Jump to content

Obtain Meds From Care Giver


Recommended Posts

Where do people get the idea that your caregiver must wait for you to be legal?

 

According to the Act

 

(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.

 

(h) "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.

 

No waiting period there.

 

Then:

 

(b) A primary caregiver 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 assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with this act, provided that the primary caregiver possesses an amount of marihuana that does not exceed:

 

(1) 2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the department's registration process; and

 

(2) for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility

 

Note that a CG can assist a "qualifying patient" connected through the registry, can possess 2.5 oz of meds for a "qualifying patient" connected through the registry and possess plants for a "REGISTERED qualifying patient"

 

Since the law makes a distinction between "qualifying patient to whom he is connected through the department's registration process" and "registered qualifying patient" the only possible definition for "qualifying patient to whom he is connected through the department's registration process" is a new patient who submitted his paperwork and assigned the CG and has no card yet and the 20 days are not yet up. After 20 days the "qualifying patient" becomes a "registered qualifying patient."

 

The possability that a patient could be determined not to be a "qualifying patient" during the registration process isn't relevant here and is a different disucssion. If it turns out the patient is bogus, then he wasn't "qualifying" so didn't meet the definition in the first place and the protections evaporate.

 

The Act protects an existing card-holding CG in possessing meds for and transferring meds to a (bona fide) qualifying patient even before the qualifying patient becomes a "registered qualifying patient." The CG can then possess 12 plants once the "qualifying patient to whom he is connected through the department's registration processs" becomes a "registered qualifying patient."

 

It is black and white and makes good sense. If a CG KNOWS his patient is a "qualifying patient" there should be no need for a waiting period, and the plain language of the Act addresses this through the intentional inclusion of the word "registered" in some locations and intentional exclusion in others.

Link to comment
Share on other sites

the state has 20 days to accept or reject the caregiver/patient relationship. Without waiting the required time period you would not know if you have been rejected. You have to read the rules along with the law, as they go together.

 

This isn't about if the patient isn't really a qualifying patient. If he isn't, then all bets are off, but if he is, he enjoys all protections under the act. If you are concerned that your Dr. isn't a real Dr. then it is possible that your application would get rejected and you aren't really a qualifying patient.

 

 

With regard to the matter at hand, the rules and law read exactly the same.

 

The law says "qualifying patient" not "registered qualifying patient."

 

Why do you suppose the law says a CG can possess 2.5 oz for a "qualifying patient" and but can only grow plants for a "registered qualifying patient?"

Edited by JustanOldALJ
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
 Share



×
×
  • Create New...