Is SKTO going to "purchase" marijuana or allow grows......
on property they hold rights to?
And who will purchase marijuana, then not possess it?
Maybe that's why Dale referred to SKTO management as "fools or hucksters". You do know he co-authored Prop 215, right?
This requirement is questionable, since there is nothing in state or federal law banning the purchase of marijuana, medical or otherwise, from any source (the law bans possession, not purchase, and possession is protected under Prop. 215).
Nice selective copy/paste from CA NORML. I copy/pasted it below in it's entirety for everyone to read.....with the link as well. Nice picture of Dale, isn't it?
ATTORNEY GENERAL'S GUIDELINES
On Aug. 25, 2008, the California Attorney General's office issued guidelines for medical marijuana enforcement explaining its interpretation of SB420 and Prop 215. Read the guidelines. Although not strictly binding as law, they provide a good indication of how the AG's office will with state enforcement. The guidelines are for the most part consistent with the California NORML legal committee's interpretation of state law, with certain exceptions noted below (see Cal NORML analysis of AG's guidelines ).
The guidelines note that storefront "dispensaries" are not explicitly recognized in state law, but that a "properly organized collective or cooperative" may legally dispense medical marijuana through a storefront provided it complies with certain conditions. The guidelines do not envision dispensaries operating as patient "caregivers," nor as for-profit businesses (there are many ways in which businesses can be organized as "non-profits"; for details consult a business attorney).
Dispensaries are expected to file for a seller's permit and pay sales taxes to the Board of Equalization. This is consistent with state law, which requires sales taxes for all medicinal herbs and drugs except those sold by a licensed pharmacist upon a doctor's "prescription " (legally, doctors cannot "prescribe" marijuana, but only "recommend" or "approve" it). The BOE publishes tax guidelines and a link for obtaining sales permits.
Some cities and counties also require a business license and/or zoning permits for dispensaries.
Coops and collectives must serve only verified legal patients, and distribute only to their own members.
Beyond this, the guidelines specify that cooperatives and collectives should use only marijuana legally grown or obtained by their own members, with no purchases from outside their membership. This requirement is questionable, since there is nothing in state or federal law banning the purchase of marijuana, medical or otherwise, from any source (the law bans possession, not purchase, and possession is protected under Prop. 215). However, this problem can be avoided by including all growers and suppliers as members.
The guidelines also state that dispensaries should document their activities, and specifically "track and record" the source of their marijuana. This too is outside the requirements of Prop 215 and SB 420. While good record-keeping is always advisable as a business practice, keeping records on growers and vendors poses obvious problems given the threat of federal prosecution. Until federal law is reformed to protect medical marijuana suppliers, coops and collectives need to be careful about protecting their confidentiality.
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