Purple Elephant says: Transfering clones between patient to patient is highly illegal

[Leonard NeemOil]

An official representative of Purple Elephant 'Collective' made the following statement:

Transfering clones between patient to patient is highly illegal. It is only legal to purchase medical cannabis from a properly organized collective or cooperative. SB420 clearly states this

What are your thoughts?

 

[Leonard NeemOil]

That's curious that they use the term 'purchase' implying sales, instead of donation.

Pretty much admitting sales, which oddly enough IS expressly forbidden by SB 420.

1362.765. (a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall not be subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570. However, nothing in this section shall authorize the individual to smoke or otherwise consume marijuana unless otherwise authorized by this article, nor shall anything in this section authorize any individual or group to cultivate or distribute marijuana for profit.

 

[kerlito]

Transfering clones between patient to patient is highly illegal.


why?

 

[Green Supreme]

Cus they make no coin that way lol. Peace GS

 

[Hydro-Soil]

Cus they make no coin that way lol. Peace GS

And that's the only reason.


Any time you see something that's completely whacked and it makes you say WTF? Follow the money. If you dig deep enough... you'll reach the AHA! But then you'll just be upset at the level of corruption. *sigh*

Educate Yourself! Then Educate Your Neighbor! (But don't form a human rights group or you'll go on the Terrorist Watch List)

Stay Safe!

 

[Norkali]

And to think I was going to actually go out of my way to check these guys out....

 

[Yes4Prop215]

PE has a really good high grade selection but i guess they moved outta alameda so i havent visited them since. they had some bomb strawberry deisel that had all of us going back for more...a trip to the elephant was always like a kid going into a candy store so many delicious strains makes your mouth water..

 

[yardclippings]

I have been to the new PE location and they have excellent meds. I dont think they even carry clones so I dont know why they would have told this guy this.. Probably some misunderstanding because he says purchase/transfer in the same statement.... My thoughts are this guy who posted this is dumb and forgot what the budtender said or is just trying to bash this club...

Anyways I like the new PE location (never went to the old one) and they always have a great selection of high grade, special strain meds; and they are nice and friendly.


please provide more information to validate your post leonard because sounds like your full of crap

 

[uglybunny]

please provide more information to validate your post leonard because sounds like your full of crap

Why does he sound like he's full of crap? He cited SB420 to backup his statements. What the rep of PE said, is plain wrong. Any group of patients can be a "collective" and there is no formal way to register as a "collective" because there is no legal business entity called a collective. Only cooperative corporations exist, and we know that patients don't necessarily need to form these in order to operate collectively because plenty of collective gardens operate without formal incorporation.

From: http://www.safeaccessnow.org/article.php?id=5584

Does a collective have to be a nonprofit organization?

California Health and Safety Code Section 11362.765(a) says that nothing in the law authorizes the cultivation of medical cannabis for profit. This statue does not mandate the establishment of a statutory nonprofit corporation as described in California Corporations Code Section 5000, et seq. However, operators may choose to organize a medical cannabis collective as a California nonprofit corporation, as discussed in greater detail below.

Regardless of the organizational structure, a medical cannabis collective should operate in a "not-for-profit" manner. Not-for-profit operation describes the behavior of a business or association that is not operated for a commercial purpose, or to generate profits for its owners. Any business, regardless of its formal structure, can operate in a not-for-profit fashion by reinvesting excess revenue (after salaries and other overhead) in services for members, advocacy for patients' rights, or other noncommercial activity.

The term not-for-profit is sometimes confused with the term nonprofit. A nonprofit corporation is a specific statutory entity organized under California Corporation Code Section 5000, et seq., to carry on a non-commercial activity. Nonprofit corporations include churches, schools, some hospitals, social clubs, and service organizations. Some nonprofits are exempt from federal and state taxes because they do educational, religious, or charitable work. The Internal Revenue Service will not recognize providing medical cannabis as a tax-exempt activity, and state tax-exemption is contingent on federal approval. Therefore, a medical cannabis collective organized as a nonprofit corporation will report and pay tax like a traditional C-Corporation. It is important to remember, however, that a corporation is still a legitimate nonprofit organization under California law, even without tax-exempt status.

Many collective operators choose to incorporate their collectives as California Nonprofit Mutual Benefit Corporations, as described under California Corporations Code 7110, et seq. Doing so gives the collective a bona fide nonprofit identity, something that resonates with elected officials, law enforcement, media, and neighbors. This is a sensible choice for most operators, and increasingly the norm for new facilities.

 

[stickey fingers]

ask them if they are dea,federaly approved RIP DR JAY

 

[yardclippings]

Why does he sound like he's full of crap? He cited SB420 to backup his statements. What the rep of PE said, is plain wrong.

