Can Garegivers Provide Medicine, To Patients Other Then His Own.

[tugrow0855]

Hey everybody, I have a simple question for anybody that can help. I am a caregiver here in Michigan, Im newer so my medicine is still in the veg room. Anyways I have two questions. My first one is, am I able to provide other patients(other than my own) with medicine? My brother and I are looking into starting a Compassion Club. Theres alot more of what were working on, a service that provides many different services. Dispensary, therepy,support groups smoking assories, growing equipment. Well you get the point. I need a good reliable website or something that can be of good help to get us on our feet. And of course please tell me your thought on opening a dispensary.

I look foward to hearing from anybody. I think that this change if a blesssing for so many people. Im really happy to be a part of something so benificial to soo many careing peeople. PEACE.

[HeavenlyHemp]

To answer ur question NO you can't supply patients other then yours there own medicine.

[Guest jburnsrubr]

dont listen to this guy. you absolutely can. that is the spirit of the law if you both have cards. time to flush out all these negative people.

[UrbanFarmer]

Hey everybody, I have a simple question for anybody that can help. I am a caregiver here in Michigan, Im newer so my medicine is still in the veg room. Anyways I have two questions. My first one is, am I able to provide other patients(other than my own) with medicine? My brother and I are looking into starting a Compassion Club. Theres alot more of what were working on, a service that provides many different services. Dispensary, therepy,support groups smoking assories, growing equipment. Well you get the point. I need a good reliable website or something that can be of good help to get us on our feet. And of course please tell me your thought on opening a dispensary.

I look foward to hearing from anybody. I think that this change if a blesssing for so many people. Im really happy to be a part of something so benificial to soo many careing peeople. PEACE.

 

The law doesn't clearly say that YES you can. Nor does it clearly say that NO you cannot.

It leaves it open to how you read it, and how you interpret what you read.

For the most part, law enforcement has been interpreting it to read NO.

 

There are quite a few good threads on here debating this that you will probably find pretty interesting.

Read one yesterday that seem to make sense, and argued that you could provide meds to other

patients because the law says caregivers can assist "a" patient, as opposed to saying "their" patient.

 

Not sure if you want to have that argument with a police officer though, cause right now, as you can see

from the two previous replies, confusion reigns, lol. A patient was arrested in Royal Oak for not buying

from their assigned caregiver, which is clearly in conflict with the law, but not according to that prosecutor.

 

At the very least, make sure that everyone has their cards in hand!

[Highlander]

dont listen to this guy. you absolutely can. that is the spirit of the law if you both have cards. time to flush out all these negative people.

 

There are negative people and then there are people who have taken the time to consult with legal professionals in order to provide sound advice.

 

The Act is pretty clear. It states:

 

The presumption [of medical use…in this case “transfer”] 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.

 

It is pretty simple…if you have some marijuana and you do something with it (in this case, transfer to another patient) then that something better alleviate YOUR qualifying medical condition…otherwise that transfer isn’t protected.

 

If you are a patient and give marijuana to another patient, how does that alleviate your medical condition? It doesn’t, so you are not protected from arrest. The affirmative defense may get you off the hook - after you are dragged through the courts.

 

I’d like to know where you formed this opinion and why you are so absolute. Did Victor Vicious say on the radio that p2p transfers are legal? Or did you pick this up from one of the many people who want sooo badly for p2p transfers to be protected?

 

Your conduct with marijuana must be for the purpose of alleviating your condition…This is black and white.

I have yet to hear one qualified legal professional articulate how/why p2p transfers are legal/protected under the act.

 

Please read Rhode Island’s MMA: http://www.rilin.state.ri.us/PublicLaws/law05/law05443.htm

The protections granted are EXACTLY the same as in MI. Our law was modeled on theirs….and the Rhode Island legislature has seen fit to specifically add p2p transfers as allowable under an amendment…..because their Act didn’t. Are all of you who grandstand that p2p transfers are protected suggesting that you have more legal saavy than the entire Rhode Island State Legislature, the congressional judiciary committees, and the courts?

 

Believe what you want, but please don’t present this view as absolute. It confuses people and will likely get someone into trouble.

[Highlander]

The law doesn't clearly say that YES you can. Nor does it clearly say that NO you cannot.

 

You are right, the Act doesn't specifically "no you can't." But it also doesn't say that you can't feed marijuana to your dog or glue it all over your body and run naked through the street.

 

What the law does say is that a patient's conduct with MJ must be for the purposes of alleviating his qualifying condition. Giving Mj to another patient doesn't alleviate your condition. Therefore, the Act does not protect that action.

[Guest jburnsrubr]

the biggest problem we have right now is people acting afraid or being scared. this is like what i would call benchracing. get over it and quit talking about it. my new attitude is people who are negative on p2p are gonna be sitting on the sidelines while the movement keeps going. its a movement, so move forward. maybee its easier for people like me who do not have much to lose.

