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How Does A Caregiver Legally Supplement ?


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OK so in the well thought out mmm law that passed, if I read it correctly last year it sounds like if my patient was waiting for their medicine because it was still in the grow process, I could find them some on the "street" to supplement. My wife and I were talking and are wondering if that is truly the case and if so how does that work. If a cop caught us in the deal, would we both go to jail or just the non carded dealer? would the product be taken from myself and my patient as evidence? Does it all depend on who is holding the product at the time? How does all that work?

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well your right all of the above could happen its also possible that you could be taken to jail temporarily also I think it really depends on the amount and the situation and the police officer. If its under an ounce likely you would just be given a ticket to appear in court or at least the non-carded person who sold it to you.

 

Really if its not a cop that sold it to you then there is likely no way to incriminate the person who doesn't have it in their possession unless you or he/she talks and believe me they will try to get you to say where you got it from and likely make a lot of threats that they cant follow thru with possibly on your family and your self, hold your ground and invoke your right to remain silent but be polite and cooperative as possible without giving up any information.

 

 

Remember its the police officers job to uphold the law and make arrest and write tickets. It the job of the judge to determine who is right so they will do anything they can to make arrest and file charges. If there is a small chance they are going to get a conviction then they are all over it and the MMJ laws are pretty "grey" meaning they have a chance and it should be left up to judge and jury.

 

Yes the law is that you can buy it on the street and your not breaking the law here only the seller would be.

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Yes the law is that you can buy it on the street and your not breaking the law here only the seller would be.

 

I disagree. I believe the seller is also protected. The entire transaction, call it either "delivery" or "transfer," is a legal transaction as long as it is for the benefit of the patient.

 

As for taking the medicine .. the officer would be breaking the law if he/she were to take the medicine from you.

 

Yes .. they are still breaking the law. Inside the law they are strictly forbidden from taking the medicine from you:

 

Section 4 (h) Any marihuana, marihuana paraphernalia, or licit property that is possessed, owned, or used in connection with the medical use of marihuana, as allowed under this act, or acts incidental to such use, shall not be seized or forfeited.

 

aka 333.26424 (h)

 

It is against the law to seize or forfeit the medicine. Seize is what the police do and forfeit is what the judge would do.

 

It is strictly forbidden for the police to take it and strictly forbidden in the law for the judge to keep it.

 

If the take it or keep it, they are criminals.

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Ok so no offense although I am learning a little more about what being a caregiver will involve, some of the answers sound like opinions. Where can I find the full law and rights bill to read and save? seemed easier to find last year lol

 

thanks

 

http://www.qualifyingpatient.com/

 

From that site:

* Essentials of the Affirmative Defense: Download http://medcannabis.googlepages.com/EssentialsoftheAffirmativeDefense.pdf'>http://medcannabis.googlepages.com/EssentialsoftheAffirmativeDefense.pdf

* Two Tracks of Legal Protections under the Michigan Medical Marijuana Act Explained and Compared. Download http://qualifyingpatient.com/Protections%20explained%20-%20with%20CERT,%20MADO,%20and%20HIPAA%20forms.pdf

* Medical and Legal Professionals, Patients, and Primary Caregivers User Guide. Read Here http://medcannabis.googlepages.com/

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god after viewing some of the articles on the mmm law that passed it sounds like law enforcement is resisting the law as well as many townships! Sadly now that I want to get into this it kind of seems as though the state is probably going to just do away with the whole thing in the end if it continues on the same track as it has been. Clubs being busted townships banning the growing of it. Caregivers even going to jail for doing what the state says is OK. Not to mention it has been in effect for a year and a half and there are only like 7 thousand some caregivers that even exist. I am starting to wonder if the law was put out there for vote because the state thought for sure that it wouldnt pass to begin with. This is frustrating.

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http://www.qualifyingpatient.com/

 

From that site:

* Essentials of the Affirmative Defense: Download http://medcannabis.googlepages.com/EssentialsoftheAffirmativeDefense.pdf'>http://medcannabis.googlepages.com/EssentialsoftheAffirmativeDefense.pdf

* Two Tracks of Legal Protections under the Michigan Medical Marijuana Act Explained and Compared. Download http://qualifyingpatient.com/Protections%20explained%20-%20with%20CERT,%20MADO,%20and%20HIPAA%20forms.pdf

* Medical and Legal Professionals, Patients, and Primary Caregivers User Guide. Read Here http://medcannabis.googlepages.com/

thanks

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god after viewing some of the articles on the mmm law that passed it sounds like law enforcement is resisting the law as well as many townships! Sadly now that I want to get into this it kind of seems as though the state is probably going to just do away with the whole thing in the end if it continues on the same track as it has been. Clubs being busted townships banning the growing of it. Caregivers even going to jail for doing what the state says is OK. Not to mention it has been in effect for a year and a half and there are only like 7 thousand some caregivers that even exist. I am starting to wonder if the law was put out there for vote because the state thought for sure that it wouldnt pass to begin with. This is frustrating.

This is the way it has been for decades now.

 

It's nothing new. Our government has declared war against the people.