I just dont think the rep actually said this... Or he wrote and remembered it wrong.

Was this an exact verbatim of what the rep said?
Why would he say this if they dont even sell clones?
In what context was this "statement" said?
Is he talking about "clones" or "medical cannabis"? (or are they considered the same thing?)

Thats what I mean by validating his post.

Anyone who has been to PE knows they are one of the best in the sbay to get medicine if you cant grow. But regardless of how I feel about them, I can't see a rep saying this is all.


"Transfering clones between patient to patient is highly illegal. It is only legal to purchase medical cannabis from a properly organized collective or cooperative. SB420 clearly states this."

 

[uglybunny]

I see your point now yardclippings, I was a bit high the first time I read the OP's post and thought it was more directed as a legal question than a sleight on the club's reputation.

 

[Leonard NeemOil]

I just dont think the rep actually said this... Or he wrote and remembered it wrong.

Was this an exact verbatim of what the rep said?
Why would he say this if they dont even sell clones?
In what context was this "statement" said?
Is he talking about "clones" or "medical cannabis"? (or are they considered the same thing?)

Thats what I mean by validating his post.

Anyone who has been to PE knows they are one of the best in the sbay to get medicine if you cant grow. But regardless of how I feel about them, I can't see a rep saying this is all.


"Transfering clones between patient to patient is highly illegal. It is only legal to purchase medical cannabis from a properly organized collective or cooperative. SB420 clearly states this."

These sites are weird about links, so I won't post one, but if you go to Weedtracker and go to the 'Northern California Collective Chat' forum it is there for all the world to see in the thread 'Clones Availables directly from patiants in northern california?'(sic)

.

The statement I posted is a direct cut and paste, straight from the elephants mouth.

I expect a full apology after you confirm this for yourself.

 

[Leonard NeemOil]

Re: Clones Availables directly from patiants in northern california?
Quote:
Originally Posted by chrondon1989 View Post
thanx i wanna see what everyone thinks about this lets keep the replies up!
03-09-2010, 07:52 AM #6 (permalink)
Purple Elephant Collective
WT Regular

Purple Elephant Collective's Avatar

Join Date: Sep 2008
Location: San Jose

Co-Op: YES
Vendor: NO
Patient: YES



Transfering clones between patient to patient is highly illegal. It is only legal to purchase medical cannabis from a properly organized collective or cooperative. SB420 clearly states this.

Purple Elephant Collective says..I work for Purple Elephant Cooperative

 

[trybud]

Fuck them and their spouting off bad info. Greedy clubs is whats wrong with the MMJ system in Cali.

 

[Mitt Romulan]

I have been to the new PE location and they have excellent meds. I dont think they even carry clones so I dont know why they would have told this guy this.. Probably some misunderstanding because he says purchase/transfer in the same statement.... My thoughts are this guy who posted this is dumb and forgot what the budtender said or is just trying to bash this club...

Anyways I like the new PE location (never went to the old one) and they always have a great selection of high grade, special strain meds; and they are nice and friendly.


please provide more information to validate your post leonard because sounds like your full of crap

he quoted purple elephant. I cant find the thread but it is on weedtracker somewhere and yes purple elephant did respond to the thread saying that.

 

[GrouchyOldDude]

It's taken out of context, PE is just answering a question and not making a statement of their own.

Clones Availables directly from patiants in northern california?
So there's this problem coming up in northern California were the cities are making it hard for patients to have access to clones and mothers by putting a ban on having them available in store front collectives. I figure why couldnt we start a thread to see where and who has all the top strains in northern california. Why cant we make this happen?

Re: Clones Availables directly from patiants in northern california?
thanx i wanna see what everyone thinks about this lets keep the replies up!

Re: Clones Availables directly from patiants in northern california?
Transfering clones between patient to patient is highly illegal. It is only legal to purchase medical cannabis from a properly organized collective or cooperative. SB420 clearly states this.

 

[humble1]

Good thing SB420 limits were struck down.
Thanks for the context Grouchy

 

[uglybunny]

I still disagree that transferring clones between patients is illegal, but I'm not a lawyer so take what I say with a grain of salt.

 

[bdmurder]

And to think I was going to actually go out of my way to check these guys out....

I checked them out and they are so far heads and tails above all the other clubs i've been to in the bay it's not even funny. They have such good dank at such good prices i was pissed off when i got such a good deal cause i realized every club i went to before them had ripped me off.

Also I'd like to confirm what someone else said and tell you PE does not even sell clones from their new location, I believe the only two places in the state you can legally buy clones anymore are SF and Oakland.