Headstashteez Posted October 8, 2012 Report Share Posted October 8, 2012 As a caregiver am I allowed to have one of my patients donate labor hours for meds? Is there any guidelines or rules associated with this? Thanks Quote Link to comment Share on other sites More sharing options...
peanutbutter Posted October 8, 2012 Report Share Posted October 8, 2012 I'd say there is no problem, as long as the patient didn't go into the grow area. You are able to provide to that patient. They are allowed to receive from you. Quote Link to comment Share on other sites More sharing options...
Headstashteez Posted October 8, 2012 Author Report Share Posted October 8, 2012 that is sorta my question. I was wondering if my patient is allowed to tend to the garden if I need to ever be away from the garden for a few days. Quote Link to comment Share on other sites More sharing options...
Kingdiamond Posted October 8, 2012 Report Share Posted October 8, 2012 No only the caregiver is allowed in the locked secure grow area. Quote Link to comment Share on other sites More sharing options...
cristinew Posted October 8, 2012 Report Share Posted October 8, 2012 i thought anyone could go into a grow,,, that just the patient or caregiver could grant and control ; the access ,, (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, (e) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, Quote Link to comment Share on other sites More sharing options...
pic book Posted October 8, 2012 Report Share Posted October 8, 2012 (edited) a Caregiver, who is himself a patient, with 5 patients registered to him, could have up to 72 plants in his locked secure grow...if a patient of that Cg went into the grow, he might be in the presence of 72 plants...see a problem? Edited October 8, 2012 by pic book Quote Link to comment Share on other sites More sharing options...
cristinew Posted October 8, 2012 Report Share Posted October 8, 2012 (edited) e) "Medical use" means the acquisition, possession, cultivation, who knows the courts will have to settle this also,, Edited October 8, 2012 by cristinew Quote Link to comment Share on other sites More sharing options...
mibrains Posted October 8, 2012 Report Share Posted October 8, 2012 also... just wondering but... it says to me... a person is protected.... does not say the caregiver would be... they may charge the caregiver and let the patient walk? who knows in the world of interpretation.... i personally dont let anyone in my secure facility. Quote Link to comment Share on other sites More sharing options...
The Digital Nomad Posted October 8, 2012 Report Share Posted October 8, 2012 you said when you are out of town, thats not the same as the patient (or anyone else) helping you while you are there. " I was wondering if my patient is allowed to tend to the garden if I need to ever be away from the garden for a few days." No. Quote Link to comment Share on other sites More sharing options...
Headstashteez Posted October 9, 2012 Author Report Share Posted October 9, 2012 you said when you are out of town, thats not the same as the patient (or anyone else) helping you while you are there. " I was wondering if my patient is allowed to tend to the garden if I need to ever be away from the garden for a few days." No. your right, I guess I have really two seperate questions. Can I have help with my garden under my guidence for meds in return and also is a patient allowed to tend a garden if I need to leave for an emergency? Quote Link to comment Share on other sites More sharing options...
shishka Posted October 9, 2012 Report Share Posted October 9, 2012 Common sense would say of course, as long as you only have the patients plants and no others. I would also say that I'm not a lawyer and what I would do may not be completely legal. Seriously though, if you have a patient that needs a steady supply and an emergency arises that requires you to be out of town, what would you do? I know I would not let my patients crop die, that would be a pretty irresponsible caregiver. And before anyone says "don't go out of town" if you are a caregiver, things like funerals do come up from time to time unexpectedly. If my patient was able to help, absolutely I would let them. Quote Link to comment Share on other sites More sharing options...
shishka Posted October 9, 2012 Report Share Posted October 9, 2012 Would you tell your patient that they are unprotected in the case of police interaction? Yes, and to be fair I would have to trust this patient 100%. While I do consider myself very cautious, I try not to be paranoid. Quote Link to comment Share on other sites More sharing options...
Dlo Posted October 9, 2012 Report Share Posted October 9, 2012 So, if a caregiver has a emergency and has to leave town, or is in the hospital for a week. What do you recommend for this scenario Zap, Digital Nomad ? Quote Link to comment Share on other sites More sharing options...
Kingdiamond Posted October 9, 2012 Report Share Posted October 9, 2012 So, if a caregiver has a emergency and has to leave town, or is in the hospital for a week. What do you recommend for this scenario Zap, Digital Nomad ? Water your plants right before you leave and hope for the best law enforcement and the courts dont care about your crop if it fails no sweat off their back so i highly doubt any sympathy would come from their side if they caught anyone inside that area whos not registered to possess that specific set of plants Quote Link to comment Share on other sites More sharing options...
The Digital Nomad Posted October 9, 2012 Report Share Posted October 9, 2012 I don't leave town much Well, not true - the reason I went to 10 gallon pots was so I can have more days in between watering, that helped for about 4 - 5 days during veg. Quote Link to comment Share on other sites More sharing options...
peanutbutter Posted October 9, 2012 Report Share Posted October 9, 2012 The question of having a helper in the grow area. Still unanswered in the court systems. "locked enclosed facility" is something that you are supposed to be carded to enter. (patient or caregiver). One interpretation could have it OK for someone to enter the grow area as long as they have their card. THAT would involve section four of the law. The part that is supposed to prevent arrest. It is not a part of section 8. The requirements to have the case dismissed, once an arrest takes place, does not require the "locked enclosed facility." Amounts are not limited, under section eight, to specific numbers. Instead section eight limit is "reasonable." A jury would likely say it is reasonable to be a plant baby sitter while the caregiver is out of town. Some judges would like to pull the fingernails out of a mmj defendant .. just because. THAT judge would find it illegal for a patient to plant set. I think it's reasonable. I think the law has the room in it for such a thing. But I ain't the judge. Quote Link to comment Share on other sites More sharing options...
