Legally providing to dispensaries by private cultivation

Smoker's Lounge Security & Legal
#1

This topic is still a grey area in many green states, for instance, current colorado law allows residents 21 years of age or older to cultivate up to 6 plants, 3 of which can be in the flowering stage in an enclosed, locked space.

The limits to selling:

  • Only licensed retailers can sell marijuana products.

  • Adults over 21 can give up to 1 ounce of marijuana to another adult 21 or older, but can’t sell marijuana. This includes homegrown product.

There isn’t really much more information so it’s still highly open to interpretation and risky IMO. I’ve heard the term “donation” a lot and this is certainly an alternative route in the mmj community.

Maybe one day in the near future, green state private growers who are able to provide quality/clean/tested cannabis will also have the chance to work with dispensaries, or at least some of the smaller boutique dispensaries, without the rigorous process of owning an entire retail/grow shop.

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#2

Yes selling marijuana gets complicated. We allow the discussion of marijana sales,but have a strict policy of no trade of final products of marijana on our site.

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#3

I think thats a great idea, but I doubt very much the law makers (tax grabbers) will go along with it. They see $$$ and thats all they see at this point. Well, plus most still think in their hearts that “weed is BAD, but if we’re going to let folks do it, then lets make em pay.”

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#4

This is your loophole.

How often can this be done? Could you hand over an ounce to a dispensary, then do the same again in an hour, or a minute? The law as stated above just means you have to hand it to them one ounce at a time…

Obviously you would not sell it to them, but instead sell them a small overpriced item which cost you practically nothing, but cost them the price of an ounce of weed? Or maybe have them join a members club to get free weed. Membership lasts a day (or a minute, or whatever), costs the same as an ounce, and for membership, you get a free ounce.

But obviously you would not break the law, you would only hand over free weed and then only if you are 21, to another person over 21.

Hell, if you have enough friends, and the store has enough employees, you could have 10 people hand 1 ounce to 10 employees, then everyone moves one person to the left and another 10 ounces are handed over until every person has handed one ounce of free weed to each of the ten people. Bingo, a legal 100-ounce transfer to a dispensary in 5 minutes. Of course, that was all free weed so you better get those members signed up and paid for first.

All weed is a donation, all cash is for membership and as such you are not selling weed, you are a person over 21 giving it away free, one ounce at a time, to a person over 21, to members of your club.

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#5

The folks who tried doing this thru social media sites when recreational laws started got shutdown quickly. I cant imagine a dispensary taking a chance on this. I wish they did we might finally have decent product in our dispensaries instead of the piss scented dust they currently offer.

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#6

In DC this is a huge market. There are at least 5 major delivery services, one of which sells organic juice for $50 and you get a free bag of weed with it. They even have their cars fully wrapped, so it’s not like it’s under the radar. (A few have been shutdown, but the majority of them are still running and banking.)

Here in Michigan we also have the 1oz gift rule, but they stop it by only allowing a person to possess 10oz and grow 12 plants at home. (I seriously have no idea what type of shit growers they are, but even if I screw everything up I can get more than an oz per plant, which breaks the law right away.)

While I believe that is part of it, the rules are also about keeping quality product and stopping the transfer of product from the legal market into the black market. Lab tests ensure no pesticides were used, verify the quality, and prevent molds from spreading. Recently there were recalls in both CO and MI for some crazy crap.

Seriously, read these articles. That’s scary crap.

https://www.freep.com/story/news/marijuana/2019/01/11/michigan-marijuana-recall-detroit-kalamazoo/2546822002/

Even worse, though, is that the grower in CO that was busted claimed there was no way they had bad weed because they had used a post-harvest processing facility to “clean the weed”. Ozone flushes, irradiated buds, and all sorts of other techniques were used to eliminate mold and such. Check these things out, this scares me more than anything.

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#7

Scary crap is right!! I had no idea.

That changes my viewpoint on regulation a good bit now. I can also see some justification for taxing it to support the monitoring of the system.

I guess if money is involved, ethics tend to suffer.

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#8

home growers in Michigan are allowed to keep whatever they harvest over 10 ounces, the limit doesn’t apply to home-grown in the residence.

