Patient With Caregiver...aloud To Grow?

[horatius]

Hey all, I apologize in advance if this is common knowledge but if a patient has a designated caregiver, is it illegal for that patient to also grow their own plants? Thanks for a quick answer

[MacombCountyCaregiver]

As a patient, you can still have a caregiver AND possess your plants.

You just fill out the Primary Caregiver Info in Section B.

Check the box in Section C where it says "Applicant/Patient"

And have your Caregiver fill out the Caregiver Attestation.

 

In this scenario, the Caregiver would NOT be able to grow for the patient.

However, the Caregiver WOULD be allowed to possess 2.5 ounces for their patient, and would have to agree to assist in helping the Patient medicate if they needed assistance... You know, in case they have a "Debilitating Medical Condition"

[DETROITSINCITY]

As a patient, you can still have a caregiver AND possess your plants.

You just fill out the Primary Caregiver Info in Section B.

Check the box in Section C where it says "Applicant/Patient"

And have your Caregiver fill out the Caregiver Attestation.

 

In this scenario, the Caregiver would NOT be able to grow for the patient.

However, the Caregiver WOULD be allowed to possess 2.5 ounces for their patient, and would have to agree to assist in helping the Patient medicate if they needed assistance... You know, in case they have a "Debilitating Medical Condition"

do you have a link to document that states that??? ive been looking for more info in regards to the subject.

[phaquetoo]

As a patient, you can still have a caregiver AND possess your plants.

You just fill out the Primary Caregiver Info in Section B.

Check the box in Section C where it says "Applicant/Patient"

And have your Caregiver fill out the Caregiver Attestation.

 

In this scenario, the Caregiver would NOT be able to grow for the patient.

However, the Caregiver WOULD be allowed to possess 2.5 ounces for their patient, and would have to agree to assist in helping the Patient medicate if they needed assistance... You know, in case they have a "Debilitating Medical Condition"

 

 

or need c.g to aquire meds for them thru another source!

 

Peace

FTW

Jim

[The Digital Nomad]

I would like to see proof of this too - it sounds like conjecture. I would caution people on possessing plants ( a major felony) - it has major implications than just buying a gram from another patient or even dispensary. As far as I know, the application requires ONE person (Select One!) to possess plants - on the application it says:

"Section C: PERSON ALLOWED TO POSSESS PATIENT’S MARIHUANA PLANTS: (REQUIRED)

SELECT ONE:  APPLICANT/PATIENT OR  PRIMARY CAREGIVER (Caregiver Attestation & photo ID Required)"

 

They will not even consider your CG application if you select "Applicant/Patient", as the patient will be responsible for obtaining and cultivating marijuana. Your patient card will say "NO Caregiver" and that you may "possess plants". If they process your Caregiver application - your card will say "NO" for possessing plants, and the back of the card will have your Caregiver information and say the caregiver may possess plants. Cops looking at "who may possess plants" will see either you or the CG may possess plants - not a patient that grows, but has a CG. The card only allows one or the other - you either get the patient card "possess plants' or you get a CG on the back of your card, who possess plants. Remember - police are just going to read the card - not interpet your little deal with your CG.

 

If this poster has new information - proof that this is legal and accepted by the MDCH - then I concur.

 

The MMMAct deems that if a patient chooses a caregiver - the plants can only be grown by the caregiver. A patient cannot grow marijuana and allow someone else to grow too. People that try to chain tricky applications - like "I am a CG that grows, but I have a CG that grows for me too!" - suspicious applications can be flagged by MDCH.

 

The funny thing is - the caregiver does not have to grow at their home, they could legally grow at the patient's house. The address listed on the MDCH MMMP application does not have to be the grow address. In this case, the CG still possess the plants (by lock and key) under the patient's own home. The patient can legally access this grow room as it is his medicine. Documentation posted at the grow location should reflect the Caregiver's control over the room then. Do it right.

 

You don't need a CG to acquire meds - as a patient you have more legal protection to obtain meds from another patient. This is called P2P or Patient to Patient. Caregivers are NOT allowed to help a patient they are NOT registered with the MDCH to. The Patient to Patient is the economic simulus plan - the people compensate each other and benefit - not some corporation or large monopoly.

