- 19 - 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:Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007