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Am I A Caregiver?


BlackMesa
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A caregiver supports someone else by definition in the law. A patient can grow their own and not be a caregiver. Because your not giving care to someone.

Unfortunately he doesn't want to take your word for it, he wants to see where its written...oh well his problem I guess...lol

 

 

"(g) "Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs." quoted from definitions in the list

 

http://www.legislature.mi.gov/(S(2zesgh45tz1vml450iskocah))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2008 go to www.michigan.gov/mmp

 

click on the link Michigan Medical Marihuana Program on the right side click on laws and rules then click on

 

http://www.legislature.mi.gov/(S(ammiazfhb35rjr45cztr2t55))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2008

 

then click on Section 333.26423 and scroll down to section (g).

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So basically to become a CG for others you need to fill out a form with them as their CG and then u can have up to 5 plus yourself right? just want to make sure that i fully understand because for the longest i was under the impression as well that when i signed up for my own CG/patient...

 

Now that i know i will be going and getting my CG card...I am roughly a month out from being able to take on any patient..

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if you can't read just look at the color of your card. blue=patient. green=caregiver.

 

 

 

if your a patient and live with another human send in a change of caregiver naming that person caregiver. you can now possess 5oz. in household. better yet, if the human is a patient too you name each other as caregiver, you keep all plant rights. now you each may carry 5oz. and (currently) sell overages

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So basically to become a CG for others you need to fill out a form with them as their CG and then u can have up to 5 plus yourself right? just want to make sure that i fully understand because for the longest i was under the impression as well that when i signed up for my own CG/patient...

 

Now that i know i will be going and getting my CG card...I am roughly a month out from being able to take on any patient..

 

Be sure you are...Its the most responsibility some people have ever taken on in their lives.

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i believe this is where the AC royally screwed their ruling last weekend. and i also believe this is where the SSC (State Supreme Court) will overturn their ruling.

 

Fact is, i am ill. i have severe and cronic pain thru out my body, but mostly in my back and hands. I AM ILL< but I Am NOT an invalid. I can Grow and Tend to my own garden, i work 40 plus hrs a week. I make my own food, clean my own house, and prepare my own meds. I Do NOT Require the use of a Assigned caregiver, as I have the ability to continue to be my OWN Caregiver.

 

If i can do things myself, with out hte physical need for help from someone other than myself, then does that not make me a Self CareGiver? and as a Self Supportive CareGiver, should I NOT be afforded all the same protections under the MMMA 08' as any assigned CareGiver is afforded?

 

 

This is a Bullet Point, or should be, at the supreme court hearings. As a Self Growing Pt, I am my Own CareGiver, and should be afforded all the same protections under the CareGiver Section of the Act.

 

 

 

My next ?, which ive asked in another thread, and will re post here.

 

OK then, if by being a self growing, plant possessing Patient does NOT make me a self caregiver, but a caregiver non the less, then I wonder if i can Name Myself as my own Caregiver via the appropriate forms. I have read thru the law, and read thru the application, and it states NO WHERE, that a CareGiver being named MUST BE A DIFFERENT PERSON.

 

 

 

overall, I see a very simple fix.

 

one small change to the Pt application form will solve this whole CG issue.

 

the location which is checked off for Possession of your plants. (if you name a CG, then this does not pertain to you).

the line should read, I Affirm, I will maintain my Own Care Giver Status, and retain possession of my plants. now you are atesting that you ARE your OWN Care Giver!

 

Nextel, DONE.

Edited by Timmahh
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if u do not assign a caregiver u are your own caregiver and can grow and have and transport 12 plants in a locked container.

You are NOT a caregiver defined by the LAW. You can have, grow and trasnport the plants if you named yourself to possess, but that doesn't make you a caregiver. There is a distinction.

 

i believe this is where the AC royally screwed their ruling last weekend. and i also believe this is where the SSC (State Supreme Court) will overturn their ruling.

