Patient To Patient Transfers

[dotinthebox]

I am having a discussion with a friend and we cannot agree if patient to patient transfer are legal or not. so I thought I would ask you. thanks

[Kingdiamond]

I am having a discussion with a friend and we cannot agree if patient to patient transfer are legal or not. so I thought I would ask you. thanks

The way the law is worded yes they are legal.

 

 

The way law enforcement sees things who knows ?

[the green leaf farmacy]

the laws intent is to provide mm to patients with certin medical conditions 12 plants and 2.5 oz. so thay want you to provide yourself with the med you need for your condition. if you are unable to grow you can have a caregiver do it for you they can now grow your plants for you and they can take a fee for there service.that is the intent of the law.

 

no place in the law talks about patient to patient directly the law talks about a caregiver assesting a patient with the medical use. it says nothing about a patient assesting another patient with medical use.

[freakydawg420]

"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."

 

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

 

 

 

Let the interpretations begin

I say yes, P2P is perfectly covered.

 

more info:

 

http://www.michigan.gov/mdch/0,1607,7-132-27417_51869_52138---,00.htmlhttp://www.michigan.gov/mdch/0,1607,7-132-27417_51869_52138---,00.html

[the green leaf farmacy]

"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."

 

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

 

 

 

Let the interpretations begin

I say yes, P2P is perfectly covered.

 

more info:

 

http://www.michigan.gov/mdch/0,1607,7-132-27417_51869_52138---,00.htmlhttp://www.michigan.gov/mdch/0,1607,7-132-27417_51869_52138---,00.html

were did it say patient to patient where are the words that say a patient can assest another patient with medical use i cant see that call me ray charles

[peanutbutter]

the laws intent is to provide mm to patients with certin medical conditions 12 plants and 2.5 oz. so thay want you to provide yourself with the med you need for your condition. if you are unable to grow you can have a caregiver do it for you they can now grow your plants for you and they can take a fee for there service.that is the intent of the law.

 

no place in the law talks about patient to patient directly the law talks about a caregiver assesting a patient with the medical use. it says nothing about a patient assesting another patient with medical use.

 

It is completely unreasonable to expect someone that is sick or dying to wait four to six months to use their legal medicine.

[the green leaf farmacy]

Primary Caregivers - [section 4(e)] "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 marijuana and who has never been convicted of a felony involving illegal drugs

 

 

Compensation - [section 3(g)] 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.

 

 

that is where the term medical use is. see the words

 

 

Registered Qualifying Patients - [section 3(f)]. "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition. Must have a registry identification card, or legal equivalent if department fails to issue. [section 9(b)].

 

see no words no were thats the law black and white not gray.

[+RevThad]

the laws intent is to provide mm to patients with certin medical conditions 12 plants and 2.5 oz. so thay want you to provide yourself with the med you need for your condition. if you are unable to grow you can have a caregiver do it for you they can now grow your plants for you and they can take a fee for there service.that is the intent of the law.

 

no place in the law talks about patient to patient directly the law talks about a caregiver assesting a patient with the medical use. it says nothing about a patient assesting another patient with medical use.

You keep repeating this, and stating it as fact. Please provide some, any, documentation to support your position of what the intent of the law is. Or at the very least please document your position with sections of the law that support your position.

 

Combining your various positions (as stated in various threads) on what you say the law states, we are left with the understanding that.

 

1. A patient and or caregiver must wait until they have their card to do anything
   
2. That a patient either has to provide for themselves or get meds from their registered caregiver
   
3. That if those 2 positions are accurate then a patient would have to wait near 7 months before being able to medicate
   

 

Just a couple of simple logical tests can prove your theory wrong.

 

First.

If the law was written as you suggest, why include the word acquire for caregivers, as the word cultivate is already in the definition of "medical use"?

 

Second.

If transfers to other patients and caregivers weren't intended under the law, why would the law include a penalty for selling to people who are not covered under the act? As there are plenty of laws already covering sales between folks not involved with medical marijuana.

