Tuesday, September 1, 2009

Medical Marijuana Inc. May Assist Collectives to Keep Within the Guidelines

Medical Marijuana, Inc. (PINKSHEETS: MJNA) offers tracking and management solutions that keep collectives within the boundaries of CA Proposition 215 and SB 420 in regard to supply side and distribution.
According to The Metropolitan News-Enterprise, on August 18, 2009, California's Fourth District Court of Appeals reinstated felony charges against Stacy Hochanadel, John Campbell and John Bednar, the operators of CannaHelp, a medical marijuana dispensary located in Riverside County, CA.

The decision that a Superior Court judge erred in ruling that CannaHelp was a "primary caregiver" under Proposition 215 gave prosecutors a new opportunity to convict the defendants.

Judge Gilbert Nares explained that it is not sufficient for a person or entity to be designated a primary caregiver by an authorized medical marijuana user. There must be an independent relationship between the parties aside from and preceding the supplying of medical marijuana. "There is no evidence that CannaHelp or the defendants had such a relationship with the customers who purchased marijuana from them," Nares wrote. "A storefront dispensary that merely provides walk-in customers with medical marijuana does not provide the type of 'consistent' relationship necessary to achieve primary caregiver status."

A collective, Nares explained, cannot operate for profit and cannot sell marijuana obtained from other than its own membership. And, he continued, the fact that CannaHelp operated on a cash-only basis gave detectives the probable cause to believe that CannaHelp was a criminal enterprise.

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