Caregiver Question

[Fishboy1276]

Hi new to the forum and looking into becoming a caregiver for a family member. My question is can you become a caregiver just to purchase and treat a patient or is a caregiver licensed only with the intention of them becoming a grower? My wife would like to become a caregiver to obtain and treat her father.

 

Any thoughts would be appreciated.

[lkline300]

caregiver 2 caregiver transfers are not the norm. If you have the resources it could work, but caregivers take care of their patients first. Not all caregivers feel safe with this either. I would think if you both become caregivers one of you might want to produce medicine, maybe at a patients house? That would keep you supplied (with less expense) & keep you out of any misunderstandings (grey area).

 

have a great day

 

 

 

PS. can someone please make this snow go away !!!!!!!!!!!!!!!!

[MLM]

Hi new to the forum and looking into becoming a caregiver for a family member. My question is can you become a caregiver just to purchase and treat a patient or is a caregiver licensed only with the intention of them becoming a grower? My wife would like to become a caregiver to obtain and treat her father.

 

Any thoughts would be appreciated.

 

Yes, because you are a caregiver you may obtain medicine from whomever you chose.

 

 

MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)

Initiated Law 1 of 2008

 

333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; presumption; compensation; physician subject to arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or vicinity to medical use of marihuana; registry identification issued outside of department; sale of marihuana as felony; penalty.

 

 

 

4. Protections for the Medical Use of Marihuana.

 

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

 

(B) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with this act, provided that the primary caregiver possesses an amount of marihuana that does not exceed:

 

(1) 2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the department's registration process; and

 

(2) for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility; and

 

(3) any incidental amount of seeds, stalks, and unusable roots.

 

© A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.

 

(d) There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana in accordance with this act if the qualifying patient or primary caregiver:

 

(1) is in possession of a registry identification card; and

 

(2) is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.

 

And,

 

333.26428 Defenses.

 

 

 

8. Affirmative Defense and Dismissal for Medical Marihuana. Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

 

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

 

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

 

(B) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

 

© If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

 

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

 

(2) forfeiture of any interest in or right to property.

[Pot Pharmer]

Hi new to the forum and looking into becoming a caregiver for a family member. My question is can you become a caregiver just to purchase and treat a patient or is a caregiver licensed only with the intention of them becoming a grower? My wife would like to become a caregiver to obtain and treat her father.

 

Any thoughts would be appreciated.

 

To answer your question concisely, yes you can become a caregiver without growing plants. If you know a source for cannabis (whether or not it is from a "legal" source) you can legally acquire said "medication" for your patient. The law protects you if you can prove that you are a legit caregiver for a legit patient. If caught in the act of acquiring, you will likely go to jail, because policemen are not attorneys. They would rather confine someone who may be innocent, than overlook someone who may be committing a crime. We pay them to do this, and should not begrudge them trying to remove this evil plant from the unsuspecting hands of the first graders that we all conspire to corrupt. (wink)