 

Finally,

Who do you suggest a visiting qualifying patient is able to acquire their meds from? Or should they travel here with their meds through states that aren't medical marijuana friendly? Your reading would provide for one heck of a boost to tourism, as their caregivers would have to travel with them as well?

 

I look forward to your rebuttal with facts (actual citations from the law and or notes from the legislature on the act).

[the green leaf farmacy]

It is completely unreasonable to expect someone that is sick or dying to wait four to six months to use their legal medicine.

sorry pb the law does not take that into account it irrelevant what were they doing befor mm its a new field

[the green leaf farmacy]

You keep repeating this, and stating it as fact. Please provide some, any, documentation to support your position of what the intent of the law is. Or at the very least please document your position with sections of the law that support your position.

 

Combining your various positions (as stated in various threads) on what you say the law states, we are left with the understanding that.

 

1. A patient and or caregiver must wait until they have their card to do anything
   
2. That a patient either has to provide for themselves or get meds from their registered caregiver
   
3. That if those 2 positions are accurate then a patient would have to wait near 7 months before being able to medicate
   

 

Just a couple of simple logical tests can prove your theory wrong.

 

First.

If the law was written as you suggest, why include the word acquire for caregivers, as the word cultivate is already in the definition of "medical use"?

 

Second.

If transfers to other patients and caregivers weren't intended under the law, why would the law include a penalty for selling to people who are not covered under the act? As there are plenty of laws already covering sales between folks not involved with medical marijuana.

 

Finally,

Who do you suggest a visiting qualifying patient is able to acquire their meds from? Or should they travel here with their meds through states that aren't medical marijuana friendly? Your reading would provide for one heck of a boost to tourism, as their caregivers would have to travel with them as well?

 

I look forward to your rebuttal with facts (actual citations from the law and or notes from the legislature on the act).

read post #7 rev its right there.

[thanks2]

Primary Caregivers - [section 4(e)] "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 marijuana and who has never been convicted of a felony involving illegal drugs

 

 

Compensation - [section 3(g)] 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.

 

 

that is where the term medical use is. see the words

 

 

Registered Qualifying Patients - [section 3(f)]. "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition. Must have a registry identification card, or legal equivalent if department fails to issue. [section 9(b)].

 

see no words no were thats the law black and white not gray.

The term use is also here.

 

Sec. 4. (a) A qualifying patient 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 the medical use of marihuana in accordance with this act, provided

that the qualifying patient possesses an amount of marihuana that does not exceed

2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that

a primary caregiver will be allowed under state law to cultivate marihuana for the

qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any

incidental amount of seeds, stalks, and unusable roots shall also be allowed under

state law and shall not be included in this amount.

[the green leaf farmacy]

Primary Caregivers - [section 4(e)] "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 marijuana and who has never been convicted of a felony involving illegal drugs

 

 

Compensation - [section 3(g)] 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.

 

 

that is where the term medical use is. see the words

 

 

Registered Qualifying Patients - [section 3(f)]. "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition. Must have a registry identification card, or legal equivalent if department fails to issue. [section 9(b)].

 

see no words no were thats the law black and white not gray.

right here rev right here this is the law i did not make it up

[peanutbutter]

sorry pb the law does not take that into account it irrelevant what were they doing befor mm its a new field

 

You are in error.

[thanks2]

What can they not be arrested for? Medical use.

 

Ok then what is medical use?

 

see above.

[Willy]

Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, I would think by the last two references/etc/ex: that who would be deliverying, and transfering and the term acquisition also speaks volumes. Just my interpretation. .02

 

Too me a cg would deliver, a patient to patient would be a transfer. JMHO

[the green leaf farmacy]

The term use is also here.

 

Sec. 4. (a) A qualifying patient 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 the medical use of marihuana in accordance with this act, provided

that the qualifying patient possesses an amount of marihuana that does not exceed

2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that

a primary caregiver will be allowed under state law to cultivate marihuana for the

qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any

incidental amount of seeds, stalks, and unusable roots shall also be allowed under

state law and shall not be included in this amount.

medical use in accordance with the act ie caregivers not patient to patient thats is what we are talking about

[the green leaf farmacy]

You are in error.

sorry you might be in error

[freakydawg420]

Ok, Ray Charles it is.....