 

They lost.

 

The last thing the government wants you to realize is: We the People are stronger than the government.

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This is the way it has been for decades now.

 

It's nothing new. Our government has declared war against the people.

 

They lost.

 

The last thing the government wants you to realize is: We the People are stronger than the government.

Uh yeah but didn't osama obama decriminalize it?

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This is the way it has been for decades now.

 

It's nothing new. Our government has declared war against the people.

 

They lost.

 

The last thing the government wants you to realize is: We the People are stronger than the government.

 

But they've got guns and the power to use them without consequence along with the authority (if that's what you want to call it) to lock you up for the rest of your natural life.

 

Absolutely disgusting what they're getting away with. Those two spineless ones (gov / AG) should be issuing orders, memos, whatever to the state police and local gov'ts to leave people alone who are in compliance.

 

I hope that the voters who voted for prop 1 vote for the right people next time. Obviously we've been had by criminals - they lied, UNDER OATH, when they took office and promised to uphold THE LAW.

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But they've got guns and the power to use them without consequence along with the authority (if that's what you want to call it) to lock you up for the rest of your natural life.

 

Absolutely disgusting what they're getting away with. Those two spineless ones (gov / AG) should be issuing orders, memos, whatever to the state police and local gov'ts to leave people alone who are in compliance.

 

I hope that the voters who voted for prop 1 vote for the right people next time. Obviously we've been had by criminals - they lied, UNDER OATH, when they took office and promised to uphold THE LAW.

Well I am not a big conspiracy theorist or anything, but if something like the simpson oil does what I have read it does...

Well why would the government want to make this stuff legal? All the drug companies would be all over them like flies on sh#@.

They would lose campaign money and so much more. In the end it really doesn't matter who you vote for at all. They are all liars and thieves and the only interest any of them will ever have is in where the next wallet liner is coming from. They may run on "I care about you" platforms, but they truly don't. Hell our current president voted for live birth abortion in Illinois and that was one of the only votes in his lifetime on that states government he actually cast! Any other time he didn't vote yay or nay he just didn't vote!

 

I truly believe that the American people as a whole are silly for even voting for a person. Issues or laws is another story, people will always be people. They are corruptible if not already corrupted.

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Uh yeah but didn't osama obama decriminalize it?

osama obama? really? no, he ordered the feds to back off and not make it a priority. Any marijuana activity is still illegal federally, no matter what state laws are passed. former Emporer George Bush directed the feds to still raid care providers, dispensaries, patients, etc in states where it is legal. I have looked at a lot of your posts and you seem pretty uninformed. I would advise you to read and keep up on current issues before you go into trying to be a care provider.

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But they've got guns and the power to use them without consequence along with the authority (if that's what you want to call it) to lock you up for the rest of your natural life.

 

Absolutely disgusting what they're getting away with. Those two spineless ones (gov / AG) should be issuing orders, memos, whatever to the state police and local gov'ts to leave people alone who are in compliance.

 

I hope that the voters who voted for prop 1 vote for the right people next time. Obviously we've been had by criminals - they lied, UNDER OATH, when they took office and promised to uphold THE LAW.

Any politician is a liar, that is how they make their living. The political parties in this country are two sides of the same coin. They are going to get you one way or the other. Big buiseness runs the world, the politicians are figureheads working for corporations. We have no representation. Democracy is a joke. We are living in a capitalist/ fascist society. The only way to gain any influence is to become one yourself.

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osama obama? really? no, he ordered the feds to back off and not make it a priority. Any marijuana activity is still illegal federally, no matter what state laws are passed. former Emporer George Bush directed the feds to still raid care providers, dispensaries, patients, etc in states where it is legal. I have looked at a lot of your posts and you seem pretty uninformed. I would advise you to read and keep up on current issues before you go into trying to be a care provider.

Well thank you for your advice, I think you're just pissed because you love the current president and don't like what I called him....And as far as uninformed, that is why I came here I am pretty well informed now and in contact with a few people from norml if I have any other questions....

 

I keep forgetting we aren't allowed to make fun of the current pres about abything he does because he isn't white :( Not to mention if you had read my post's you would have saw the one where I said he decriminalized medical marijuana sooooo.

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Back on topic - I am not an attorney, just another AH with an opinion.

 

Depending on where you are, and/or how big the purchase, all parties might be arrested.

 

It is possible that you would not be charged, but the selling party could be arrested. The selling party might (should) be able to use the AD.

 

Could be if this process is not preformed in the open, with peering eyes, no one would be arrested.

 

 

There are locations that have opened to serve the purpose that you address. Consider one of them. This would give you a better change of finding a better quality product.

 

 

 

JayBuds mentioned the possible of your street seller being a cop. This is something I have wondered. You are making an allowable purchase. Just as the seller does not know you are legal, you do not know this is a cop. Because this is a sting op, the cops will ride down on you. By law, because you and the amount purchased were within the limit of the law, your purchase cannot be taken from you. At the end of the day, the cop has to account for/and turned in the same material that was signed out for the day's use. How is a patient's legal purchase accounted?

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