Can A Cg Grow A Pateints 12 At The Pateints Home?

[BCgrowers]

As said...

 

Can a cg grow a Pateints 12 plant at the pateints home??

[life2short]

your patient would be in possession of the plants and just needs to designate you as his or her caregiver. Then you and your patient would have accesses to the grow room.

 

Because the plants are located under your patients roof, he or she must have possession of plants…that’s not saying you can’t take care of or assist your patient with his or her plants,,, good luck and God bless

[The Digital Nomad]

Actually the CG would be designated as possessing the plants, that is how you will check it on your application. The application ask "CHECK ONE" - it does not say, "Pick both or mix and match!"

The CG does not have to grow at any specified location, including the addresses on the application. So legally, using the patient's property for the grow is fine.

 

In theory the grow room is supposed to be locked and secured by the CG, at the patient's house. The patient should not have access to the room unless the CG is present, but the patient can access the room for emergencies like light issues, checking temp, etc.

 

The reason being - the CG is supposed to control the amount of medicine the patient has access to, the patient is allowed 2.5 ounces in their possession, while the CG can have a total of 2.5 ounces in reserve for that patient. That patient cannot have access to all 5 ounces - so the CG will lock and secure that room.

 

Lastly, you don't have to use the total 12 plant allotment, just grow to provide medicine for that patient.

 

DN

[BCgrowers]

But if hes my Pateint aren't I supposed to be the only one to possess them?

 

And if so, what if I live where I can't grow cuz I have no room, but at his house he does??

 

Need a clarification on this issue.

 

Ty

[The Digital Nomad]

1. MMMAct does not require you specify WHERE the grow is located.

2. Yes, you have to lock and secure the room from the patient, the patient should not access the room unless you are there.

 

DN

[BCgrowers]

Ty guys!!

 

I understand now. I hope Leo does too.

[The Digital Nomad]

Have the proper documentation posted on the door of the grow room -

You and the patient's applications, cashed check copy, and the "Restricted Area" sign.

 

DN

[Mememe]

Is this new or just a typo - a CG can have a total of 5 ounces in reserve for that patient - I thought a CG could only have 2.5 O for the patient.

[The Digital Nomad]

correct, my mistake - I assumed a patient/CG grower.

 

The law states - a CG shall possess only 2.5oz for each patient. Same for the patient amount.

 

DN

[GrassMonkey]

Have the proper documentation posted on the door of the grow room -

You and the patient's applications, cashed check copy, and the "Restricted Area" sign.

 

DN

 

Ok, now I'm confused.

 

1) What is legal paper work? I have application paper work, money order receipt( that i sent it, but no receipt showing it has been cashed), and certified mail receipt.

 

I have verified that the money order has been cashed and no rejection letters for over 6 weeks. I have a number to call for verification of cashed money order.

 

Am I legal, even though i don't have a receipt of cashed money order? Won't the phone number to call be enough for verification?

 

2) And do you have to post something on the outside of your grow room door, some say you do and others say not? Seems this could cause problems if they require that.

[The Digital Nomad]

1. money order is ok, it just takes time to verify - you have to call the MDCH since you do not have a copy of the 'cashed' money order. LEO can count the date from when you submitted the application. Consider if LEO comes to your house and it is a Friday night or Saturday morning - and the MDCH is CLOSED, the more documentation you have, the LEO can make a decision without needing to make that phone call.

 

The application, the 'registered/certified mail', cashed check/money order, your photo IDs are the documentation you should have on the door. The restricted area sign and the documentation is what will slow/stop LEO - as they will see it is a legal grow before they smash the locked door down. You want to show a jury, a judge, LEO that you took every 'reasonable measure' to secure and lock your grow room - so posting a warning sign and providing information for contact is good defense.

 

You are not posting this on the front door of the house, it is inside, just before the grow room.

 

How else did you expect LEO to find out its a medical grow? If no one is there?

 

DN

[kruztydj]

you do not have to post anything on the door nor do you really have to have that reciept of mailing nor check cashed. It's a good idea but no where in the act does it say you need to have them or provide them to LEO. Again maybe a good idea and I keep mine too but not where in the act does it's say you must prove mailing.