 

lastly - don't believe what you read in any public forum - consult a lawyer before committing a possible felony!

 

-DN

[herbnurse]

My understanding is the same as digital. You either have a cg or you dont. If you do have a cg you CAN NOT POSSESS PLANTS.

[+EdwardGlen]

I have a carded CG and I posses my plants.

[phaquetoo]

well i read in the law that i can possess my own plants and have a cg that dont posses my plants!

 

its like a bible, we all get something diff out of what we read!

 

I found 2 places refering to c.g's one says you may only have 5 patients and supply them with mm etc etc. and the other says a c.g can suply to a certified patient! which is it,

 

why do you think they are having dispens probs, cause it dont say if them c.gs can supply to those not their patients, and it says they can!

 

confusing!

 

time to vape

 

Peace

FTW

Jim

[herbnurse]

I have a carded CG and I posses my plants.

Do you actually have your plastic card? You are saying you have your card and under where it says can possess plants it says yes? If you dont have your card yet be warned it will probably say you can not possess plants.

[ozzrokk]

You CAN have a caregiver and STILL POSSES your own plants. All you have to do is designate yourself to posses the plants and Not your caregiver. This is not speculation this is not debated this is not a GREY area it is in the law.

Hope that helps clear things up for you

[The Digital Nomad]

Its patient to patient transactions that are working in dispensaries, even if the dispensary tried to use the CG/patient rule - that employee can still only serve his five patients.

 

Here is the quote from the actual MMMAct that I say does not allow plants to be possessed by the patient "if he selects to have a CG"

(Sec. 4. (a))

"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

 

The law says that the patient will possess the plants if he did not specify a CG. So this means to me - on the MDCH form - it is asking you WHO WILL POSSESS PLANTS - and your only choices are

Patient/applicant OR Caregiver.

 

The MDCH does not have variable plans - you can't say "Hey I want to grow plants, but have a CG" or "I want to be a patient/CG AND have a CG too!" The plan is simple - you either grow for yourself, or you have a CG that grows for you.

 

I would like to see a MDCH card that shows a patient card that says "Patient POSSESS plants YES" AND list a caregiver on the back of the same card. this is simple proof - and unless someone shows me this card - I say its not a viable scheme and the MDCH can flag it.

 

-DN

[The Digital Nomad]

You CAN have a caregiver and STILL POSSES your own plants. All you have to do is designate yourself to posses the plants and Not your caregiver. This is not speculation this is not debated this is not a GREY area it is in the law.

Hope that helps clear things up for you

 

Look at the MDCH form and show me how to designate this, as you can only SELECT ONE!!!

 

 

Section C: PERSON ALLOWED TO POSSESS PATIENT’S MARIHUANA PLANTS: (REQUIRED)

SELECT ONE:  APPLICANT/PATIENT OR  PRIMARY CAREGIVER (Caregiver Attestation & photo ID Required)

 

SELECT

 

ONE

 

 

Tell me you selected both, and I will tell you to expect a letter from MDCH telling you your application is held up because you failed to properly fill out the form.

 

 

-DN

[Hempcheff]

As a patient, you can still have a caregiver AND possess your plants.

You just fill out the Primary Caregiver Info in Section B.

Check the box in Section C where it says "Applicant/Patient"

And have your Caregiver fill out the Caregiver Attestation.

 

In this scenario, the Caregiver would NOT be able to grow for the patient.

However, the Caregiver WOULD be allowed to possess 2.5 ounces for their patient, and would have to agree to assist in helping the Patient medicate if they needed assistance... You know, in case they have a "Debilitating Medical Condition"

 

 

this is accurate. come on people are you kidding me. this is clear as a bell, cut and dry, plain and simple. stop trying to turn this into a grey area for people.

 

stop chopping up the section on the app to argue the different points. the whole section is unambiguous regarding the subject of plant possession.

 

either you grow your plants and your caregiver takes on a supporting role for obtaining your meds outside your grow, "medical use"

 

or

 

Your caregiver grows your plants, and takes on a direct role in supplying your meds.

