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Old 03-13-2010, 05:00 PM #1
Leonard NeemOil
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Transfering clones between patient to patient is highly illegal...

...or so says an official representative of Purple Elephant 'Collective'.

Here is the complete (inaccurate) statement:
Quote:
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.
Of course, SB 420 states no such thing. Anyone else getting sick of these self-appointed 'co-ops' and 'collectives' spreading disinfo to confuse and take advantage of patients?

11362.765. (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.

(b) Subdivision (a) shall apply to all of the following:

(1) A qualified patient or a person with an identification card who transports or processes marijuana for his or her own personal medical use.

(2) A designated primary caregiver who transports, processes, administers, delivers, or gives away marijuana for medical purposes, in amounts not exceeding those established in subdivision (a) of Section 11362.77, only to the qualified patient of the primary caregiver, or to the person with an identification card who has designated the individual as a primary caregiver.

(3) Any individual who provides assistance to a qualified patient or a person with an identification card, or his or her designated primary caregiver, in administering medical marijuana to the qualified patient or person or acquiring the skills necessary to cultivate or administer marijuana for medical purposes to the qualified patient or person.

(c) A primary caregiver who receives compensation for actual expenses, including reasonable compensation incurred for services provided to an eligible qualified patient or person with an identification card to enable that person to use marijuana under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, shall not, on the sole basis of that fact, be subject to prosecution or punishment under Section 11359 or 1136

Quote:
Becoming a Legal Caregiver
Health and Safety Code 11362.5, the California medical marijuana law, protects patients and their primary caregivers from prosecution for marijuana law violations. By state law, a designated caregiver is allowed to possess, manufacture, and provide marijuana, in all its varieties and forms, for the patient in his/her care. The caregiver is not allowed to use this marijuana for his/her personal use, nor can s/he provide this medicine to non-qualified patients.

There is no official registration system to become a caregiver for a medical marijuana patient, so it is a good idea to draft an agreement yourselves. This can be an oral or written agreement in which the patient designates you as his/her "primary caregiver." At this time, you should discuss the needs of your patient, related to both medical marijuana and other care, decide a plan of action, and then get to work.

The role of caregiver is more clearly defined in the law's text as an "individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person." While this definition is quite broad, it is clearly intended that legal caregivers should assist patients in matters of personal health and well-being, which include, but reach beyond, assisting with the provision of medical marijuana.

This assistance could include consistently growing, transporting, and otherwise obtaining medical marijuana for patients(including clones), helping patients get to health care appointments, shopping for food and personal care items for home-bound patients, arranging safe housing, helping with rental applications, or assisting with a move, organizing social outings and special events, gardening, pet care, household chores and other typical, attendant-style care. It is helpful to have a signed agreement between the patient and caregiver.
https://www.wedefendyou.com/Criminal-...15-SB-420.aspx
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Old 03-13-2010, 05:28 PM #2
Leonard NeemOil
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Can anybody show me one true co-op or collective? How do they get away with labeling themselves as such?

from wikipedia:
Quote:
A cooperative (also co-operative; often referred to as a co-op or coop) is defined by the International Co-operative Alliance's Statement on the Co-operative Identity as an autonomous association of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly-owned and democratically-controlled enterprise.[1] It is a business organization owned and operated by a group of individuals for their mutual benefit.[2] A cooperative may also be defined as a business owned and controlled equally by the people who use its services or who work at it.

A collective is a group of entities that share or are motivated by at least one common issue or interest, or work together on a specific project(s) to achieve a common objective. Collectives are also characterised by attempts to share and exercise political and social power and to make decisions on a consensus-driven and egalitarian basis. Collectives differ from cooperatives in that they are not necessarily focused upon an economic benefit or saving (but can be that as well).
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