fulfill his mandate, the State Attorney General release these guidelines to assist law enforcements do their jobs based on State law and to help you patients understand those laws.

The guidelines state non-profit storefront Medical Cannabis Dispensing Collectives and Cooperatives may be legal under state law if they followed the rules as well as the above laws.

""It may be the opinion of the Office which a properly organized and operated collective or cooperative that dispenses medical marijuana by having a storefront may be lawful under California law""

The State Attorney General confirms what what the law states says. The Attorney General could be the highest-ranking legal employee of the State of California. His office also taken care of immediately the issues raised in Los Angeles by City Attorney's office.

According to the New York Times on October 17: Christine Gasparac, a spokeswoman for State Attorney General Jerry Brown, declared that after Mr. Trutanich's comments in Los Angeles, police force officials and advocates from across the state had called seeking clarity on medical marijuana laws.

Mr. Brown has issued legal guidelines that offer nonprofit sales of medical cannabis, she said. But, she added, with laws being interpreted differently, ""the final answer may ultimately come from the courts.""

So exactly what do the courts say?

PEOPLE v. MENTCH

The District Attorney's office would have you think that the Mentch decision outlaws non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives and makes ""all sales illegal"" but that decision has to accomplish using the definition of ""primary caregiver"" not sales.

Mentch had 82 marijuana plants growing in the home anf the husband sold the medicine to people who located his home with all the primary reason for buying cannabis. The most of the plants in Mentch's home belonged to him as they testified. Their operations was not a collective or possibly a cooperative nor a store. Mentch owned Hemporium, a for-profit care giving and consultancy business, not a non-profit collective or even a cooperative.

Based from the evidence the courts figured Mentch's operation was primarily a for-profit commercial venture and was not a primary caregiver for all those he supplied medical cannabis to from his home business. I've written concerning this comprehensive here.

So there you've just what the courts say, what are the State Attorney says, and what are the laws say; all confirm non-profit storefront dispensing of medical cannabis may be legal under State law.

Now the Los Angeles District Attorney must obey regulations and the will with the people and prevent wasting time and resources to hurt medical cannabis patients especially ahead of Christmas. Especially when you'll find over 7,000 untested rape kits how the District Attorney says he will not have the resources to handle.

#CBD #cannabis #cannabidiol

0 notes

zionjwfz861-blog · 5 years

Text

The Results of Marijuana Legalization

"How can we take into account precisely what is perhaps the most dramatic legal disparities in medical cannabis currently? The issue of non-profit ""sale"" of medical cannabis to qualified patients via collectives and cooperatives. There's nothing else such as this dispute. What do experts say relating to this anyway?

Steve Cooley, The Los Angeles District Attorney, disagrees with Jerry Brown, the California State Attorney General.

youtube

How could two prominent state-employed attorneys arrive at wholly different conclusions for the answer? First the Los Angeles District Attorney claims ""all sales are illegal"". The California State Attorney General was sure enough to write as part of his guidelines that ""storefront collectives might be legal under state guiidelines"". How could this be? After all, each attorney is looking on the same thing, right?

So what is the answer? What cbdforsalenearme.com does legislation say?

COMPASSIONATE-USE ACT 1996

Proposition 215 that was approved by the most Californians in 1996 and yes it became referred to as Compassionate-Use Act. The statute itself doesn't say anything about ""sales"" nonetheless it does mention ""possession"", ""cultivating"", obtaining medical cannabis, about affordability and ""distribution"".

It does claim that qualified patients as well as their primary caregivers will not be victim to criminal issues:

""(B) To ensure that patients and their primary caregivers who obtain and make use of marijuana for medical purposes upon the advice of your physician are certainly not subject to criminal prosecution or sanction.""

And in addition, it pushes governments to help ensure ""safe and affordable access"" to medical cannabis for ""all qualified patients"".

""(C) To encourage the federal and state governments to implement an agenda for your safe and affordable distribution of marijuana to everyone patients in medical need of marijuana.""

The Los Angeles District Attorney, Steve Cooley, had State and Federal police force agents raid a medical cannabis collective and arrest at the very least 3 people, the week before Christmas. He insists ""all sales are illegal"". This seems to be against the letter and spirit of regulations, not the mention the spirit with the season.

Also if all ""sales"" are illegal, each and every the Compassionate-Use Act say ""affordable""? If the patients are financially responsible to the cannabis, what makes Cooley expect the currency being exchanged? What's wrong with incremental reimbursements?

MEDICAL MARIJUANA PROGRAM OF 2004

The Medical Marijuana Program (MMP) arrived to law in 2004 with the legislative approval of Senate Bill 420. It was the state's attempt ""to implement an agenda to the safe and affordable distribution of marijuana to everyone patients in medical need for marijuana,"" because the Compassionate-Use Act of 1996 (Prop 215) encourages the State and Federal government to perform.

The MMP improves entry to medical cannabis for qualified patients by approving collectives and cooperatives.

""(3) Enhance the access of patients and caregivers to medicinal marijuana through collective, cooperative cultivation projects.""

What Steve Cooley doesn't appear to understand is non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives would be the distribution part of ""cultivation projects"". Just like a collective cultivation farm wouldn't have customers come to the farm to have their tomatoes, they will have to have their collective tomatoes with a farmer's market or distribution location-- that's how medical cannabis collective cultivations occur. Grown a single position for safety and also other reasons, then distributed at another location.

The MMP goes on to speak about each of the criminal statutes that qualified patients and primary caregivers are exempt from. In section 11362.765, it says: ""shall not be subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Let's have a look at all these one by one:

11357: [possession],

11358: [cultivation],

11359: [possession for sale],

11360: [""transports, imports into this state, sells, furnishes, administers, or gives away""- or offers to or attempts to do any of those],

11366: [Every individual that opens or maintains anywhere for the reason for unlawfully selling, giving away, or using any controlled substance]

11366.5 [Managing a spot for manufacture, storage and/or the distribution of the controlled substance]

11570 [Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving out any controlled substance, precursor, or analog per this division, and each building or place wherein or on which those acts take place, is often a nuisance which shall be enjoined, abated, and prevented, as well as for which damages could possibly be recovered, whether it is often a public or private nuisance.]

In that same bill,

""11362.775. Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California as a way collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely for the basis of that fact be at the mercy of state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Again, it says that patients can collectively cultivate cannabis and distribute it amongst themselves for non-profit. Again, the distribution of medical cannabis is apart from the cultivation similar to the manufacturing of my vicodin can be found apart from my pharmacy.

The Medical Marijuana Act also calls about the State Attorney General to provide guidelines in connection with medical cannabis:

""The bill would need the Attorney General to produce and adopt guidelines to be sure the security and non-diversion of marijuana grown for medical use, as specified.""

And that exactly what State Attorney General, Jerry Brown did in the late summer of 2008.

GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE August 2008

To fulfill his mandate, the State Attorney General release these tips to help law enforcements do their jobs in accordance with State law and to assist patients understand those laws.

The guidelines state non-profit storefront Medical Cannabis Dispensing Collectives and Cooperatives might be legal under state regulations if they followed the rules and also the above laws.

""It may be the opinion of this Office that a properly organized and operated collective or cooperative that dispenses medicinal marijuana via a storefront might be lawful under California law""

The State Attorney General confirms what what the law states says. The Attorney General is the highest-ranking legal employee in the State of California. His office also replied to the issues raised in Los Angeles by City Attorney's office.

According for the New York Times on October 17: Christine Gasparac, a spokeswoman for State Attorney General Jerry Brown, asserted after Mr. Trutanich's comments in Los Angeles, police force officials and advocates from throughout the state had called seeking clarity on medical marijuana laws.

Mr. Brown has issued legal guidelines which facilitate nonprofit sales of medicinal marijuana, she said. But, she added, with laws being interpreted differently, ""the final answer could eventually come from the courts.""

So so what can the courts say?

PEOPLE v. MENTCH

The District Attorney's office would have you feel that the Mentch decision outlaws non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives and makes ""all sales illegal"" but that decision has to do while using definition of ""primary caregiver"" not sales.

Mentch had 82 marijuana plants growing in the home anf the husband sold the medicine to individuals who stumbled on his home with all the primary intent behind buying cannabis. The tastes the plants in Mentch's home belonged to him while he testified. Their operations wasn't a collective or even a cooperative nor a storefront. Mentch owned Hemporium, a for-profit care giving and consultancy business, not just a non-profit collective or even a cooperative.

Based from the evidence the courts figured that Mentch's operation was primarily a for-profit commercial venture and the man had not been a primary caregiver for the people he supplied medical cannabis to from his home business. I've written about it thorough here.

So there you've got what are the courts say, what are the State Attorney says, and what the laws say; all confirm non-profit storefront dispensing of medical cannabis can be legal under State law.

Now the Los Angeles District Attorney must obey what the law states as well as the will with the people and prevent wasting time and resources to hurt medical cannabis patients especially prior to Christmas. Especially when there are over 7,000 untested rape kits that the District Attorney claims to not have access to the resources to deal with.

#CBD #cannabis #cannabidiol

0 notes

trentonvgok448-blog · 5 years

Text

Since We Say So

"How can we are the cause of precisely what is perhaps just about the most dramatic legal disparities in medical cannabis currently? The issue of non-profit ""sale"" of medical cannabis to qualified patients via collectives and cooperatives. There's nothing else like this dispute. What do the pros say concerning this anyway?

