When Is A Cg Legally Clear To Provide Or Grow For A Pt?

[continuobrisa]

(Oh happy day!!) Or you could ask the voters!!

 

registered or unregistered .. on the ballot

 

Since it can be a unregistered caregiver then the card/20day stuff doesn't apply. That means the time is the moment there is a verbal agreement between them. At that moment, the AD section of the law protects them.

 

Well communicated PB! This is how I understand it too.

[Danielshemp]

(Oh happy day!!) Or you could ask the voters!!

 

registered or unregistered .. on the ballot

 

Since it can be a unregistered caregiver then the card/20day stuff doesn't apply. That means the time is the moment there is a verbal agreement between them. At that moment, the AD section of the law protects them.

 

 

 

 

Finally, an informed reply. Thank you PB. Look everyone, if a person asks questions in this forum that pertain to the MMMact, then all that person is going to get are opinions. If a person is looking for facts, then read the law. If a person doesn't understand the law, then ask an attorney. Don't ask the bozos that post here.

[Ms Chocolate]

You are deemed a legal medical marihuana patient as soon as the doctor signs your paperwork. From this point, you can go where you go, and acquire what you need to acquire.

 

As a MDCH registered MMJ patient, you are afforded limited, but (supposedly) guaranteed protections (like protection from arrest and forfeits).

This is where the 21-day period comes into play. A grower becomes a CG at the some time as her/his patient is recognized by the State. A caregiver can dispense on that 21st day. As a CG, I would feel more comfortable with a card in my hand.

 

To be a caregiver, you must be aligned with a registered patient. Caregivers can only legally trade with their appointed patients. Keep in mind that what is dispensed is reducing what is available for established patients.

 

NOTES: Patients are NOT required to register, thus, are more open to arrest. If ingesting it will get you high, then it is usable material.

 

"If a person doesn't understand the law, then ask an attorney". All attorneys are not knowledgeable about all things!

[peanutbutter]

You are deemed a legal medical marihuana patient as soon as the doctor signs your paperwork. From this point, you can go where you go, and acquire what you need to acquire.

 

As a MDCH registered MMJ patient, you are afforded limited, but (supposedly) guaranteed protections (like protection from arrest and forfeits).

This is where the 21-day period comes into play. A grower becomes a CG at the some time as her/his patient is recognized by the State. A caregiver can dispense on that 21st day. As a CG, I would feel more comfortable with a card in my hand.

 

To be a caregiver, you must be aligned with a registered patient. Caregivers can only legally trade with their appointed patients. Keep in mind that what is dispensed is reducing what is available for established patients.

 

NOTES: Patients are NOT required to register, thus, are more open to arrest. If ingesting it will get you high, then it is usable material.

 

"If a person doesn't understand the law, then ask an attorney". All attorneys are not knowledgeable about all things!

 

Hi Chocolate

 

Please note that section 8 of the law, the affirmative defense, applies to unregistered patients AND caregivers.

And the question asked of the voters was to allow both registered and UNREGISTERED patients AND CAREGIVERS.

 

A caregiver relationship can exist without a state ID card.

 

It's going to take a while before the state realized that the ID program is not required. One of those times when it becomes expensive to be right.

 

Not safe right now .. but there nonetheless.

[Ms Chocolate]

Please note that section 8 of the law, the affirmative defense, applies to unregistered patients AND caregivers.

A caregiver relationship can exist without a state ID card.

Peanut Butter, I agree that our law covers all patients who process a doctor's statement. Reading Section 8, the term "a patient and a patient's primary caregiver" is used, just as the term "a person" is used. While much focus is placed on the registration aspect, its protection is limited. Anyone with a doctor's statement can claim under Section 8.

 

Help me in understanding what a caregiver is. As the law is written, is the person not registered, considered a caregiver? I have been with the impression that the term "caregiver" applied to those people who are registered with the State. If an unregistered person is a GC, how is this proven, AND how do we justify Rule 15(1) and 27(2) (a)?

 

BTW - the AD is not addressed in the Rules.

[peanutbutter]

Peanut Butter, I agree that our law covers all patients who process a doctor's statement. Reading Section 8, the term "a patient and a patient's primary caregiver" is used, just as the term "a person" is used. While much focus is placed on the registration aspect, its protection is limited. Anyone with a doctor's statement can claim under Section 8.

 

Help me in understanding what a caregiver is. As the law is written, is the person not registered, considered a caregiver? I have been with the impression that the term "caregiver" applied to those people who are registered with the State. If an unregistered person is a GC, how is this proven, AND how do we justify Rule 15(1) and 27(2) (a)?

 

BTW - the AD is not addressed in the Rules.

 

"BTW - the AD is not addressed in the Rules." Yep .. it sure isn't. That is because it is outside the control of the MDCH.

 

There are areas that are outside of their rules and control.

 

How do I justify one of their rules? Actually I never read the rules. I read the law. Some of the rules are opposed to the law.

 

At first the MDCH made a power grab attempt. They tried to put inspections into the rules in DIRECT conflict with the law. IOW they tried to make a rule that breaks the law.

 

So early on it became very clear to me that if the two conflict, the law wins.

 

Within the context of the medical marihuana act, a caregiver is someone that grows for and/or provided marijuana for a patient.

 

Section 3 (g) "Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs.

