Dispensaries

EmeraldBuddah said:

Whats the current situation on Dispensaries? Are there any open? Will they have dispensaries soon?

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weedsLV said:

Well it was goin on in Cali that's how the rumor started here I know r laws r different though. I know about the charges the dispensary owners got but I'm wondering if they get dropped due to the nrs 453a affirmative defense and taking " donations" isn't actually selling . It's a loop hole in the law and it doesn't specify that u can't do such a thing.

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NRS 453A.300 Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty.
(f)Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250. [via]

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A decade ago, voters approved use of medical marijuana if a doctor signs off on it. But there was no rule in place for how to actually get the pot into the hands of patients. "You can't buy the seeds and you can't buy the plants. So if you have them, apparently you didn't get them legally," said Aizley. So BDR 912 was written to give local cities and counties the option to craft rules for dispensaries, expanding existing law. "It adds a section to provide collective and cooperative assistance between legal patients," said Shade. Aizley and Shade are quick to add that the shops cannot be with 1,000 feet of a school, church or youth center. But they want it to be a monetary winner for the state and county. "If we strike the 'for consideration' line, it would allow the exchange -- the monetary exchange or other exchange for medical marijuana," said Shade. [via]

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weedsLV said:

Consideration is the only word in that law not defined in the definition section to u have an exact legal definition of the word?

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consideration

n. 1) payment or money. 2) a vital element in the law of contracts, consideration is a benefit which must be bargained for between the parties, and is the essential reason for a party entering into a contract. Consideration must be of value (at least to the parties), and is exchanged for the performance or promise of performance by the other party (such performance itself is consideration). In a contract, one consideration (thing given) is exchanged for another consideration. Not doing an act (forbearance) can be consideration, such as "I will pay you $1,000 not to build a road next to my fence." Sometimes consideration is "nominal," meaning it is stated for form only, such as "$10 as consideration for conveyance of title," which is used to hide the true amount being paid. Contracts may become unenforceable or rescindable (undone by rescission) for "failure of consideration" when the intended consideration is found to be worth less than expected, is damaged or destroyed, or performance is not made properly (as when the mechanic does not make the car run properly). Acts which are illegal or so immoral that they are against established public policy cannot serve as consideration for enforceable contracts. Examples: prostitution, gambling where outlawed, hiring someone to break a skater's knee or inducing someone to breach an agreement (talk someone into backing out of a promise). [via Legal Dictionary | Law.com]

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