Patient With Caregiver...aloud To Grow?

[Hempcheff]

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

 

"A" Being the important descriptive word regarding "patient"

 

also "connected" is in reference to "the department's registration process" which is the actual registration system itself.

 

this is reinforced by the definition of medical use.

 

also, i do agree about the cultivation limits set up by the status of a "Primary' caregiver, but it in no way limits you to only assisting the patients that you have vowed to take responsibility for.

[The Digital Nomad]

"A" Being the important descriptive word regarding "patient"

 

also "connected" is in reference to "the department's registration process" which is the actual registration system itself.

 

this is reinforced by the definition of medical use.

 

also, i do agree about the cultivation limits set up by the status of a "Primary' caregiver, but it in no way limits you to only assisting the patients that you have vowed to take responsibility for.

 

I am done pointing out the law, now you need to ask Matt Abel. You guys can point out every possible scheme, but the MDCH has only one plan, its rules. I present what I tell every new person, and I confirmed it by talking with lawyers and Matt Abel.

 

Let me see the MDCH card that says "patient possess plants" and list a caregiver on the back of it.

You can only select one choice on the application and MDCH will not accept explaination of why you disobeyed form instructions and picked more than ONE choice.

 

-DN

[Guest Happy Guy]

Let me see the MDCH card that says "patient possess plants" and list a caregiver on the back of it.

 

I have one like that. I'm a patient that grows for themselves and have a caregiver too that just helps with my medical needs. If you really need a pic I can provide that.

 

DN,

You are correct that caregivers can legally only serve patients that are registered to them. Hard saying the things that don't win you any friends. Keep up the good work.

[Nemosity]

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

 

Just wanted to nod my head in agreement.

[Hempcheff]

Let me see the MDCH card that says "patient possess plants" and list a caregiver on the back of it.

 

I have one like that. I'm a patient that grows for themselves and have a caregiver too that just helps with my medical needs. If you really need a pic I can provide that.

 

DN,

You are correct that caregivers can legally only serve patients that are registered to them. Hard saying the things that don't win you any friends. Keep up the good work.

 

thanks, i know several people with cards like that.

[Southern Cross]

"A" Being the important descriptive word regarding "patient"

 

also "connected" is in reference to "the department's registration process" which is the actual registration system itself.

 

this is reinforced by the definition of medical use.

 

also, i do agree about the cultivation limits set up by the status of a "Primary' caregiver, but it in no way limits you to only assisting the patients that you have vowed to take responsibility for.

Section 4. Protections for the Medical Use of Marihuana describes the benefits of registering with the department and Section 6. Administering the Department's Rules. describes how the registration precess works.

 

Section 6 (d) The department shall issue a registry identification card to the primary caregiver, if any, who is named in a qualifying patient's approved application; provided that each qualifying patient can have no more than 1 primary caregiver, and a primary caregiver may assist no more than 5 qualifying patients with their medical use of marihuana.

 

As others have pointed out the application provides for a patient to designate a primary caregiver and still possess their own plants.

[The Digital Nomad]

Section 4. Protections for the Medical Use of Marihuana describes the benefits of registering with the department and Section 6. Administering the Department's Rules. describes how the registration precess works.

 

Section 6 (d) The department shall issue a registry identification card to the primary caregiver, if any, who is named in a qualifying patient's approved application; provided that each qualifying patient can have no more than 1 primary caregiver, and a primary caregiver may assist no more than 5 qualifying patients with their medical use of marihuana.

 

As others have pointed out the application provides for a patient to designate a primary caregiver and still possess their own plants.

 

Heh, I didn't become an advocate to be popular!

 

Ok, let's side track a bit - in the MDCH FAQ, it says:

 

"The caregiver must sign a statement agreeing to provide marihuana only to the qualifying patients who have named the individual as their caregiver. The caregiver's name, address, birth date and social security number must be provided to the state at the time of a patient's registration."

 

So that takes care of the 'caregivers' can help any patient debate eh?

 

- now on the patient possess plants debate -

Lets consider other options for the same effect - if you want to be a patient who possess plants and has a CG:

1. The address on the application does not have to be the address the marijuana is grown, the CG can grow marijuana at your house. You both are legally allowed to interact with that growroom.

