When Does The 20 Days Start?

[LongHairBri]

when I sent in my first couple of patients applications the state recieved the certified mail and cashed the check the next day. not a problem. NOW, I've sent in a couple more patients paperwork, they accepted the certified mail and haven't cashed the checks yet. been almost a week. My question is...when does the 20 days start?

[BDR]

It starts when the check is cashed... So 21 day's from the day that the check is cashed.. Hope this helps.. Peace,Love, and Big buds

[herb green]

I would say 21 days from the days from when they cash the check

 

Something like that....maybe a couple extra just to make sure there are no suprises

[herb green]

I would stay within the plant count including clones that you have covered w/card in hand as far as growing

 

Distribution to patients is less of a problem once papers have cleared

 

Always have plant numbers covered with card in hand!

[old-hobo]

your 20 days start on the day the state signs for your paperwork. I just cant figure out why people post 20/21 days from check is cashed. No where in the law does it state that you have to wait for check to be cashed before you are able to grow,have patients,or to be a patient PERIOD.

[+420Atheist]

your 20 days start on the day the state signs for your paperwork. I just cant figure out why people post 20/21 days from check is cashed. No where in the law does it state that you have to wait for check to be cashed before you are able to grow,have patients,or to be a patient PERIOD.

 

That is my interpretation of the law. 20 days from when the state receives the paperwork.

[herb green]

(b) If the department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this act within 20 days of its submission, the registry identification card shall be deemed granted, and a copy of the registry identification application or renewal shall be deemed a valid registry identification card.

 

That's what it says but they consider it submitted I guess when check is cashed

 

That's how you know its been submitted offically

 

And after 20 days...on the 21st day technically that's when the copy of paperwork becomes as valid registration card

 

But you have got to be crazy to grow plants w/out an actual card in your hand

 

Doesnt mean you cant be a legal caregiver just make sure papers have cleared

[BDR]

The best way to sum this up is they have received your application when your check cashes.. and twenty day's after that is the safest legal interpretation I have found..

[Hempcheff]

I was under the impression the clock started the day they signed for it as it was sent cert. through post office proper. With "submission" qualification being met upon delivery in that situation.

[peanutbutter]

(b) If the department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this act within 20 days of its submission, the registry identification card shall be deemed granted, and a copy of the registry identification application or renewal shall be deemed a valid registry identification card.

 

That's what it says but they consider it submitted I guess when check is cashed

 

That's how you know its been submitted offically

 

And after 20 days...on the 21st day technically that's when the copy of paperwork becomes as valid registration card

 

But you have got to be crazy to grow plants w/out an actual card in your hand

 

Doesnt mean you cant be a legal caregiver just make sure papers have cleared

 

Sorry folks ..

 

20 days from the time of check cashed was my idea.

 

I suggested using the date of the check being cashed as the very last date they could claim they received the application. After all, it would be very hard to say they received the application after they cashed the check.

 

So .. since April of 2009, we have been watching for cashed checks to confirm they had received the application.

 

I believe that the date of application would be the very moment that the application is handed to the postal service. The same as when you send in your tax return.

 

That would be the legal edge on that topic. Exactly what can be proven is another issue. Cashed checks are pretty good evidence. However, it should be noted that if they cashed it on 6/15 then it must have been submitted 6/14 or earlier.

[Les]

The assistant to the doctor I saw said 21 days from the time they received the paperwork. He's backed up by attorneys (Michigan Med Marijuana Advocacy group, I believe).

 

I sent everything in certified mail w/ return receipt. . . I know exactly what day they got my paperwork.

 

Just sayin.

[peanutbutter]

The assistant to the doctor I saw said 21 days from the time they received the paperwork. He's backed up by attorneys (Michigan Med Marijuana Advocacy group, I believe).

 

I sent everything in certified mail w/ return receipt. . . I know exactly what day they got my paperwork.

 

Just sayin.

 

It would be the exact rules about when did you "file" your taxes. That would be the day you handed the paperwork to the US mail.

[BDR]

It would be the exact rules about when did you "file" your taxes. That would be the day you handed the paperwork to the US mail.

