Caregiver Question

[xDR_GREENTHUMBx]

Can someone explain to me when is it legal to supply a newly acquired patient? Can the patient get their meds when they sign the caregiver change form? Or must they wait for the state to receive it? Any help would be greatly appreciated. Thank you.

 

 

 

 

SUPPLY THE DEMAND!

[CleanD]

I don't know this for a fact, but just sent in some patient forms a bit ago... and my best guess for a 'safe' answer is 21 days after they process the $10 money orders for the change... i kept the mail receipt as well, but don't really know if that stamp counts. Good question!

[edawg]

Technically you aren't supposed to supply them or grow their plants until the 21 days is up, I doubt few follow the rules.

[David1946]

Technically you aren't supposed to supply them or grow their plants until the 21 days is up, I doubt few follow the rules.

 

You'd be wrong with that assumption unless you're speaking about Lansing...Every single QP and CG I've met and know follows the MMMA to the letter of the law.

[Timmahh]

assuming the Pt is already qualified, and all that is happening is they are signing you on as a cg and custodial plant holder, then i doubt their would be much issue supplying said pt. but i would not start to grow their plants until the check was cashed and you have copied proof of it.

 

this is my personal ideal, and not that of the 3MA.

[mibrains]

well..

 

technically they are hiring your to help them manage their needs as far as cannabis is concerned. 24/7/365

 

once you sign the caregiver attestation your fiduciary responsibility begins. from my humble perspective.. you can grow their plants for them or help them manage their plants they are growing.

 

your are then tasked as a professional to supply the agreed upon needs of the patient.

 

the MMMA act initiated in 2008 offers a multitude of protections that will help insure you and your patient are fully protected.

 

those protections started from the minute the process was initiated but get stronger and more applicable as time passes and each phase of the process is completed.

 

once you sign the form the process stars. then you wait 20 days it gets stronger. then you wait 6-8 months and get plastic it becomes more secure..ect..ect..

 

the thing is... the question you ask is not so simple to answer...

 

each case is different.

 

each relationship is bound by its terms. however the act only offers a defense to any prosecution... each step of the defense becomes more secure, and more complex.

 

i consider myself bound to a patient and responsible to preform the actions to cover their needs once we execute a private agreement and sign the attestation. it is then that i feel my fiduciary responsibility begins. the levels of protection from prosecution grow as time passes...

 

hope this helps and does not cause any confusion.

 

i am not a lawyer and do not offer this as advice on how you should do anything. this is only my way of thinking and it has worked for me so far. so please proceed with the utmost caution and always think through every action so you have made sure you are properly prepared if asked...

 

 

[DR. GT]

Wait 21 day s after $10 check is cashed ... safest was to roll...

[I wood]

I personally follow the law.

Up until recent court rulings on p to p transfers I would show up to a prospective patients meeting with samples of all products( buds, simpson oil and edibles, always free). My thinking was that if we were both carded no laws were being broken.

Now I only show samples to show quality, but wait 21 days to deliver anything.

The way the law reads to me, 21 days after certified mailing the patient and I are good to proceed legally. The paperwork could be rejected later, nullifying it, but until word from the state I assume everything is ok. The cashed check or money order are only extra documentation that we are legal.

To date I have had zero rejections from the state.

I have been pretty lucky.