The only thing I ever put on my door is the lock..... All paperwork and patients info is always locked up in the safe. If they want to see it then they must make me show it to them with a court order or warrent. Besides that and without that they can,, well,, kiss my :butt2: :butt2:

[Mememe]

http://michiganmedicalmarijuana.org/topic/19363-grow-room-sign/ link to a good sign in post 8.

[life2short]

Sorry didn’t mean to imply that both could have possession of plants. Only one can be in possession of plants. I was trying to say that a patient can be in charge of their own plants and still have a caregiver. The patients cards will say YES for plant possession… the caregiver will say NO for possession

 

Like DN said check one

 

DN in theory couldn’t the paper work be filled out either way?

 

I am a patient and a caregiver for others. My lovely wife is my caregiver. I’m in charge of the plants..thanks and God Bless

[GrassMonkey]

Thanks Everyone! That clears up a lot.

 

The link to the signs is cool too, thanks!

[The Digital Nomad]

Sorry didn’t mean to imply that both could have possession of plants. Only one can be in possession of plants. I was trying to say that a patient can be in charge of their own plants and still have a caregiver. The patients cards will say YES for plant possession… the caregiver will say NO for possession

 

Like DN said check one

 

DN in theory couldn’t the paper work be filled out either way?

 

I am a patient and a caregiver for others. My lovely wife is my caregiver. I’m in charge of the plants..thanks and God Bless

 

 

this is a hard one to answer - on the application you CANNOT chose both who will possess plants. The application simply says "CHECK ONE".

 

In reality, while the CG 'possess' the plants, really both the patient and CG will be tending the plants. In theory, the patient is allowed to access the grow room for safety and security of his home. The plants are technically - NOT usable material - so the CG is not allowing the patient access to more than his/her 2.6 ounces of usable material.

 

So really its schematics - the paperwork only allows ONE person to possess the plants - either the CG or patient. But, the law allows spouse, family, or anyone to be in the vicinity of a medical grow or use. Since a patient is allowed medical use, I cannot see how the patient will be in trouble for letting a CG grow in his home.

 

The LEO is more concerned with a CG growing in BOTH locations - the Cg will actually be over plant count, but be hiding it by using his home and the patient's home to overgrow. This is why the MDCH MMMP wanted ONE person to take responsibility for the plants - if they catch both of you with plants - the one with paperwork will stay out of jail. Make sure you trust your CG.

 

I made my wife a CG so she had extra protection to be home with the plants when I was not. It also helps for weights, she can store meds for me by law.

 

 

DN

[Medcnman]

But if the CG is the one whom "possesses" the plants, and the plants are located in the patients home, then legally, the patient is in possession of the plants. As a patient, you are allowed to have a CG AND be in possession of the plants. It just gives the CG an extra 2.5 for weight. If the plants are going to be at the patients home, then the "person allowed to possess the plants" should be the patient. In this case, the CG is assisting the patient in growing his/her plants in the patients home. Its a whacky rule but just to cover your bumm, if the plants are going to be at the patients home, I would check the box that says "patient allowed to possess plants." and designate a CG to come and "assist" in the cultivation of said plants. Just my interpretation. Thanks! Medcnman.

[The Digital Nomad]

But if the CG is the one whom "possesses" the plants, and the plants are located in the patients home, then legally, the patient is in possession of the plants. As a patient, you are allowed to have a CG AND be in possession of the plants. It just gives the CG an extra 2.5 for weight. If the plants are going to be at the patients home, then the "person allowed to possess the plants" should be the patient. In this case, the CG is assisting the patient in growing his/her plants in the patients home. Its a whacky rule but just to cover your bumm, if the plants are going to be at the patients home, I would check the box that says "patient allowed to possess plants." and designate a CG to come and "assist" in the cultivation of said plants. Just my interpretation. Thanks! Medcnman.

 

 

please explain how you would check the application off then? you going to check "Patient" possess plants and send in the CG form?

 

I just checked the 'new' application from the MDCH website - notice -

 

"Section C: PERSON ALLOWED TO POSSESS PATIENT’S MARIHUANA PLANTS: (REQUIRED)

SELECT ONE:  APPLICANT/PATIENT OR  PRIMARY CAREGIVER (Caregiver Attestation & photo ID Required)

If neither or both boxes are checked above, plant possession will default to the Applicant/Patient.

 

BTW - if the patient will have the plants at his home - why have a CG? That patient really needs a consult to get the grow going - then a spouse or family member can take over.

