• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Medical Marajuana, verbal contract broken, hidden camera..queston

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Derweissewolf

Junior Member
What is the name of your state (only U.S. law)? California


A person works as a legal Medical Marijuana grower. Most collective/dispensaries/co-op use verbal agreements when it comes to donating medicine, and payment. The person uses a small/spy camera for security when he carries around thousands of dollars in product or picks up the donations for that product. He went to pick up the donation for his medicine from what he thought was a legal, and legitimate Medical Marijuana dispensary, and was told by the owner/manager that while they had the product, they already sold it, and that they wont pay the grower for it, and since he had no written contract he can't prove that they owe him money. They don't know that it was all caught on his security/spy camera. The co-op has several cameras of their own in the store(unsure if they have audio, but most other co-ops/collectives do have some audio). So it seems there is no since of privacy for either the workers or patients. Can he use the audio(since the camera didn't get clear video) for a civil suit? is it legal to use a camera for self security/protection? Is there anything he can do in regards to a law suit? Thanks




Moderator
not sure what sub-forum this question should be in. If this isn't the right place then please move it to whatever forum it belongs in..Thank you

Theoretical question
for entertainment purposes only;)
 


It sounds like there's a lot of complicated issues mixed into your hypothetical. The verbal agreement is complicated by the fact that the payments and/or the medicine is apparently donated? It might affect a person's ability to recover money when it was considered a "donation" instead of a payment.

Then you also have the issue regarding the admissibility of the recording, which appears to be the only validating evidence available.

It also sounds like you're suggesting that this medical dispensary is not operating in accordance with the law. If that's true, then there's a chance the court will not enforce the agreement, because courts generally will not enforce an agreement that leads to a violation of the law. If enforcement of this agreement would result in the sale of medical marijuana to someone who is not authorized to sell it, the court might refuse to take any action.

Because of the complicated issues present, I think your best option, and your only option, is to consult with an attorney.
 

quincy

Senior Member
. . . . Because of the complicated issues present, I think your best option, and your only option, is to consult with an attorney.
I think most attorneys won't spend their time answering hypothetical questions, unless they are paid handsomely in advance or are somehow related to the hypothetical-question-asker (ie, stuck discussing the question with their father-in-law to preserve peace with their wife ;)).
 

Derweissewolf

Junior Member
"It also sounds like you're suggesting that this medical dispensary is not operating in accordance with the law"

Only because they are not holding up there end of the agreement. Most dispensaries are owned/operated by good, honest, and decent people.
 

cbg

I'm a Northern Girl
And of course your hypothetical marijuana grower is aware that California is a two-party state, meaning that you cannot legally tape a conversation without the knowledge and permission of all participants, correct?
 

Derweissewolf

Junior Member
xylene


How is the grower donating the marijuana and accepting payment?

That is a farce.



Donation is the language used under prop 215. Try going into a dispensary and leaving with a product without giving them cash. Prop 215 allows for money in exchange for medicine(time,energy,expertise,quality,quantity,need, and stain=price).


cbg


And of course your hypothetical marijuana grower is aware that California is a two-party state, meaning that you cannot legally tape a conversation without the knowledge and permission of all participants, correct?


I guess this is what the entire question is about. If the place is already video taping the people there. Can others video tape as well(even if it wasn't the reason for the concealed camera)? Since I doubt those being sued would allow someone to use their video to against them(if they haven't already deleted it).
 

cbg

I'm a Northern Girl
No. You cannot create a recording that they do not know about regardless of whether you believe they are recording you or not.
 

xylene

Senior Member
The word donation does NOT appear in prop 215

Pretending that medical marijuana revenues are donations is a tax scam.

I support legal marijuana, but doesn't mean I have to play along with people deluding themselves.

You can't pretend you are giving away your product and accepting 'donations' to help you out as part of a weed tax scheme and have contractual remedy for non-payment.

Get your donations UP FRONT. :rolleyes:
 

Derweissewolf

Junior Member
Today, 07:57 PM
cbg

No. You cannot create a recording that they do not know about regardless of whether you believe they are recording you or not.



Ok I guess that answers the main question..Thank you(and sloopjohn D too)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top