When Colorado’s medical law started out, people could walk in off the street and sell buds to the dispensaries. Under Prop. 215 in California anyone with a medical card could sell to anyone else with one. Those laws have been repealed.

Selling things to each other is generally illegal. They busted some old guy in my town for selling keys out of his garage, he had his own key-cutting machine as a hobby.

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#9

Till I read the last sentence I thought key was code for kg ,thinking dam old guy must of had quite the grow to have kg’s for sale ! Lol

#10

:smile: yeah he was moving 10 keys a month through his garage! no, just some bored retired guy inviting the neighbors over basically

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#11

My lawyer says differently. The wording is very clear.

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#12

yes, it’s very clear, unlimited! 10 ounces AND ANY more weed you grew. Congratulations!

you need a new lawyer

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#13

To me, it reads as though you can have 10 processed ounces stored at any one time, plus whatever is on your cultivated plants in your residence. This makes sense as the plant matter weighs much more than that when growing.

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#14

The problem with the way the law is written is once it leaves the plant it is considered stored material and is subject to the 10oz rule.

I’ll stick with the guy with the law degree over an Internet lawyer any day.

Feel free to use the “but I grew it” defense. Personally I won’t risk my fortune.

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#15

Exactly the problem with the wording. While it’s on the plant you can have as much as you want, the second it becomes processed and stored it is subject to the 10oz limit. (Thus my initial comment.) Rotational/perpetual harvests will be the best bet for the home grower in MI.

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#16

Weird, I’m seeing the buying/selling and growing laws but, i’m not seeing any Colorado state/local laws regarding the residential possession limits on the processed product. Only 6 plants (3 in flower) per adult… or 12 plants total (6 in flower) per residence/dwelling. After that is stated, there isn’t much else… lots of smoke and mirrors if you ask me! :cloud:

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#17

Sorry, I’m trying to be polite - several states that have passed legalization all have this clause, they’re all the same, there is no limit on home-grown weed, it’s right there in the words you posted, I’m not sure what else you want to hear.

Getting in touch with the local NORML chapter is a good way to keep up with legal changes & policies in your state. Or talk to one of the NORML-affiliated lawyers in Michigan, you can find a list on the NORML web site.

Anyone who’s concerned about home growing and their rights can call one of these lawyers and get their question answered. that’s what I did when I first started growing:

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#18

I agree. Colorado should be more transparent on this topic. On colorado.gov it appears to be 1 ounce possession public or residential and 2 for medical. Doesn’t make any sense

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#19

I’m not familiar w/ Colorado’s law, but I know Vicente Seiderberg has said for years that you can possess whatever cannabis your home-grown plants produced and it looks like the law reflects that - Sec. 3b below…this part of the law was refined by MPP over the years into the more specific “and any” clause posted above:

(3) Personal use of marijuana. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE UNDER COLORADO LAW OR THE LAW OF ANY LOCALITY WITHIN COLORADO OR BE A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS TWENTY-ONE YEARS OF AGE OR OLDER:
(a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJUANA.
(b) POSSESSING, GROWING, PROCESSING, OR TRANSPORTING NO MORE THAN SIX MARIJUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING PLANTS, AND POSSESSION OF THE MARIJUANA PRODUCED BY THE PLANTS ON THE PREMISES WHERE THE PLANTS WERE GROWN, PROVIDED THAT THE GROWING TAKES PLACE IN AN ENCLOSED, LOCKED SPACE, IS NOT CONDUCTED OPENLY OR PUBLICLY, AND IS NOT MADE AVAILABLE FOR SALE.

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#20

I initially read that the same way.

Then I re-read it and it sounds different. Parse it at the “and” as to what is allowed:

(1) within the person’s residence, possessing, storing, and processing not more than 10 ounces of marihuana
-and-
(2) any marihuana produced by marihuana plants cultivated on the premises
-and-
(3) cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once

Now I ask, why would they have even stated (2) if (1) and (3) would have covered all of the situations?

I agree it certainly sounds contradictory but, yeah, politicians and lawyers. What’s the definition of “the”?

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