Steve Cooley, The Los Angeles District Attorney, disagrees with Jerry Brown, the California State Attorney General.

How could two prominent state-employed attorneys come to wholly different conclusions for the answer? First the Los Angeles District Attorney claims ""all sales are illegal"". The California State Attorney General was sure enough to write as part of his guidelines that ""storefront collectives may be legal under state law"". How could this be? After all, each attorney is looking with the ditto, right?

So what's the answer? What does the law say?

COMPASSIONATE-USE ACT 1996

Proposition 215 which was approved by the most Californians in 1996 also it became referred to as the Compassionate-Use Act. The statute itself doesn't say anything about ""sales"" however it does mention ""possession"", ""cultivating"", obtaining medical cannabis, about affordability and ""distribution"".

It does claim that qualified patients in addition to their primary caregivers won't be victim to criminal issues:

""(B) To ensure that patients as well as their primary caregivers who obtain and employ marijuana for medical purposes upon the recommendation of your physician aren't be subject to criminal prosecution or sanction.""

And additionally, it pushes governments to aid ensure ""safe and affordable access"" to medical cannabis for ""all qualified patients"".

""(C) To encourage the federal and state governments to implement an idea for the safe and affordable distribution of marijuana to everyone patients in medical necessity of marijuana.""

Also if all ""sales"" are illegal, how come the Compassionate-Use Act say ""affordable""? If the patients are financially responsible for your cannabis, how can Cooley expect the currency being exchanged? What's wrong with incremental reimbursements?

MEDICAL MARIJUANA PROGRAM OF 2004

The Medical Marijuana Program (MMP) got into law in 2004 through the legislative approval of Senate Bill 420. It was the state's attempt ""to implement an idea to the safe and affordable distribution of marijuana to all patients in medical need for marijuana,"" because the Compassionate-Use Act of 1996 (Prop 215) encourages the State and Federal government to complete.

The MMP improves access to medical cannabis for qualified patients by approving collectives and cooperatives.

""(3) Enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects.""

What Steve Cooley doesn't appear to understand is non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives would be the distribution element of ""cultivation projects"". Just like a collective cultivation farm wouldn't have customers arrived at the farm to get their tomatoes, they will have to have their collective tomatoes in a farmer's market or distribution location-- that's how medical cannabis collective cultivations occur. Grown in a single place for safety as well as other reasons, then distributed at another location.

The MMP procedes talk about all of the criminal statutes that qualified patients and primary caregivers are exempt from. In section 11362.765, it says: ""shall not subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Let's examine all these one by one:

11357: [possession],

11358: [cultivation],

11359: [possession for sale],

11360: [""transports, imports into this state, sells, furnishes, administers, or gives away""- or proposes to or attempts to perform any of those],

11366: [Every individual who opens or maintains any where for your intent behind unlawfully selling, giving out, or using any controlled substance]

11366.5 [Managing an area manufacture, storage and/or the distribution of an controlled substance]

11570 [Every building or place used for your intent behind unlawfully selling, serving, storing, keeping, manufacturing, or giving out any controlled substance, precursor, or analog specified in this division, and each building or place wherein or upon which those acts happen, is a nuisance which will probably be enjoined, abated, and prevented, as well as which damages may be recovered, whether it is a public or private nuisance.]

In that same bill,

""11362.775. Qualified patients, persons with valid identification cards, and also the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely for the basis of that fact be be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Again, it says that patients can collectively cultivate cannabis and distribute it amongst themselves for non-profit. Again, the distribution of medical cannabis is separate from the cultivation similar to the manufacturing of my vicodin is situated outside of my pharmacy.

The Medical Marijuana Act also calls around the State Attorney General to supply guidelines associated with medical cannabis:

""The bill would require the Attorney General to formulate and adopt guidelines to guarantee the security and non-diversion of marijuana grown for medical use, as specified.""

And that just what State Attorney General, Jerry Brown did in the late summer of 2008.

GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE August 2008

To fulfill his mandate, the State Attorney General release these tips to assist law enforcements do their jobs as outlined cbdforsalenearme.com by State law and to help patients understand those laws.

youtube

The guidelines state non-profit storefront Medical Cannabis Dispensing Collectives and Cooperatives could possibly be legal under state guidelines when they followed the guidelines along with the above laws.

""It may be the opinion of the Office that a properly organized and operated collective or cooperative that dispenses medical cannabis through a storefront may be lawful under California law""

The State Attorney General confirms what the law says. The Attorney General will be the highest-ranking legal employee from the State of California. His office also replied to the problems raised in Los Angeles by City Attorney's office.

According for the New York Times on October 17: Christine Gasparac, a spokeswoman for State Attorney General Jerry Brown, declared after Mr. Trutanich's comments in Los Angeles, police officers officials and advocates from round the state had called seeking clarity on medical marijuana laws.

Mr. Brown has issued legal guidelines that allow for nonprofit sales of medical cannabis, she said. But, she added, with laws being interpreted differently, ""the final answer will eventually come from the courts.""

So so what can the courts say?

PEOPLE v. MENTCH

The District Attorney's office would have you believe the Mentch decision outlaws non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives and makes ""all sales illegal"" but that decision has to accomplish with the definition of ""primary caregiver"" not sales.

Mentch had 82 marijuana plants growing in their home and that he sold the medicine to people that came to his home using the primary reason for buying cannabis. The majority of the plants in Mentch's home belonged to him as they testified. Their operations has not been a collective or even a cooperative nor a storefront. Mentch owned Hemporium, a for-profit care giving and consultancy business, not really a non-profit collective or possibly a cooperative.

Based from the evidence the courts concluded that Mentch's operation was primarily a for-profit commercial venture and the man wasn't a primary caregiver for anyone he supplied medical cannabis to from his work from home business. I've written about this thorough here.

So there you have what are the courts say, what are the State Attorney says, and what are the laws say; all confirm non-profit storefront dispensing of medical cannabis may be legal under State law.

Now the Los Angeles District Attorney must obey regulations as well as the will in the people and stop wasting time and resources to hurt medical cannabis patients especially prior to Christmas. Especially when you can find over 7,000 untested rape kits that this District Attorney says he will not need the resources to deal with.

#CBD #cannabis #cannabidiol

0 notes

lorenzolhxs140-blog · 5 years

Text

A Medical Marijuana Policy From Obama?

"How can we take into account what is perhaps probably the most dramatic legal disparities in medical cannabis to date? The issue of non-profit ""sale"" of medical cannabis to qualified patients via collectives and cooperatives. There's nothing else such as this dispute. What do the experts say about this anyway?

Steve Cooley, The Los Angeles District Attorney, disagrees with Jerry Brown, the California State Attorney General.

How could two prominent state-employed attorneys arrived at wholly different conclusions about the answer? First the Los Angeles District Attorney claims ""all sales are illegal"". The California State Attorney General was sure enough to write down in his guidelines that ""storefront collectives could possibly be legal under state law"". How could this be? After all, each attorney is looking in the same thing, right?

So what is the answer? What does what the law states say?

COMPASSIONATE-USE ACT 1996

Proposition 215 that was approved by way of a most of Californians in 1996 plus it became called the Compassionate-Use Act. The statute itself won't say anything about ""sales"" nonetheless it does discuss ""possession"", ""cultivating"", obtaining medical cannabis, about affordability and ""distribution"".

It does state that qualified patients along with their primary caregivers won't be victim to criminal issues:

""(B) To ensure that patients as well as their primary caregivers who obtain and employ marijuana for medical purposes upon the recommendations of an physician are not be subject to criminal prosecution or sanction.""

And in addition, it pushes governments to help you ensure ""safe and affordable access"" to medical cannabis for ""all qualified patients"".

""(C) To encourage the federal and state governments to implement a plan for your safe and affordable distribution of marijuana to all patients in medical need of marijuana.""

The Los Angeles District Attorney, Steve Cooley, had State and Federal law enforcement officials agents raid a medical cannabis collective and arrest a minimum of 3 people, the week before Christmas. He insists ""all sales are illegal"". This seems to be contrary to the letter and spirit of what the law states, not the mention the spirit of the season.

Also if all ""sales"" are illegal, how does the Compassionate-Use Act say ""affordable""? If the patients are financially responsible for that cannabis, what makes Cooley expect the currency to get exchanged? What's wrong with incremental reimbursements?

MEDICAL MARIJUANA PROGRAM OF 2004

The Medical Marijuana Program (MMP) arrived to law in 2004 over the legislative approval of Senate Bill 420. It was the state's attempt ""to implement an agenda for the safe and affordable distribution of marijuana to any or all patients in medical demand for marijuana,"" as the Compassionate-Use Act of 1996 (Prop 215) encourages the State and Federal government to accomplish.

youtube

The MMP improves entry to medical cannabis for qualified patients by approving collectives and cooperatives.

""(3) Enhance the access of patients and caregivers to medical cannabis through collective, cooperative cultivation projects.""

What Steve Cooley doesn't seem to understand is non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives include the distribution element of ""cultivation projects"". Just like a collective cultivation farm wouldn't have customers arrived at the farm to get their tomatoes, they would have to obtain their collective tomatoes at a farmer's market or distribution location-- that's cbdforsalenearme.com how medical cannabis collective cultivations occur. Grown a single location for safety and also other reasons, then distributed at another location.

