Caregiver/grower Info Please ?

[Disavowed]

I'm extremely interested in becoming a caregiver. I've advocated the legalization both purely and medically my entire life. I have a MM patient who is interested in setting me up as his caregiver (I grew for him in the past, but not legally) but I can't seem to find anything on the laws and rules as to how this works out. He's very scared of losing his card, and in a deal of pain. He wants to become a successful grower but says that legally I can't even help him grow until I become a caregiver.

 

If I become his caregiver, can he still attempt to grow on his own, or would only I be able to grow? Or could I grow 6 and allow him to grow 6 in separate locations (even in the same house if necessary) to show him how and what I do? He's been trying to get a plant off the ground for 4 months now with no success, and I've grown in the past myself with a great deal of success. Ideally I'd like to become his caregiver, if at least temporarily, gather a small amount of product and add additional patients once I have a product to present to them, and once he learns how to do it himself properly, release myself as his caregiver and move on to assist other patients.

 

Also; I understand that it's very difficult to become a caregiver without a product to present to the patient. Could I become his caregiver temporarily, split the growing until I can add a second patient, then remove myself as his caregiver and take on new patients?

 

Unless someone is interested in taking a shot to help me get off the ground, I don't see how I can become a caregiver with no product, and I can't produce a product without it being first illegal. From what I've read there's only three minor requirements. 1) You must be at least 21 years old 2) You must agree to assist with a patient’s medical use of marihuana 3) You can not have a felony conviction involving illegal drugs.

 

Though I do have a felony (not drugs) I fit all these requirements. Is there anything else I should be aware of?

 

Thanks for your time!

[Grow Thread]

WELCOME TO THE SITE!!

 

it sounds like you pretty much have the basics down.

 

yes, you must be a caregiver in order to grow, and you are correct, a patient must designate you as his/her c.g. before you may become a caregiver.

 

what you and your friend need to do is fill out this form and and send it in along with $10:

 

http://michiganmedic...post__p__165141

 

in that form, he/she assigns you as their caregiver.

 

the law does not say where the plants must be grown. your house, their house, an abandoned warehouse..... doesnt matter.

 

many caregivers start off as patients growing for themselves first, or growing for a friend/patient like you plan to...... then you can add patients from there as you/they desire.

[Disavowed]

I think that answers almost everything except how the plant numbers work out. Can he still try to grow 12 for himself if I'm trying to grow 12 for him? Optimally I'd like to keep plants in the several various stages as I did before as opposed to 12 at once. This would also allow me to teach proper care of each stage of development and get him set up properly, show the differences between indica/sativa, and how they're grown, as well as allow me to provide "samples" to potential future patients of both blends as they do have very different medical purposes/results. But in order to do all this if I have to split everything, I'd be stuck with only one indica and one sativa flowering a month. This doesn't leave much room for any unforeseeable errors or accidents that could ruin a single plant or two.

 

I really wasn't going to look into this as I like to keep to myself and stay under the radar but after reading post after post after post of patients being neglected and metaphorically 'screwed' by their caregivers (not delivering product as promised/keeping it for themselves) it has infuriated me and has pushed me into a position where I'd like to take action.

[Grow Thread]

12 plants per patient...... doesnt matter if the patient is their own caregiver or if they assign one to grow for them...... 12 plants per patient.

[continuobrisa]

Welcome to the site!

 

I strongly recommend reading the act at least 3 times. It says what it says.

 

Check out the act here: michigan.gov

 

This should answer most of your questions. You will still have questions, everyone does. Great answers here, but as always legal counsel is strongly advised.

[Disavowed]

@bubblegrower: I was pretty sure that was the case, thanks.

 

@continuobrisa: I've read it a few times and it's extremely vague in most areas. Mostly seems like they're trying to vie for legal interpretation to cover their own arses instead of making it very clear as to what the definition of the actual act is. I also can't find anything in the way of a caregiver in possession of any patient paraphernalia either.

[Broken]

Doesn't really seem vague to me... here's a cut/paste of the info you are having a hard time finding.

 

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.

 

(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, 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.

 

© A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.

 

(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.

 

(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.

[Broken]

there's stuff in there about paraphernalia too, they allow you to have scales and such because how would you keep your limits if you didn't.

 

(g) 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, for providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient's medical use of marihuana.

 

(h) Any marihuana, marihuana paraphernalia, or licit property that is possessed, owned, or used in connection with the medical use of marihuana, as allowed under this act, or acts incidental to such use, shall not be seized or forfeited.

