Can Your Garegiver Smoke With You?

[donnachris]

8. Affirmative Defense and Dismissal for Medical Marihuana.

 

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

 

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

 

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

 

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

 

 

 

 

reading this, it tells me that as long as my physician has state that mmj will help me, my caregiver is allowed to use marijuana. am i correct??

[Guest thequietone]

No your caregiver is not allowed to smoke with you unless they are also a patient.

[CedarSpringsCG]

Sure the CG can smoke with you. If he isn't a patient he might be arrested for it, and it isn't legal, nor protected, but other than that he can.

 

(Sorry, sarcastic answer)

 

No, in this case "use" is assisting a patient with ingesting. Your CG can "use" MMJ to create medibles for pt's, oils, etc, but not purposeful ingestion. unless as above, the CG is a PT as well.

 

Cedar

[tooldini]

I would bet most caregivers are using just like a patient

[LongHairBri]

I know SEVERAL caregivers who don't use in any way. for that matter, I know a few patients who don't either

[tooldini]

Really I just figured most would be users anyway its not like the government drugs tests you. Thats cool but then you figure they are just doing it for money I hope they are still able to let it go at a reasonable donation

[CedarSpringsCG]

I was a CG for 2 years before I became a PT. I didn't use at all during those years. I think my donation prices are right in line with everyone elses, and really for those 2 years all of it went free to family member PT's, now my situation is different, but I think I am reasonable.

 

Bri, a patient that doesn't use is just someone who has a condition that is helping a CG with plant count for illegal/semi legal sales. That flies in the face of the law, and as much as I wish I had patients like that, I wouldn't actually sign one because it makes our law look illegitimate.

 

Cedar

[LongHairBri]

not MY patients!! lol. Their a bunch of chronics!!! Two patients I know are on probation and afraid to make waves. one is trying to get his license back. another says they are "taking a break".

 

I've had non smoking but worthy patients want to get a card and expect a cash payment every month. sure that could work but who needs that kind of headache? not to mention the legalitys. to them I suggest they pay for a grow equiptment in their house, I'll set it up and run it, they go out and find P2P to handle overages (all), pay DTE (4 months before harvest), pay the growshop, worry about being raided, ripped, neighbors, family etc.... oh, and you owe me half! no takers yet!

[CedarSpringsCG]

Exactly how I would handle it...