- No need to select BOTH options in section C, just select CG possess plants so he/she can possess plants to help you with full legal protection - ie like fetching clones for you.

Or No CG is really needed in "patients helping patients"

- The patient can select to possess plants, and use a patient as a consultant/broker. Other patients who grow can transfer clones, help with growing, and manufacturing.

 

Now consider the Patient who HAS a card that says he can possess plants AND has a CG (if you guys say you have one!). Does the CG have protection to possess plants while helping the patient? If the CG is pulled over with a clone in his car and HIS card is inspected - DOES HIS CARD SAY HE CANNOT POSSESS PLANTS? After all - the MDCH did not want BOTH patient and CG possessing plants right?

 

meh? who wants to be popular? I ain't running for county executive...

 

-DN

[Guest Happy Guy]

Now consider the Patient who HAS a card that says he can possess plants AND has a CG (if you guys say you have one!). Does the CG have protection to possess plants while helping the patient? If the CG is pulled over with a clone in his car and HIS card is inspected - DOES HIS CARD SAY HE CANNOT POSSESS PLANTS? After all - the MDCH did not want BOTH patient and CG possessing plants right?

 

When the patient's card says they can possess the plants the caregiver's card says they can't possess the plants.

[The Digital Nomad]

Now consider the Patient who HAS a card that says he can possess plants AND has a CG (if you guys say you have one!). Does the CG have protection to possess plants while helping the patient? If the CG is pulled over with a clone in his car and HIS card is inspected - DOES HIS CARD SAY HE CANNOT POSSESS PLANTS? After all - the MDCH did not want BOTH patient and CG possessing plants right?

 

When the patient's card says they can possess the plants the caregiver's card says they can't possess the plants.

 

I like the idea of a patient growing and having a CG, I just disagree with the pathway. I rather possess a card that says I have full rights to be a CG, possess plants, or plant material. Just grow at the patient's house.

If the patient is unable to get around and needs help of a CG, I can't see the CG taking the chance of picking up clones for the patient if he has a card that says "No Plants". Otherwise the CG is just a broker for meds, call it what it is.

 

I guess when I start seeing these cards, I will start counting them!

 

-DN

[phaquetoo]

grey area's lead to court cases!

 

Peace

FTW

Jim

[Guest Happy Guy]

I like the idea of a patient growing and having a CG, I just disagree with the pathway. I rather possess a card that says I have full rights to be a CG, possess plants, or plant material. Just grow at the patient's house.If the patient is unable to get around and needs help of a CG, I can't see the CG taking the chance of picking up clones for the patient if he has a card that says "No Plants". Otherwise the CG is just a broker for meds, call it what it is.I guess when I start seeing these cards, I will start counting them!-DN

Works good as a team. Each has the same rights with the other. Each is a patient and each is a caregiver. Makes the plant handling problem a non issue. Position of strength, using all the rights afforded. Each strengthens the other's rights.

[Guest Happy Guy]

grey area's lead to court cases!PeaceFTWJim

Not a grey area at all. I asked an attorney. MDCH had no problems with it. Don't mistake it for some grey area..... It's basic and useful.

[phaquetoo]

I like the idea of a patient growing and having a CG, I just disagree with the pathway. I rather possess a card that says I have full rights to be a CG, possess plants, or plant material. Just grow at the patient's house.

If the patient is unable to get around and needs help of a CG, I can't see the CG taking the chance of picking up clones for the patient if he has a card that says "No Plants". Otherwise the CG is just a broker for meds, call it what it is.

 

I guess when I start seeing these cards, I will start counting them!

 

-DN

 

 

I dont read what you read in the law, all I do believe is a pat can posses plants and have a c.g, that c.g can not possess them 12 plants but cg can possess other pat plants, and they can also have 2.5 oz cured for the patient they dont posses plants for! whoooo that was hard to get out!

 

 

Peace

FTW

Jim

[trix]

Ok, this is a topic I must step in on... I am currently in the process of going to prison over this subject. Macomb county prosecutors say this is ILLEGAL!!!