 

"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."

 

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

 

 

P2P, IS COVERED under MEDICAL USE. This is a copy pase right off the STATE LAW.

 

If I am a patient, I am alowed to participate in "MEDICAL USE"

 

The term MEDICAL USE MEANS - I as a patient CAN: acquire, possess, cultivate, manufacture, use, DELIVER, TRANSFER, in RELATION TO: the ADMINISTRATION of, or to TREAT or ALLEVIATE a "REGISTERED QUALIFYING PATIENTS" debilitating medical condition or symtoms assctd with...

 

So, if I as a patient can DELIVER, who can I deliver it to?

can TRANSFER, who can I TRANSFER TO?

can ADMINISTER, to who?

 

Ahhh wait, the answer is right there....

 

I can DELIVER, TRANSFER or ADMINISTER to: "a registered qualifying patient"

 

its right there Ray, right there....

[peanutbutter]

sorry you might be in error

 

Not on this topic.

 

I've provided you with the legal points already.

 

Repeating your error will not change it.

[+RevThad]

Primary Caregivers - [section 4(e)] "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 marijuana and who has never been convicted of a felony involving illegal drugs

 

 

Compensation - [section 3(g)] 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.

 

 

that is where the term medical use is. see the words

 

 

Registered Qualifying Patients - [section 3(f)]. "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition. Must have a registry identification card, or legal equivalent if department fails to issue. [section 9(b)].

 

see no words no were thats the law black and white not gray.

 

What about the rest of the law?

 

Like the inclusion of this:

 

"(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.

"

 

What does that statement mean to you? To me it says that a patient or caregiver is able to sell to somebody that is allowed to use marijuana for medical purposes. Also that if a patient or caregiver sells to someobdy that is not allowed to use for medical purposes that there will be a penalty imposed on top of other laws.

 

Pretty clear, in black and white.

[freakydawg420]

I think it's another case of interpretation.

 

I and the lawyers I have asked see it one way....

 

Those who dont want patients transfering among ourselves, see it their own way.

How else do they expect to make money? I mean if we as patients can grow and exchange between ourselves, and caregivers... then the dispensaries are not needed, meaning we dont need to pay $500/oz when we can transfer between caregivers, and P2P much more "compationately"

[thanks2]

medical use in accordance with the act ie caregivers not patient to patient thats is what we are talking about

Ok then, can you explain this one to me?

Purpose of the act...from ballet.

 

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

for using marijuana as a defense to any prosecution involving marijuana

[Kingdiamond]

:DeadHorse:

 

Was hoping the beating the deadhorse smilie would work here because if there ever were a subject that needed it its this subject right here .

[freakydawg420]

"(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.

 

I expecially like the part that says "who sells to someone WHO IS NOT ALLOWED to use marihuana for medical purposes under this act"

 

otherwords Ray....

 

if they are allowed to use under this act, then I as a patient or caregiver am allowed to help them

[+RevThad]

Edited to correct my response..... will finish responding here.

 

medical use in accordance with the act ie caregivers not patient to patient thats is what we are talking about

Who is allowed to engage in medical use? Only caregivers or only patients or both?

 

Are you suggesting that there is some magical dividing line in the definition of medical use? Something that is not written there to differentiate between who is allowed to engage in which parts of "medical use" as defined by the law?

 

While my reading comprehension may not be as psychicly linked as yours, just moving a bit down the page from the sections you keep trying to quote to bear proof of your position... we come across an answer to that question of who is allowed to engage in 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:"

 

 

Notice that it suggests that both patients and/or caregivers are able to be engaged in the "medical use", and further it states that there shall be a presumption of that very thing, as long as the criteria are met. So what is the test of that presumption?

 

"(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.

"

 

Check.