Husband And Wife Caregivers

[wingnut]

Is it legal for a husband to be a caregiver for his wife and the wife a caregiver for her husband and have plants in same locked enclosure? So if the husband is gone for a few days is the wife allowed to care for all the plants since she is a patient and also a caregiver for husband? Thank you for the info?

[Grow Thread]

"Enclosed, locked facility" means a closet, room, or other enclosed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient.

 

copied from here: http://www.legislatu...e=mcl-333-26423

 

i interpret this as meaning you must be a patient or a c.g. to enter a locked grow room........ period. who's patient? who's c.g.? doesnt specify. so i dont see any need for the "hokey switcheroo" on the paperwork. if you are both patients, or both c.g.'s or one is a patient and one is a c.g. or whatever i don't see where it matters.

[semicaregiver]

Bubble's advice is right on on this.

 

Last week I attended a presentation by the state manager of the MMP and she made a big deal of this issue. She pointed out that the law specifically uses language that says "a caregiver" not "the caregiver". The result is that as long as you are a registered caregiver or patient you are ok.

[wingnut]

Bubble's advice is right on on this.

 

Last week I attended a presentation by the state manager of the MMP and she made a big deal of this issue. She pointed out that the law specifically uses language that says "a caregiver" not "the caregiver". The result is that as long as you are a registered caregiver or patient you are ok.

I Thank you for that info,We would like too know if can have ten oz on hand,I like to make butter and candy.

[______]

Bubblegrower,

 

There is a perfectly good reason for doing the switcheroo. If they are their own caregivers they can each possess 2.5 oz. If they are each others caregivers then each of them can possess 2.5 oz. for themselves and another 2.5 for their patients. Allows 10 oz. in the house instead of 5oz.

[wingnut]

Bubblegrower,

 

There is a perfectly good reason for doing the switcheroo. If they are their own caregivers they can each possess 2.5 oz. If they are each others caregivers then each of them can possess 2.5 oz. for themselves and another 2.5 for their patients. Allows 10 oz. in the house instead of 5oz.

Thank you! That is the way I was thinking, like I say we like to make butter and oil.

[Grow Thread]

i understand what you are saying..... but personally i will not be pushing the "2.5 for me AND 2.5 for you" thing for now. thats just me.

 

now this brings up another issue then that i am not familiar with. is there proven evidence of this situation:

 

say i am a patient. i assign a c.g. to grow for me. then other patients assign me as their c.g.?

 

now i know about the wording and this and that..... but are you/does anybody truly know someone in this position?

 

the reason i ask, is because the whole purpose of the caregiver thing is if you are too sick to grow/obtain your own, or can't grow in your own home.... ect. we all know the reasons why you would need to assign a caregiver. BUT..... are they REALLY letting patients assign caregivers, thus stating "i'm too sick/can't drive/can't grow in my own home/just don't wanna mess with it"............ but then turning around and letting them become caregivers anyways???

 

seems odd to be happening. and if it IS happening, i fear this is a loophole that will be tied up.

[Homes Labs]

I agree with bubble. That is nothing I would try and test.

 

I see them intrepreting it as 2 patients, 2.5 each.

 

It is a very good thought tho, especially if you make edibles. Has there been any test cases of such a thing?

[semicaregiver]

Wingnut your mention of medibles raised another issue that Celeste (mgr of the MMP) mentioned.

 

She indicated that while the law specifies that you can have 2.5 oz of "usable material/patient", it does not define "usable". The example she gave was what happens if you make an ounce into a pound of brownies. A judge could make the assumption that you have a pound of "usable" material.

 

Probably not a real issue, but if you get to be the test case, you will be the one that gets to right the check to the lawyer.

[wingnut]

I agree with bubble. That is nothing I would try and test.

 

I see them intrepreting it as 2 patients, 2.5 each.

 

It is a very good thought tho, especially if you make edibles. Has there been any test cases of such a thing?

I would like to know that,Just may have to talk to a Attorney . I was going to do this but I need more input now.

[wingnut]

Wingnut your mention of medibles raised another issue that Celeste (mgr of the MMP) mentioned.

