Are We Allowed To Dispense Meds. To Paitents That Arent Ours?

[bigdogbolog]

I HAVE HEARD A LOT OF GOSSIP ABOUT WETHER OR NOT WE ARE ALLOWED AS CAREGIVERS TO DISPENSE MEDS TO PAITENTS THAT ARE NOT SIGNED UP WITH US. IN ADRIAN, WHERE I AM, THERE HAVE BEEN SEVERAL RAIDS BY THOSE muffin makers OMNI I SEE ADS ONLINE FOR PEOPLE THAT ARE DOING THIS SO I WOULD ASSUME THAT IT LEAGAL. HOWEVER I DONT WANT TO HAVE MY DOOR KICKED IN FOR DRUG DEALING. SO CAN I DISPENSE TO ANY PATIENT? OR IS THIS JUST MORE moo-poo?

[the green leaf farmacy]

this topic is not in law so like buyer beware....cargiver beware

[+RevThad]

I HAVE HEARD A LOT OF GOSSIP ABOUT WETHER OR NOT WE ARE ALLOWED AS CAREGIVERS TO DISPENSE MEDS TO PAITENTS THAT ARE NOT SIGNED UP WITH US. IN ADRIAN, WHERE I AM, THERE HAVE BEEN SEVERAL RAIDS BY THOSE muffin makers OMNI I SEE ADS ONLINE FOR PEOPLE THAT ARE DOING THIS SO I WOULD ASSUME THAT IT LEAGAL. HOWEVER I DONT WANT TO HAVE MY DOOR KICKED IN FOR DRUG DEALING. SO CAN I DISPENSE TO ANY PATIENT? OR IS THIS JUST MORE moo-poo?

You are allowed to dispense to any patient, for your own safety I recommend at least asking for paperwork.

 

(k) Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not allowed to use marihuana for medical purposes under this act shall have his or her registry identification card revoked and is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marihuana.

 

 

The question is who is allowed to use marihuana for medical purposes under this act? That answer seems pretty clear:

 

(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.

 

 

and

 

(h) "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.

 

IF somebody has been diagnosed by a doctor with a qualifying medical condition they are considered a qualifying patient, and as long as they aren't getting more than what is allowed under law, they are supposed to be granted the presumption of it being for medical use.

 

Finally we hit the question so what is medical use?

 

(e) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

 

No grey areas here... you can take care of any patient, and I would argue that as a caregiver that should be your goal anyways.

 

Some opinions may vary on this issue, I would love to see them rebut what I have just put forward using the law, instead of hyperbole.

[Danielshemp]

You are allowed to dispense to any patient, for your own safety I recommend at least asking for paperwork.

 

 

 

The question is who is allowed to use marihuana for medical purposes under this act? That answer seems pretty clear:

 

 

 

and

 

 

IF somebody has been diagnosed by a doctor with a qualifying medical condition they are considered a qualifying patient, and as long as they aren't getting more than what is allowed under law, they are supposed to be granted the presumption of it being for medical use.

 

Finally we hit the question so what is medical use?

 

 

 

No grey areas here... you can take care of any patient, and I would argue that as a caregiver that should be your goal anyways.

 

Some opinions may vary on this issue, I would love to see them rebut what I have just put forward using the law, instead of hyperbole.

 

 

 

No rebuttal from me. I agree 100%

[Kingdiamond]

According to the word of the law yes

 

 

According to law enforcement and the courts WTFK ?

 

My advice is carry yourselves as if its the 70s and keep your buisness your buisness and beware police have started to use forged recommendations to entrap compassionate people .

 

No card = no meds unless someone credable vouches for them .

 

 

Just like the 70s

[+RevThad]

(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.

[the green leaf farmacy]

(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.

thats what the law says but leo and the courts are not following that law or any other ones for that matter so to be safe have a card

[the green leaf farmacy]

You are allowed to dispense to any patient, for your own safety I recommend at least asking for paperwork.

 

 

 

The question is who is allowed to use marihuana for medical purposes under this act? That answer seems pretty clear:

 

 

 

and

 

 

IF somebody has been diagnosed by a doctor with a qualifying medical condition they are considered a qualifying patient, and as long as they aren't getting more than what is allowed under law, they are supposed to be granted the presumption of it being for medical use.

 

Finally we hit the question so what is medical use?

 

 

 

No grey areas here... you can take care of any patient, and I would argue that as a caregiver that should be your goal anyways.

 

Some opinions may vary on this issue, I would love to see them rebut what I have just put forward using the law, instead of hyperbole.

 

 

 

 

 

 

a patient has the same rights as a caregiver to medical use. and rev the way this law is written its all gray

[Kingdiamond]

(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.

Nowhere in my post did i imply that paperwork holders aernt legal but whos to know who is and who isnt a cop now?