 

How would that be proven? I guess just ask the two people in court. If needed.

 

BTW The AD section does not require a caregiver to be limited to five people.

 

Very early on in the MMMA(1) site, I posed the question about mixed caregivers.

That is a caregiver who had both registered and unregistered patients. How would you count things. And how would you prevent unnecessary arrests for such a location.

[+420Atheist]

Finally, an informed reply. Thank you PB. Look everyone, if a person asks questions in this forum that pertain to the MMMact, then all that person is going to get are opinions. If a person is looking for facts, then read the law. If a person doesn't understand the law, then ask an attorney. Don't ask the bozos that post here.

 

And what is an attorney going to give you? His opinion on the law. Sure he is infinitively more qualified than a layman however the people here have a lot of experience in the real world interpretation of the law by LEO, prosecutors and judges. I am convinced that the information here is much better than probably 95% of the attorneys can give. I have a good friend that is an attorney and at this point he is using what I am learning here as a starting point for his research. There are very few attorneys who are well educated in the law and more importantly the arguments that prosecutors are currently using to attempt to circumvent the affirmative defense in court.

 

Sure anyone here can give advice and some is dead wrong. You have to read a lot and use some critical thinking skills but in the end the people here are very well informed about this law and their advice should not be dismissed over a cold reading of the law if you wish to remain out of jail.

[Guest Medicinal Patient]

We look out twenty one days and they must have proof that the state check was cashed. They can recieve product on day 21. I will not let someone suffer just because the state is slow or some caregiver has forgotten about the term "compassion." After seeing several friends go into cancer treatment and how ill they were It would never occur to me to NOT provide a medical solution for them on an immediate basis. Chemotheraphy will not wait until all of the I are dotted and t are crossed.

 

Why would any caregiver wait beyond the twenty one days(MORE like 100 days to get the card) and then get clones and then another 8-10 weeks to harvest and then another two weeks (or more) to provide a medicine. Sounds like the drug companies..or even worse. ANDDDDD if you are a caregiver and do not have any surplus product then you are not a very good caregiver to begin with.

 

Sorry but really fed up today with caregivers who can not supply meds as promised or have ridiculas time lines.

 

BRAVO!!

[Ms Chocolate]

Within the context of the medical marihuana act, a caregiver is someone that grows for and/or provided marijuana for a patient.

 

BTW The AD section does not require a caregiver to be limited to five people. Very early on in the MMMA(1) site, I posed the question about mixed caregivers.

That is a caregiver who had both registered and unregistered patients. How would you count things. And how would you prevent unnecessary arrests for such a location.

I do know that the 2.5, 12 plants, and CG’s limits are items/protections afforded by registration. We are all covered by the AD. What was not clicking was protection for unregistered salespersons.

 

So, Peanut butter, if I’m understanding you; under the AD I can sell to anyone. If the person I sale to has a card or doctor’s statement, and the amount sold is a reasonable amount, I can submit a MOTION TO DISMISS?

 

I the purchaser has no doctor’s statement; I would have to prove the sale was to benefit the purchaser’s health, and that the amount received was reasonable for the patient’s condition, and submit that with a MOTION TO DISMISS?

 

So the answer to the early question: “Would the seller on the street be protected?” The answer is yes?!

[peanutbutter]

I do know that the 2.5, 12 plants, and CG’s limits are items/protections afforded by registration. We are all covered by the AD. What was not clicking was protection for unregistered salespersons.

 

So, Peanut butter, if I’m understanding you; under the AD I can sell to anyone. If the person I sale to has a card or doctor’s statement, and the amount sold is a reasonable amount, I can submit a MOTION TO DISMISS?

 

I the purchaser has no doctor’s statement; I would have to prove the sale was to benefit the purchaser’s health, and that the amount received was reasonable for the patient’s condition, and submit that with a MOTION TO DISMISS?

 

So the answer to the early question: “Would the seller on the street be protected?” The answer is yes?!

 

Selling to a patient that doesn't even have a doctors letter yet is reckless.

 

Your ability to get your case dismissed will depend on that patient getting their doctors letter before YOU get into court.

 

How much trust do you place in the patient (the one without the letter yet) that you are selling to? Is this like your mother or something? Can you trust them to back you that much?

 

And as I said before .. It can be very expensive to be right.

[Danielshemp]

And what is an attorney going to give you? His opinion on the law. Sure he is infinitively more qualified than a layman however the people here have a lot of experience in the real world interpretation of the law by LEO, prosecutors and judges. I am convinced that the information here is much better than probably 95% of the attorneys can give. I have a good friend that is an attorney and at this point he is using what I am learning here as a starting point for his research. There are very few attorneys who are well educated in the law and more importantly the arguments that prosecutors are currently using to attempt to circumvent the affirmative defense in court.

 

Sure anyone here can give advice and some is dead wrong. You have to read a lot and use some critical thinking skills but in the end the people here are very well informed about this law and their advice should not be dismissed over a cold reading of the law if you wish to remain out of jail.

 

Apparently, you misunderstood. I said read the law and if questions remain, then ask an attorney. By the way, I assume you know 95% of the attorneys that are able to give advice on the subject.

 

I suggest that one read section 4i, then read the definition of medical use of marijuana. Anybody that provides medical marijuana to a registered patient is protected by the law.