First Time Caregiver Questions

[cadzilla]

My wife is looking into getting her certification and i'd like to be her caregiver. Is that possible since we live in the same home? Could we grow all of our plants together without violating any of the laws? We want to be strictly by the book. Any Help would be greatly appreciated. Also i've heard tales of caregivers supplying "dispensaries" Is this legal? One just popped up in my area a few months ago. Thanks again.

[Darkmatter]

Yes, just make sure she is listed at your patient and you are listed as your own caregiver. If she registered as her own caregiver this is the form you need.

http://www.michigan.gov/documents/mdch/Medical_Marihuana_Change_Form_3-27-09_272850_7.pdf

 

Fill it out, and mail it in with a $10 CHECK (not money order). Print out the check from your banks website once LARA has cashed it (make sure you get the back of the check too)and 21 days after that you're good to go.

[Highlander]

You'd benefit from reading Bill Schuette's recent AG opinion, which states that either a CG or a patient can access the grow room - but not both. Probably 0% of the MM community buys into this interpretation, but that is what LEOs will be working with.

[donnachris]

highlander where do i read that ag opinion you were talking about becuz it wwas my understanding that even those my card says that i get to possess my plants, that my caregiver is still allowed to take care of the plants. maybe we need a lawyer to ring in on this.

[donnachris]

highlander where do i read that ag opinion you were talking about becuz it wwas my understanding that even those my card says that i get to possess my plants, that my caregiver is still allowed to take care of the plants. maybe we need a lawyer to ring in on this.

[Highlander]

highlander where do i read that ag opinion you were talking about becuz it wwas my understanding that even those my card says that i get to possess my plants, that my caregiver is still allowed to take care of the plants. maybe we need a lawyer to ring in on this.

 

You can read Bil's BS here:

 

http://www.ag.state.mi.us/opinion/datafiles/2010s/op10338.htm

 

A patient who cultivates marihuana must keep his or her plants in an "[e]nclosed, locked facility," which is defined as "a closet, room, or other enclosed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient." MCL 333.26423©.6 The use of the indefinite article "a" before the noun phrase "registered primary caregiver or registered qualifying patient," indicates that the nouns are singular. See The American Heritage College Dictionary, Third Edition (1997) (Indefinite article "a" is "used before nouns and noun phrases that denote a single but unspecified person or thing.") In other words, access to an enclosed locked facility is limited to a single, or one, registered primary caregiver or registered qualifying patient. Thus, a patient cultivating marihuana plants must keep the plants in a facility that is only accessible to the patient.

 

 

Second, for a patient who designates a registered primary caregiver, the patient acquires his or her marihuana from that primary caregiver. Once a patient designates that single primary caregiver, the Act does not authorize the patient to acquire marihuana from anyone else. MCL 333.26426(d). Further, if the patient specifies that the caregiver shall cultivate the patient's marihuana plants, the patient relinquishes any right to possess and cultivate marihuana plants for medical use. This is evident from the language of MCL 333.26424(a) and (b) that authorizes the primary caregiver to possess his or her patients' marihuana in the statutorily prescribed amount, and provides that patients may not possess marihuana plants if they have designated a primary caregiver.

 

 

A primary caregiver is expressly limited to assisting no more than five patients, MCL 333.26426(d), and the primary caregiver must also keep each patient's plants in an "enclosed, locked facility." MCL 333.26424(b)(2). Further, because the MMMA only authorizes a patient to have 12 marihuana plants at any given time, primary caregivers assisting more than one patient must keep each patient's plants segregated and in a separate enclosed, locked facility. Looking again at the definition of "enclosed, locked facility," given the use of the singular "a" as discussed above, and the disjunctive term "or" between "registered primary caregiver" and "qualifying patient," confirms that only the registered primary caregiver may have access to the facility containing the individual patient's plants. MCL 333.26423©. See Paris Meadows, LLC v City of Kentwood, 287 Mich App 136, 148; 783 NW2d 133 (2010) ("In general, 'or' is a disjunctive term, indicating a choice between two alternatives, i.e., a unit or a portion of the common elements."); Yankee Springs Twp v Fox, 264 Mich App 604, 608; 692 NW2d 728 (2004). Thus, a registered primary caregiver's patients may not have access to their caregiver's enclosed, locked facility.