My situation is this I had 12 plants growing in my home my card says I am a patient and have a C.G, he is growing my 12 plants under my roof not his because there wasn't room for all the plants in his home the grow room was under lock and key w/ the proper paperwork posted on the door. LEO is saying that I'm committing a felony because it is in MY home so the plants are MINE not my C.G's. even with a signed and notarized statement saying that they are his plants he was growing them not me. The real kicker is my firearm that I own was dragged into this and now they are charging me with felony firearm charges mandatory 2yr charge. This all because my C.G was growing in MY home!!! DON'T DO THIS UNLESS YOU WANT TO BE A CONVICTED FELON!! This has ruined my life and this law if not followed to the T it will ruin yours as well, don't do it if you have to think twice about it... Hope that nobody has to go through what I'm going through.

Trix

[newbie52]

I am a caregiver for my brother. I am not a patient. I have a caregiver's card. At the bottom of it it says this:

 

Authorized to possess plants: NO

 

Does it need to be any clearer on this subject of whether you can grow for yourself and still have a caregiver? Most obviously, the state of MI say yes.

[Guest Happy Guy]

Ok, this is a topic I must step in on... I am currently in the process of going to prison over this subject. Macomb county prosecutors say this is ILLEGAL!!! My situation is this I had 12 plants growing in my home my card says I am a patient and have a C.G, he is growing my 12 plants under my roof not his because there wasn't room for all the plants in his home the grow room was under lock and key w/ the proper paperwork posted on the door. LEO is saying that I'm committing a felony because it is in MY home so the plants are MINE not my C.G's. even with a signed and notarized statement saying that they are his plants he was growing them not me. The real kicker is my firearm that I own was dragged into this and now they are charging me with felony firearm charges mandatory 2yr charge. This all because my C.G was growing in MY home!!! DON'T DO THIS UNLESS YOU WANT TO BE A CONVICTED FELON!! This has ruined my life and this law if not followed to the T it will ruin yours as well, don't do it if you have to think twice about it... Hope that nobody has to go through what I'm going through.Trix

This shows how important it is to get the paperwork right. If the plants are going to be at your house you have to say that they are yours. The defense that they were not yours even though you were in posession never flies. If you would have just filled them out so it said you posessed the plants and you had a caregiver for other things then you would be in a strong legal position instead of being put through the ringer.

Thanks for stepping in BUT you are not doing us a service by scaring patients away from doing something that is totally legal and actually works great for a lot of us. You just messed up the paperwork. Your caregiver could have still helped you grow the plants at your home if you would have said on the forms that you were growing your own plants. Sorry this happened to you while you were in a vulnerable position of not having registered properly. Information is so very important when you are getting ready to fill out the paperwork!

[Hempcheff]

This shows how important it is to get the paperwork right. If the plants are going to be at your house you have to say that they are yours. The defense that they were not yours even though you were in posession never flies. If you would have just filled them out so it said you posessed the plants and you had a caregiver for other things then you would be in a strong legal position instead of being put through the ringer.

Thanks for stepping in BUT you are not doing us a service by scaring patients away from doing something that is totally legal and actually works great for a lot of us. You just messed up the paperwork. Your caregiver could have still helped you grow the plants at your home if you would have said on the forms that you were growing your own plants. Sorry this happened to you while you were in a vulnerable position of not having registered properly. Information is so very important when you are getting ready to fill out the paperwork!

[Guest Happy Guy]

I wasn't saying they should be prosecuted. Also, it's not fair that they didn't have the information to fill the forms out correctly in the first place. We can help others do it right by giving better instructions here and at cc meetings. It is very important to get those forms filled out just right.

[Hempcheff]

Ok, this is a topic I must step in on... I am currently in the process of going to prison over this subject. Macomb county prosecutors say this is ILLEGAL!!!

My situation is this I had 12 plants growing in my home my card says I am a patient and have a C.G, he is growing my 12 plants under my roof not his because there wasn't room for all the plants in his home the grow room was under lock and key w/ the proper paperwork posted on the door. LEO is saying that I'm committing a felony because it is in MY home so the plants are MINE not my C.G's. even with a signed and notarized statement saying that they are his plants he was growing them not me. The real kicker is my firearm that I own was dragged into this and now they are charging me with felony firearm charges mandatory 2yr charge. This all because my C.G was growing in MY home!!! DON'T DO THIS UNLESS YOU WANT TO BE A CONVICTED FELON!! This has ruined my life and this law if not followed to the T it will ruin yours as well, don't do it if you have to think twice about it... Hope that nobody has to go through what I'm going through.