 

you can have a caregiver no matter who grows your plants. the law doesnt even require a patient or a caregiver to grow anything themselves or for themselves.

 

keep in mind the primary role of a caregiver is to provide support for an uninterrupted supply of medication.

 

No "proof" is required here.

 

 

Bear in mind, that the way things are currently, you cannot split your plants tween the two either, although another poster touched on no restriction for the grow location.

[peanutbutter]

I would like to see proof of this too - it sounds like conjecture. I would caution people on possessing plants ( a major felony) - it has major implications than just buying a gram from another patient or even dispensary. As far as I know, the application requires ONE person (Select One!) to possess plants - on the application it says:

"Section C: PERSON ALLOWED TO POSSESS PATIENT’S MARIHUANA PLANTS: (REQUIRED)

SELECT ONE:  APPLICANT/PATIENT OR  PRIMARY CAREGIVER (Caregiver Attestation & photo ID Required)"

 

They will not even consider your CG application if you select "Applicant/Patient", as the patient will be responsible for obtaining and cultivating marijuana. Your patient card will say "NO Caregiver" and that you may "possess plants". If they process your Caregiver application - your card will say "NO" for possessing plants, and the back of the card will have your Caregiver information and say the caregiver may possess plants. Cops looking at "who may possess plants" will see either you or the CG may possess plants - not a patient that grows, but has a CG. The card only allows one or the other - you either get the patient card "possess plants' or you get a CG on the back of your card, who possess plants. Remember - police are just going to read the card - not interpet your little deal with your CG.

 

If this poster has new information - proof that this is legal and accepted by the MDCH - then I concur.

 

The MMMAct deems that if a patient chooses a caregiver - the plants can only be grown by the caregiver. A patient cannot grow marijuana and allow someone else to grow too. People that try to chain tricky applications - like "I am a CG that grows, but I have a CG that grows for me too!" - suspicious applications can be flagged by MDCH.

 

The funny thing is - the caregiver does not have to grow at their home, they could legally grow at the patient's house. The address listed on the MDCH MMMP application does not have to be the grow address. In this case, the CG still possess the plants (by lock and key) under the patient's own home. The patient can legally access this grow room as it is his medicine. Documentation posted at the grow location should reflect the Caregiver's control over the room then. Do it right.

 

You don't need a CG to acquire meds - as a patient you have more legal protection to obtain meds from another patient. This is called P2P or Patient to Patient. Caregivers are NOT allowed to help a patient they are NOT registered with the MDCH to. The Patient to Patient is the economic simulus plan - the people compensate each other and benefit - not some corporation or large monopoly.

 

lastly - don't believe what you read in any public forum - consult a lawyer before committing a possible felony!

 

-DN

I've seen cards issued that way.

 

The patient may have plants on the front of the card and then the card lists a caregiver on the back.

 

Also if you look at a caregivers card there is a location for allowed to have plants followed by either yes or no.

[Hempcheff]

DM,

 

I agree with everything youve got there in that post, except for "Caregivers are NOT allowed to help a patient they are NOT registered with the MDCH to."

 

as far as im concerned, the registration is the "link" between caregivers and patients, and there are penalties for supplying meds outside of the network (MDCH registry)

 

this is backed by medical use, and the verbage in the law, such as "Primary" caregiver, implying other, secondary caregivers by definition, and "assisting A patient with medical use, not His/her patient, or the patient or any other term denoting a monogomous relationship between the two.

[Ms Chocolate]

The patient can process his/her own plants, and still have a caregiver. It’s just a matter of filling the forms accordingly. Such a caregiver is still allowed to purchase, transfer, and ect marihuana for the patient.

 

The patient registration card will list the caregiver on the back, and will note that the patient has procession. The caregiver care will also state that the patient holds the plants. If the plants are in the patient’s home, then the patient has procession. Regardless how many plants are grown, only one person (either the patient or the caregiver) can grow.

--------------------------------------------------

Digital Nomad noted Sec 4 (a) …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.

 

If a caregiver has not been picked to cultivate, the patient can. If a caregiver has been picked to cultivate, the patient cannot.

[MacombCountyCaregiver]

Even though this is possible, it does NOT mean it's recommended.

