What Is A Unregistered Caregiver?

[peanutbutter]

Please ponder this

 

The unregistered caregiver.

 

1. On the ballot the voters were asked if unregistered caregivers should be allowed. They voted yes.

 

2. Section 8 protects unregistered patients AND CAREGIVERS.

 

The current lie on the topic is that a caregiver/patient relationship can only exist by way of the registry program.

That would be a registered caregiver.

 

Think hard.

[TajMahal]

Anyone and everyone who assists with the medical use (plus all verbs in the law) for another, minus the registered caregivers.

[peanutbutter]

Anyone and everyone who assists with the medical use (plus all verbs in the law) for another, minus the registered caregivers.

 

I like it.

 

Did you know that section 8 does not have a limit on the number of patients this unregistered caregiver is allowed to assist?

[TajMahal]

I like it.

 

Did you know that section 8 does not have a limit on the number of patients this unregistered caregiver is allowed to assist?

 

Do not remember picking up on that, been awhile since have read the law all the way through.

 

We should all read this law! Thanks for bringing this up, made me think it would be a dream class to put together and take it too! All concentrated on this law, now that would be the cats meow

[peanutbutter]

Here's another gem:

 

Section 4 (e) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled substances.

 

Note that this did not include the words from Section 4 (b) "whom he or she is connected through the department's registration process." That is not a restriction on section 4 (e). It is not a requirement of (e) to trigger the protection given in that section. What triggers the protection is a sale to a registered patient.

 

So any registered caregiver can sell to any patient and it is not the sale of controlled substances.

[TajMahal]

Where in original wording of 4(e) would the quoted sentence be?

 

"whom he or she is connected through the department's registration process."

 

 

Have to turn in, hopefully I will remember to continue this another day

[peanutbutter]

Where in original wording of 4(e) would the quoted sentence be?

 

"whom he or she is connected through the department's registration process."

 

 

Have to turn in, hopefully I will remember to continue this another day

 

It isn't there in section (e). It is not a stated requirement of that sections protections.

 

edit .. just saw what I did there. fixed it .. thanks

That is a quote of section 4 (b) which does not exist in section 4 (e).

[luvindragonflys]

Please ponder this

 

The unregistered caregiver.

 

1. On the ballot the voters were asked if unregistered caregivers should be allowed. They voted yes.

 

2. Section 8 protects unregistered patients AND CAREGIVERS.

 

The current lie on the topic is that a caregiver/patient relationship can only exist by way of the registry program.

That would be a registered caregiver.

 

Think hard.

 

hey pb just wondering does it state anything about being someones unregistered caregiver if u had a drug felony or did it leave that out for the unregistered. i have 1 felony 4 delivery w intent from 2000 but i'm in the process of trying to get it expunged. i haven't been in any other trouble so to speak.i know alot of patients that have nowhere to grow and can not afford disp. prices and i would love 2 help them. i am a patient and although i have a caregiver i still grow my own meds. please let me know what your thoughts are on this. thank you,

Brandy

[Rochester Cares]

Here's another gem:

 

Section 4 (e) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled substances.

 

Note that this did not include the words from Section 4 (b) "whom he or she is connected through the department's registration process." That is not a restriction on section 4 (e). It is not a requirement of (e) to trigger the protection given in that section. What triggers the protection is a sale to a registered patient.

 

So any registered caregiver can sell to any patient and it is not the sale of controlled substances.

 

I wish law enforcement would learn how to read. You and I can see this, why can't they?

[+RevThad]

hey pb just wondering does it state anything about being someones unregistered caregiver if u had a drug felony or did it leave that out for the unregistered. i have 1 felony 4 delivery w intent from 2000 but i'm in the process of trying to get it expunged. i haven't been in any other trouble so to speak.i know alot of patients that have nowhere to grow and can not afford disp. prices and i would love 2 help them. i am a patient and although i have a caregiver i still grow my own meds. please let me know what your thoughts are on this. thank you,

Brandy

Morning Brandy,

 

My reading of the law would suggest that yes it does state something about your situation. Unfortunately, the definitions used would preclude you from being a primary caregiver.

 

"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."

 

So in my opinion the sooner you take care of getting that felony expunged, the sooner you can be a caregiver.

 

That being said, I am all for helping as many patients as possible, if you happened to get rid of some of your overages to another patient I would think that would be in direct compliance with the law....

 

I am just a layman, so my opinion is just that an uneducated (legally) opinion.

[+OC Jay]

I may be wrong but from what I read your all correct. I believe if you have your cards and are working with patients/caregivers "whom he or she is connected through the department's registration process." then you are protected from arrest/prosecution. On the other hand if you choose to work under affirmative defense then you carry the risk of being arrested/detained/charged till the legitimacy of the transfer is proven. It should be easy to prove if both people are carded but not "connected" to each other and if the state can get out some ID's with pictures. I do give them props for the security measures on the new ID's

[thanks2]

The reference for those that do not remember the ballet language. Link is at the bottom.