The MMP procedes discuss all of the criminal statutes that qualified patients and primary caregivers are exempt from. In section 11362.765, it says: ""shall not subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Let's take a look at each one of these one by one:

11357: [possession],

11358: [cultivation],

11359: [possession for sale],

11360: [""transports, imports into this state, sells, furnishes, administers, or gives away""- or purports to or attempts to do any of those],

11366: [Every individual that opens or maintains anywhere for your reason for unlawfully selling, handing out, or using any controlled substance]

11366.5 [Managing an area for manufacture, storage and/or the distribution of your controlled substance]

11570 [Every building or place used to the intent behind unlawfully selling, serving, storing, keeping, manufacturing, or handing out any controlled substance, precursor, or analog specified by this division, each building or place wherein or on which those acts occur, is a nuisance which should be enjoined, abated, and prevented, as well as for which damages could be recovered, whether it is really a public or private nuisance.]

In that same bill,

""11362.775. Qualified patients, persons with valid identification cards, and also the designated primary caregivers of qualified patients and persons with identification cards, who associate inside State of California to be able collectively or cooperatively to grow marijuana for medical purposes, shall not solely on the basis of that fact be at the mercy of state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Again, it says that patients can collectively cultivate cannabis and distribute it amongst themselves for non-profit. Again, the distribution of medical cannabis is outside of the cultivation the same as the manufacturing of my vicodin is situated apart from my pharmacy.

The Medical Marijuana Act also calls on the State Attorney General to provide guidelines associated with medical cannabis:

""The bill would require Attorney General to formulate and adopt guidelines to be sure the security and non-diversion of marijuana grown for medical use, as specified.""

And that exactly what State Attorney General, Jerry Brown did inside the late summer of 2008.

GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE August 2008

To fulfill his mandate, the State Attorney General release the following tips to help you law enforcements do their jobs based on State law and to help you patients understand those laws.

The guidelines state non-profit storefront Medical Cannabis Dispensing Collectives and Cooperatives might be legal under state guidelines should they followed the rules along with the above laws.

""It is the opinion of the Office a properly organized and operated collective or cooperative that dispenses medical cannabis by having a storefront could possibly be lawful under California law""

The State Attorney General confirms what the law says. The Attorney General could be the highest-ranking legal employee from the State of California. His office also replied to the difficulties raised in Los Angeles by City Attorney's office.

According to the New York Times on October 17: Christine Gasparac, a spokeswoman for State Attorney General Jerry Brown, asserted after Mr. Trutanich's comments in Los Angeles, law enforcement officials officials and advocates from across the state had called seeking clarity on medicinal marijuana laws.

Mr. Brown has issued regulations that offer nonprofit sales of medicinal marijuana, she said. But, she added, with laws being interpreted differently, ""the final answer will ultimately come from the courts.""

So what do the courts say?

PEOPLE v. MENTCH

The District Attorney's office would have you think that the Mentch decision outlaws non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives and makes ""all sales illegal"" but that decision has to complete with all the definition of ""primary caregiver"" not sales.

Mentch had 82 marijuana plants growing as part of his home and that he sold the medicine to five people that found his home with the primary function of buying cannabis. The majority of the plants in Mentch's home belonged to him as they testified. Their operations had not been a collective or even a cooperative nor an outlet. Mentch owned Hemporium, a for-profit care giving and consultancy business, not just a non-profit collective or possibly a cooperative.

Based from the evidence the courts concluded that Mentch's operation was primarily a for-profit commercial venture and that he has not been a primary caregiver for anyone he supplied medical cannabis to from his home business. I've written relating to this thorough here.

So there you have just what the courts say, just what the State Attorney says, and what are the laws say; all confirm non-profit storefront dispensing of medical cannabis might be legal under State law.

Now the Los Angeles District Attorney must obey the law along with the will of the people preventing wasting time and resources to hurt medical cannabis patients especially prior to Christmas. Especially when there are over 7,000 untested rape kits that this District Attorney states not need the resources to handle.

#CBD #cannabis #cannabidiol

0 notes

elliotgbbr614-blog · 5 years

Text

Are The Majority Of Patients Who Obtain A Medical Card Faking?

"How can we be the cause of what exactly is perhaps probably the most dramatic legal disparities in medical cannabis currently? The issue of non-profit ""sale"" of medical cannabis to qualified patients via collectives and cooperatives. There's nothing else such as this dispute. What do the experts say relating to this anyway?

Steve Cooley, The Los Angeles District Attorney, disagrees with Jerry Brown, the California State Attorney General.

How could two prominent state-employed attorneys arrive at wholly different conclusions for the answer? First the Los Angeles District Attorney claims ""all sales are illegal"". The California State Attorney General was sure enough to write down in their guidelines that ""storefront collectives might be legal under state law"". How could this be? After all, each attorney is looking on the ditto, right?

So what's the answer? What does what the law states say?

COMPASSIONATE-USE ACT 1996

Proposition 215 which was approved by the most Californians in 1996 and it became called the Compassionate-Use Act. The statute itself won't say anything about ""sales"" nevertheless it does speak about ""possession"", ""cultivating"", obtaining medical cannabis, about affordability and ""distribution"".

It does claim that qualified patients as well as their primary caregivers are not victim to criminal issues:

""(B) To ensure that patients in addition to their primary caregivers who obtain and use marijuana for medical purposes upon the recommendations of the physician aren't subject to criminal prosecution or sanction.""

And in addition, it pushes governments to assist ensure ""safe and affordable access"" to medical cannabis for ""all qualified patients"".

""(C) To encourage the federal and state governments to implement a strategy to the safe and affordable distribution of marijuana to everyone patients in medical demand for marijuana.""

The Los Angeles District Attorney, Steve Cooley, had State and Federal law enforcement officials agents raid a medical cannabis collective and arrest a minimum of 3 people, the week before Christmas. He insists ""all sales are illegal"". This is apparently against the letter and spirit of the law, not the mention the spirit with the season.

Also if all ""sales"" are illegal, how does the Compassionate-Use Act say ""affordable""? If the patients are financially responsible to the cannabis, so how exactly does Cooley expect the currency to get exchanged? What's wrong with incremental reimbursements?

MEDICAL MARIJUANA PROGRAM OF 2004

The Medical Marijuana Program (MMP) came into law in 2004 through the legislative approval of Senate Bill 420. It was the state's attempt ""to implement an idea for your safe and affordable distribution of marijuana to everyone patients in medical necessity of marijuana,"" since the Compassionate-Use Act of 1996 (Prop 215) encourages the State and Federal government to perform.

The MMP improves access to medical cannabis for qualified patients by approving collectives and cooperatives.

""(3) Enhance the access of patients and caregivers to medical cannabis through collective, cooperative cultivation projects.""

What Steve Cooley doesn't manage to understand is non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives will be the distribution element of ""cultivation projects"". Just like a collective cultivation farm wouldn't have customers arrive at the farm to have their tomatoes, they might have to get their collective tomatoes at the farmer's market or distribution location-- that's how medical cannabis collective cultivations occur. Grown in one place for safety as well as other reasons, then distributed at another location.

The MMP procedes to discuss all the criminal statutes that qualified patients and cbdforsalenearme.com primary caregivers are exempt from. In section 11362.765, it says: ""shall stop subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Let's examine each of these one at a time:

11357: [possession],

11358: [cultivation],

11359: [possession for sale],

youtube

11360: [""transports, imports into this state, sells, furnishes, administers, or gives away""- or purports to or attempts to perform any of those],

11366: [Every individual that opens or maintains anywhere for that function of unlawfully selling, giving away, or using any controlled substance]

11366.5 [Managing a place for manufacture, storage and/or the distribution of your controlled substance]

11570 [Every building or place used to the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or offering any controlled substance, precursor, or analog per this division, every building or place wherein or on which those acts take place, is often a nuisance which will be enjoined, abated, and prevented, as well as for which damages could possibly be recovered, whether it can be a public or private nuisance.]

In that same bill,

""11362.775. Qualified patients, persons with valid identification cards, as well as the designated primary caregivers of qualified patients and persons with identification cards, who associate inside State of California as a way collectively or cooperatively to grow marijuana for medical purposes, shall not solely on the basis of that fact be at the mercy of state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Again, it says that patients can collectively cultivate cannabis and distribute it amongst themselves for non-profit. Again, the distribution of medical cannabis is apart from the cultivation just as the manufacturing of my vicodin is found separate from my pharmacy.

The Medical Marijuana Act also calls on the State Attorney General to provide guidelines related to medical cannabis:

""The bill would require the Attorney General to formulate and adopt guidelines to guarantee the security and non-diversion of marijuana grown for medical use, as specified.""

And that precisely what State Attorney General, Jerry Brown did in the late summer of 2008.

GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE August 2008

To fulfill his mandate, the State Attorney General release the following tips to assist law enforcements do their jobs as outlined by State law and to help patients understand those laws.

The guidelines state non-profit storefront Medical Cannabis Dispensing Collectives and Cooperatives may be legal under state guiidelines should they followed the policies along with the above laws.

""It is the opinion of the Office a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law""

The State Attorney General confirms what legislation says. The Attorney General may be the highest-ranking legal employee of the State of California. His office also taken care of immediately the problems raised in Los Angeles by City Attorney's office.