 

DN

 

DN

[semicaregiver]

There are lots of reasons for a caregiver to grow in a patient's home. For example an invalid patient with a caregiver that can not or does not want to grow at home for the patient, i.e. son or daughter living in a rental property, or just no space or overly nosey neighbors.

[Medcnman]

Well, as I stated, this was my interpretation. If something is in my home, it is in my possession. If something is in your home, it is in your possession. I personally wouldnt want to dance down the thin line that seperates right and wrong in this case. I see it pretty clear. Either one or the other is going to be in possession of the plants. Since there is no box that says "caregiver will possess patients plants in the patients home." Once again, this is merely MY interpretation. If you feel comfortable with doing it that way, thats fine by me. But i also feel, if you are going to be a caregiver, you should have the patients plants in your possession in your grow facility. This way everything can be monitored 100% at any time without any roadblocks. Just my opinion. Thanks, Medcnman.

[life2short]

please explain how you would check the application off then? you going to check "Patient" possess plants and send in the CG form?

 

I just checked the 'new' application from the MDCH website - notice -

 

"Section C: PERSON ALLOWED TO POSSESS PATIENT’S MARIHUANA PLANTS: (REQUIRED)

SELECT ONE:  APPLICANT/PATIENT OR  PRIMARY CAREGIVER (Caregiver Attestation & photo ID Required)

If neither or both boxes are checked above, plant possession will default to the Applicant/Patient.

 

BTW - if the patient will have the plants at his home - why have a CG? That patient really needs a consult to get the grow going - then a spouse or family member can take over.

 

DN

 

DN

 

 

Yes that’s the way I would and have filled out my paper work for almost three years now . No problems yet (unless you want to talk about cards taking four months to print) As I stated, I am a patient in possession of my plants. I have designated my wife as my caregiver but I could name ANYONE 21 years of age without a felony to be my caregiver. Maybe a family member or a close friend. Which allows them to obtain and hold 2.5 oz of usable product for me (not grow plants)

 

The reason my wife is my caregiver is for our families protection. (at least I hope so)

 

If my wife decided she no longer wanted to be my caregiver I would probably make a close friend my caregiver and I would still be in possession of my plants.

 

Personally I think the more people you bring into the program the better…..God bless

[LITLJON]

This is going to be a rant of sorts. I can't believe all this caregiver this caregiver that still! I think that many of you ""caregivers"" have let that word go to your heads! Never mind you wouldn't get it any how.

[LITLJON]

Sorry the last post. I need help for every day activities from people I refer to as aids,assistants, or friends. I have never felt the need for a caregiver. It's so Emma & Julia, you know what I mean?

[Timmahh]

thats great that you are able to make the best for yourself LitlJon. sounds like you have more than the average challege and are fairing well with it.

 

Thing to remember, is many unfortunatly have the dire need for a Caregiver, and for those people, it should be a top priority they work with a CG that is at the minimum honorable, if not caring and goes beyond the need of just supplying meds...

 

imo, setup correctly, with I's dotted and T's crossed, it makes sence for a CG of patients, if he is also a Pt, have a CG to work with, should either one of them have some sort of failure. at the minimum a cg to cg relationship, but to be in full compliance, its a better idea to use a CG and assigned Pt relationship.

 

i wonder where/who our CG to CG test cases are, or will be if they havent been determined yet.

[trix]

- Raises hand

 

Michael K. and I fought this battle in Macomb County last year, Although my case was eventually dismissed, throughout the duration of my court appearances the court said it was NOT legal for my CG to grown in my home.. and that I was in possession of the plants thus I owned the plants, therefore they said that I was committing a felony, possession of a schedule 1 drug / manufacturing a schedule 1 drug.

 

The case was Dismissed by the judge but not after going through court for over a year, and still on the day it was dismissed it was a toss up as to if I was going to trial or not. They said its a 50/50 shot at trial, and my case wasn't the one they wanted to take there... maybe cause I called the police, maybe cause my home was robbed.. there were alot of things that could have went different. I can't find the thread on which I'm speaking about, But yeah I would give Michael Komorn a jingle ask him the legal side of this. cause the courts said NO to us, but in the end was dismissed due to what circumstances though... that was all behind the doors stuff I wasn't there for.

 

Trix