[Ms Chocolate]

Section 4b of the Law states that “A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with this act, provided that the primary caregiver possesses an amount of marihuana that does not exceed:

(1) 2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the department's registration process; and

(2) for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility; and

(3) any incidental amount of seeds, stalks, and unusable roots.”

 

Knowing that qualifying patients are NOT obligated to register, I would strongly insist that you require those with whom you dispense have a recent doctor’s statement, that you get a statement from this person that what is dispensed will be used medically, and you only dispense a reasonable.

 

So too answer your question, YES! Just cya.

[+RevThad]

Nowhere in my post did i imply that paperwork holders aernt legal but whos to know who is and who isnt a cop now?

I hear ya on that point. Cops seem to be throwing the rules out the window, still no reason for us not to follow em. I refuse to turn away a patient if I can help them and they are qualified, that may bite me in the donkey, or it may backfire on the cops that try to violate my rights.

 

I am not saying that we need to put neon signs out and flaunt it, but we should also not be afraid to follow the law. If we become afraid, they win. Simple as that.

[freakydawg420]

Well said, well said

 

 

You are allowed to dispense to any patient, for your own safety I recommend at least asking for paperwork.

 

 

 

The question is who is allowed to use marihuana for medical purposes under this act? That answer seems pretty clear:

 

 

 

and

 

 

IF somebody has been diagnosed by a doctor with a qualifying medical condition they are considered a qualifying patient, and as long as they aren't getting more than what is allowed under law, they are supposed to be granted the presumption of it being for medical use.

 

Finally we hit the question so what is medical use?

 

 

 

No grey areas here... you can take care of any patient, and I would argue that as a caregiver that should be your goal anyways.

 

Some opinions may vary on this issue, I would love to see them rebut what I have just put forward using the law, instead of hyperbole.

[+itssortalegal10]

I have been hearing the rumor about cops using forged documents also..As you said they ENTRAP CG and PT....Entrapment is not legal last time I checked, so even if this was the case it shouldn't stand up in court..If it does then it should be taken to the supreme court and I would bet some pretty decent lawyers would get on board for that one.I would hope anyways. I mean if that is true that just tells me you cant trust anyone EVEN if they have a card because who is to say the cops wouldn't forge a card? I mean for real it is against the law for ANYONE to forge legal documents as a form of entrapment. I just started advertising this company on my site but they may be able to help with the whole is it a real PT question... http://www.simplegreenid.com/ I think that is the point to this particular website so check it out for your own safety.

[+420Atheist]

Entrapment in practice has changed a lot since I was a kid. It used to be they could not even say the word weed first or it was entrapment. If the crime started in the mind of the police it was entrapment. Now it seems they can ask to buy something from you and you can say no 100 times but if you give in just once you are done for. I'm not sure where the line is today for entrapment.

[Irishgreen]

My question is WHY would you want to dispense to someone unregistered to you?

 

You are risking your card, and your patients that you have currently, medication?

 

I get compassion, and care giving..... but, what is the true reason? I can't think of a need large enough for me to risk my card and my patients medication.

 

If they are really in need, why wouldn't they WANT to sign you as a CG?

 

While you MAY be covered under the AD section of the law, No one has tested that YET...............so everyone piping up here saying "yes it's legal" is saying it without a court case proving it's legality.

 

And, if it were as plainly legal as some are claiming it to be..............the dispensaries that were raided probably wouldn't have been raided.

[peanutbutter]

Isn't forging a medical document for the purpose of illegally obtaining drugs against the law?

 

I believe it's a felony.

[peanutbutter]

My question is WHY would you want to dispense to someone unregistered to you?

 

You are risking your card, and your patients that you have currently, medication?

 

I get compassion, and care giving..... but, what is the true reason? I can't think of a need large enough for me to risk my card and my patients medication.

 

If they are really in need, why wouldn't they WANT to sign you as a CG?

 

While you MAY be covered under the AD section of the law, No one has tested that YET...............so everyone piping up here saying "yes it's legal" is saying it without a court case proving it's legality.

 

And, if it were as plainly legal as some are claiming it to be..............the dispensaries that were raided probably wouldn't have been raided.

 

Just asking .. when you sign up a new patient, do you make them wait for 20 days before helping them?

[Irishgreen]

Just asking .. when you sign up a new patient, do you make them wait for 20 days before helping them?

 

I am not a cg just a patient. I was speaking more hypothetically.

 

However, I think if the person is a known person (friend, family) you may be a little safer with helping them before the 20 days are up. But, if the person is a total stranger, then yes.........I would wait.