Ballet Language.

 

PROPOSAL 08-1

A LEGISLATIVE INITIATIVE TO PERMIT THE USE AND CULTIVATION OF

MARIJUANA FOR SPECIFIED MEDICAL CONDITIONS

The proposed law would:

• Permit physician approved use of marijuana by registered patients with debilitating medical

conditions including cancer, glaucoma, HIV, AIDS, hepatitis C, MS and other conditions as

may be approved by the Department of Community Health.

• Permit registered individuals to grow limited amounts of marijuana for qualifying patients in

an enclosed, locked facility.

• Require Department of Community Health to establish an identification card system for

patients qualified to use marijuana and individuals qualified to grow marijuana.

• Permit registered and unregistered patients and primary caregivers to assert medical reasons

for using marijuana as a defense to any prosecution involving marijuana.

Should this proposal be adopted?

Yes

No

 

http://www.michigan.gov/documents/sos/ED-20_11-08_Props_Poster2_251561_7.pdf

[peanutbutter]

hey pb just wondering does it state anything about being someones unregistered caregiver if u had a drug felony or did it leave that out for the unregistered. i have 1 felony 4 delivery w intent from 2000 but i'm in the process of trying to get it expunged. i haven't been in any other trouble so to speak.i know alot of patients that have nowhere to grow and can not afford disp. prices and i would love 2 help them. i am a patient and although i have a caregiver i still grow my own meds. please let me know what your thoughts are on this. thank you,

Brandy

 

Sorry ..

 

In the AD section a caregiver needs to be free of those drug related felony convictions also.

[luvindragonflys]

:Dthank you for getting back with me so quiqkly pb. i enjoy reading your posts very informative.take care and have a great day . thank you also rev. Thad.

[Hempcheff]

i wonder what the definition of Primary in primary caregiver is as it relates to the patient. makes sense that since the word caregiver in those instances is qualified with the word primary, that leaves room for patients to have other "non-primary" caregivers. with the Primary cargiver being a grower for and giving sepecific attentions to exact patient needs as they arise.

 

 

thats just my opinion though, and i could be off on a tangent, but the verbage for multiple caregivers is there by use of the word primary (by definition).

 

 

Primary: of first rank or importance or value; direct and immediate rather than secondary; "primary goals"; "a primary effect"; "primary sources"; "a primary interest"

 

 

http://dictionary.reference.com/browse/primary

[Hempcheff]

also, just a thought, does this mean that in court they have to prove that your cannabis was not for medical use?

 

(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:

 

(1) is in possession of a registry identification card; and

 

(2) is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.

 

 

 

 

doesnt that cover the quanities for dispensaries? wouldnt they be burdened with proving the cannabis was not for medical use?

 

 

 

[+RevThad]

also, just a thought, does this mean that in court they have to prove that your cannabis was not for medical use?

 

(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:

 

(1) is in possession of a registry identification card; and

 

(2) is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.

 

 

 

 

doesnt that cover the quanities for dispensaries? wouldnt they be burdened with proving the cannabis was not for medical use?

 

If one (patient or cg) is in possession of an amount not exceeding the limits of the act, they (prosecutors) have to prove that it was not for medical use. If one (patient or cg) is outside the specified limits, one (patient or cg) would have the burden of showing why they (patient or cg) were outside the limits and that it was for medical purposes.

 

In other words, the way I read things is that all (registered or unregistered) patients and caregivers are protected under some portions (basicly the AD) of the law, while those that are registered and within specified limits are entitled to all of the protections (not being arrested) of the law.

 

That being said, I think we may be looking at the wrong sections to fight these goons... was just rereading the law again and the findings just sort of jumped out at me...

 

(b) Data from the Federal Bureau of Investigation Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately 99 out of every 100 marihuana arrests in the United States are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marihuana.

 

© Although federal law currently prohibits any use of marihuana except under very limited circumstances, [b]states are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law[/b]. The laws of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Vermont, Rhode Island, and Washington do not penalize the medical use and cultivation of marihuana. Michigan joins in this effort for the health and welfare of its citizens.

 

 

 

Of course I could always be wrong.

[thanks2]

I always read on this forum that the law protects the patient in any transfer, but the person giving the marijuana to the patient is not protected. But, as soon as the seller agrees to aid the patient in their medical marijuana use, the sell becomes the patients unregistered caregiver. So both parties are protected in the transaction as long as one is a patient?

 

 

(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.

 

• Permit registered and unregistered patients and primary caregivers to assert medical reasons

for using marijuana as a defense to any prosecution involving marijuana.

Should this proposal be adopted?

Yes

No

[bobandtorey]

i like this part of the Law the best

• Permit registered and unregistered patients and primary caregivers to assert medical reasons

for using marijuana as a defense to any prosecution involving marijuana.

Should this proposal be adopted?

Yes

No

 

now all we have to do is get the Leo's to read it