According for the New York Times on October 17: Christine Gasparac, a spokeswoman for State Attorney General Jerry Brown, declared after Mr. Trutanich's comments in Los Angeles, police force officials and advocates from around the state had called seeking clarity on medical marijuana laws.

Mr. Brown has issued regulations that allow for nonprofit sales of medical cannabis, she said. But, she added, with laws being interpreted differently, ""the final answer could eventually come from the courts.""

So exactly what do the courts say?

PEOPLE v. MENTCH

The District Attorney's office would have you think that the Mentch decision outlaws non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives and makes ""all sales illegal"" but that decision has to accomplish while using definition of ""primary caregiver"" not sales.

Mentch had 82 marijuana plants growing in the home and that he sold the medicine to five those who found his home while using primary reason for buying cannabis. The most of the plants in Mentch's home belonged to him while he testified. Their operations had not been a collective or possibly a cooperative nor a storefront. Mentch owned Hemporium, a for-profit care giving and consultancy business, not a non-profit collective or a cooperative.

Based over evidence the courts figured that Mentch's operation was primarily a for-profit commercial venture and the man has not been a primary caregiver for anyone he supplied medical cannabis to from his work from home business. I've written about it thorough here.

So there you have just what the courts say, just what the State Attorney says, and what the laws say; all confirm non-profit storefront dispensing of medical cannabis might be legal under State law.

Now the Los Angeles District Attorney must obey what the law states along with the will in the people and prevent wasting time and resources to hurt medical cannabis patients especially ahead of Christmas. Especially when you can find over 7,000 untested rape kits how the District Attorney statements to donrrrt you have the resources to take care of.

#CBD #cannabis #cannabidiol

0 notes

dominickktfc084-blog · 5 years

Text

Medical Cannabis - 7 Supporters Claiming It Needs To Be Lawful

"How can we are the cause of what is perhaps the most dramatic legal disparities in medical cannabis currently? The issue of non-profit ""sale"" of medical cannabis to qualified patients via collectives and cooperatives. There's nothing else similar to this dispute. What do professionals say relating to this anyway?

Steve Cooley, The Los Angeles District Attorney, disagrees with Jerry Brown, the California State Attorney General.

How could two prominent state-employed attorneys cbdforsalenearme.com arrive at wholly different conclusions about the answer? First the Los Angeles District Attorney claims ""all sales are illegal"". The California State Attorney General was sure enough to create in their guidelines that ""storefront collectives might be legal under state guidelines"". How could this be? After all, each attorney is looking with the ditto, right?

So what is the answer? What does legislation say?

COMPASSIONATE-USE ACT 1996

Proposition 215 that has been approved with a most of Californians in 1996 and it became known as the Compassionate-Use Act. The statute itself doesn't say anything about ""sales"" nevertheless it does mention ""possession"", ""cultivating"", obtaining medical cannabis, about affordability and ""distribution"".

It does state that qualified patients and their primary caregivers won't be victim to criminal issues:

""(B) To ensure that patients along with their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are certainly not at the mercy of criminal prosecution or sanction.""

And in addition, it pushes governments to help you ensure ""safe and affordable access"" to medical cannabis for ""all qualified patients"".

""(C) To encourage the federal and state governments to implement an idea for the safe and affordable distribution of marijuana to everyone patients in medical necessity of marijuana.""

The Los Angeles District Attorney, Steve Cooley, had State and Federal police force agents raid a medical cannabis collective and arrest a minimum of 3 people, the week before Christmas. He insists ""all sales are illegal"". This is apparently up against the letter and spirit of legislation, not the mention the spirit of the season.

Also if all ""sales"" are illegal, why does the Compassionate-Use Act say ""affordable""? If the patients are financially responsible to the cannabis, what makes Cooley expect the currency being exchanged? What's wrong with incremental reimbursements?

MEDICAL MARIJUANA PROGRAM OF 2004

The Medical Marijuana Program (MMP) got into law in 2004 from the legislative approval of Senate Bill 420. It was the state's attempt ""to implement a strategy for the safe and affordable distribution of marijuana to any or all patients in medical necessity of marijuana,"" because Compassionate-Use Act of 1996 (Prop 215) encourages the State and Federal government to do.

The MMP improves entry to medical cannabis for qualified patients by approving collectives and cooperatives.

""(3) Enhance the access of patients and caregivers to medicinal marijuana through collective, cooperative cultivation projects.""

What Steve Cooley doesn't seem to understand is non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives include the distribution part of ""cultivation projects"". Just like a collective cultivation farm wouldn't have customers arrive at the farm to get their tomatoes, they might have to have their collective tomatoes in a farmer's market or distribution location-- that's how medical cannabis collective cultivations occur. Grown in a single position for safety and other reasons, then distributed at another location.

The MMP procedes to speak about all the criminal statutes that qualified patients and primary caregivers are exempt from. In section 11362.765, it says: ""shall stop subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Let's have a look at each one of these 1 by 1:

11357: [possession],

11358: [cultivation],

youtube

11359: [possession for sale],

11360: [""transports, imports into this state, sells, furnishes, administers, or gives away""- or proposes to or attempts to accomplish any of those],

11366: [Every person who opens or maintains any place for your purpose of unlawfully selling, offering, or using any controlled substance]

11366.5 [Managing a spot for manufacture, storage and/or the distribution of your controlled substance]

11570 [Every building or place used for your purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor, or analog specified in this division, every building or place wherein or upon which those acts happen, is a nuisance which will probably be enjoined, abated, and prevented, and then for which damages could possibly be recovered, whether it is often a public or private nuisance.]

In that same bill,

""11362.775. Qualified patients, persons with valid identification cards, along with the designated primary caregivers of qualified patients and persons with identification cards, who associate from the State of California to be able collectively or cooperatively to grow marijuana for medical purposes, shall not solely around the basis of that fact be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Again, it says that patients can collectively cultivate cannabis and distribute it amongst themselves for non-profit. Again, the distribution of medical cannabis is separate from the cultivation similar to the manufacturing of my vicodin is situated outside of my pharmacy.

The Medical Marijuana Act also calls for the State Attorney General to supply guidelines associated with medical cannabis:

""The bill would require the Attorney General to build up and adopt guidelines to be sure the security and non-diversion of marijuana grown for medical use, as specified.""

And that precisely what State Attorney General, Jerry Brown did within the late summer of 2008.

GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE August 2008

To fulfill his mandate, the State Attorney General release these guidelines to aid law enforcements do their jobs according to State law and to help you patients understand those laws.

The guidelines state non-profit storefront Medical Cannabis Dispensing Collectives and Cooperatives could be legal under state law whenever they followed the rules and also the above laws.

""It is the opinion on this Office that the properly organized and operated collective or cooperative that dispenses medical marijuana by way of a storefront could be lawful under California law""

The State Attorney General confirms what what the law states says. The Attorney General could be the highest-ranking legal employee from the State of California. His office also replied to the problems raised in Los Angeles by City Attorney's office.

Mr. Brown has issued regulations that provide nonprofit sales of medical cannabis, she said. But, she added, with laws being interpreted differently, ""the final answer will ultimately come from the courts.""

So so what can the courts say?

PEOPLE v. MENTCH

The District Attorney's office would have you think that the Mentch decision outlaws non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives and makes ""all sales illegal"" but that decision has to complete using the definition of ""primary caregiver"" not sales.

Mentch had 82 marijuana plants growing in his home anf the husband sold the medicine to 5 people who located his home with all the primary intent behind buying cannabis. The majority of the plants in Mentch's home belonged to him as he testified. Their operations had not been a collective or possibly a cooperative nor a store. Mentch owned Hemporium, a for-profit care giving and consultancy business, not only a non-profit collective or perhaps a cooperative.

Based off the evidence the courts figured that Mentch's operation was primarily a for-profit commercial venture and that he wasn't a primary caregiver for those he supplied medical cannabis to from his home based business. I've written concerning this detailed here.

So there you might have what the courts say, just what the State Attorney says, and what are the laws say; all confirm non-profit storefront dispensing of medical cannabis could be legal under State law.

Now the Los Angeles District Attorney must obey legislation and the will of the people and prevent wasting time and resources to hurt medical cannabis patients especially ahead of Christmas. Especially when you can find over 7,000 untested rape kits that this District Attorney says he will donrrrt you have the resources to take care of.

#CBD #cannabis #cannabidiol

0 notes

travisslln969 · 5 years

Text

Exactly How to Stop Smoking Cigarettes Pot - Marijuana & the Mind

"Just how can we make up what is maybe among one of the most significant lawful variations in medical marijuana to day? The issue of charitable ""sale"" of medical cannabis to qualified clients via collectives and cooperatives. There's absolutely nothing else like this conflict. What do the professionals state concerning this anyhow?

Steve Cooley, The Los Angeles District Attorney, disagrees with Jerry Brown, the California State Attorney General Of The United States.

How could 2 noticeable state-employed lawyers pertain to wholly different final thoughts on the answer? Initially, the Los Angeles District Attorney declares ""all sales are prohibited"". The California State Chief law officer was sure enough to write in his guidelines that ""storefront collectives might be legal under state regulation"". How could this be? Nevertheless, each lawyer is taking a look at the same thing, right?

So what is the answer? What does the law say?

COMPASSIONATE-USE ACT 1996

Suggestion 215 was approved by a bulk of Californians in 1996 and it ended up being referred to as the Compassionate-Use Act. The statute itself does not claim anything regarding ""sales"" but it does speak about ""belongings"", ""growing"", getting clinical cannabis, regarding affordability and ""distribution"".