 

Fact is, i am ill. i have severe and cronic pain thru out my body, but mostly in my back and hands. I AM ILL< but I Am NOT an invalid. I can Grow and Tend to my own garden, i work 40 plus hrs a week. I make my own food, clean my own house, and prepare my own meds. I Do NOT Require the use of a Assigned caregiver, as I have the ability to continue to be my OWN Caregiver.

 

If i can do things myself, with out hte physical need for help from someone other than myself, then does that not make me a Self CareGiver? and as a Self Supportive CareGiver, should I NOT be afforded all the same protections under the MMMA 08' as any assigned CareGiver is afforded?

 

 

This is a Bullet Point, or should be, at the supreme court hearings. As a Self Growing Pt, I am my Own CareGiver, and should be afforded all the same protections under the CareGiver Section of the Act.

 

 

 

My next ?, which ive asked in another thread, and will re post here.

 

OK then, if by being a self growing, plant possessing Patient does NOT make me a self caregiver, but a caregiver non the less, then I wonder if i can Name Myself as my own Caregiver via the appropriate forms. I have read thru the law, and read thru the application, and it states NO WHERE, that a CareGiver being named MUST BE A DIFFERENT PERSON.

 

 

 

overall, I see a very simple fix.

 

one small change to the Pt application form will solve this whole CG issue.

 

the location which is checked off for Possession of your plants. (if you name a CG, then this does not pertain to you).

the line should read, I Affirm, I will maintain my Own Care Giver Status, and retain possession of my plants. now you are atesting that you ARE your OWN Care Giver!

 

Nextel, DONE.

You can't just change a form and make you a care giver. As shown in the wording of hte law above, a caregiver attends the needs of someone else. Not yourself. You have all of hte protections of a caregiver, barring being able to transfer for compensation. I believe this was intentional, because someone with a drug felony cannot be a caregiver, I.E. cannot grow for someone else and receive compensation. But if as you want it a patient has all of the same protections, then a drug felon could grow for themselves, and receive compensation from any pt, which is what they were trying to avoid.

 

the LAW says a self sustaining patient is not a caregiver. That's like saying my sister who has no ailments at all is her own "non-mmj" caregiver. Because she can do everything herself, but if she couldn't, she would need a caregiver. With or without MMJ involved.

 

Straightforward, someone already posted links to the law and posted wording, the LAW says you are not a caregiver. It would take a supermajority to vote and overturn it.

 

Timmah it doesn't state it has to be someone else, but it DOES state a caregiver gives service to SOMEONE ELSE. If not it would have to say agrees to assist a patient "OR THEMSELVES", which it does not say. Ask a lawyer.

Edited by CedarSpringsCG
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You have all of hte protections of a caregiver, barring being able to transfer for compensation. I believe this was intentional, because someone with a drug felony cannot be a caregiver, I.E. cannot grow for someone else and receive compensation.

 

good point. i acknowledge this and understand it. personally, I think this is actually one of 2 or 3, small sections of the law that needs to be re written. So for me to wrap my head around this part, its ok for a rapist, murderer or ex catholic priest to be a CG for someone in an already vuneralble state, but yet, its not ok for someone that got busted with a 1/2 oz of cannabis 17 yrs ago to be a CG for that ill and highly VUNERABLE individual? ring the dinner bell, soups on.

 

 

this is one of the largest issues i have as the law is currently held. this is a clear open door to predators, seeking easy prey... and this wording of the law serves it up on a silver platter.......

 

 

back to topic...

 

so, as a self sustaining pt, without an assinged pt via the LARA program, i am not reconized as a CG under the Act itself. understood. therefore, I do not qualify for ALL the facultys and protections as a CG. And lets be real here, this is about compensation for transfer of meds and re coupment of moneys spent to grow and ready the medicine, either for myself, or anyone else. yes this is about money. fact is, money makes the world go around. sad but true.

