MontanaGrown
Member
I would imagine that this is one of the many "gray areas" in the Montana MMJ law, but wondering about your input on caregiver to caregiver sales....are they legal in Montana?
Caregiver to Caregiver Sales
- Thread starter MontanaGrown
- Start date
taipanspunk
Active Member
no caregiver to caregiver sales (or sales of any kind)... you are only allowed to possess and grow your own within limitations...
definition of "caregiver means an individual, 18 years of older who by signing an application agreed to undertake responsibility for managing the well-being of a person with respect to medical use of marijuana"
http://www.dphhs.mt.gov/medicalmarijuana/frequentlyaskedquestions.shtml
definition of "caregiver means an individual, 18 years of older who by signing an application agreed to undertake responsibility for managing the well-being of a person with respect to medical use of marijuana"
http://www.dphhs.mt.gov/medicalmarijuana/frequentlyaskedquestions.shtml
MontanaGrown
Member
I found this information online:
Kerr stated conclusively that caregiver to caregiver transactions are completely legal in the state of Montana under the current law. He points to Section 2, Subsection 4 of I-148, which states that, "'Medical use' means the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marijuana or paraphernalia relating to the consumption of marijuana to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition."
When taken together with Section 4, Subsection 1, which states that, "A qualifying patient or caregiver ...may not be arrested, prosecuted, or penalized in any manner, or be denied any right or privilege ...for the medical use of marijuana or for assisting in the medical use of marijuana...", the I-148 should clearly protect any transactions that occur between patients or caregivers, including those between two caregivers.
Not arguing by any means, just want to hear opinions. Thanks!
Kerr stated conclusively that caregiver to caregiver transactions are completely legal in the state of Montana under the current law. He points to Section 2, Subsection 4 of I-148, which states that, "'Medical use' means the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marijuana or paraphernalia relating to the consumption of marijuana to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition."
When taken together with Section 4, Subsection 1, which states that, "A qualifying patient or caregiver ...may not be arrested, prosecuted, or penalized in any manner, or be denied any right or privilege ...for the medical use of marijuana or for assisting in the medical use of marijuana...", the I-148 should clearly protect any transactions that occur between patients or caregivers, including those between two caregivers.
Not arguing by any means, just want to hear opinions. Thanks!