It does claim that professional patients and also their main caretakers will certainly not be a victim of criminal problems:

""( B) To guarantee that patients and also their main caregivers that obtain and make use of marijuana for clinical purposes upon the suggestion of a doctor are exempt to criminal prosecution or sanction.""

As well as it additionally presses governments to aid make certain ""secure and also inexpensive accessibility"" to medical marijuana for ""all certified individuals"".

""( C) To urge the government and state governments to execute a plan for the safe and also affordable distribution of cannabis to all individuals in clinical requirement of cannabis.""

The Los Angeles District Attorney, Steve Cooley, had State as well as Federal law enforcement agents rob a clinical cannabis collective and also arrest a minimum of 3 individuals, the week before Xmas. He firmly insists ""all sales are prohibited"". This appears to be against the letter as well as spirit of the law, not the reference the spirit of the period.

Likewise if all ""sales"" are illegal, why does the Compassionate-Use Act state ""inexpensive""? If the clients are financially in charge of marijuana, exactly how does Cooley expect the currency to be traded? What's wrong with incremental reimbursements?

CLINICAL CANNABIS PROGRAM OF 2004

youtube

The Medical Cannabis Program (MMP) came into law in 2004 through the legislative authorization of Us senate Expense 420. It was the state's attempt ""to implement a prepare for the secure as well as inexpensive distribution of marijuana to all patients in clinical requirement of marijuana,"" as the Compassionate-Use Act of 1996 (Prop 215) urges the State and Federal government to do.

The MMP improves accessibility to clinical marijuana for competent clients by approving collectives as well as cooperatives.

""( 3) Improve the access of patients as well as caregivers to clinical cannabis via cumulative, cooperative farming projects.""

What Steve Cooley doesn't seem to comprehend is non-profit shop Medical Marijuana Giving Collectives/Cooperatives are the circulation element of ""growing jobs"". Just like a collective farming farm wouldn't have customers involve the ranch to get their tomatoes, they would need to get their cumulative tomatoes at a farmer's market or distribution place-- that's just how medical marijuana cumulative farmings take place. Grown in one location for safety and also other factors, then distributed at one more location.

The MMP takes place to speak about all the criminal laws that qualified patients and also key caregivers are exempt from. In area 11362.765, it claims: ""will not be subject, on that single basis, to criminal obligation under Area 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Allow's look at each of this individually:

11357: [possession],

11358: [cultivation],

11359: [belongings to buy],

11360: ["" transports, imports right into this state, markets, furnishes, provides, or gives away""- or supplies to or tries to do any one of those],

11366: [Every person that opens up or keeps any type of place for the purpose of unjustifiably selling, handing out, or using any controlled substance] 11366.5 [Managing a location for manufacture, storage and/or the circulation of an abused substance] 11570 [Every structure or location made use of for the function of unjustifiably marketing, serving, keeping, keeping, manufacturing, or distributing any dangerous drug, precursor, or analog specified in this division, as well as every structure or place in which or upon which those acts occur, is a hassle which shall be urged, mellowed out, and stopped, and for which problems may be recovered, whether it is a public or exclusive problem.]

The Health and Safety Code section 11360 especially claims ""sells"". Not cbdforsalenearme.com just that, however it also says: ""gives away"" as well as ""furnishes"". Just how come the LA District Attorney's workplace claims ""all sales are illegal"" as well as charitable storefront clinical marijuana giving collectives/cooperatives are prohibited?

In that exact same costs,

"" 11362.775. Certified clients, persons with valid recognition cards, and also the designated main caretakers of qualified patients and also persons with identification cards, who connect within the State of California in order jointly or en masse to grow cannabis for medical objectives, shall not solely on the basis of that be subject to state criminal sanctions under Area 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Once again, it states that clients can collectively grow cannabis and disperse it among themselves for charitable. Once again, the circulation of clinical marijuana is different from the farming much like the manufacturing of my Vicodin lies individually from my pharmacy.

The Medical Cannabis Act additionally contacts the State Attorney general of the United States to provide guidelines associated with medical cannabis:

"" The bill would certainly require the Chief law officer to establish as well as take on guidelines to make certain the security and also non-diversion of marijuana expanded for clinical use, as specified.""

And that precisely what State Attorney general of the United States, Jerry Brown did in the late summertime of 2008

GUIDELINES FOR THE SAFETY AND SECURITY As Well As NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USAGE August 2008.

To meet his required, the State Chief law officer launches these standards to aid police do their tasks according to State legislation and also to aid people understand those laws.

The guidelines state non-profit store Medical Marijuana Dispensing Collectives and also Cooperatives could be legal under state law if they complied with the standards and also the above regulations.

"" It is the opinion of this Workplace that an appropriately arranged as well as run collective or participating that gives clinical cannabis with a shop may be authorized under The golden state legislation""

The State Attorney general of the United States verifies what the law says. The Attorney General is the highest-ranking legal employee of the State of The golden state. His workplace additionally replied to the concerns increased in Los Angeles by the City Lawyer's office.

According to the New York City Times on October 17: Christine Gaspar, a spokesperson for State Chief law officer Jerry Brown, said that after Mr. Trutanich's remarks in Los Angeles, police officials and supporters from around the state had actually called seeking clarity on medical marijuana laws.

Mr. Brown has actually issued legal standards that permit nonprofit sales of clinical cannabis, she claimed. However, she added, with regulations being translated in different ways, ""the last solution will eventually come from the courts.""

So what do the courts claim?

INDIVIDUALS v. MENTCH

The District Attorney's workplace would have you think that the Mentch decision hooligans charitable shop Medical Marijuana Giving Collectives/Cooperatives and makes ""all sales prohibited"" yet that choice concerns the interpretation of ""main caretaker"" not sales.

Mentch had 82 cannabis plants expanding in his residence and also he offered the medicine to 5 people that came to his residence with the primary purpose of buying marijuana. The majority of the plants in Mentch's residence belonged to him as he affirmed. Their procedures were not a collective or a participating nor a storefront. Mentch possessed Hemporium, for-profit caregiving, and consultancy service, not a charitable collective or a participating.

Based upon the proof the courts ended that Mentch's procedure was mainly a for-profit business endeavor which he was not a primary caregiver for those he supplied clinical cannabis to from his home based business. I've discussed this extensive here.

So there you have what the courts claim, what the State Attorney states, as well as what the legislations say; all validate charitable store dispensing of clinical marijuana can be legal under State legislation.

Currently the Los Angeles District Attorney must follow the legislation and the will of the people and quit wasting time and also resources to hurt medical cannabis clients especially just before Xmas. Specifically when there more than 7,000 untested rape kits that the District Attorney claims to not have the resources to handle."

#CBD #cannabis #cannabidiol

0 notes

stonecreationslongisland · 5 years

Photo

Best of Long Island – #Masonry | #Pavers You can vote for us online at bestoflongisland.com in: Section: Home & Garden Categories: Masonry and Pavers…

1 note · View note

mariouocn961-blog · 5 years

Text

What Are Terpenes in Marijuana?

"Exactly how can we make up what is probably among one of the most significant legal variations in medical marijuana to date? The problem of non-profit ""sale"" of medical cannabis to qualified patients by means of collectives and also cooperatives. There's absolutely nothing else similar to this dispute. What do the experts claim about this anyway?

Steve Cooley, The Los Angeles District Attorney, differs with Jerry Brown, the California State Attorney General.

How could two popular state-employed lawyers concern entirely different conclusions on the solution? Initially, the Los Angeles District Attorney asserts ""all sales are unlawful"". The California State Chief law officer made sure enough to write in his standards that ""storefront collectives might be lawful under state legislation"". Just how could this be? Besides, each lawyer is considering the very same thing, right?

So what is the response? What does the regulation say?

COMPASSIONATE-USE ACT 1996

Recommendation 215 was authorized by a majority of Californians in 1996 and it ended up being known as the Compassionate-Use Act. The statute itself does not state anything about ""sales"" however it does speak about ""property"", ""growing"", obtaining clinical cannabis, about affordability as well as ""circulation"".

It does claim that qualified clients as well as their key caregivers will certainly not be a target of criminal concerns:

""( B) To make sure that people and their main caretakers who obtain and use marijuana for medical purposes upon the suggestion of a physician are not subject to criminal prosecution or permission.""

And it also presses federal governments to assist make certain ""secure and also affordable gain access to"" to medical marijuana for ""all certified clients"".

youtube

""( C) To motivate the federal as well as state governments to carry out a prepare for the risk-free and also budget friendly circulation of marijuana to all patients in clinical need of cannabis.""

The Los Angeles District Attorney, Steve Cooley, had State as well as Federal police officer raid a clinical cannabis collective as well as apprehension at least 3 people, the week prior to Christmas. He firmly insists ""all sales are unlawful"". This appears to be versus the letter as well as spirit of the legislation, not the reference the spirit of the period.

Additionally if all ""sales"" are illegal, why does the Compassionate-Use Act claim ""economical""? If the clients are monetarily responsible for cannabis, how does Cooley expect the currency to be exchanged? What's wrong with step-by-step reimbursements?

CLINICAL CANNABIS PROGRAM OF 2004

The Medical Cannabis Program (MMP) came into law in 2004 through the legislative approval of Senate Bill 420. It was the state's effort ""to carry out a plan for the safe and budget-friendly circulation of cannabis to all people in medical need of marijuana,"" as the Compassionate-Use Act of 1996 (Prop 215) encourages the State and also Federal government to do.

