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marijuana. Petitioner was regularly and extensively involved in
the provision of caregiving services, and those services are
substantially different from petitioner’s provision of medical
marijuana. By conducting its recurring discussion groups,
regularly distributing food and hygiene supplies, advertising and
making available the services of personal counselors,
coordinating social events and field trips, hosting educational
classes, and providing other social services, petitioner’s
caregiving business stood on its own, separate and apart from
petitioner’s provision of medical marijuana. On the basis of all
of the facts and circumstances of this case, we hold that
petitioner’s provision of caregiving services was a trade or
business separate and apart from its provision of medical
marijuana.
Respondent argues that the “evidence indicates that
petitioner’s principal purpose was to provide access to
marijuana, that petitioner’s principal activity was providing
access to marijuana, and that the principal service that
petitioner provided was access to marijuana * * * and that all of
petitioner’s activities were merely incidental to petitioner’s
activity of trafficking in marijuana.” We disagree.
Petitioner’s executive director testified credibly and without
contradiction that petitioner’s primary purpose was to provide
caregiving services for terminally ill patients. He stated:
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