 

lets be a bit more real. this isnt 1860, or 1500, or 1960, when HUMANS were still human, and neighborly. when we the people cared about we the people. its 2011, and WE the poeple have become very much, "ME" the people. Compassion is out the window, and we are in a ME ME ME Society. lets be absolutly clear and frank on the situation, VERY VERY VERY Few humans, especaily here in the good ole USA< give a Ratsass about anyone but themselves. So to think that cannabis as medicine will somehow escape the Capitalistic ME socieity we live it, is more conveluded and delusional that Bill Shiutee is as AG of Mi.

 

money makes the world go around, sad but true and an undeniable fact.

but here is one other fact. Personally, and im SURE i am not the only one here that feels this way. If i were financially secure, I would willingly give all excess away to those less fortunate than myself, with NO cost to them at all. SO their are those of use here in the US that DO have compassion, and Do want to see our neighbor as happy and healty as they can be, but we are the exception now, not the rule.

 

point being, as the intent of the law is written, as i interpret it, everyone is a CG, whether you have an assigned pt or not, you ARE a Care Giver. But as a CG with an assigned Pt, you can not have a Drug related felony and be an ASSIGNED CG to anyone (i wonder if this includes your own minor child? what will happen when a parent that has been convicted of say, possession of marijuana only in the 80s, now has a minor child with hodgekins say, where that parent is the ONLY Parent, IE, the only one that can Be the childs CG, per the acts wording).

 

i still contend, even if we do NOT have a LARA connected pt, we are still Care Givers. As a Caregiver i have the Right to "AQUIRE" medication by "ANY MEANS NECCESSARY", and can be compensated for that act.

 

i contend the appellate courts decision is flawed in part, if not in whole, and thus will be overturned, in part or in full, by the Supreme Court.

 

just because one does not have a Patient connected to them Via the LARA registry, does not then infer everyone else is NOT a caregiver, only not connected via the Lara Program. now as the AC interperets this, only a CG with a Pt connected via the LARA registry can be Compensated. this relies solely on the connection via the LARA registry.

 

now, If im part of the registry, and your not. then you are not CONNECTED to Me via the Registry, thus not allowable for me to accept compensation from you. Not to mention fully illegal. if you are not on the registry at all, then you are not a Participant, thus it would be illegal for me to even give you medicine, let alone accept compensation from you for it.

 

BUT you ARE a participant in the LARA Registry, as Am I. we are Connected Via the registry, simply by being on the registry. This is my contention. thus we are registered participants of the MMMA via the LARA Registry, and we are both, Caregivers and Patients of the program. We just do not have anyone that is ASSIGNED to us as a Pt ONLY! but we are still Care Givers. Now as a PT that is unable to care for thier Medicinal needs, you may need to asign me as your caregiver. this then allows me to take care of your plants, meds, and you, to be sure you are getting the care you can no longer give to yourself, and it allows you to compensate me, via the Asinged connection via the LARA registry for the time and cost associated for careing for your medicinal cannabis needs.

 

so as you can see, i fully believe the Act as written, does infact CONNECT us all via the registry itself, simply by being a part of it. the Act as is, only makes a few concessions where a PT must have an Asinged CG due to their lack of abilty to do it themelves. it simply states, if you can do it yourself, you can asign someone to do it for you, and you can compensate them for their time and efforts, and work to do it for you, and they cant be arrested for helping out. no where do i interperet the law to say, if you are NOT as assinged Pt of a Specific caregiver, that you are NOT a CG, and only a Pt.

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The patient has a contract with the government, while a caregiver has a contract with the patient. If you are not tending to and GIVING care, you are not a caregiver. Under the MMMA, if you have not been named by another, and criminally checked by the state, you are not a caregiver. A caregiver is just an extension of the patient. Being a caregiver does not mean being a grower of plants, but a provider of medication. Gee, you take care of yourself, but you GIVE care to another.

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