The MMP improves access to medical marijuana for professional people by accepting collectives as well as cooperatives.

""( 3) Enhance the accessibility of patients and also caregivers to medical cannabis via collective, participating growing jobs.""

What Steve Cooley does not appear to recognize is non-profit store Medical Marijuana Giving Collectives/Cooperatives are the distribution element of ""cultivation projects"". Just like a collective cultivation farm would not have consumers involve the farm to get their tomatoes, they would have to obtain their collective tomatoes at a farmer's market or circulation place-- that's just how medical cannabis collective farmings happen. Expanded in one location for security and other reasons, after that distributed at another place.

The MMP takes place to talk about all the criminal laws that cbdforsalenearme.com certified people and primary caretakers are exempt from. In area 11362.765, it states: ""will not be subject, on that sole basis, to criminal obligation under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Allow's look at each of this one by one:

11357: [property],

11358: [growing],

11359: [possession for sale],

11360: ["" transports, imports right into this state, offers, equips, provides, or distributes""- or supplies to or tries to do any one of those],

11366: [Every person who opens or maintains any type of location for the objective of illegally offering, distributing, or using any type of controlled substance] 11366.5 [Taking care of an area for manufacture, storage space and/or the circulation of a controlled substance] 11570 [Every building or area made use of for the function of unjustifiably offering, offering, storing, maintaining, producing, or distributing any type of illegal drug, precursor, or analog specified in this department, as well as every structure or area wherein or whereupon those acts take place, is a nuisance which shall be enjoined, mellowed out, and avoided, and for which problems might be recouped, whether it is a public or exclusive annoyance.]

The Health And Wellness Code area 11360 especially claims ""markets"". Not just that, however it likewise claims: ""hands out"" and also ""furnishes"". Exactly how come the LA District Attorney's workplace states ""all sales are unlawful"" as well as non-profit store front clinical cannabis dispensing collectives/cooperatives are outlawed?

Because same costs,

"" 11362.775. Qualified individuals, persons with legitimate recognition cards, and the marked key caretakers of qualified patients and also individuals with identification cards, that associate within the State of The golden state in order jointly or cooperatively to grow marijuana for medical objectives, will not entirely on the basis of that fact undergo state criminal assents under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Once again, it says that people can jointly cultivate marijuana and also distribute it among themselves for charitable. Once more, the distribution of clinical cannabis is different from the growing similar to the manufacturing of my Vicodin lies separately from my pharmacy.

The Medical Marijuana Act also contacts the State Attorney General to offer guidelines connected to medical cannabis:

"" The expense would call for the Chief law officer to develop and also adopt guidelines to make certain the safety and security and also non-diversion of cannabis expanded for medical usage, as defined.""

Which specifically what State Attorney General, Jerry Brown did in the late summertime of 2008

GUIDELINES FOR THE SECURITY AND ALSO NON-DIVERSION OF CANNABIS GROWN FOR MEDICAL USE August 2008.

To fulfill his required, the State Attorney General launches these guidelines to help police do their jobs according to State regulation as well as to assist people understand those regulations.

The guidelines specify non-profit shop Medical Cannabis Dispensing Collectives and Cooperatives could be lawful under state regulation if they adhered to the standards as well as the above laws.

"" It is the viewpoint of this Office that an effectively organized and run cumulative or participating that gives medical cannabis through a storefront might be authorized under California law""

The State Attorney General confirms what the law claims. The Attorney general of the United States is the highest-ranking lawful staff member of the State of The golden state. His workplace additionally replied to the problems raised in Los Angeles by the City Lawyer's workplace.

According to the New York Times on October 17: Christine Gaspar, a spokeswoman for State Chief law officer Jerry Brown, claimed that after Mr. Trutanich's comments in Los Angeles, police authorities as well as supporters from around the state had called seeking quality on clinical marijuana legislations.

Mr. Brown has issued legal standards that permit not-for-profit sales of medical marijuana, she claimed. But, she included, with legislations being translated differently, ""the final response will ultimately originate from the courts.""

So what do the courts say?

INDIVIDUALS v. MENTCH

The District Attorney's workplace would certainly have you believe that the Mentch choice hooligans non-profit store Medical Cannabis Dispensing Collectives/Cooperatives and makes ""all sales prohibited"" but that choice has to do with the definition of ""main caregiver"" not sales.

Mentch had 82 cannabis plants growing in his home and also he marketed the medication to 5 people that came to his home with the primary objective of getting marijuana. The majority of the plants in Mentch's house belonged to him as he indicated. Their procedures were not a collective or a cooperative nor a shop. Mentch owned Hemporium, for-profit caregiving, as well as working as a consultant service, not a non-profit cumulative or a cooperative.

Based on the proof the courts wrapped up that Mentch's operation was largely a for-profit industrial venture and that he was not a primary caregiver for those he provided medical cannabis to from his home business. I've written about this comprehensive right here.

So there you have what the courts state, what the State Lawyer says, as well as what the regulations state; all confirm non-profit store front dispensing of medical cannabis can be lawful under State law.

Now the Los Angeles District Attorney have to obey the regulation and the will of the people and stop wasting time as well as resources to harm clinical cannabis people specifically just before Xmas. Especially when there are over 7,000 untested rape packages that the District Attorney claims to not have the sources to take care of."

#CBD #cannabis #cannabidiol

0 notes

shanepmoy085 · 5 years

Text

Marijuana in Ancient China

"Exactly how can we account for what is possibly among one of the most remarkable lawful variations in clinical cannabis to day? The problem of non-profit ""sale"" of clinical cannabis to qualified individuals through collectives and cooperatives. There's nothing else like this conflict. What do the professionals say regarding this anyhow?

Steve Cooley, The Los Angeles District Attorney, differs with Jerry Brown, the California State Attorney General.

How could 2 prominent state-employed attorneys concern completely various verdicts on the solution? Initially, the Los Angeles District Attorney claims ""all sales are prohibited"". The The Golden State State Attorney general of the United States was sure sufficient to write in his standards that ""shop collectives may be legal under state legislation"". How could this be? Besides, each lawyer is taking a look at the very same point, right?

So what is the answer? What does the regulation say?

COMPASSIONATE-USE ACT 1996

Proposition 215 was approved by a bulk of Californians in 1996 as well as it became known as the Compassionate-Use Act. The statute itself does not state anything about ""sales"" however it does talk about ""belongings"", ""growing"", obtaining medical cannabis, about cost as well as ""distribution"".

It does say that professional clients and also their key caretakers will not be a sufferer of criminal concerns:

""( B) To make sure that individuals and also their primary caretakers who obtain and also use marijuana for clinical purposes upon the suggestion of a doctor are exempt to prosecution or sanction.""

And also it likewise presses governments to assist make sure ""risk-free and also affordable access"" to clinical cannabis for ""all certified clients"".

""( C) To encourage the government as well as state federal governments to apply a plan for the safe and budget-friendly circulation of cannabis to all people in medical requirement of cannabis.""

The Los Angeles District Attorney, Steve Cooley, had State and also Federal police officer plunder a clinical marijuana collective as well as apprehension at the very least 3 individuals, the week before Christmas. He insists ""all sales are unlawful"". This seems to be against cbd oil sold near me the letter as well as spirit of the regulation, not the reference the spirit of the period.

Additionally if all ""sales"" are prohibited, why does the Compassionate-Use Act claim ""budget friendly""? If the individuals are monetarily in charge of marijuana, just how does Cooley anticipate the money to be exchanged? What's wrong with step-by-step reimbursements?

MEDICAL CANNABIS PROGRAM OF 2004

The Medical Marijuana Program (MMP) entered regulation in 2004 through the legal authorization of Us senate Expense 420. It was the state's effort ""to implement a prepare for the risk-free and cost effective circulation of marijuana to all clients in clinical need of cannabis,"" as the Compassionate-Use Act of 1996 (Prop 215) urges the State and also Federal government to do.

The MMP improves accessibility to clinical cannabis for qualified clients by authorizing collectives and cooperatives.

""( 3) Enhance the access of people and caregivers to clinical cannabis via collective, cooperative cultivation tasks.""

What Steve Cooley doesn't appear to recognize is charitable store front Medical Marijuana Dispensing Collectives/Cooperatives are the distribution facet of ""cultivation tasks"". Similar to a collective cultivation ranch would not have customers concern the ranch to get their tomatoes, they would need to obtain their cumulative tomatoes at a farmer's market or distribution place-- that's just how medical marijuana collective farmings happen. Expanded in one area for safety and security and various other factors, then dispersed at another place.

The MMP goes on to talk about all the criminal statutes that qualified individuals and primary caretakers are exempt from. In area 11362.765, it claims: ""shall not be subject, on that particular single basis, to criminal obligation under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Let's take a look at each of this one at a time:

11357: [property],

11358: [cultivation],

11359: [belongings offer for sale],

11360: ["" transports, imports into this state, sells, equips, administers, or hands out""- or offers to or attempts to do any of those],

11366: [Every person who opens up or preserves any location for the purpose of unlawfully marketing, distributing, or making use of any controlled substance] 11366.5 [Managing a location for manufacture, storage and/or the distribution of a controlled substance] 11570 [Every building or location made use of for the objective of illegally selling, serving, storing, keeping, manufacturing, or distributing any kind of abused substance, forerunner, or analog defined in this department, as well as every structure or area in which or whereupon those acts happen, is a nuisance which shall be enjoined, abated, as well as protected against, and also for which damages may be recouped, whether it is a public or exclusive problem.]