[Retta]

Only one card says allowed to possess plants. If you become his caregiver his card will not say he can possess plants yours will.

[phaquetoo]

yes you can be his c.g and he can maintain possesion of plants and you can go help him, or you can be c.g with possesion of his plants and he can come to your house or gr to learn, prob that is best for now, since he or she is your friend than it shouldnt be aprob for them to wait for your grow! you can also get mm from else where for your pt for now! you CANT split plant counts, one or the other possesses plants, once you have a grow or 2 under you, than you can find more pt's as you will have mm available! and your first pt, can drop you as c.g when they are ready to grow on there own, its a simple form, 10 bucks, 20 days after check cashed no denial letter your legal to grow with paperwork!

 

Good luck! You do sound like you are heading in the right direction!

 

Merry Christmas

Peace

FTW

Jim

 

p.s unless you 2 are neighbors it is prob gonna be better for you to do it where it is convenient for you!

[Disavowed]

@Broken: This does not say anything about a caregiver in possession of paraphernalia...Just paraphernalia in general.

 

@retta: I'm reading more and am again confused. On the caregiver registration form for assigning a caregiver, it says in section C: "Person allowed to possess patient's marihuana plants: No change in person allowed to possess plants, change to new caregiver, Change from patient to caregiver" If while filling this out, he checks "No change in person allowed to possess plants" and appoints me as his caregiver, will it still list him as the one in possession of the plants and only afford me the opportunity to assist him in growing, to be in possession of 2.5 ounces of usable marijuana for him, and deal with the waste of the remaining plant properly?

 

As I said, he's a pain patient, a recovering victim of opiate dependency. All I essentially need is to be able to help him grow, procure some if he needs it, and discard the refuse as necessary for him. He can monitor it on his own, but could not likely deal with the harvesting work. I want to help people and help push the awareness and activism, not make a profit or essentially become a dealer. Growing up with MS and CP in my family has made me a very compassionate person. I'm still helping this guy, illegal as it may be at the moment, but would like to make it as legal as possible as I'm trying to get my "foot in the door" to help others. I think in the long term I'd like to take on patients, help them get set up and rolling, then move on to the next person in need of help once they become independently capable, if possible.

[Disavowed]

Ohh wow, thanks phaquetoo, I was just typing that up then refreshed and saw your post! In the middle of reading and researching and trying to figure everything out. And yes, you could say he's a neighbor. We rent out separate floors in the same house, but I'd have to grow in his place since his mobility is quite limited and stairs are not an option. The landlord has already approved growing if done properly and legally, so everything has been taken care of except the legality of my assistance.

 

I'm also trying to find any recycling information on the remains of the plant. Yes, I'm green that way too! If anyone knows any places that will take the refuse material and put it to good use, that would be appreciated. Since we live rather close to an elementary school and have young kids walking by on their way to school, discarding as regular trash is not something I'm willing to do.

[Retta]

@Broken: This does not say anything about a caregiver in possession of paraphernalia...Just paraphernalia in general.

 

@retta: I'm reading more and am again confused. On the caregiver registration form for assigning a caregiver, it says in section C: "Person allowed to possess patient's marihuana plants: No change in person allowed to possess plants, change to new caregiver, Change from patient to caregiver" If while filling this out, he checks "No change in person allowed to possess plants" and appoints me as his caregiver, will it still list him as the one in possession of the plants and only afford me the opportunity to assist him in growing, to be in possession of 2.5 ounces of usable marijuana for him, and deal with the waste of the remaining plant properly?

 

As I said, he's a pain patient, a recovering victim of opiate dependency. All I essentially need is to be able to help him grow, procure some if he needs it, and discard the refuse as necessary for him. He can monitor it on his own, but could not likely deal with the harvesting work. I want to help people and help push the awareness and activism, not make a profit or essentially become a dealer. Growing up with MS and CP in my family has made me a very compassionate person. I'm still helping this guy, illegal as it may be at the moment, but would like to make it as legal as possible as I'm trying to get my "foot in the door" to help others. I think in the long term I'd like to take on patients, help them get set up and rolling, then move on to the next person in need of help once they become independently capable, if possible.

 

I am a patient growing my own medicine. with all of the controversy about the MM act my feelings are that where the plants are that persons card should state 'allowed to possess plants'. Overages haven't been addressed in the act, I am sharing mine with a friends mother that he is caregiver for and baking a lot of medibles. All of my waste goes to a shop dumpster, in the summer I will start burying it in yard.