 

Trix

 

Im curious to hear more about your case as im in macomb county. What was the plant count at your caregivers?

 

I only ask because when i first got my card i had a CG approach me with a proposition where i let them possess my plants, set up a grow at my house, post paperwork including agreement to rent the space, so it appears that my cg has a facility set up in my home. Alls good!!!

 

Here is where it got twisted for the patient. He was still going to grow his limit by his card count, in his home. for example 5 patients growing in their house, and him growing for those patients at the same time in return for a cut of the overages.

 

His logic? If any one of them gets "busted" they are good to go because leo isnt going to go check your CG house for your plants to follow up, they see them at your house. BUT if they did follow up on a CG, and it is the case where he DOES have his plant max then you are going to jail, because in the end its cardholder that matters, and his defense that you grew on your own is locked in tight.

 

Im sorry for your trouble, perhaps a call to the ACLU is in order,

[phaquetoo]

Ok, this is a topic I must step in on... I am currently in the process of going to prison over this subject. Macomb county prosecutors say this is ILLEGAL!!!

My situation is this I had 12 plants growing in my home my card says I am a patient and have a C.G, he is growing my 12 plants under my roof not his because there wasn't room for all the plants in his home the grow room was under lock and key w/ the proper paperwork posted on the door. LEO is saying that I'm committing a felony because it is in MY home so the plants are MINE not my C.G's. even with a signed and notarized statement saying that they are his plants he was growing them not me. The real kicker is my firearm that I own was dragged into this and now they are charging me with felony firearm charges mandatory 2yr charge. This all because my C.G was growing in MY home!!! DON'T DO THIS UNLESS YOU WANT TO BE A CONVICTED FELON!! This has ruined my life and this law if not followed to the T it will ruin yours as well, don't do it if you have to think twice about it... Hope that nobody has to go through what I'm going through.

Trix

 

 

Trix I dont recall reading about your case! Im sorry for what you are going thru, sounds like you need a better lawyer if you are on your way to prison? are you already tried?

 

I dont see how they can do this to you unless you were way over plant count or cured mm?

 

I have been thru the system 3 times, and now they are hitting me with a diff part of the system! (i know my rights, i hope you do) and I wont go to prison or jail!!

 

If there is a thread to what your situation is could you please direct me to it! other wise get busy get an mm friendly lawyer that knows the laws!

 

Peace

FTW

Jim

[phaquetoo]

This shows how important it is to get the paperwork right. If the plants are going to be at your house you have to say that they are yours. The defense that they were not yours even though you were in posession never flies. If you would have just filled them out so it said you posessed the plants and you had a caregiver for other things then you would be in a strong legal position instead of being put through the ringer.

Thanks for stepping in BUT you are not doing us a service by scaring patients away from doing something that is totally legal and actually works great for a lot of us. You just messed up the paperwork. Your caregiver could have still helped you grow the plants at your home if you would have said on the forms that you were growing your own plants. Sorry this happened to you while you were in a vulnerable position of not having registered properly. Information is so very important when you are getting ready to fill out the paperwork!

 

 

I can draw up a lease and lease a room in my house to who ever I want, It is legal, and if that person is a c.g, and growing in that space, and it is locked and only he goes in there, I dont see a prob with it, alot of c.g's cant grow at home (wife, kids, neighbors) they just are not comfortable, you dont have to have on you c,g card the location of your grow, or mine would be growing in the little p.o box i have as my adress!!! Im not going to grow on government property!?! lmao

 

Peace

FTW

Jim

[phaquetoo]

I like the idea of a patient growing and having a CG, I just disagree with the pathway. I rather possess a card that says I have full rights to be a CG, possess plants, or plant material. Just grow at the patient's house.

If the patient is unable to get around and needs help of a CG, I can't see the CG taking the chance of picking up clones for the patient if he has a card that says "No Plants". Otherwise the CG is just a broker for meds, call it what it is.

 

I guess when I start seeing these cards, I will start counting them!

 

-DN

 

 

Ok lets end this DN you want to be my c.g? can you meet me half way? can I get some of the swag each time we meat so i can make my own medibles , hash and oil? will you give me a reasonable price for meds? I dont care what you do with the overages from the 12 you grow for me, if i cant use it let some one else!

 

Peace

FTW

Jim