Restorium2 Posted October 9, 2012 Report Share Posted October 9, 2012 (edited) It's about access to plants. If you are responsible for the plants, on the forms, then you can have access to only those plants you are responsible for. It's really simple. If you have access to even one plant that you are not responsible for, the courts could very well call that access illegal. Your registration, how you filled it out, tells the whole story. The only other thing to hang your hat on is a section 8 defense. But the court might see the rules the same for an unregistered legal patient. They really are serious about access to the plants. Think of a plant as an ICBM(nuke), because they do. Edited October 9, 2012 by Restorium2 Quote Link to comment Share on other sites More sharing options...
Headstashteez Posted October 9, 2012 Author Report Share Posted October 9, 2012 so If I have a reservoir outside of a locked a room that noone else has access too but me, it would seem reasonable that someone else could fill that for me in the event i needed to be away because they never gained access to any plants correct?? I understand the delema with patients having access to plants that are not theirs, but I also have been involved in medical grows where donating time was standard in other states where it went off without a hitch. I definetely hope that the state of michigan makes more specific clear cut rules in the future. Thanks for all the input Quote Link to comment Share on other sites More sharing options...
t-pain Posted October 9, 2012 Report Share Posted October 9, 2012 it hasnt been tried in court. and our attorney general is a penis. nowhere in the law does it state that no one is allowed in your garden. have there been any cases about grows with people 'who shouldnt have been in there'? there have been cases where CPS takes the kids away. btw, you can get a thing that refills up a reservoir if the water level drops. just like your toilet tank does .. Quote Link to comment Share on other sites More sharing options...
t-pain Posted October 9, 2012 Report Share Posted October 9, 2012 (edited) thats like saying anyone in your house now 'posesses' anything in your house. its not how posession works. i think... make sure to label your plants in your posession. this plant is registered to _patientname_ under caregiver _yourname_ in compliance with LARA and the michigan medical marijuana act. draft up an employee contract, make the patients wear aprons and hats, just like real employees. when LEO raids a dispensary they dont charge the budtenders with manf. nor do they charge the security guard with distribution. (at least i hope not, maybe someone with more experience can chime in) you shouldnt have a problem, as long as you have a locked door etc. (do not take this as legal advice.) Edited October 9, 2012 by teethpain Quote Link to comment Share on other sites More sharing options...
peanutbutter Posted October 9, 2012 Report Share Posted October 9, 2012 thats like saying anyone in your house now 'posesses' anything in your house. its not how posession works. i think... make sure to label your plants in your posession. this plant is registered to _patientname_ under caregiver _yourname_ in compliance with LARA and the michigan medical marijuana act. draft up an employee contract, make the patients wear aprons and hats, just like real employees. when LEO raids a dispensary they dont charge the budtenders with manf. nor do they charge the security guard with distribution. (at least i hope not, maybe someone with more experience can chime in) you shouldnt have a problem, as long as you have a locked door etc. (do not take this as legal advice.) It may sound stupid, but there are areas that apply laws that way. Quote Link to comment Share on other sites More sharing options...
CaveatLector Posted October 10, 2012 Report Share Posted October 10, 2012 nowhere in the law does it state that no one is allowed in your garden.. No, but it does state: © "Enclosed, locked facility" means a closet, room, or other enclosed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient. have there been any cases about grows with people 'who shouldnt have been in there'? Not that I'm aware of but that fact doesn't make it legal. Quote Link to comment Share on other sites More sharing options...
CaveatLector Posted October 10, 2012 Report Share Posted October 10, 2012 thats like saying anyone in your house now 'posesses' anything in your house. its not how posession works. i think... make sure to label your plants in your posession. this plant is registered to _patientname_ under caregiver _yourname_ in compliance with LARA and the michigan medical marijuana act. draft up an employee contract, make the patients wear aprons and hats, just like real employees. when LEO raids a dispensary they dont charge the budtenders with manf. nor do they charge the security guard with distribution. (at least i hope not, maybe someone with more experience can chime in) you shouldnt have a problem, as long as you have a locked door etc. (do not take this as legal advice.) Possession, as in who "owns" the plant isn't the issue. Access to the plant is the issue. As for dispensary employees, they aren't in a grow room. They are dealing with dried materials. Quote Link to comment Share on other sites More sharing options...
CaveatLector Posted October 10, 2012 Report Share Posted October 10, 2012 I met a budtender this evening from a local dispensary that is facing charges for conspiracy and manufacturing, also. Just so you know. And they most certainly have charged the doorman at a dispensary raid with the whole conspiracy. Then there you go. I can't see some of these prosecutors passing up tagging any of these employees with conspiracy. Quote Link to comment Share on other sites More sharing options...
tooldini Posted October 12, 2012 Report Share Posted October 12, 2012 I would think you would be fine to let someone else fill a resevoir if it was outside your plant area and they still had no access to the plants. In my opinion you would be just fine. Anyone is allowed in my house just not in my locked room. So if resevoir was outside of locked room then seems fine to me Quote Link to comment Share on other sites More sharing options...
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