Transfer of Clones between States that have legalized Medical Marijuana ? - GreenPassion.org - Dedicated to Medicinal Cannabis Cultivation and Education

Richard Owl Mirror · #1 05-30-2009, 12:04 PM

I am curious to find out if it is possible/feasible for the legal transfer of cloned strains between patients who reside in the various (13) states which have legalized/authorized the growing of marijuana for medicinal purposes by individual patients?

The medical Marijuana programs in the various states provide no provisions for patients to acquire seed stock or plants with which to grow their legalized crops.
I realize that in some instances, various strains have been transferred clandestinely yet, with the advent of the Obama Administration making it plain that the Federal governments policy towards medical marijuana programs and their participants has changed course, it may be time to speak out on this issue. Understandably, changing course is going to be met with turbulence and may take a good bit of time to feel the impact of this change.

Might it be possible for every registered patient to petition their respective states and collectively throughout the current states for inclusion of a provision that makes it legal for transfers of seeds and cuttings?

Quote:

cuttings verses clones

Any legal minds here @ Greenpassion who would like to assist in writing a petition based upon the premise of opening the door a bit further on this issue?

Michael · #2 05-30-2009, 01:22 PM

The short answer is no.

The federal drug laws are justified on the "commerce clause" of the constitution, which gives federal authority over interstate commerce. The question, then, is whether you are conducting commerce by shipping clones. Then, depending on whether you use the US Mail or another common carrier, like UPS, you will be in varying amounts of trouble for shipping drugs or illegal plants or whatever.

All in all, if you got caught, I think it would probably be painful.

Richard Owl Mirror · #3 05-30-2009, 02:07 PM

Quote:

Originally Posted by Michael

The short answer is no.

The federal drug laws are justified on the "commerce clause" of the constitution, which gives federal authority over interstate commerce. The question, then, is whether you are conducting commerce by shipping clones. Then, depending on whether you use the US Mail or another common carrier, like UPS, you will be in varying amounts of trouble for shipping drugs or illegal plants or whatever.

All in all, if you got caught, I think it would probably be painful.

How about a third-party such as a non-profit agency like the Red Cross (Green Cross) being the conduit to provide for verifiable safe transfers between registered patients?

SomeDude · #4 05-31-2009, 07:08 AM

I think that would be classified under S.T.F.U.

Mogie · #5 05-31-2009, 09:12 PM

It would seem logical that mmj states would respect the laws of other mmj states and honor them.

But that is an ideal world and right now things aren't there yet.

Richard Owl Mirror · #6 05-31-2009, 09:16 PM

Quote:

Originally Posted by Mogie

It would seem logical that mmj states would respect the laws of other mmj states and honor them.

But that is an ideal world and right now things aren't there yet.

Quote:

things aren't there yet

When one wishes to begin a journey, one must put one foot in front of the other to begin.
Simply because something does not exist doesn't mean we must wait until somebody else makes it so on our behalf.

bbugg · #7 05-31-2009, 09:44 PM

In a world wherein people can't go from one state into another without going through an agricultural inspection station for all produce, I fear the steps needed to get this wonderful idea to reality would be long steps indeed! If California won't let an Oregonian cabbage cross the state line, it would be difficult for them to accept an Oregonian clone!

Richard Owl Mirror · #8 05-31-2009, 09:49 PM

OK, let's focus on clandestinely shipping clones via shipping in a properly marked box: LIVE PLANTS ! CAUTION ?

I mean, many companies ship plants all around the world. I believe most are rooted and soilless.
Couldn't the same be done with clones?

land of the free · #9 05-31-2009, 11:15 PM

Richard, these clones still have an odor when boxed up and shipping them will be classified as trafficing and then becomes a Federal crime. Don't even get involved unless you'd like a room at the Grey Bar Hotel.

Michael · #10 06-01-2009, 02:15 AM

I would do it - once or twice. But, if you make it a habit, I'm sure you won't have the habit for very long. :(

Mr.Moonbiscuit · #11 06-01-2009, 11:21 AM

wow you really have produce inspections on the borders? we dont even have check points for anything, just a big sign that says welcome to where ever.

