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Caregiver To Caregiver..legal/illegal?


semicaregiver
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This AM's posting of Schuette's frontal attack on the law seems to have obscured a secondary front he has opened by declaring all transfers except between a caregiver and their designated caregiver as illegal. Besides Schuette's proposed changes to the act, he put out something they are calling the "Model Nuisance Complaint". It is a fill in the blanks document that local prosecutors can use to close dispensaries and or a farmers market.

 

The complaint contains the following language..

 

13, Furthermore, the MMMA does not authorize transfers or deliveries of

marihuana between qualifying patients; between primary caregivers and

unconnected qualifying patients; or between primary caregivers. Absent an express

authorization, these activities are prohibited by the existing controlled substance

laws.

 

This would seem to be an immediate attack since he can get prosecutors to file these complaints today, whereas his proposed changes to the MMMA are just that, "proposed changes". The proposed changes to the act do not take effect unless he gets a 75% vote in the legislature.

 

 

 

The original pdf of the document is too big for the forum. You can download it from this pg..

 

http://www.capitalcitycaregivers.org/2011/11/18/handouts-from-ag-schuettes-symposiums-please-read/?utm_source=rss&utm_medium=rss&utm_campaign=handouts-from-ag-schuettes-symposiums-please-read

 

it is the link "nuisance template"

Edited by semicaregiver
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This AM's posting of Schuette's frontal attack on the law seems to have obscured a secondary front he has opened by declaring all transfers except between a caregiver and their designated caregiver as illegal. Besides Schuette's proposed changes to the act, he put out something they are calling the "Model Nuisance Complaint". It is a fill in the blanks document that local prosecutors can use to close dispensaries and or a farmers market.

 

The complaint contains the following language..

 

13, Furthermore, the MMMA does not authorize transfers or deliveries of

marihuana between qualifying patients; between primary caregivers and

unconnected qualifying patients; or between primary caregivers. Absent an express

authorization, these activities are prohibited by the existing controlled substance

laws.

 

This would seem to be an immediate attack since he can get prosecutors to file these complaints today, whereas his proposed changes to the MMMA are just that, "proposed changes". The proposed changes to the act do not take effect unless he gets a 75% vote in the legislature.

 

 

 

The original pdf of the document is too big for the forum. You can download it from this pg..

 

http://www.capitalci...ums-please-read

 

it is the link "nuisance template"

 

 

unconnected qualifying patients; this part has not changed at least in oakland county i have been to many court room were i here this from the judge

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I would like to know who has the right to give "expressed autorization" to go out side of these rules. Thankfully I agree with bb the more radical he gets the more people think he has a vendetta and quit listening. I just don't get how he expects to keep his job, did he forget over 60% voted it in as it stands?

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blatant violation of the law... caregivers are authorized to acquire meds for their patients. Legal phrasing allows for transfer between caregivers. If a patient grows their own, aren't they technically their own caregiver? If a patient chooses not to grow, but marks down they are the only one allowed to posses their plants, allows for patient to patient transfer. Has this argument ever been presented? Is there a precedent? Are there holes in my argument?

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None I see, SS. I even created a document which stated the laws sections pertaining to the LEGALITY of P to P transfers. Here it is:

 

I , ,hereby acknowledge conducting a Transfer Service of Medical Marihuana in accordance with the Michigan Medical Marihuana Act and I have agreed to compensate the registered patient named on this contract for the aforementioned Transfer Service. This Transfer Service shall not be construed as nor constitute the sale of a controlled substance as defined by the State of Michigan Medical Marihuana Act Statutes and sections thereof listed below;

 

333.26424 Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the MEDICAL USE of marihuana (sic).

 

Any Transfer Service is in direct accordance with Statute 333.26423 Definitions Section 3(e) of the Michigan Medical Marihuana Act, which directly defines "MEDICAL USE" as the AQUISITION, POSSESSION, cultivation, manufacture, use, internal possession, DELIVERY, TRANSFER, or TRANSPORTATION of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patients debilitating medical condition or symptoms associated with the debilitating medical condition. Capitalization of certain words in the section are done for emphasis and ease of readability purposes only. The Patient conducting the Transfer has an exact copy of the MMMA for reference purposes if needed.

 

 

 

Transfer Service conducted on This Day,

 

 

Patient Name:

 

 

Patient Signature:

 

MDCH MMP Number:

 

 

Patient Name:

 

 

Patient Signature:

 

MDCH MMP Number:

 

 

 

 

How Schuette see's this as a "gray" area is beyond me. This was a rock solid document, and still can carry some weight in the courtroom, but uUntil the SC hears this, there is no safe way to transfer IMO. I always say having a copy of and knowing the Act the best you can is of great benefit to patients and caregivers.

Edited by Scooter
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impo, I concur completely with that understanding Scooter. Its a very black and white document and makes justifiable sense when it is held in its entirety. Each section and sub section being tied to each other, not separate sections of a law, to be held of their own accord...

 

Nicely prepared agreement, and for all intensive purposes should serve justly in a just and un-biased judicial system.

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None I see, SS. I even created a document which stated the laws sections pertaining to the LEGALITY of P to P transfers. Here it is:

 

I , ,hereby acknowledge conducting a Transfer Service of Medical Marihuana in accordance with the Michigan Medical Marihuana Act and I have agreed to compensate the registered patient named on this contract for the aforementioned Transfer Service. This Transfer Service shall not be construed as nor constitute the sale of a controlled substance as defined by the State of Michigan Medical Marihuana Act Statutes and sections thereof listed below;

 

333.26424 Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the MEDICAL USE of marihuana (sic).

 

Any Transfer Service is in direct accordance with Statute 333.26423 Definitions Section 3(e) of the Michigan Medical Marihuana Act, which directly defines "MEDICAL USE" as the AQUISITION, POSSESSION, cultivation, manufacture, use, internal possession, DELIVERY, TRANSFER, or TRANSPORTATION of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patients debilitating medical condition or symptoms associated with the debilitating medical condition. Capitalization of certain words in the section are done for emphasis and ease of readability purposes only. The Patient conducting the Transfer has an exact copy of the MMMA for reference purposes if needed.

 

 

 

Transfer Service conducted on This Day,

 

 

Patient Name:

 

 

Patient Signature:

 

MDCH MMP Number:

 

 

Patient Name:

 

 

Patient Signature:

 

MDCH MMP Number:

 

 

 

 

How Schuette see's this as a "gray" area is beyond me. This was a rock solid document, and still can carry some weight in the courtroom, but uUntil the SC hears this, there is no safe way to transfer IMO. I always say having a copy of and knowing the Act the best you can is of great benefit to patients and caregivers.

 

 

the recent COA ruling said Patients CAN transfer, acquire, or deliver - WITHOUT COMPENSATION. Only the CG is worded in the MMMAct as exempt from "Sales" of a CS.

 

You can give it away or acquire, but don't be caught selling or buying it.

 

DN

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