Colorado - Hypothetical situation if we legalize

[bahnzo]

Was just thinking tonight.....

If our amendment passes here in Colorado, up to 1oz will be legal to possess. It will also be legal to transfer that possession to someone else, as long as it's not sold.

So....what about this: Say I sell you a bag of popcorn, for $50, and with that you get a free bag of weed? Would I become the most popular and wealthy popcorn vendor in Colorado, or the most popular piece of fresh meat in the state pen?

I'm *not* actually considering this, but thought it would be interesting to discuss possibilities about what might be possible, if anything at all.

 

[One Three]

Not legal.

 

[Haha420]

Sounds kinda like the medical mj clubs in cali .GREED will fuck it all up .

ive never gotten any popcorn in the clubs

 

[bahnzo]

Not legal.

Why not? If it's legal to possess, and it's legal to give for no compensation, then what is illegal about giving away free weed when you buy some popcorn?

 

[Stoobie]

because you are using marijuana as an incentive to buy your "$50" bag of popcorn.

 

[One Three]

Exactly. They tried this with beer as well, it was deemed a form of profiteering.

The issue here, is the sale. There is money being exchanged for SOMETHING. And weed is involved. Even though weed isn't what is being sold, the fact that it is PART of the deal (in the form of a gift, IE: an incentive) makes it illegal.

The donation issue is much more legal. You give them some weed, and they donate. But even this is shady unless you honestly start a government recognized charity. To do this you will need to file a Form 990, and become a 501(c) (3) organization. This makes you a public charity, and all donations to you are tax exempt.

Now that is nice. Paying your dealer for weed AND getting a tax write-off for it.

 

[bahnzo]

because you are using marijuana as an incentive to buy your "$50" bag of popcorn.

But this is done everywhere. You've never used a "buy one, get one free" coupon? Or been to a restaurant that gave you a free dessert with purchase on an entree?

 

[bahnzo]

The donation issue is much more legal. You give them some weed, and they donate. But even this is shady unless you honestly start a government recognized charity. To do this you will need to file a Form 990, and become a 501(c) (3) organization. This makes you a public charity, and all donations to you are tax exempt.

Now that is nice. Paying your dealer for weed AND getting a tax write-off for it.

What about "a portion of all proceeds goto benefit [insert charity here]"? Or would the entire purchase price have to goto a charity if you wanted to go this way?

 

[weezypleazy]

I thougth carrying up to 2 ozs was legal already in Col....or did a judge just rule in favor of the guy that was carrying?

 

[Stoner4Life]

But this is done everywhere. You've never used a "buy one, get one free" coupon? Or been to a restaurant that gave you a free dessert with purchase on an entree?

Yeah but nothing about a meal or desert is illegal to begin with.

 

[bahnzo]

I thougth carrying up to 2 ozs was legal already in Col....or did a judge just rule in favor of the guy that was carrying?

Not. In the city of Denver, it's supposed to be 1oz or less is legal to possess. But the police here are still charging people, citing "state law". This is the reason behind amendment 44.

 

[bahnzo]

Yeah but nothing about a meal or desert is illegal to begin with.

But this is why I'm trying to provoke some discussion on this. If our amendment passes in November, less than 1oz of marijuana will be legal to possess.

 

[One Three]

But not legal too sell. The TRANSACTION makes it illegal. It is part of an exchange of money. That means sale. Even if it isn't the primary item purchased.

 

[J842P]

But this is done everywhere. You've never used a "buy one, get one free" coupon? Or been to a restaurant that gave you a free dessert with purchase on an entree?

YES BUT THERE ARE NO LAWS AGAINST SELLING DESSERTS!

 

[J842P]

But this is why I'm trying to provoke some discussion on this. If our amendment passes in November, less than 1oz of marijuana will be legal to possess.

Yes, but not to sell.

 

[bahnzo]

But not legal too sell. The TRANSACTION makes it illegal. It is part of an exchange of money. That means sale. Even if it isn't the primary item purchased.

This is exactly what I was hoping to kick around. Ok, so even if you give it away free with another purchase it's still considered a sale.

Just thinking there has to be a loophole here somewhere to allow a person giving weed to another person (which would be legal) to receive compensation for it (which still would not be).

 

[One Three]

There is. Donation to a legal charity.

And to answer whoever asked, no you cannot say "all donations will go to xy charity" unless you plan on actually giving that money to a REAL charity. The IRS will be on your ass right away. The only way to avoid the IRS, is to file to become a public charity. That way you can keep the money, not pay taxes, and have it on the up-and-up.

There is your loophole. It's lots of paperwork but it's a loophole.

 

[Lilstinky420]

They are gonna have to regulate it someway. Hopefully they will legalize personal growing soon.

 

[Lilstinky420]

Anyone from Grand Junction area or Colorado or western slope?