Richard Owl Mirror · #12 06-01-2009, 11:26 AM

Quote:

Originally Posted by Mr.Moonbiscuit

wow you really have produce inspections on the borders? we dont even have check points for anything, just a big sign that says welcome to where ever.

LOL same here in Michigan !
Actually with all the budget cuts, most inspection sites, even for tractor-trailers have been closed down.

Richard Owl Mirror · #13 06-01-2009, 11:31 AM

Quote:

Originally Posted by land of the free

Richard, these clones still have an odor when boxed up and shipping them will be classified as trafficking and then becomes a Federal crime. Don't even get involved unless you'd like a room at the Grey Bar Hotel.

YES, that is why I proposed we begin petitioning the respective state governments to allow for the safe transfer of clones between the various Medical Marijuana states/patients.

If nobody designs a petition, nothing will ever come of this idea.
Same goes with each state recognising other states medical marijuana patients. If I took my Michigan ID card to another state, I still am not covered. Michigan does have a recognition of out-state patients who are registered but, the same is not true nationwide.
I believe these issues should be focused upon and, the large organizations should forget about getting us all taxed out of this right.

Mr.Moonbiscuit · #14 06-01-2009, 11:32 AM

ive been noticing that too, no wonder the amount of drugs coming in through basic shipping routes is getting higher.

bbugg · #15 06-01-2009, 12:48 PM

Quote:

Originally Posted by Mr.Moonbiscuit

wow you really have produce inspections on the borders? we dont even have check points for anything, just a big sign that says welcome to where ever.

Yes, there is a produce inspection when going from Oregon into California. (It's California's law, not Oregon's). Coming back home, nothing but welcome to Oregon signs. On a recent trip, we went into Cali on one road, returned to Oregon on another and the produce inspection stations on both roads were open and operating. It was a cursory "inspection", just a pleasant woman approaching the car and asking if we had any produce, then wishing us a good visit in California and waving us through when we said no. However, there was an 18 wheeler getting a pretty good once-over off to the side as we drove past.

The state of California expended a good bit of effort on these, as the photo indicates:

http://www.cdfa.ca.gov/exec/Public_A...nspectOpen.jpg

But back to the point of the thread... with 'grocery produce' being so regulated, cannabis clones would face twice as much difficulty - once just for being cannabis, and the other for being an agricultural product. Did I mention the large trash cans at each station - there to receive all the "foreign produce"? If we are to be able to freely exchange medicinal marijuana clones, we will have to overcome THAT mind set as well.

Not that I think it is a bad idea, not in the least. But it is a bigger issue than just getting people to accept cannabis.

land of the free · #16 06-01-2009, 01:23 PM

In California, we're able to stop the produce from coming in but still haven't stopped the millions of illegals.

SmokeToLive · #17 06-01-2009, 03:03 PM

If you think about it, the fed is supposed to govern interstate commerce. (Well, it was supposed to...) And since it is illegal on the federal level, I imagine the answer is definitely a no. (However wrong and stupid that may be.)

Richard Owl Mirror · #18 06-01-2009, 03:35 PM

Quote:

Originally Posted by SmokeToLive

If you think about it, the fed is supposed to govern interstate commerce. (Well, it was supposed to...) And since it is illegal on the federal level, I imagine the answer is definitely a no. (However wrong and stupid that may be.)

Is a compassionate GIFT regarded as Commerce ?

SmokeToLive · #19 06-01-2009, 03:43 PM

A compassionate gift to be used as medicine therefore replacing other forms of commerce? Yeah, probably.

On a practical note, can/will they catch you in many cases? Probably no.

land of the free · #20 06-01-2009, 04:05 PM

Richard is it really worth the risk to lose your card and possibly go to prison? What part of illegal are you not understanding? It's going to be stuff like this that'll ruin it for everyone. Just sit tight and let more states get legal before you stir things up. This is still in a trial phase for most states and they've been known to reverse laws.