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State of Vermont Only Allows 1,000 Patients to Use Medical Marijuana Dispensaries
by Medical Marijuana Club
Wednesday Feb 1st, 2012 12:09 PM
State of Vermont pits medical marijuana patients
against the federal government because the
state dispensary law only allows 1,000 patients
to participate ,and that is a violation of the
federal ADA, but the state believes the federal ADA
does not apply to medical marijuana patients.
Is the State of Vermont unlawfully bullying
medical marijuana patients
by only allowing 1,000 of them
to participate in using the
new medical marijuana dispensaries in Vermont?

Isn't it a violation of the Americans with Disabilities Act
to only allow 1,000 severely ill people
to participate in a state authorized facility?

Just because the state authorized facilities
are medical marijuana dispensaries, does that
negate the patients' protection under the ADA?

No severly disabled person would even consider having to bribe
State Police employees acting on behalf of
the State of Vermont (the ones who make the decision
to issue medical marijuana cards even though they aren't doctors
and the doctor has "prescribed" it), but for the fact that the new law of the
State of Vermont only allows 1,000 persons to use a medical
marijuana dispensary at any one time.
No. 65. An act relating to registering four nonprofit organizations to dispense
marijuana for symptom relief. (S.17)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 18 V.S.A. chapter 86, subchapter 2 is amended to read:
Subchapter 2. Marijuana for Medical Symptom Use by Persons with Severe Illness
Section 4472. Definitions.....
Section 4474f. Dispensary Application, Approval, and Registration(a)(1)
(page 25 of 39) (H) (2) (b) The total statewide number of registered patients who have designated a
dispensary shall not exceed 1,000 at any one time.

The Americans with Disabilities Act, Title III Technical Assistance Manual
Covering Public Accomodations and Commercial Facilities
November 1993
U.S. Department of Justice, Civil Rights Division, Disability Rights Section
III-2.1000 General. Title III of the ADA prohibits discrimination against any
"qualified individual with a disability."

If there become 1001 cancer patients in Vermont, then you cannot
discriminate against the most recent one (1) because the State of Vermont
decided to allow only 1000 patients to have medical marijuana cards.

III-3.6000 Retaliation or coercion. Individuals who exercise their rights under
the ADA, or assist others in exercising their rights, are protected from retaliation.

III-8.1000 General. The ADA establishes two avenues for enforcement of the
requirements of title III:
(1) Private suits by individuals who are being subjected to discrimination or who have
reasonable grounds for believing that they are about to be subjected to discrimination.;
(2) Suits by the Department of Justice, whenever it has reasonable cause to believe
that there is a pattern or practice of discrimination, or discrimination that raises an
issue of general public importance. The Department will investigate complaints and
conduct compliance reviews of covered entitites.

Therefore, not only do the medical marijuana dispensaries violate federal
marijuana laws,
but they violate the ADA if only 1,000 persons in Vermont are allowed
to have medical marijuana cards.

The Department of Justice can intervene in any civil action under the ADA that any disabled
person files if the State of Vermont denies them a medical marijuana card on the
basis of discrimination that they will only allow 1,000 people to have
a medical marijuana card,
which discriminates against all other disabled persons
who would otherwise qualify for a medical marijuana card in Vermont.

The Americans with Disabilities Act, Title II Technical Assistance Manual
Covering State and Local Government Programs and Services
November 1993, U.S. Department of Justice, Civil Rights Division, Disability Rights Section

II-3.7100 Contracting. A public entity may not discriminate on the basis of disability in
contracting for the purchase of goods and services.
(the "goods" being marijuana, and the "services" being the cultivation and growing
of marijuana in the medical marijuana dispensary business licensed by the State of Vermont.)

Again, you can't limit the number of otherwise qualified disabled persons to receive
a medical marijuana card in Vermont.

II-2.1000 General. Title II of the ADA prohibits discrimination against any "qualified
individual with a disability."

etc., I could go on all day browsing these two technical assistance manuals and
picking out sections that would be violated
if the State of Vermont discriminates
agains qualified individuals who would otherwise be eligible
for a medical marijuana card
if the State of Vermont did not put a "cap" on the limit of patients to only
allowing 1,000 persons medical marijuana cards.

: All Vermont State Marijuana
Laws and Medical Marijuana Laws should be REPEALED.
Repeal, repeal, repeal.
Because there are so many Federal marijuana laws that it is a fraudulent
"double billing" against taxpayers to waste Vermont State tax dollars hounding
and stalking people for marijuana when you could simply leave it all up to the
Search for marijuana laws, spell it two ways, marijuana with a j and marijuana with an h.
The federal government has cleverly concealed how many federal marijuana laws there
actually are by publishing some laws under one spelling and some under another.

Comments  (Hide Comments)

The new medical marijuana law only allows four
non-profits to operate at any time growing and
dispensing medical marijuana in Vermont. They
are required to pay the State of Vermont $30,000. a year for the
privilege of running a non-profit medical marijuana business.

Excuse me, but I'm a little leery of this. It runs against
the grain of how I think of a non-profit.

Is a $30,000.00 annual fee charged to a non-profit agency
just for the privilege of running their non-profit business,
an act of embezzlement by the State of Vermont?

No. 65. An Act relating to registering four nonprofit organizations to
dispense marijuana for symptom relief.

pg. 26 of 29, Section 4484f.
Dispensary Application, Approval, and Registration
(c) Each application for a dispensary registration certificate shall include all
of the following:
(1) A nonrefundable application fee in the amount of
$2,500. paid to the department of public safety...

pg. 28 of 29
(g) After a dispensary is approved
but before it begins operations,
it shall submit the following to the department of public safety:...
(4) A registration fee of $20,000.00 for the first year of operation,
and an
annual fee of $30,000.00 in subsequent years.

Pg. 38 of 39, Sec. 3a. Appropriation.
The amount of $108,500.00
is appropriated from the registry fee fund in fiscal year 2012
to the department of public safety for the performance of the
department's responsibilities under this act.

This doesn't even add up. If four Non-Profit agencies pay the State of Vermont $20,000.00 each the first year, then that equal $80,000.00
They also already paid $2,500. each application fee for a total of $10,000.00
for the four of them; and that adds up to $90,000.00

So, the State of Vermont seems to be planning on accepting enough application fees, and not making any decisions on the applications, until
they get up to a total of $108,500.00 with all the $2,500. application fees.

In other words, it looks like the State of Vermont is seriously and willfully and intentionally baiting the hook for suckers.