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Are Caregivers Allowed To Consume?


peanutbutter
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Does it benefit a patient to have a caregiver with experience? Is the first time grower the best for a patients needs?

 

How does a caregiver, that has never consumed, aid the patient in selecting the right strain?

 

Caregivers are protected by the "medical use" list.

 

The same list is repeated in section eight.

 

Here is the list. Which items apply to the caregiver? Which ones don't? And how are some items excluded?

 

I saw the supreme court ask the AG rep "how do you cherry pick the list? What are the legal grounds to exclude some of the items?"

 

(e) "Medical use" means the acquisition, 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 patient's debilitating medical condition or symptoms associated with the debilitating medical condition.
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So what this implies is that caregivers w/o a Dr.'s recommendation have all the protections that a patient has?

 

Well .. which items in the list of "medical use" are they allowed?

 

They can grow, for sure. They can acquire, for sure.

 

If there is an item in the "medical use" description, that doesn't apply to the caregiver, which one(s)? And in the law, why?

Edited by peanutbutter
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(e) "Medical use" means the acquisition, 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 patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

internal possession?

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I have asked this several times, thank you for bringing it up.

imho a cg that does not have a qualifying condition/s

nor a doctors recommendation is not in legal compliance

w/ the MMMAct, if that caregiver is using cannabis.

The idea of the cg/s being better able to help their pt/s

better find a strain that works best for the pt/s by the cg

using it, doesn't set well with me. We all know that

each of us reacts differently to strains etc...

Again, jm02.

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I'm just trying to follow the SC logic.

 

How do you determine, within the law, which parts apply and which don't?

 

I figure there's a good probability the courts would rule the caregiver doesn't have the ability to "test it out" for the patient.

 

But how do they gt there?

Edited by peanutbutter
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I'm just trying to follow the SC logic.

 

How do you determine, within the law, which parts apply and which don't?

 

I figure there's a good probability the courts would rule the caregiver doesn't have the ability to "test it out" for the patient.

 

But how do they gt there?

 

Common sense?

 

My patient has MS. How would my sampling her medicine tell me if it will alliviate her spasms?

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To even suggest a CG could 'sample meds' under some FPL argument on 'medical use' is reckless and irresponsible. My 12 year old could 'assist' me with medication by getting my meds from the kitchen and bringing them to me in the living room, even helping me roll a cig. But to carry this 'medical use' argument to it's logical conclusions>>>>

 

Imagine you are a juror.

 

I tell you I let my 12 year old 'assist' me by smoking my meds to check for harshness.

I tell you I let my 12 year old 'assist' me by going down the street on her bike, and picking up my meds from from my cg.

 

Need I go on?

 

If assisting involves trying or going and getting it off site, I don't think you have a chance in heck of making that fly in court. I think it is foolish to even suggest folks try it or consider it as a viable option. Get a card if you qualify, otherwise grow it and transfer it to your patients. But don't risk your freedom, become a test case with VERY poor standing, or simply take an idiotic position simply to get unwanted attention.

 

Dr. Bob

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Or at very least do not consume in a way that will get you busted. Lets keep it real, shall we? Many CG's are in fact "testing" the meds and I don't think it is a problem personally, but don't be a Du^^bass. Treat it like we always treated it. Be safe, be smart.

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Or at very least do not consume in a way that will get you busted. Lets keep it real, shall we? Many CG's are in fact "testing" the meds and I don't think it is a problem personally, but don't be a Du^^bass. Treat it like we always treated it. Be safe, be smart.

 

good common sense answer. poor question.

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I'm serious ..

 

Is there a distinct list of pre approved questions and is there a special list for me?

 

I really think that you have a legitimate question here PB. Handling marijuana, getting it on your hands, cleaning your trimming gear, and inadvertently ingesting some will cause you to show positive on a drug test. Can a caregiver be held accountable for a positive drug test? It is a silly question I know, but I am sure that there is a prosecutor out there who would try to take it to court.

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How about questions that don't encourage people to become obvious test cases. Responsible questions about, for example, how to meet the requirements of an 'enclosed, secured' with an eye toward what the courts will accept vs what we will argue to try and get them to accept while we sit in jail.

 

In this example, the question is 'is taste testing allowed under assisting with medical use'. What is done is one thing, so long as you are not caught. We don't talk about it. It is clearly not medical use . The proper answer is don't do it, simply get a card if you qualify.