The Health And Wellness Code area 11360 specifically says ""sells"". Not just that, but it also says: ""gives away"" and ""equips"". How come the LA District Attorney's office states ""all sales are unlawful"" as well as charitable storefront medical cannabis dispensing collectives/cooperatives are prohibited?

In that very same costs,

"" 11362.775. Qualified individuals, persons with legitimate recognition cards, and the designated main caretakers of qualified clients and individuals with identification cards, that link within the State of The golden state in order jointly or cooperatively to cultivate marijuana for medical functions, shall not exclusively on the basis of that undergo state criminal permissions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Once again, it says that people can collectively grow cannabis and also disperse it amongst themselves for charitable. Again, the circulation of clinical marijuana is separate from the cultivation much like the manufacturing of my Vicodin lies individually from my pharmacy.

The Medical Cannabis Act likewise calls on the State Attorney general of the United States to supply guidelines related to clinical cannabis:

"" The bill would call for the Attorney General to develop and also embrace standards to ensure the protection and non-diversion of cannabis grown for medical use, as specified.""

Which precisely what State Attorney General, Jerry Brown did in the late summer of 2008

GUIDELINES FOR THE SAFETY AND ALSO NON-DIVERSION OF CANNABIS GROWN FOR MEDICAL USAGE August 2008.

To accomplish his mandate, the State Chief law officer releases these guidelines to aid law enforcement do their work according to State legislation and also to help patients comprehend those legislations.

The standards specify non-profit storefront Medical Marijuana Dispensing Collectives as well as Cooperatives could be legal under state law if they followed the guidelines and also the above legislations.

"" It is the point of view of this Workplace that a correctly arranged as well as run cumulative or cooperative that dispenses clinical cannabis via a store may be authorized under California regulation""

The State Attorney General confirms what the legislation says. The Attorney general of the United States is the highest-ranking legal worker of the State of California. His workplace also responded to the problems increased in Los Angeles by the City Attorney's workplace.

According to the New York Times on October 17: Christine Gaspar, a spokesperson for State Chief law officer Jerry Brown, stated that after Mr. Trutanich's remarks in Los Angeles, police officials and supporters from around the state had called looking for quality on clinical marijuana legislations.

Mr. Brown has released legal guidelines that allow for not-for-profit sales of clinical marijuana, she said. But, she included, with legislations being interpreted in different ways, ""the final response will ultimately originate from the courts.""

So what do the courts say?

INDIVIDUALS v. MENTCH

The District Attorney's office would certainly have you believe that the Mentch choice outlaws non-profit storefront Medical Marijuana Giving Collectives/Cooperatives and makes ""all sales unlawful"" yet that choice has to do with the definition of ""primary caretaker"" not sales.

youtube

Mentch had 82 marijuana plants growing in his residence as well as he sold the medication to 5 people that came to his home with the main function of acquiring marijuana. Most of the plants in Mentch's home belonged to him as he testified. Their procedures were not a cumulative or a cooperative nor a storefront. Mentch possessed Hemporium, for-profit caregiving, and also working as a consultant business, not a charitable cumulative or a participating.

Based upon the proof the courts concluded that Mentch's procedure was mainly a for-profit industrial venture and that he was not a primary caregiver for those he provided clinical marijuana to from his home based business. I have actually discussed this comprehensive here.

So there you have what the courts state, what the State Lawyer states, and also what the legislations state; all confirm charitable storefront dispensing of medical marijuana can be legal under State legislation.

Currently the Los Angeles District Attorney have to obey the law and also the will of the people and also quit wasting time and also resources to hurt clinical cannabis clients particularly just before Christmas. Particularly when there are over 7,000 untried rape packages that the District Attorney claims to not have the resources to handle."

#CBD #cannabis #cannabidiol

0 notes

kamerondcnb023 · 5 years

Text

The Discussion Over Medical Marijuana is Still Smoking

"Just how can we represent what is perhaps one of one of the most remarkable lawful disparities in clinical marijuana to day? The problem of non-profit ""sale"" of medical marijuana to qualified people using collectives and also cooperatives. There's absolutely nothing else similar to this dispute. What do the specialists claim concerning this anyhow?

Steve Cooley, The Los Angeles District Attorney, differs with Jerry Brown, the California State Chief Law Officer.

youtube

Just how could 2 prominent state-employed lawyers involve completely different conclusions on the solution? Initially, the Los Angeles District Attorney claims ""all sales are prohibited"". The The Golden State State Attorney General made sure sufficient to write in his guidelines that ""store front collectives may be lawful under state law"". Exactly how could this be? Besides, each lawyer is checking out the same point, right?

So what is the response? What does the regulation say?

COMPASSIONATE-USE ACT 1996

Proposal 215 was accepted by a majority of Californians in 1996 and it ended up being called the Compassionate-Use Act. The law itself does not say anything regarding ""sales"" yet it does discuss ""ownership"", ""growing"", getting clinical marijuana, concerning cost as well as ""distribution"".

It does say that qualified clients and their key caregivers will not be a sufferer of criminal issues:

""( B) To make certain that individuals and also their primary caretakers that acquire as well as make use of cannabis for clinical functions upon the recommendation of a physician are exempt to criminal prosecution or permission.""

And also it likewise pushes federal governments to help guarantee ""safe as well as affordable gain access to"" to medical cannabis for ""all qualified patients"".

""( C) To motivate the federal and state federal governments to implement a prepare for the risk-free and inexpensive distribution of marijuana to all patients in clinical demand of cannabis.""

The Los Angeles District Attorney, Steve Cooley, had State and Federal police officer invade a medical cannabis collective and also arrest at least 3 people, the week before Xmas. He urges ""all sales are unlawful"". This seems to be against the letter and spirit of the legislation, not the mention the spirit of the season.

Also if all ""sales"" are illegal, why does the Compassionate-Use Act state ""economical""? If the patients are financially in charge of cannabis, just how does Cooley expect the currency to be exchanged? What's wrong with incremental repayments?

CLINICAL CANNABIS PROGRAM OF 2004

The Medical Marijuana Program (MMP) entered into law in 2004 via the legislative approval of Us senate Bill 420. It was the state's effort ""to implement a prepare for the risk-free and affordable distribution of cannabis to all individuals in clinical requirement of marijuana,"" as the Compassionate-Use Act of 1996 (Prop 215) encourages the State as well as Federal government to do.

The MMP improves accessibility to clinical cannabis for qualified clients by approving collectives as well as cooperatives.

""( 3) Enhance the gain access to of clients as well as caregivers to medical cannabis via collective, cooperative cultivation jobs.""

What Steve Cooley does not seem to understand is non-profit store front Medical Cannabis Dispensing Collectives/Cooperatives are the circulation element of ""cultivation tasks"". Much like a cumulative farming ranch would not have consumers involve the ranch to obtain their tomatoes, they would certainly need to obtain their collective tomatoes at a farmer's market or circulation place-- that's just how clinical trials and research near grass valley medical marijuana cumulative cultivations take place. Grown in one area for safety and also various other factors, then dispersed at another place.

The MMP goes on to speak about all the criminal laws that qualified individuals as well as main caretakers are exempt from. In area 11362.765, it says: ""shall not be subject, on that single basis, to criminal liability under Area 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Allow's take a look at each of this one by one:

11357: [belongings],

11358: [farming],

11359: [property to buy],

11360: ["" transportations, imports into this state, sells, furnishes, carries out, or distributes""- or provides to or attempts to do any of those],

11366: [Every person that opens or keeps any kind of location for the function of illegally offering, distributing, or using any kind of controlled substance] 11366.5 [Handling an area for manufacture, storage space and/or the circulation of an illegal drug] 11570 [Every structure or place used for the function of unlawfully offering, serving, saving, keeping, making, or handing out any kind of dangerous drug, precursor, or analog defined in this department, and every building or location where or whereupon those acts occur, is a hassle which shall be urged, abated, as well as prevented, and also for which damages might be recovered, whether it is a public or exclusive annoyance.]

The Health and Safety Code section 11360 specifically states ""markets"". Not just that, however it also says: ""distributes"" and ""provides"". How come the LA District Attorney's workplace says ""all sales are illegal"" as well as non-profit storefront medical marijuana dispensing collectives/cooperatives are prohibited?

Because exact same costs,

"" 11362.775. Qualified patients, individuals with legitimate identification cards, as well as the designated key caretakers of competent individuals and also persons with recognition cards, who connect within the State of California in order jointly or cooperatively to cultivate cannabis for medical objectives, will not solely on the basis of that fact undergo state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Again, it claims that individuals can collectively grow marijuana and distribute it amongst themselves for charitable. Once more, the circulation of medical cannabis is different from the growing similar to the production of my Vicodin is located individually from my pharmacy.

The Medical Marijuana Act likewise contacts the State Attorney General to provide standards related to medical marijuana:

"" The costs would call for the Chief law officer to create and also take on standards to guarantee the safety and security and also non-diversion of marijuana grown for medical use, as defined.""

