Transfer of Marijuana Between Caregivers is now a Felony in Missoula
August 14th, 2010 by John Masterson
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This just in: Missoula County officials are distributing a letter to caregivers advising them that caregiver-to-caregiver transfers of marijuana are not legal, and will be prosecuted as violations of the law. Presumably, this would be a felony punishable by years in prison.
Here’s a copy of the letter:
Posted in Medical Marijuana, Missoula
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This is quite a blow. Even the workgroups that are trying to clarify the law agree that cg-to-cg transfers must be allowed.
Dear Legislation,
Caregiver to Caregiver sales MUST BE ALLOWED!! There are more than 2 dozen strains of this herb that treat multiple specific symptoms, and just as many antibiotics, not all strains relieve specific ailments. It is legislations MORAL ETHICAL DUTY to be sure “all qualifying patients” have access to these medicines! Because it is impossible for a single Caregiver to truly meet the needs of each patient- only Caregiver to Caregiver sales can insure this necessity.
Law makers focus should not be aimed at tightening regulation on city/state approved, law abiding, tax paying caregivers at the patients expense! Prohibiting Caregiver to Caregiver sales will only ensure a “black market boom”- which is a giant set back for the protection of Montana Medical Marijuana patients!
Our voices will be heard on VOTE DAY!
Sincerely,
Spirit Mountain Medicine
Columbia Falls, MT
I would be afraid to get product from another caregiver and pass it on to my clients. I could not guarantee the quality. It is possible to grow plants in a rotation to produce enough product. It takes a lot of work and planning 4 months out. I think this industry CAN be regulated and inspected, just like IN a pharmacy. I am talking recordkeeping and inventory control. It isn’t rocket science. Producing marijuana for legitimate patients requires ethical people, responsible people. People that have something to lose. Yes, there are many who are making as much money on MJ that they can under this program. Selling to whomever requests some. These are the ones who will be “weeded” out.
How is it that only in Missoula is Caregiver transfer a felony? In MCA 50-46-102 (5) “Medical use” means:
(a) the acquisition, possession, cultivation, manufacture, delivery, transfer, or transportation of marijuana or paraphernalia by a qualifying patient or a caregiver relating to the consumption of marijuana to alleviate the symptoms or effects of a qualifying patient’s debilitating medical condition;
(b) the use of marijuana or paraphernalia by a qualifying patient to alleviate the symptoms or effects of the patient’s debilitating medical condition; or
(c) the use of paraphernalia by a caregiver for the cultivation, manufacture, delivery, transfer, or transportation of marijuana for use by a qualifying patient.
Just what is it about “acquisition” and “transfer” that the Missoula County Attorneys’ office doesn’t understand? In order for a market to exist in a product, there need to be producers, wholesalers, brokers and retail sales. This is nothing more than a blatant attempt to cripple the supply and variety of legal medicine. This will result in more wasted taxpayers money to defend an irrational ruling by an officer of the court usurping the role of the legislature. I predict a dismissal of any charges filed.
When you live in a country that is not a free country – what do you expect?
Is Missoula the only county making caregiver to caregiver transfer illegal?
Any local pharmacy in your town is allowed to acquire medication from any other pharmacy when needed to supply a prescription for their customer, whether that medication be insulin or pain pills. They can also transfer your prescription to another pharmacy. Otherwise, the needs for medications could not be met in this state on occasions numerous enough, that a law suit would eventually develop due to a pharmacy failing to supply a needed medication for their customer. The same common sense should apply to caregivers assisting other caregivers in the effort to ensure medication for all who have a prescription for marijuana.
Law is supposed to be based upon common sense, which the county officials of Missoula are apparently lacking. Also, I noticed Annie Oakley, (above), disagrees with caregiver to caregiver sales, however what will she do if she has a failed crop, and cannot supply her patients? What will she do to ensure the well being of those patients who depend upon her? I would never want to depend upon her or be her patient. If she is a caregiver, then she has been in this business long enough to know or to eek out other caregivers who grow medicinal quality and uncontaminated marijuana.
Missoula can’t change the law. They’re interpreting in a way that has yet to be tested in court. So, you’d have a fighting chance, but will need a few thousand dollars to deploy the fight. Be careful out there.