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PROTECTING PATIENT CULTIVATORS

johnnyla

Active member
Veteran
Interesting article about next weeks city council meeting in LA. It appears they want to force the dispensaries to report patient cultivators to the LAPD.

"The ordinance requires that “The names of all registered members of the Cooperative/Collective who will be contributing Medical Marijuana to the Cooperative/Collective must be disclosed in writing and in advance to the Los Angeles Police Department.”

http://aboutmedicalmarijuana.com/2009/09/18/protecting-patient-cultivators/
 
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Blue Dot

In three pages (updated 9/18/09) of suggested improvements to be delivered tomorrow, I caution PLUM Committee members that, “Requiring the patients’ association to disclose the names and addresses of members who supply medicine is unnecessary and places the patient-cultivator at undue legal risk from inappropriate law enforcement activity, rogue police officers, and federal interference. This provision is unacceptable and should be deleted in its entirety.”

Unnecessary?

'Um what part of Jerry's guidelines don't they understand??

Jerry Brown said:
4. Collectives Should Acquire, Possess, and Distribute Only Lawfully
Cultivated Marijuana: Collectives and cooperatives should acquire marijuana
only from their constituent members, because only marijuana grown by a qualified
patient or his or her primary caregiver may lawfully be transported by, or
distributed to, other members of a collective or cooperative. (§§ 11362.765,
11362.775.) The collective or cooperative may then allocate it to other members of
the group. Nothing allows marijuana to be purchased from outside the collective or
cooperative for distribution to its members. Instead, the cycle should be a closedcircuit
of marijuana cultivation and consumption with no purchases or sales to or
from non-members. To help prevent diversion of medical marijuana to nonmedical
markets, collectives and cooperatives should document each member’s
contribution of labor, resources, or money to the enterprise. They also should track
and record the source of their marijuana
.
 

maxxim

Member
Looks like I wasn`t the only one wondering where the MJ comes from in the dispensaries....

They are selling "Medical" MJ and who knows what someone could be putting in the shit. Who will be the first to die from poisined cannabis and then realize that the grower/poisoner cannot be held responsible.

Oh but that shit would never happen....

No self respecting drug dealer would try to drive out his competition by poisoning his opponents product right.

No multi-million dollar company is going to say that MJ "has" to be grown by them and lab tested to be sold commercially to ensure quality.

The mere fact that people (the supposedly good guys) will throw you in jail for even having a little MJ should tell you that the bad people in this world will do far worse.
 

johnnyla

Active member
Veteran
"The ordinance requires that “The names of all registered members of the Cooperative/Collective who will be contributing Medical Marijuana to the Cooperative/Collective must be disclosed in writing and in advance to the Los Angeles Police Department.”

ummm. blue dot, do you know anything about the LAPD? they are pretty lawless bunch. i don't think anyone is going to go for this.

i don't think your boy Jerry, or prop 215 or SB 420 say anything about having to register with the LAPD. Do you have to register with the LAPD to take your Prozac? I didn't think so.
 

johnnyla

Active member
Veteran
At least ASA is trying to get them to remove the part about ratting out patient cultivators to the LAPD. I would suspect most would not be into this nor does any law give LAPD or any other local city police the powers to regulate cannabis gardens. It's a bit out of their area of expertise.
 

kmk420kali

Freedom Fighter
Veteran
Unnecessary?

'Um what part of Jerry's guidelines don't they understand??

The part about "It is not a Law"...he pulled those guidelines out of his ass...it was not voted on, and is simply his take on it--
As long as it is illegal under Federal Law, it would be lunacy to reveal that info--:2cents:
 

PharmaCan

Active member
Veteran
Simply stated, the L.A. City Council cannot require this.

1) The Fifth Amendment to the Constitution prohibits requiring self incrimination.

That, in and of itself should be enough. However,

2) There are many laws proscribing the privacy of medical records. Requiring disclosure would certainly transgress those laws.

The LACC can take a flying fuck at a rolling donut. Those fascists can't just ignore the Constitution and privacy laws just because they are die-hard drug warriors. It simply doesn't work that way.

PC
 
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Blue Dot

Simply stated, the L.A. City Council cannot require this.

1) The Fifth Amendment to the Constitution prohibits requiring self incrimination.

That, in and of itself should be enough. However,

When a collective remits sales tax to the state that is self-incrimination that are are selling a fed controlled substance but that is not enough to stop collectives from being forced to remit sales tax so obviously the Fifth Amendment is not enough.
 

Pythagllio

Patient Grower
Veteran
Actually, the BOE has bent over backwards to make sure dispensaries don't have to self incriminate in order to remit their sales tax. You see, they like their money.

Blue Dot may well be the stupidest asshole I've ever encountered. He may even believe his own bullshit! Sheesh, even Calvina Fay is more intelligent that BD.
 
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Blue Dot

5th Amendment said:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The 5th Amendment only applies to criminal cases usually in deposition or in testimony in a court room.

There is NO 5th Amendment merely walking around on the street or when involved in a business where there is no pending criminal case.

There is no such thing as "self incrimination" unless you are forced to answer a criminal complaint.
 

FreedomFGHTR

Active member
Veteran
The 5th Amendment only applies to criminal cases usually in deposition or in testimony in a court room.

There is NO 5th Amendment merely walking around on the street or when involved in a business where there is no pending criminal case.

There is no such thing as "self incrimination" unless you are forced to answer a criminal complaint.


Bullshit. Ever hear of the Miranda rights? Thats the most obvious example that disproves your statement.
 
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Blue Dot

It isn't obvious that when you are read your miranda rights you are in a position of answering a criminal complaint?
 

zenoonez

Active member
Veteran
It isn't obvious that when you are read your miranda rights you are usually in a position of answering a criminal complaint?


Your 5th amendment rights protect you at all times even if you are not under investigation. Consider if you were being questioned in relation to a death and the police know it wasn't you and they think they know who did it. You still have the right to invoke your 5th amendment right at any time. The 5th Amendment protects you from any coercion from governmental officers or representatives. Thats right, from your PO, from the child's services rep, from the postal inspector, from the DA, it protects you.
 
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