 

She indicated that while the law specifies that you can have 2.5 oz of "usable material/patient", it does not define "usable". The example she gave was what happens if you make an ounce into a pound of brownies. A judge could make the assumption that you have a pound of "usable" material.

 

Probably not a real issue, but if you get to be the test case, you will be the one that gets to right the check to the lawyer.

My wife and I talked we DO NOT want to test this right now.

[Homes Labs]

My wife and I talked we DO NOT want to test this right now.

 

So what your saying is SHE doesn't want to push the 5 extra ounce limit?

 

 

...just playin

[wingnut]

So what your saying is SHE doesn't want to push the 5 extra ounce limit?

 

 

...just playin

Yes the wife is no fun when it comes to going too jail. LOL

[wingnut]

OK if I'm the wife's CG we could have 7 oz in the house With me as a PT right?

[lilhookah]

OK if I'm the wife's CG we could have 7 oz in the house With me as a PT right?

 

You get 2.5 oz per card period

 

3 cards 7.5

4 cards 10

[lawyercaregiver]

Bubblegrower,

 

There is a perfectly good reason for doing the switcheroo. If they are their own caregivers they can each possess 2.5 oz. If they are each others caregivers then each of them can possess 2.5 oz. for themselves and another 2.5 for their patients. Allows 10 oz. in the house instead of 5oz.

 

 

I am not sure this works. You are double counting and a judge may not buy this argument.

 

I would advise 2 patients to keep it at 2.5 ounces each (i.e. 5 not 10 ounces).

 

I suppose if the grows were in separate locations you could try that switcharoo argument but it is way to cute for one residence and you are liable to get into trouble IMHO.

[wingnut]

I am not sure this works. You are double counting and a judge may not buy this argument.

 

I would advise 2 patients to keep it at 2.5 ounces each (i.e. 5 not 10 ounces).

 

I suppose if the grows were in separate locations you could try that switcharoo argument but it is way to cute for one residence and you are liable to get into trouble IMHO.

Yea...I don't think anybody should get to frisky when leo is coming down so hard . :jipo:

[+greenhouse]

Wingnut your mention of medibles raised another issue that Celeste (mgr of the MMP) mentioned.

 

She indicated that while the law specifies that you can have 2.5 oz of "usable material/patient", it does not define "usable". The example she gave was what happens if you make an ounce into a pound of brownies. A judge could make the assumption that you have a pound of "usable" material.

 

Probably not a real issue, but if you get to be the test case, you will be the one that gets to right the check to the lawyer.

WAIT! WHAT!!??? Please share this link with Celeste:

http://www.legislature.mi.gov/%28S%28xzqq44u50th3ojucnlhgghr2%29%29/mileg.aspx?page=getObject&objectName=mcl-333-26423

MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)

Initiated Law 1 of 2008

 

 

333.26423 Definitions.

 

3. Definitions.

 

Sec. 3. As used in this act:

"(j) "Usable marihuana" means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant."

 

It is clearly defined, the PA will find it if they don't already know about it.

 

It sounds like a real issue, so what do we do? We should label our medication to prevent any accidental ingestion, however if we do, it's like putting a beacon on "2 lbs." of cookies. making whoopee bunny muffin I'd love to try a batch of cookies made with 2lbs..... So to label or not to label... maybe just keep it in a very safe place, away from unauthorized peoples.

[solabeirtan]

Say you were a patient/caregiver you have 5 patients. One of your patients becomes your caregiver for your convenience(vacation!) He can come over tend your/his grow, plant ownership remains with you.

 

To be 100% Legal send MDCH $10 + change of caregiver form + Attestation form + copy Both IDS. certified mail reciept make copies and File with your Other Patients Docs.

 

Cheap Insurance in my opinion. For > $15 MDCH gets a bump, you get another card, the wheels keep turning ... progress ...?

 

After you get the card you can start over again...

 

and again ...

 

Or for them they could have 11 patients total 6 for the patient 5 for the caregiver make one of the other 9 (besides themselves) their caregiver he watches the plants, every bodies happy ...