Are Patient To Patient Donations Illegal In CA?
- Thread starter knox1973
- Start date
angryblackman
Well-Known Member
I wouldn't risk it off Craigslist. Too many shady people out there looking to take advantage of the sick looking for medication now that the dispensaries are gone.
angryblackman
Well-Known Member
in english does this say it is LEGAL for patient to patient donations?
(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 11360.
(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 11360.
Dan Kone
Well-Known Member
Well... That's a grey area. But there is a way to do it where I've never heard of anyone getting caught.
Police do bust people on craigslist occasionally, but they do it in a very specific way. When you show up to make the delivery and ask to see their doctors rec, the cop will ask to produce a sample before verifying his doctors rec. If you do this, they will bust you the second you hand them a sample. However if you refuse to produce any products or samples before you verify their doctors rec and make them sign an agreement to join your collective, then they can not bust you as far as I'm aware.
That should stop you from getting arrested, but it won't keep you safe. There is nothing safe about selling bud on craigslist.
Dan Kone
Well-Known Member
You are not a primary caregiver. In order to be a primary caregiver you must be able to prove you provide non-cannabis related services to that person on a regular basis. If you try to claim to be a caregiver when selling to a cop, they will throw you in jail and you will be found guilty.
sfttailpaul
Active Member
THANK YOU DAN KONE! Absolutely correct my man, glad you posted this (again?). I have been talking this forever. It is really simple, but almost every grower I know thinks that they can grow for anyone who has a card under the "protection" a caregiver affords. They all seem to miss the fact that the caregiver is responsible for everything for that patient, not just their MMJ. Hell, "cultivators" think that the 'license" they paid some "doctor" a few hundred bucks for, entitles them to grow 99 mature plants! Good luck with that. If the D.A. Wanted to prosecute you, you'd need that Doctor to show up in court and show why he prescribed 99 plants for your medical condition. Hell, not one human being could smoke (or eat for that matter) 99 plants in a year, let alone THIS AMOUNT IS FOR CURRENT INVENTORY! Once sold, have another 99!
I would also say that if a patient to patient exchange of a "reasonable" amount of MMJ, was done quietly, discretely, etc. so that it is clearly not a "drug sale" then most cops wouldn't bother especially the tone of the laws here. But again, no guarantees. Always, common sense should guide you. If your intentions are righteous then you should be "OK".
Dan K. is giving you very good advice. Stay away from CL and people on there. OK to buy some equipment or maybe a puppy dog, but the place is crawling with flakes. When I set up my grow, I was behind my schedule and was impatient so I trolled CL for a lot of clones (+100) and responded to e-mails about three per day. Everyone turned out to be either BS or they flaked out after I agreed, or the clones were sickly, looked $hitty. I never got anything and went on to pay more but at a local dispensary. or infested or both.
reps+ to you bro',
Peace
I would also say that if a patient to patient exchange of a "reasonable" amount of MMJ, was done quietly, discretely, etc. so that it is clearly not a "drug sale" then most cops wouldn't bother especially the tone of the laws here. But again, no guarantees. Always, common sense should guide you. If your intentions are righteous then you should be "OK".
Dan K. is giving you very good advice. Stay away from CL and people on there. OK to buy some equipment or maybe a puppy dog, but the place is crawling with flakes. When I set up my grow, I was behind my schedule and was impatient so I trolled CL for a lot of clones (+100) and responded to e-mails about three per day. Everyone turned out to be either BS or they flaked out after I agreed, or the clones were sickly, looked $hitty. I never got anything and went on to pay more but at a local dispensary. or infested or both.
reps+ to you bro',
Peace
Dan Kone
Well-Known Member
btw - What I've described above is not in any way legal, it's just a method that makes it very difficult for a cop to bust you. If you verify a cop's rec and he signs a collective agreement, then they don't really have a case against you. I won't say it's IMPOSSIBLE to get busted that way, just how people on craigslist who are good at it do it and I've never heard of a bust happening if that method is used. If a cop goes to a doctor to get a rec and then signs an agreement to join a collective, that should be entrapment at that point if they were to attempt to bust you. The cops know this, so they don't go that far.
The cops will however produce a fake doctors rec. Make sure you verify and sign up anyone you sell to on CL.
Of course the best thing to do is to not sell bud on craigslist. As I said, it's not a safe thing to do. You'd be better off getting a website and doing a delivery service.
Dan Kone
Well-Known Member
Coming from you, that means something. Thanks!
I try to keep up with the system the best I can!
Dan Kone
Well-Known Member
Delivery service is the way to go. Or just take it to LA.