 

I would also not be offended if the person I picked for a cg wanted me to wait for 20 days. I would want us to be as comfortable with each other as possible. I would just take whatever meds I was taking or continue to use Schwag like I did until my first grow came in! I had to wait a LOT longer than 20 days for my first grow to come in! AND, now that we were robbed I have 6-8 weeks before I am able to medicate!

 

I'll take 20 days...............

[peanutbutter]

I am not a cg just a patient. I was speaking more hypothetically.

 

However, I think if the person is a known person (friend, family) you may be a little safer with helping them before the 20 days are up. But, if the person is a total stranger, then yes.........I would wait.

 

I would also not be offended if the person I picked for a cg wanted me to wait for 20 days. I would want us to be as comfortable with each other as possible. I would just take whatever meds I was taking or continue to use Schwag like I did until my first grow came in! I had to wait a LOT longer than 20 days for my first grow to come in! AND, now that we were robbed I have 6-8 weeks before I am able to medicate!

 

I'll take 20 days...............

 

Each person has a level of risk they are willing to live with.

[Irishgreen]

Each person has a level of risk they are willing to live with.

 

 

 

That, PB is VERY true!

 

I just wanted the other side of the coin to be shown. It seemed like everyone was jumping on the "yeah it's totally legal" band wagon..............mean while this poor schlep is being taken away in hand cuffs saying "But, they said it was legal?!"

 

That wouldn't be fair.

 

He needs to know it is up to HIS level of risk he is comfortable with.

 

It has not been proven legal.

[peanutbutter]

+ rep

[freakydawg420]

 

If they are really in need, why wouldn't they WANT to sign you as a CG?

 

 

Just off hand, I can think of a couple scenerios where you wouldn't want to sign someone as your PRIMARY cg, but you may still want to get some meds from them once or twice.

 

 

1) you have a caregiver, and (god forbit) his house burns down with YOUR MEDS in it. Are you going to wait for your PRIMARY CG to rebuild his house, buy new equipment, and plant/harvest a crop before you medicate again?

 

2) My situation is... I want to be able to grow my own, and I am legally allowed to under the law, BUT I can not get certified by a doctor today, go home, plant a seed, and have meds tomorrow.

 

3) My Primary CG is on vacation, and wont be back all month, do I have to go without meds for a month now?

 

4) I am not happy with my PRIMARY CG, and want to take hime off my paperwork, do I now go with out meds until they sort it out, change my CG and then he or she has time to grow my meds????

 

Just examples, #2 is my personal situation.

 

I don't think this is how the law was inteded to work at all.

 

If I take a PRIMARY CG and sign the papers putting him in charge of my plants, I am no longer allowed to grow them..... so lets say I must have a PRIMARY CG to get some meds off of while my plants grow. Wait, we already covered that, if I have a PRIMARY CG, I can't grow them myself.

 

Again, do I wait 4 months to medicate, or do I give up my right to grow my own?

 

That wouldn't be a very fair choice to be forced into.

 

Either way, I can think of several scenerios where you may want to get meds from a CG or P2P, and according to the written law, we should be able to. The law was supposed to give medical marihuana users easy and uninterupted access to their meds IMO

There is nothing easy or uninterupted about having to wait 4 months for a crop to grow and be harvested.

 

edit-----

 

I would still be on the safe side, and make sure they have paperwork or card in order. Otherwise, Affrm Defence would need to be proved (if I understand correctly) if you provide to a NON REGISTERED MMJ patient that only has a doctor note????? (someone please correct if I am wrong here)

[freakydawg420]

I just wanted to add, I think if we start looking at what this law was "MEANT TO DO" for us, and look at it from the point of, the law was made to give patients access to MMJ, a lot of the what ifs, and different ways to interpret the laws can go right out the window IMO.

 

Some interpretations just don't make sence at all, when you consider what the whole point of the law was in the first place.

[freakydawg420]

this topic is not in law so like buyer beware....cargiver beware

 

 

Don't listen to this joker, it is written into the law. Go read it for yourself. If you can't understand some of the terminology or wording, ask a lawyer if you have one to be safe. Just don't listen to this knucklehead. He seems to have a 1 track mind that does not support our cause

[Irishgreen]

WOW~~~~~

 

YOU can do what YOU want.

 

But, "Spirit of the law" and whether or not you are going to get arrested are 2 different things!

 

There are many ways to prepare for your CG going on Vacation for a month, or the other items you listed.

 

The fact is, there ARE going to be times we will be out of meds.

 

I had an AWESOME perpetual grow going for almost a year. I had enough meds and was clocking it JUST right.............I even thought, "Heh......I may NEVER have to depend on the outside world for meds again!" Then we were robbed. Things happen, I will be waiting for about 7 weeks for my next crop to be ready, and to be back on track. I UNDERSTAND!!!!! It SUCKS!

 

But, to tell people that it is LEGAL to assist people that aren't your patients is just WRONG!