[Highlander]

the biggest problem we have right now is people acting afraid or being scared. this is like what i would call benchracing. get over it and quit talking about it. my new attitude is people who are negative on p2p are gonna be sitting on the sidelines while the movement keeps going. its a movement, so move forward. maybee its easier for people like me who do not have much to lose.

 

It isn't just about what I have to lose; it is also about what my five registered patients could stand to lose. As a caregiver, it is my job to ensure that my patients have an uninterrupted supply of meds. If every registered caregiver does the same, there would not be a need for p2p transfers. I would gladly donate to a legal defense fund for a patient to test p2p transfers in court.

[Mr Green Jeans]

So every compassion club is really illegal?

[classact67]

What about the Liberity Clinic in Ann Arbor? They are still open and "medicating" there people,If your are a card holder you can go there and get what you wont. If its Cool for me to have "medication as a card holder and you as a card holder can have the same amount,However it is not cool for to give this to you? Yeah right. just drop the stuff on the ground. Then it no ones. If I pick that up and I can have said "medication" What's the problem??Just DON'T deal with NON-CARD holders. If the CLINIC stays open for what 1 mouth ,2 mouths how about 1 year then will that finally put this issuse to rest?? I believe it will. So with that just sit tight guys this will work its self out.

[peanutbutter]

If every registered caregiver does the same, there would not be a need for p2p transfers.

There are a lot of patients that don't have caregivers. There is not a change in the definition that takes place when a patient does not have a caregiver.

 

No line like "if the patient does not have a caregiver, then "transfer" is NOT "medical use" for that patient.

 

That patient can "acquire", "deliver" and "transfer" marijuana and those actions are "medical use."

 

This law was intended to allow the patients of Michigan to lawfully obtain and consume marijuana. In order to do so, at this time, all of those listed actions must be allowed to take place.

[classact67]

There are a lot of patients that don't have caregivers. There is not a change in the definition that takes place when a patient does not have a caregiver.

 

No line like "if the patient does not have a caregiver, then "transfer" is NOT "medical use" for that patient.

 

That patient can "acquire", "deliver" and "transfer" marijuana and those actions are "medical use."

 

This law was intended to allow the patients of Michigan to lawfully obtain and consume marijuana. In order to do so, at this time, all of those listed actions must be allowed to take place.

That is by far the best anwser that has been writen on here about this topic.I never even thought of it like that however YES it does cover your as on transfer of "meds".Then as a patient "I'm just out getting my" "meds". A Great responds Peanutbutter.

[peanutbutter]

A patient was arrested in Royal Oak for not buying

from their assigned caregiver, which is clearly in conflict with the law, but not according to that prosecutor.

 

At the very least, make sure that everyone has their cards in hand!

 

That patient doesn't even have a caregiver!

 

To apply the law toward a view that p2p transfers are against the law, would require every such patient to commit at least one crime.

 

On the other hand, to view p2p as legal, there is no such requirement to commit a crime.

[Highlander]

There are a lot of patients that don't have caregivers. There is not a change in the definition that takes place when a patient does not have a caregiver.

 

No line like "if the patient does not have a caregiver, then "transfer" is NOT "medical use" for that patient.

 

That patient can "acquire", "deliver" and "transfer" marijuana and those actions are "medical use."

 

This law was intended to allow the patients of Michigan to lawfully obtain and consume marijuana. In order to do so, at this time, all of those listed actions must be allowed to take place.

 

Well stated, but I believe that every patient should have a CG and also be a CG themselves if possible...makes a nice web for med transfers. Then apply my earlier statement...Every CG should be able to ensure that his patient has an uninterrupted supply of meds. We can operate in the black and white and make the grey areas moot if we play it smart.

[peanutbutter]

Well stated, but I believe that every patient should have a CG and also be a CG themselves if possible...makes a nice web for med transfers. Then apply my earlier statement...Every CG should be able to ensure that his patient has an uninterrupted supply of meds. We can operate in the black and white and make the grey areas moot if we play it smart.

OK .. maybe they should .. But many don't.

 

There has been a long running promotion that said the law makes it legal to have but not legal to obtain.

 

If this were true, then simply having the medicine would be proof of a crime having taken place.

 

In that case, it would be impossible to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition. As such would require a violation of law.

 

If you MUST view it that way then section 7(e) would apply.

 

Section 7 (e)All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.

 

This means that the controlled substance act does not apply to "medical use." Any part that would prevent a 100% lawful method to do this "medical use" would not apply.

 

To allow a 100% lawful means for a patient to medicate, p2p transfers must be lawful. Even if it is only the very first time for seeds or cuttings.

