HB4271 and Plant Counts

941mick

Well-Known Member
BTW the "reciprocal state" status advertised and utilized by High Times here last month is part of this legislation (HB4271), not current MMMA law :confused:
Really? I thought that the program recognized medical use from out of state card holders?
 

941mick

Well-Known Member
BTW the "reciprocal state" status advertised and utilized by High Times here last month is part of this legislation (HB4271), not current MMMA law :confused:
(j) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department.
 

TheMan13

Well-Known Member
Really? I thought that the program recognized medical use from out of state card holders?
Only Section 8, or the affirmative defense to criminal prosecution, is granted in MMMA. It is deducible through language (aka legal opinion) via the patient doctor relationship not given state limits. Although, I've never seen "uninterrupted supply" of sec 8 trump the limits referred to in sec 4 yet :confused:
 
Last edited:

TheMan13

Well-Known Member
muy interesante!

that is about the extent of my espanol
In the end our "justice system" is a simple economic market. With a plug and play pot lawyer defense going for 8k per plea and 30-40k for a trial, there is no room nor funds for "non conventional" defenses, no less civil accountability to provide The People with reasonable precedent or justice. Sadly the justice we receive today is all we can afford and this HB4271 really drives that home. No corporation nor their lawyers would find our caregiver patient business relationship acceptable, so they have our lawmakers draw them up something wholly different and separate, yet cannot exist without the others that remain under exploit of MMMA legal opinions and criminal prosecution :confused:
 

941mick

Well-Known Member
I guess what I just don't see, is how this piece of legislation interferes with the rights patients/caregivers currently have.

No, I don't think they see home caregivers supplying the masses with "medicine" from their basements as acceptable.
 

TheMan13

Well-Known Member
(j) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department.
And there is that (MMMA sec 4 (j)) ...

I may have misspoken on the "reciprocal state" fact, as I have been concentrating on this HB4271 and assumed you had quoted that.
 

941mick

Well-Known Member
And there is that (MMMA sec 4 (j)) ...

I may have misspoken on the "reciprocal state" fact, as I have been concentrating on this HB4271 and assumed you had quoted that.
I thought the issue with out of state residents came down to not having true legal access if there are no legal patient to patient transfers and caregivers can only supply for their state registered patients.
 

TheMan13

Well-Known Member
I guess what I just don't see, is how this piece of legislation interferes with the rights patients/caregivers currently have.
Exactly, for now it only creates wholly new and separate rights for these newly created entries as their business model is codified/justified by state law.
 

941mick

Well-Known Member
Is the real controversy then, not being able to supply more than five patients from an unlicensed facility?
 

st0wandgrow

Well-Known Member
I guess what I just don't see, is how this piece of legislation interferes with the rights patients/caregivers currently have.

No, I don't think they see home caregivers supplying the masses with "medicine" from their basements as acceptable.

As long as people are left with the option to grow for themselves, or assign a caregiver to do it for them then I don't really care what they do with these provisioning centers.
 

TheMan13

Well-Known Member
what overages lol
Sadly, not explicitly granting rights of "violations" by civil fines (5k & 1k maxes) via regulatory inspections, criminal prosecution via raids is still on the table and unimpeded as it relates to caregivers and patients (MMMA) ...

As a patient I can grow 12 plants under (2) 1k lights each (24k), but where does my 36LB harvests put me and how might I get that to a "provisioning center"/dispensary or "safety compliance facility"/lab legally without facing life in prison :confused:
 
Last edited:

941mick

Well-Known Member
I think the thought behind the language is that it completely possible that you have 15oz that yourself and 5 patients don't need. Giving you the option of transferring it to a provisioning center. You don't have to have "overages"...
 

941mick

Well-Known Member
If my patient just received 2.5 a few weeks ago, sometimes they don't need any medicine from this crop.
 

941mick

Well-Known Member
You have set amounts of how many plants and how many ounces you can possess. I don't see what the trouble is with understanding that just because you are"allowed" to grow 72 plants doesn't mean to grow 72 plants. You are given the responsibility to cultivate within the parameters of the law. If you know you only need to grow 4-5 plants to hit 15oz, only harvest and possess the contents of 4-5 plants at a time. If however you are not the greatest gardener and it takes 72 plants to hit 15oz, then grow 72 plants.
 

TheMan13

Well-Known Member
My best educated guess is that CG/PT "overages" will not satisfy these licensed facilities market. They will then seek similar legislation on an expedited/emergency basis, then what :confused: I'm sure millions have already been invested in plan B :cry:
 
Top