 

Very true... I still think 21 day's from the check cashed date is a good rule... This is what our attorney told me would be best.. As it sets a firm date to when they have received and accepted your paperwork... The law states 21 day's from the date MDCH takes possession of your paperwork, that your paperwork is your card.. jm2c

[peanutbutter]

Very true... I still think 21 day's from the check cashed date is a good rule... This is what our attorney told me would be best.. As it sets a firm date to when they have received and accepted your paperwork... The law states 21 day's from the date MDCH takes possession of your paperwork, that your paperwork is your card.. jm2c

 

Not "from the date MDCH takes possession of your paperwork." That is not what the law says.

 

Here is the exact law:

(b) If the department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this act within 20 days of its submission, the registry identification card shall be deemed granted, and a copy of the registry identification application or renewal shall be deemed a valid registry identification card.

 

See? It's not when they receive it, it is when you submit it. And you submit it at the post office.

[HerbanLegendSeeds]

Send it delivery confirmation with signature and once they stamp it that they received it with the date thats your start date. You will get a card back in the mail with that date.

[BDR]

Send it delivery confirmation with signature and once they stamp it that they received it with the date thats your start date. You will get a card back in the mail with that date.

 

Yep, seems to me that this would be a good way to go as well.. Still gives you that firm date as to when they received it.. Thanks PB for digging that up.. I knew if any body had that handy you would.. My counsel really leans toward caution with most things and told me that this would be a defendable position..

[Hempcheff]

well, today is my 20th day from the date they received it certified (actually yesterday, its after midnight now), im hoping im in the clear:), btw, money order cleared on 3rd day

[+420Atheist]

Not "from the date MDCH takes possession of your paperwork." That is not what the law says.

 

Here is the exact law:

 

 

See? It's not when they receive it, it is when you submit it. And you submit it at the post office.

 

But when giving it to the post office you are giving it to a federal entity not the state. You have a point but I would still feel safer waiting until 20 days from delivery date. We did my wifes and mine both with certified mail and it only takes a day or two for them to get it and sign for it.

[peanutbutter]

But when giving it to the post office you are giving it to a federal entity not the state. You have a point but I would still feel safer waiting until 20 days from delivery date. We did my wifes and mine both with certified mail and it only takes a day or two for them to get it and sign for it.

 

That would be a possible line also.

 

I believe that it when you surrender the item to official delivery. It's that way for both federal and state tax returns.

 

If that line should fail, then the next line would be when they receive it.

 

Both of which is before they cash the check.

 

I figure that if it's OK for state tax returns, then it would be good for this application.

 

I have never promoted either of those as the exact time of submission.

 

I selected "when they cash the check" as the line because they could not possibly deny they received it. Thus the safest "line" that could be presented. I expected games from the government on this one. That is why I chose to promote that line.

[Medology]

Just out of curiosity, how do you k ow when a money order has been cashed? I sent my payment via money order as well.

[Hempcheff]

Just out of curiosity, how do you k ow when a money order has been cashed? I sent my payment via money order as well.

 

i called the issuing company, for me it was merchants express money order company (MEMO) the number is 800 922 8079 its on the MO stub, put the writing is so darn small! if you have this type, call, there are prompts to find out if it cleared.

[Medology]

Hempchef thanks a ton. I really appreciate it.

[BDR]

Just out of curiosity, how do you k ow when a money order has been cashed? I sent my payment via money order as well.

 

You won't... Did you save the receipt for the money order... That would be the only way to have proof that you paid..

[Ms Chocolate]

People keep talking about the date a check was cashed. When the check or money order was cashed is a non-issue. In reading the law it states that in the event the card is not received, you are deemed accepted 21 days after the MDCH received your paperwork.

 

If you sent you paperwork with a return card, it will be returned to you with an acceptance date. Count 21 days from that day. If you did not pay extra to get that signed card, you are unable to properly prove the acceptance date, therefore will just have to wait for the card. (Before you jump, we're talking LEO. If you did not comply with the MDCH suggested way of mailing, do you expect LEO to comply to you? )

[Hempcheff]

glad to help, and i agree with ms chocolate. thats how it was explained to me when i inquired about it with a few clinics