Jump to content

Patients Donating Labor For Meds?


Headstashteez
 Share

Recommended Posts

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,

Link to comment
Share on other sites

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 by pic book
Link to comment
Share on other sites

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?

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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 by Restorium2
Link to comment
Share on other sites

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 :blow-a-heart:

Link to comment
Share on other sites

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 ..

Link to comment
Share on other sites

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 by teethpain
Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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 :)

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...