Jump to content

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

tugrow0855

By tugrow0855
in Caregiver Issues

Recommended Posts

  • Replies 129
  • Created
  • Last Reply
stonecrowe316 Advanced Member

stonecrowe316

Posted
Posted

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.

since the patient can get it any where,whos to say whos meds they were in the first place,.were those my meds or were they yours.

Link to comment
Share on other sites
Scooter Advanced Member

Scooter

Posted
Posted

I am of the belief that transfers are legal, and have been told by both attorneys and LEO that it's going to be interpreted locally until a precedent is set. I use a document during transfers with my patients, and I believe it would cover any form of transfer. I'll try to cut and paste it here:

 

I hereby aknowledge the Transfer Service of Medical Marihuana in accordance with the Michigan Medical Marihuana Statute and I have agreed to compensate the patient named on this contract for the aforementioned Transfer Service. This Service Transfer shall not be construed as nor constitute the sale of a controlled substance; the Service Transfer is in direct accordance with Section 3 Subsection (e) of the Michigan Medical Marihuana Act; i.e. "Medical use" means the aquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patients debilitating medical condition or symptoms associated with the debilitating medical condition.

 

 

Signed on This Day,

 

 

Patient Name:

 

 

Patient Signature:

 

MDCH MMP Number:

 

 

Patient Name:

 

 

Patient Signature:

 

MDCH MMP Number

Link to comment
Share on other sites
phaquetoo Advanced Member

phaquetoo

Posted
Posted

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.

 

 

Hi Jburn!

Ok I have no problem with p to p transfers unfortunatly leo does! so to make a long story short if you were growing illeagle or just going to score some smoke from you contact would you get your friends some while you were getting yours?

 

I would and have, read between the lines, I beleive if you have a problem with to much quanity on hand, I would rather see it go to some one that needs it than bury it (which i never would) you cant have to much in my opinion, but in the laws opinion you can have to much, best thing is stay low key and cover your arse! dont broadcast on here,,,I have read posts that ask waht to do with all the extra mm i have cause i want to stay in the legal limits! duh! I know i can think of some very productive ways to keep my amount rite or at least close, and there is such a thing as jars, and dirt as in bury it for a week or two, some where no one but you can find it, there is no extra mm, every thing can be used for something., oil, butter, hash, spice, tablets, you name it and there is a way to shrink your overtures!

Peace!

Link to comment
Share on other sites
phaquetoo Advanced Member

phaquetoo

Posted
Posted

My concern has been getting setup by a card carrying LEO. Too much to lose.

(maybe I shouldn't give them any ideas eh? lol)

 

 

Paranoia in this scenario is a realy good thing! use your head, now come on, if my friend (not an aquantance wanted some good mm) he would have some! If my bro was in need, Id be there with weed! and leo would not be with me, he would be at home sleeping with his waliki talkie on his chest. just like my good ole dad used to do,,,any leo that know anything about the law will not arrest you unless he is a rookie or his boss says to, the old timers who are still on duty will not mess with you, they dont want to do the paper work and they know you are going to get off in court most likely, honestly, my old man retired in 85 from the police force, in his last several yrs drunk driving was a big problem, the state gave grants to police agnecy's to work overtime and get drunk drivers, the county i lived in (macomb)at the time had the sheriffs deputys sitting outside of bars and pulling people over, my old man was the president of his local union and the p.o.a.m he wrote an article in the macomb daily and called the sheriff's dept a bunch of scabs for coming into our city(which had its own police force 72 officers at the time) and on the county rds. sat out side of bars, he had his other fellow officers find these deputys and talk to them to distract them and my dads agency refused to sit outside of bars and pull people over, him and his fellow officers of the same generation pretty much needed to be hit by a drunk driver to pull them over, so in my own expereinces in the last year i have only been messed with by wet behind the ears kids(cops with attitudes) who are looking to make a name for them selves.

Link to comment
Share on other sites
phaquetoo Advanced Member

phaquetoo

Posted
Posted

Only step into the shadows with a trusted friend...

Not some Johny come lately with a card!

 

agreed or at least some one you think is honest! and you know where im coming from,

I appreciate what you are doing for our community, how is the shop going?

I realy am interested and hope you guys get them going all over the state, and not run by the state

Peace!

Jim

Link to comment
Share on other sites
Guest Wayne

Guest Wayne

Posted
Posted

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.

I couldn't agree more but all one has to do is peruse these forums to understand that many either don't know how to protect their rights or have been given a false impression of how "open" they can be when interacting with LEO. Were you 100% right we wouldn't read of any more arrests, plea deals, and convictions of individuals who appear to "qualify" as a MM patient. Maybe tomorrow.

Link to comment
Share on other sites
master.caregiver Advanced Member

master.caregiver

Posted
Posted

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.

 

 

umm not quite 333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; presumption;

 

(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:

 

then if u look up the deffinition of medical use u get 333.26423 Definitions.

(e) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

Link to comment
Share on other sites
Highlander Advanced Member

Highlander

Posted
Posted

umm not quite 333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; presumption;

 

(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:

 

then if u look up the deffinition of medical use u get 333.26423 Definitions.

(e) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

A CG is granted protection for helping his patient with "medical use."

 

" 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:"

 

A CG is not granted the right of "medical use."

 

Nowhere in the law does it say a CG can "use" marijuana.

 

Therefore, if you sell marijuana to a CG who isn't a patient, you've sold marijuana to someone who isn't authorized to use marijuana under the act.

 

Then paragraph "D" says"

 

"(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:"

 

So the law presumes that a CG is participating in "medical use" if he meets the other requirements on limits, etc.