And that precisely what State Attorney General, Jerry Brown did in the late summertime of 2008

GUIDELINES FOR THE SAFETY AND ALSO NON-DIVERSION OF CANNABIS GROWN FOR MEDICAL USE August 2008.

To satisfy his mandate, the State Chief law officer launches these standards to help police do their jobs according to State legislation as well as to aid individuals comprehend those regulations.

The standards state charitable storefront Medical Marijuana Dispensing Collectives and also Cooperatives could be lawful under state law if they followed the guidelines as well as the above legislations.

"" It is the opinion of this Office that an appropriately arranged and also run cumulative or participating that dispenses clinical cannabis with a shop might be legal under California regulation""

The State Attorney general of the United States confirms what the regulation says. The Attorney General is the highest-ranking lawful employee of the State of The golden state. His workplace also responded to the issues raised in Los Angeles by the City Lawyer's workplace.

According to the New York Times on October 17: Christine Gaspar, a spokesperson for State Attorney General Jerry Brown, claimed that after Mr. Trutanich's remarks in Los Angeles, police authorities and also advocates from around the state had actually called looking for quality on medical marijuana legislations.

Mr. Brown has actually issued lawful guidelines that enable nonprofit sales of clinical marijuana, she claimed. However, she added, with laws being interpreted in different ways, ""the final response will eventually originate from the courts.""

So what do the courts say?

PEOPLE v. MENTCH

The District Attorney's workplace would certainly have you think that the Mentch decision criminals charitable shop Medical Marijuana Dispensing Collectives/Cooperatives and also makes ""all sales prohibited"" but that choice concerns the definition of ""key caregiver"" not sales.

Mentch had 82 cannabis plants growing in his house as well as he sold the medicine to 5 people who involved his residence with the key function of acquiring cannabis. Most of the plants in Mentch's home came from him as he indicated. Their operations were not a cumulative or a cooperative nor a store front. Mentch possessed Hemporium, for-profit caregiving, and working as a consultant business, not a charitable collective or a cooperative.

Based on the evidence the courts wrapped up that Mentch's operation was mostly a for-profit industrial endeavor which he was not a key caregiver for those he supplied medical cannabis to from his home based business. I've written about this extensive right here.

So there you have what the courts say, what the State Lawyer claims, and what the laws say; all validate non-profit store dispensing of clinical cannabis can be legal under State law.

Currently the Los Angeles District Attorney must follow the legislation as well as the will of individuals as well as quit wasting time as well as resources to injure clinical cannabis clients particularly prior to Christmas. Especially when there more than 7,000 untested rape sets that the District Attorney claims to not have the sources to take care of."

#CBD #cannabis #cannabidiol

0 notes

collinovuv975 · 5 years

Text

Marijuana Laws Up In Smoke

"How can we account for what's perhaps probably the most dramatic legal disparities in medical cannabis thus far? The issue of non-profit ""sale"" of medical cannabis to qualified patients via collectives and cooperatives. There's nothing else this way dispute. What do experts say about this anyway?

Steve Cooley, The Los Angeles District Attorney, disagrees with Jerry Brown, the California State Attorney General.

How could two prominent state-employed attorneys arrive at wholly different conclusions about the answer? First the Los Angeles District Attorney claims ""all sales are illegal"". The California State Attorney General was sure enough to write down as part of his guidelines that ""storefront collectives may be legal under state regulations"". How could this be? After all, each attorney is looking in the same thing, right?

So what is the answer? What does regulations say?

COMPASSIONATE-USE ACT 1996

Proposition 215 that has been approved by the most of Californians in 1996 and it became referred to as the Compassionate-Use Act. The statute itself does not say anything about ""sales"" however it does mention ""possession"", ""cultivating"", obtaining medical cannabis, about affordability and ""distribution"".

It does say that qualified patients as well as their primary caregivers won't be victim to criminal issues:

""(B) To ensure that patients in addition to their primary caregivers who obtain and employ marijuana for medical purposes upon the recommendations of your physician are not susceptible to criminal prosecution or sanction.""

And in addition, it pushes governments to aid ensure ""safe and affordable access"" to medical cannabis for ""all qualified patients"".

""(C) To encourage the federal and state governments to implement a plan for that safe and affordable distribution of marijuana to any or all patients in medical demand for marijuana.""

The Los Angeles District Attorney, Steve Cooley, had State and Federal law enforcement officials agents raid a medical cannabis collective and arrest at the very least 3 people, the week before Christmas. He insists ""all sales are illegal"". This appears to be against the letter and spirit of legislation, not the mention the spirit with the season.

MEDICAL MARIJUANA PROGRAM OF 2004

The Medical Marijuana Program (MMP) got into law in 2004 over the legislative approval of Senate Bill 420. It was the state's attempt ""to implement a strategy to the safe and affordable distribution of marijuana to any or all patients in medical need of marijuana,"" as the Compassionate-Use Act of 1996 (Prop 215) encourages the State and Federal government to do.

The MMP improves entry to medical cannabis for qualified patients by approving collectives and cooperatives.

""(3) Enhance the access of patients and caregivers to medicinal marijuana through collective, cooperative cultivation projects.""

What Steve Cooley doesn't seem to understand is non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives include the distribution element of ""cultivation projects"". Just like a collective cultivation farm wouldn't have customers come to the farm to have their tomatoes, they will have to get their collective tomatoes at the farmer's market or distribution location-- that's how medical cannabis collective cultivations occur. Grown in a place for safety and also other reasons, then distributed at another location.

The MMP goes on to talk about all the criminal statutes that qualified patients and primary caregivers are exempt from. In section 11362.765, it says: ""shall 't be subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Let's take a look at each one of these one by one:

11357: [possession],

11358: [cultivation],

11359: [possession for sale],

11360: [""transports, imports into this state, sells, furnishes, administers, or gives away""- or purports to or attempts to complete any of those],

11366: [Every one who opens or maintains anywhere for the function of unlawfully selling, offering, or using any controlled substance]

11366.5 [Managing an area for manufacture, storage and/or the distribution of a controlled substance]

11570 [Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or offering any controlled substance, precursor, or analog specified by this division, and every building or place wherein or on which those acts come about, is really a nuisance which shall be enjoined, abated, and prevented, as well as which damages may be recovered, whether it can be a public or private nuisance.]

In that same bill,

""11362.775. Qualified patients, persons with valid identification cards, and also the designated primary caregivers of qualified patients and persons with identification cards, who associate inside State of California so as collectively or cooperatively to grow marijuana for medical purposes, shall not solely for the basis of that fact be be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.""

Again, it says that patients can collectively cultivate cannabis and distribute it amongst themselves for non-profit. Again, the distribution of medical cannabis is outside of the cultivation similar to the manufacturing of my vicodin is found separate from my pharmacy.

The Medical Marijuana Act also calls about the non medication depression treatment san carlos State Attorney General to provide guidelines linked to medical cannabis:

""The bill would require Attorney General to formulate and adopt guidelines to be sure the security and non-diversion of marijuana grown for medical use, as specified.""

And that just what State Attorney General, Jerry Brown did in the late summer of 2008.

GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE August 2008

To fulfill his mandate, the State Attorney General release these tips to help you law enforcements do their jobs in accordance with State law and to help you patients understand those laws.

The guidelines state non-profit storefront Medical Cannabis Dispensing Collectives and Cooperatives may be legal under state law whenever they followed the principles and also the above laws.

""It may be the opinion on this Office that a properly organized and operated collective or cooperative that dispenses medicinal marijuana via a storefront might be lawful under California law""

The State Attorney General confirms what what the law states says. The Attorney General could be the highest-ranking legal employee of the State of California. His office also responded to the issues raised in Los Angeles by City Attorney's office.

According to the New York Times on October 17: Christine Gasparac, a spokeswoman for State Attorney General Jerry Brown, declared after Mr. Trutanich's comments in Los Angeles, law enforcement officials and advocates from throughout the state had called seeking clarity on medicinal marijuana laws.

Mr. Brown has issued regulations which facilitate nonprofit sales of medical marijuana, she said. But, she added, with laws being interpreted differently, ""the final answer will ultimately come from the courts.""

So what do the courts say?

PEOPLE v. MENTCH

The District Attorney's office would have you believe the Mentch decision outlaws non-profit storefront Medical Cannabis Dispensing Collectives/Cooperatives and makes ""all sales illegal"" but that decision has to accomplish using the definition of ""primary caregiver"" not sales.

Mentch had 82 marijuana plants growing in their home and that he sold the medicine to individuals who stumbled on his home with all the primary purpose of buying cannabis. The tastes the plants in Mentch's home belonged to him as they testified. Their operations wasn't a collective or perhaps a cooperative nor a store. Mentch owned Hemporium, a for-profit care giving and consultancy business, not really a non-profit collective or possibly a cooperative.

Based off the evidence the courts figured Mentch's operation was primarily a for-profit commercial venture and the man had not been a primary caregiver for anyone he supplied medical cannabis to from his home-based business. I've written concerning this in depth here.

So there you have what are the courts say, just what the State Attorney says, and what the laws say; all confirm non-profit storefront dispensing of medical cannabis can be legal under State law.

Now the Los Angeles District Attorney must obey what the law states as well as the will with the people and stop wasting time and resources to hurt medical cannabis patients especially right before Christmas. Especially when there are over 7,000 untested rape kits how the District Attorney statements to not have the resources to take care of.

youtube

#CBD #cannabis #cannabidiol

0 notes