Emerald can grow marijuana and profit from it... indirectly by establishing itself through collectives and coops as a "designated primary caregiver" service, Under SB 420 (Medical Marijuana Program, MMP)
A primary caregiver can cultivate and possess as much marijuana as a physician recommends to meet the needs of their patients.
A primary caregiver can also charge for services and expenses in their caregiver capacity. There are also no limits to how many patients a primary care giver can render service to. I'm not saying definitively that this is the case with Emerald, but the issue is not as cut and dry as has been presented. There are ways that Emerald can cultivate and profit. Be it directly or indirectly from the actual cultivation.
From SB 420:
(exempt from prosecution here)
"No person or designated primary caregiver in possession of a
valid identification card shall be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana in an amount established pursuant to this article, unless there is reasonable cause to believe that the information contained in the card is false or falsified, the card has been obtained by means of fraud, or the person is otherwise in violation of the provisions of this article."
"Any individual who provides assistance to a qualified patient
or a person with an identification card, or his or her designated
primary caregiver, in administering medical marijuana to the
qualified patient or person or acquiring the skills necessary to
cultivate or administer marijuana for medical purposes to the
qualified patient or person."
"Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570."
(amount of marijuana here)
"A qualified patient or primary caregiver may
possess no more than eight ounces of dried marijuana per qualified
patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient."
"If a qualified patient or primary caregiver has a doctor's
recommendation that this quantity does not meet the qualified patient's medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs."
(profiting as a caregiver here)
"A primary caregiver who receives compensation for actual expenses, including reasonable compensation incurred for services
provided to an eligible qualified patient or person with an identification card to enable that person to use marijuana under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, shall not, on the sole basis of that fact, be subject to prosecution or punishment under Section 11359 or 11360."
There is nothing preventing Emerald from being referred by coops as a primary caregiver service to MMJ patients, cultivating as much MJ as recommended by a doctor, and rendering such services for profit.
A primary caregiver can cultivate and possess as much marijuana as a physician recommends to meet the needs of their patients.
A primary caregiver can also charge for services and expenses in their caregiver capacity. There are also no limits to how many patients a primary care giver can render service to. I'm not saying definitively that this is the case with Emerald, but the issue is not as cut and dry as has been presented. There are ways that Emerald can cultivate and profit. Be it directly or indirectly from the actual cultivation.
From SB 420:
(exempt from prosecution here)
"No person or designated primary caregiver in possession of a
valid identification card shall be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana in an amount established pursuant to this article, unless there is reasonable cause to believe that the information contained in the card is false or falsified, the card has been obtained by means of fraud, or the person is otherwise in violation of the provisions of this article."
"Any individual who provides assistance to a qualified patient
or a person with an identification card, or his or her designated
primary caregiver, in administering medical marijuana to the
qualified patient or person or acquiring the skills necessary to
cultivate or administer marijuana for medical purposes to the
qualified patient or person."
"Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570."
(amount of marijuana here)
"A qualified patient or primary caregiver may
possess no more than eight ounces of dried marijuana per qualified
patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient."
"If a qualified patient or primary caregiver has a doctor's
recommendation that this quantity does not meet the qualified patient's medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs."
(profiting as a caregiver here)
"A primary caregiver who receives compensation for actual expenses, including reasonable compensation incurred for services
provided to an eligible qualified patient or person with an identification card to enable that person to use marijuana under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, shall not, on the sole basis of that fact, be subject to prosecution or punishment under Section 11359 or 11360."
There is nothing preventing Emerald from being referred by coops as a primary caregiver service to MMJ patients, cultivating as much MJ as recommended by a doctor, and rendering such services for profit.