 

But he was never given protection for his own medical use...only to assist his patient with medical use....so who cares if there is a presumption that a CG is engaged in medical use, since he isn't protected when he engages in medical use...only for assisting his patient with medical use.

 

Your interpretation of the Act would provide for a CG to engage in medical use, including internal possession, use, consumption...smoking a joint, etc. I don't believe that the Act intends to protect a CG for smoking a joint.

Link to comment
Share on other sites
Ms Chocolate Advanced Member

Ms Chocolate

Posted
Posted

A caregiver is but an extension of the patient to which he/she is associated. That associated limit the CG to providing the patients needs. With this in mind, a CG can only provide to those patient with whom there is a legal association. A CG cannot use, transfer, or do any of the other things a patient may be allowed; and can only give care to those few who has hire (under the law),CG services from that person.

 

 

If the CG is also a patient, the actions taken would be in the role of a patient.

 

I say this mindful of the fact that without a patient, one is not a CG.

 

Let me also note that under affirmative defense you would be covered, but with the added expense of lawyers and courts.

Link to comment
Share on other sites
budhabit Advanced Member

+budhabit

Posted
Posted

When This Law was first voted on it was intended to help those who are terminally ill or with a serious illness. Here are 2 examples of these kind of patients that I am trying to help one is a middle aged woman with stage 4 breast cancer and the other is 5 year old little girl with a brain tumor both of these patients do not have the luxury of time on there sides but both have opted one being the parents of course and along with the Dr's recommendation to do the Rick Simpson cannabis oil treatment now this type treatment requires about 2 to 3 ounces a week in marijuana for this cannabis oil. Now the problem is how can these patients who so desperately need this medicine get it since the parents of this child are the only ones who can be a care giver to there child and they have no experience in growing get this medicine. And it takes roughly 4 months to produce But t they need this medicine now. So what are they suppose do. Well I decided to do something for these patients while we all argue the semantics of the law. And that is Donate and raise donations of medical marijuana at our local private CC meetings for these patients and get them the medicine the need until there Grows can produce for themselves and the Compassion Club is providing this medicine to these patients at no Cost. I felt it is better to do something that will help these patients than it would be to sit back and wait while this law is being defined and watch these patients suffer and die. So if Law enforcement would want prosecute me for help these patients even if they are registered to me so be it but they would only be hurting these patients.

 

God Bless and God Bless your Grow Budhabit Tri City Compassion Club

Link to comment
Share on other sites
phaquetoo Advanced Member

phaquetoo

Posted
Posted

umm not quite 333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; presumption;

 

(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:

 

then if u look up the deffinition of medical use u get 333.26423 Definitions.

(e) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

 

And that my friend is why we have so many grey area's in the law. People are going to push things to the limit, if you can afford to fight city or county hall, well than by all means go for it, I realy cant afford it but did any how 2 times, and i got to tell ya, I dont want to fight with them any more, I just want to be left alone, I was raised by a good man, my dad a retired cop, and I was always taught to respect cops and they are my friend, but now as an adult, I feel very different about it, my dad was a good cop, these young punks today have a hard on for every one. there realy is a quota for tickets, its not like they can fire you if you dont write enough, but these youngsters love to write tickets for any reason, im so sick of leo, I have absolutly no respect for cops now, my father is still alive, he is a good man, if a cop has less than 15 yrs in he is a gun ho idiot, and I gotta tell ya there are certain area's in MI that i have had a run in with these punks, and IM not sure I would let them arrest me next time in them towns. (yea i said let them) yea i let them, if i didnt want to get arrested, I most def could cuff them and leave them where they found me, with no keys, no clothes, and there gun would be tossed as far as i could throw it, phaqing punk cops gotta not like them!

Link to comment
Share on other sites
phaquetoo Advanced Member

phaquetoo

Posted
Posted

When This Law was first voted on it was intended to help those who are terminally ill or with a serious illness. Here are 2 examples of these kind of patients that I am trying to help one is a middle aged woman with stage 4 breast cancer and the other is 5 year old little girl with a brain tumor both of these patients do not have the luxury of time on there sides but both have opted one being the parents of course and along with the Dr's recommendation to do the Rick Simpson cannabis oil treatment now this type treatment requires about 2 to 3 ounces a week in marijuana for this cannabis oil. Now the problem is how can these patients who so desperately need this medicine get it since the parents of this child are the only ones who can be a care giver to there child and they have no experience in growing get this medicine. And it takes roughly 4 months to produce But t they need this medicine now. So what are they suppose do. Well I decided to do something for these patients while we all argue the semantics of the law. And that is Donate and raise donations of medical marijuana at our local private CC meetings for these patients and get them the medicine the need until there Grows can produce for themselves and the Compassion Club is providing this medicine to these patients at no Cost. I felt it is better to do something that will help these patients than it would be to sit back and wait while this law is being defined and watch these patients suffer and die. So if Law enforcement would want prosecute me for help these patients even if they are registered to me so be it but they would only be hurting these patients.

 

God Bless and God Bless your Grow Budhabit Tri City Compassion Club

 

you my friend are a true compasionate person! I would do the same in your situation. why dont you start a thread on here in patient issues, and see if you cant get some donations from here, im sure there are many who would help, in fact I know there are many who would help, this child is in need of meds, and we all know how much it takes to make oil,,I have been given samples of certain oils from this site, im sure if any of them good people are reading this they will help you also! we need more people like you in this world, I whole heartedly support you and what you are doing for these patients, and I thank you!

Peace and GOD Bless you!

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

Go to topic listing
×
×
  • Create New...