Edited by Dr. Bob
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Section 4, in pertinent part, states:

 

(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 . . .

 

 

 

You are allowed to possess 2.5ozs for each patient. Not for yourself.

Edited by CaveatLector
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What if a caregiver does not have qualifying conditions and does not ever deliberately ingest mmj at all, nor wish to. With significant exposure from gardening, medicine preparation and trimming in particular, 'transdermal' incidence could produce perceptible levels of mmj in the bloodstream. Although rare, this could be the situation for some.

 

Hazmat Suit?

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What if a caregiver does not have qualifying conditions and does not ever deliberately ingest mmj at all, nor wish to. With significant exposure from gardening, medicine preparation and trimming in particular, 'transdermal' incidence could produce perceptible levels of mmj in the bloodstream. Although rare, this could be the situation for some.

 

Hazmat Suit?

 

A Qualified Registered Patient is allowed to do several things, the very least of which are:

 

1. A Qualified Registered Patient can acquire marihuana. (get)

2. A Qualified Registered Patient can possess marihuana. (have)

3. A Qualified Registered Patient can cultivate marihuana. (grow)

4. A Qualified Registered Patient can manufacture Marihuana. (process)

5. A Qualified Registered Patient can use marihuana. (medicate)

6. A Qualified Registered Patient can internally possess marihuana. (ingest)

7. A Qualified Registered Patient can deliver marihuana. (give)

8. A Qualified Registered Patient can transfer marihuana. (partake in the act of (1) getting and/or (7) giving)

9. A Qualified Registered Patient can transport marihuana. (move from one place to another)

 

A Primary Caregiver is allowed to do several things also, the very least of which are:

 

1. A Primary Caregiver can acquire marihuana. (get)

2. A Primary Caregiver can possess marihuana. (have)

3. A Primary Caregiver can cultivate marihuana. (grow)

4. A Primary Caregiver can manufacture Marihuana. (process)

5. A Primary Caregiver can use marihuana. (assist patient with medicating)

6. A Primary Caregiver can internally possess marihuana. (ingest)(protection from prosecution or action due to second hand ingestion ie smoke, absorption from application or creation of oils, lotions, edibles, etc... for non-patient caregivers)

7. A Primary Caregiver can deliver marihuana. (give)

8. A Primary Caregiver can transfer marihuana. (partake in the act of (1) getting and/or (7) giving)

9. A Primary Caregiver can transport marihuana. (move from one place to another)

 

The MMMA lays it out pretty simply

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A Qualified Registered Patient is allowed to do several things, the very least of which are:

 

1. A Qualified Registered Patient can acquire marihuana. (get)

2. A Qualified Registered Patient can possess marihuana. (have)

3. A Qualified Registered Patient can cultivate marihuana. (grow)

4. A Qualified Registered Patient can manufacture Marihuana. (process)

5. A Qualified Registered Patient can use marihuana. (medicate)

6. A Qualified Registered Patient can internally possess marihuana. (ingest)

7. A Qualified Registered Patient can deliver marihuana. (give)

8. A Qualified Registered Patient can transfer marihuana. (partake in the act of (1) getting and/or (7) giving)

9. A Qualified Registered Patient can transport marihuana. (move from one place to another)

 

A Primary Caregiver is allowed to do several things also, the very least of which are:

 

1. A Primary Caregiver can acquire marihuana. (get)

2. A Primary Caregiver can possess marihuana. (have)

3. A Primary Caregiver can cultivate marihuana. (grow)

4. A Primary Caregiver can manufacture Marihuana. (process)

5. A Primary Caregiver can use marihuana. (assist patient with medicating)

6. A Primary Caregiver can internally possess marihuana. (ingest)(protection from prosecution or action due to second hand ingestion ie smoke, absorption from application or creation of oils, lotions, edibles, etc... for non-patient caregivers)

7. A Primary Caregiver can deliver marihuana. (give)

8. A Primary Caregiver can transfer marihuana. (partake in the act of (1) getting and/or (7) giving)

9. A Primary Caregiver can transport marihuana. (move from one place to another)

 

The MMMA lays it out pretty simply

 

also.

 

(i) A person 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, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

Edited by Hempcheff
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