[philanthropy]

Hey everybody, I have a simple question for anybody that can help. I am a caregiver here in Michigan, Im newer so my medicine is still in the veg room. Anyways I have two questions. My first one is, am I able to provide other patients(other than my own) with medicine? My brother and I are looking into starting a Compassion Club. Theres alot more of what were working on, a service that provides many different services. Dispensary, therepy,support groups smoking assories, growing equipment. Well you get the point. I need a good reliable website or something that can be of good help to get us on our feet. And of course please tell me your thought on opening a dispensary.

I look foward to hearing from anybody. I think that this change if a blesssing for so many people. Im really happy to be a part of something so benificial to soo many careing peeople. PEACE.

 

 

 

here is a link to the most informative thread you will find about this issue. it is FULL of law quotes so you can make your own, and some opinions are already posted for you to contemplate.

 

patient to patient cg to cg transfers

 

in my opinion transfer to anyone with a card is 100% legal.

[kruztydj]

here is a link to the most informative thread you will find about this issue. it is FULL of law quotes so you can make your own, and some opinions are already posted for you to contemplate.

 

patient to patient cg to cg transfers

 

in my opinion transfer to anyone with a card is 100% legal.

 

My answer to ya is NO but I'm no lawyer. From all my readings and talking with several attorneys on this subject the answer is,,,,,,,,,, NO.Read the post offered as this has been hashed over a few times. You have to make the call and I would consult a GOOD attorney before jumpin off the deep end.Telling the judge that we told ya a dispens was ok wont help ya none if ya get busted.You'll need piles of law qoutes to convince him your within the laws. He'll careless about the MMMA and our thoughts.

[placek]

Not really sure why it aLWAYS GETS side tracked into multiple topics under one question.... Simple. Assigned caregiver supplies other caregivers their patient needs. If Patient is his caregiver(YES IT"S ON THE FORM) then Caregiver to onother Patient other than his 5 is legal.... I start out a patient that needs help and knows nothing, then they renew with themselves as caregiver so they can take over their growing of supply.......I know givers...NO MONEY ....Here to help ONLY............The World is a Vampire...alway sucking the life out of the weak........Happy Growing.......Yes you may contact me......

[JayBuds]

good question ..I dont know how many prosecuters would take this kind of case

[Guest Wayne]

If LEO puts anyone you provide medical marijuana to under enough pressure to provide information you may have an issue if you are not that individuals designated caregiver. Otherwise..................................... proceed with caution and always express your convictions to comply with the law. Good luck.

[bobandtorey]

My answer to ya is NO but I'm no lawyer. From all my readings and talking with several attorneys on this subject the answer is,,,,,,,,,, NO.Read the post offered as this has been hashed over a few times. You have to make the call and I would consult a GOOD attorney before jumpin off the deep end.Telling the judge that we told ya a dispens was ok wont help ya none if ya get busted.You'll need piles of law qoutes to convince him your within the laws. He'll careless about the MMMA and our thoughts.

Hello i think you both are right just don't get caught

[philanthropy]

If LEO puts anyone you provide medical marijuana to under enough pressure to provide information you may have an issue if you are not that individuals designated caregiver. Otherwise..................................... proceed with caution and always express your convictions to comply with the law. Good luck.

 

why would a medical patient be scared of an LEO and feel the need to be pressured? medical patients are protected by the law. why would someone give up their beliefs/rights?

 

we just need to always stay bound together. the only problem is that there is not enough education about the law. and with the law being new, there hasn't been enough interpretation and debate performed to really understand everything. we need to spread education of the law, so that we can not have to worry about our rights being violated.

 

best way to start, is print yourself a copy of the law off the state website, carry it, and read it. its only 6 pages.

[Highlander]

 

in my opinion transfer to anyone with a card is 100% legal.

 

Careful with this. If you transfer to a CG with a card but who is not a patient...and he hands you money...you may have problems...

 

Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not allowed to use marihuana for medical purposes under ....... is guilty of a felony punishable by imprisonment for not more than 2 years ....

 

I drop the 100% legal part of your assertion.

[Highlander]

edited double post

[UrbanFarmer]

here is a link to the most informative thread you will find about this issue. it is FULL of law quotes so you can make your own, and some opinions are already posted for you to contemplate.

 

patient to patient cg to cg transfers

 

in my opinion transfer to anyone with a card is 100% legal.

 

I liked that thread as well. Convincing arguments, but might not be convincing to leo.

 

Also, let's remember the original question: cg to pt transfers other than their own.

Pt2Pt seems pretty safe. Cg to non-assigned pt is the one that concerns me.

 

Probably 70% of the cardholders that contact me are primarily interested in just

purchasing meds more so than they are in getting/having an assigned caregiver, for various reasons.

 

So far, just to err on the safe side, I've refused to provide meds to anyone other my own patients.

Which is a bit of a bummer because I really wished I could've help some of them, but with the vagueness

of providing meds to non-assigned pt's, I'm reluctant to even give them free meds, let alone risk

being caught selling to them.