The last thing you would want to do is get your Application RedFlagged my MDCH.

[Hempcheff]

Even though this is possible, it does NOT mean it's recommended.

The last thing you would want to do is get your Application RedFlagged my MDCH.

 

why would having a caregiver and possessing your own plants raise a red flag? there is nothing preventing a patient from growing his own plants and still having a "primary" caregiver. a "primary" caregiver is not synonymous with "grower", it is synonymous with "provider" in the law

[phaquetoo]

Look at the MDCH form and show me how to designate this, as you can only SELECT ONE!!!

 

 

Section C: PERSON ALLOWED TO POSSESS PATIENT’S MARIHUANA PLANTS: (REQUIRED)

SELECT ONE: X APPLICANT/PATIENT OR  PRIMARY CAREGIVER (Caregiver Attestation & photo ID Required)

 

SELECT

 

ONE

 

 

Tell me you selected both, and I will tell you to expect a letter from MDCH telling you your application is held up because you failed to properly fill out the form.

 

 

-DN

 

 

I dont agree, but im not real clear on this, in what i read i can have a c.g and posses my own plants, my c.g can go into my gr and help but cant posses them w/out me!

 

Peace

FTW

Jim

[phaquetoo]

My understanding is the same as digital. You either have a cg or you dont. If you do have a cg you CAN NOT POSSESS PLANTS.

 

 

i will tell you what when i get my renewel back i will check that i posses plants and assign a new cg that cant possess my plants and see what i get, it will take 6 months but at least i will know, welll bettter yet how about i call mellissa and ask her im sure she knows the answer

1

 

Peace

FTW

Jim

[Hempcheff]

Do you actually have your plastic card? You are saying you have your card and under where it says can possess plants it says yes? If you dont have your card yet be warned it will probably say you can not possess plants.

 

there is nothing preventing a patient from growing his own plants and still having a "primary" caregiver. a "primary" caregiver is not synonymous with "grower", it is synonymous with "provider" in the law

[Hempcheff]

just to clear this up once and for all. Primary caregiver designation is covered under section B.

Plant possession is covered under section C

 

there would be no need to ask section C if a patient automatically lost the rights to his plants by assigning a primary caregiver in section b.

 

section c would be redundant, and would in fact encourage applicants to break the law by marking the patient/applicant box instead of the Primary caregiver box because by your logic it is already illegal for a patient to possess his plants if that patient filled in section B.

 

 

 

http://www.michigan.gov/documents/mdch/Medical_Marihuana_Packet_3-27-09_272862_7.pdf

[Ionic7]

You could use section C and B, if you have a CG who grows for you but the grow room is on your property so someone that physically could not do it would benefit.

[The Digital Nomad]

DM,

 

I agree with everything youve got there in that post, except for "Caregivers are NOT allowed to help a patient they are NOT registered with the MDCH to."

 

as far as im concerned, the registration is the "link" between caregivers and patients, and there are penalties for supplying meds outside of the network (MDCH registry)

 

this is backed by medical use, and the verbage in the law, such as "Primary" caregiver, implying other, secondary caregivers by definition, and "assisting A patient with medical use, not His/her patient, or the patient or any other term denoting a monogomous relationship between the two.

 

well,

here is how it reads in the MMMAct -

 

 

"(b) 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.."

 

Primary or not, the caregiver has to be connected with the patient through the department's registry.

 

This was so caregivers would only be allowed to assist and cultivate for upto 5 patients.

 

Matt Abel, again - said this in the MMMMagazine - the caregiver can only help those he/she is connected to through the MDCH.

 

Not trying to be a dick about, but this has to be clear so you guys stay out of jail.

 

-DN

[The Digital Nomad]

You could use section C and B, if you have a CG who grows for you but the grow room is on your property so someone that physically could not do it would benefit.

 

Go ahead select more than one and see how the form processes.

 

As for a patient who grows, having assistance in his garden, the law allows:

 

(i) A person 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, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

 

and remember, "medical use" is defined as:

 

"(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.

 

 

So you don't have to be a CG or a patient (it can be your SPOUSE!) to help a patient grow.

 

-DN