Supreme Court Ruling - McQueen - Compassionate Apothacary

[mibrains]

I guess the new angle in distribution arises out of the lack of clarity below:

 

(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,

 

What does it mean? People in the past have argued that everyone in the registry is automatically connected, but that's impossible because then the phase "connected..." would be redundant.

 

So does the connection occur when the forms are filled out? Dropped in the mailbox, arrive at LARA?

 

And does that fact that the law does not say a Change Form is an application relevant? MDCH said to me a while back that a Change Form isn't subject to the 21 day rule because it isn't an application, it is a notice. A registered patient is notifying the department of a change.

 

Assuming for the sake of argument that the Change Form is simply a notice to the department, when do patient and CG become connected? There is nothing at all in the law or rules about 20 days with a change form.

 

When does the connection occur? This is a hugely relevant question after the CA ruling and people probably looking for CGs and meds ASAP.

 

the change form is only activated along with a new application..

the first envelope must contain all of the current application and supporting data... caregiver attestation ect.

 

the change form alone to remove the relationship is executed after the transaction and is hereby notifying LARA of said change. it is notifying them, not them notifying us, so it is binding upon execution..

[mibrains]

the change form is only activated along with a new application..

the first envelope must contain all of the current application and supporting data... caregiver attestation ect.

 

the change form alone to remove the relationship is executed after the transaction and is hereby notifying LARA of said change. it is notifying them, not them notifying us, so it is binding upon execution..

 

mind you this is section 8 all the way...

 

but a arguable position.... none the less..

[mibrains]

I do think that a change form must be immediate, as long as it is not a brand new caregiver. If it is a brand new caregiver, I'd think there would be an argument that you need to wait until the department has had a chance to deny the change form.

 

they can only deny it if you fill it out improperly... that's on the executor.. not LARA they merely check to ensure it is proper and send it back to you for corrections if it is wrong..

[hic]

F-em I have 12 openings in Newaygo. Me, wife, and friend fill em up I can get more.

[bobandtorey]

teach them to grow,,,,,, you can ,,,,,,,, i will help anyone that needs the help

thank you

 

And so will I but its more work then some people might think you must be Available all the time I have done it many times driving to house to house

Talking on the phone just don't get the job done for most

 

I agree growing is not hard to do but if you need great Meds it won't happen

The first time around because even someone that is a great grower still has to learn the grow room first or the room will work you

You have to work it you have to see the plants to be able to read what they may need from time to time 3-4 times a week

 

And it will take at least 4-5 Harvests' because just cutting plants down and hanging them up is not the best way IMHO Drying. And. .curling is a art of it self

[Celliach]

You still have to wait the 21 days.

[Restorium2]

Better have your timeline down cold with those change forms. Celeste is right on it;

 

http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20130205_C309351_68_309351.OPN.PDF

[mibrains]

You still have to wait the 21 days.

 

to be protected under section 4 and avoid arrest.. yes.

 

not to be protected under section 8.

 

once you have doctors rec.. you are able to acquire cannabis.

[Celliach]

to be protected under section 4 and avoid arrest.. yes.

 

not to be protected under section 8.

 

once you have doctors rec.. you are able to acquire cannabis.

 

As a CG, I wouldn't rely on Section 8.

[Restorium2]

to be protected under section 4 and avoid arrest.. yes.

 

not to be protected under section 8.

 

once you have doctors rec.. you are able to acquire cannabis.

Only if your duckies are squarely in a row. To say that all you need is a doctors rec is doing every patient that reads it a dis service. There's a lot more to a section 8 then just having some doctor sign a form.

[mibrains]

Better have your timeline down cold with those change forms. Celeste is right on it;

 

http://publicdocs.co..._309351.OPN.PDF

 

they lied in court about having proper paperwork.. they changed it and didn't report it then tried to have it dismissed on that...

 

that case is not about having proper paperwork at the time of a transaction.. it is about the opposite.. not having proper paperwork at the time of the transaction.

[Dr. Bob]

I must confess, this ruling helps the caregivers of Michigan a lot.

 

At the expense of everyone else, including patients.

 

And that expense includes putting patients in jail. Find a caregiver or risk jail time.

 

Why should patients be marched at gunpoint to a caregiver?

 

They aren't. They can grow themselves and they have the option to have someONE do it for them. Remember what I said about reading rather than writing? Now would be a REALLY good time to take that advice. You are not reflecting well on yourself or the community.

[mibrains]

As a CG, I wouldn't rely on Section 8.

 

why not?

8. Affirmative Defense and Dismissal for Medical Marihuana.

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

[Restorium2]

they lied in court about having proper paperwork.. they changed it and didn't report it then tried to have it dismissed on that...

 

that case is not about having proper paperwork at the time of a transaction.. it is about the opposite.. not having proper paperwork at the time of the transaction.

For my purposes with that post, it shows the diligence of LARA to make sure the time line is perfect.

[Restorium2]

why not?

8. Affirmative Defense and Dismissal for Medical Marihuana.

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

Ask and attorney about what it takes to make a section 8 case and you will understand better.

[mibrains]

Only if your duckies are squarely in a row. To say that all you need is a doctors rec is doing every patient that reads it a dis service. There's a lot more to a section 8 then just having some doctor sign a form.

 

having a proper doctor patient relationship and getting a proper certification is an entirely different issue...

 

but still applicable and noteworthy.. thank you rest

[Celliach]

why not?

8. Affirmative Defense and Dismissal for Medical Marihuana.

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

Because too many people have already been convicted while relying on Section 8. I prefer to operate as if Section 8 was not there for my own safety.

[mibrains]

Ask and attorney about what it takes to make a section 8 case and you will understand better.

 

i understand..

 

really i do..

 

we are exploring ideas are we not?

 

your answer to my question to Celliach is to ask someone else?

[bobandtorey]

 

 

I also wonder what those patients in the Kalamazoo area are going to do.

 

Kevin has been giving away more than a hundred little bottles per week. People would keep coming back.

 

Off and on, I've been trying to find other dispensaries to do the same. To give it away for the sake of the good will it generates.

 

Festivas are dead. They stopped making the 12 inch tire a long time ago.

 

The idiot at the car lot let me drive away with a brand new car with just a signature. Costs me about $250 per month. The Spark gets about the same mileage as the Festiva and isn't about to break down.

 

Great for you a brand new car you Deserve it with all the driving you do around the State

[mibrains]

Because too many people have already been convicted while relying on Section 8. I prefer to operate as if Section 8 was not there for my own safety.

 

we are not talking about relying on section 8 in some random generality.

 

we are talking about a specific circumstance..

 

i am discussion a particular set of conditions.. not a random situation..

[Northern Lab]

Due to a bumper crop, I have a large amount of decarbed extract.

 

I also have 5 patients, and none of them want extract.

 

How can I legally get this extract to a patient in need?

[mibrains]

Due to a bumper crop, I have a large amount of decarbed extract.

 

I also have 5 patients, and none of them want extract.

 

How can I legally get this extract to a patient in need?

 

you can't

Dan..

like or not..

the SC just said. you cannot transfer to anyone but your own patient. if your own patient does not want it.. then you should not make it..

[bobandtorey]

 

 

In that case a call to their local extract specialist would be more appropriate for reducing on hand weight.

 

Great is their a fee for doing that?

[t-pain]

have one of your patients sign up as a CG to another patient.

then transfer it to your patient.

[Celliach]

i understand..

 

really i do..

 

we are exploring ideas are we not?

 

your answer to my question to Celliach is to ask someone else?

 

I don't understand??????