Out Of State Patient

[aloha]

Hawaii is strict on giving cards, you must have a serious condition and medical history to back it up....

 

Michigan law says it reciprocates, meaning a patient with an out of state card should have NO concerns while in Michigan.

 

The best way is to bring your medicine with you... If I didn't landing in a non MMJ state on the way I would .... I have had no issues coming or going between Hawaii and California or Nevada at airports with my State card.....

[Natesilver]

your absolutely misunderstanding me nate

 

I am not here to argue with you about it.

 

I apologize if you don't understand where I am coming from and how the change form is executed in MI vs the application approval process.. you must know what your signing before you sign it in Michigan law. be sure to understand the implications of a written contract before you enter into one.

 

I am not suggesting by any means anyone try this..

 

I am only saying what other way is there?

Show me where it says michigan residents can be caregivers for residents of other states. I will concede the point if you can provide this information

[Natesilver]

 

Michigan law says it reciprocates, meaning a patient with an out of state card should have NO concerns while in Michigan.

 

You don't have any concerns. The person illegally selling you marijuana might though.

[mibrains]

it is legally binding to both parties in Michigan the moment its executed... not when its been accepted by the state.

 

But I am thrilled that you understand unregistered cg to patient transactions are legal. (Amongst michigan residents). Welcome to the team!

they aren't

 

I am not.  you are registered the moment you execute the change form.  it is not material when the state updates their records... in Michigan.. statute law says... the contract is binding upon execution not necessarily acceptance.

 

some things need acceptance.  in other words.. both parties have to "agree" to the terms.

 

in the change form.. if you fill it out correctly, and all parties are eligible.. it cannot be rejected.

 

hence my position on this subject.

 

not tried.

 

but I would be willing to sign an out of state pt to try it... not necessarily to transfer but to see what they say?? ?? ? ?

[mibrains]

Show me where it says michigan residents can be caregivers for residents of other states. I will concede the point if you can provide this information

 

cant..

never said I could..

I might be willing to try under specific circumstances but your suggesting they transport it over state lines... a HUGE no no no no no in current law.... most especially since Hawaii is an island and they have to fly...

[Natesilver]

I am not. you are registered the moment you execute the change form. it is not material when the state updates their records... in Michigan.. statute law says... the contract is binding upon execution not necessarily acceptance.

 

So once the change form is filled out you have section 4 immunity?

Edited July 15, 2013 by Natesilver

[mibrains]

no

 

wouldn't that be nice tho?

[Natesilver]

cant..

never said I could..

I might be willing to try under specific circumstances but your suggesting they transport it over state lines... a HUGE no no no no no in current law.... most especially since Hawaii is an island and they have to fly...

I never suggested that

[Natesilver]

no

 

wouldn't that be nice tho?

So how do you posit they are registered once the change form is executed? Edited July 15, 2013 by Natesilver

[mibrains]

in order for it to be section 4... you have to meet all the guidelines..

 

so..

 

since LARA blatantly stated they don't have any time frames on change forms...

 

you are at the mercy of section 8 until they get their heads screwed on straight and get the forms processed in a timely manner.

[mibrains]

Hawaii is strict on giving cards, you must have a serious condition and medical history to back it up....

 

Michigan law says it reciprocates, meaning a patient with an out of state card should have NO concerns while in Michigan.

 

The best way is to bring your medicine with you... If I didn't landing in a non MMJ state on the way I would .... I have had no issues coming or going between Hawaii and California or Nevada at airports with my State card.....

 

 

I never suggested that          

[mibrains]

So how do you posit they are registered once the change form is executed?

applying for registration and being protected is not the same as being protected under section 4... it does present your medical use.. and it might satisfy section 8 requirements.  and it seems like it is all we have for the short term.

[Natesilver]

 

I am not. you are registered the moment you execute the change form. it is not material when the state updates their records... in Michigan.. statute law says... the contract is binding upon execution not necessarily acceptance.

 

What does this mean? That you could fill out a change form and once they are signed you can legally supply the patient with medication? You're darn right you can of its a michigan patient. To suggest it so matter of factly for a patient who is not a registered patient in michigan and is a resident of another state with a different law is dangerous

[mibrains]

I never suggested that          

there is no way to enter the continental US from Hawaii without crossing state lines.

there is no way to cross state lines with cannabis.

 

I am sorry I misunderstood you.

 

my sincere apologies...

[Natesilver]

Because if the state doesn't approve THERE IS NO SECTION 8

[Natesilver]

there is no way to enter the continental US from Hawaii without crossing state lines.

there is no way to cross state lines with cannabis.

 

I am sorry I misunderstood you.

 

my sincere apologies...

The only advice I gave was find someone willing to break the law and sell you meds or don't come to michigan. But thanks for the geography lesson

[mibrains]

I am not. you are registered the moment you execute the change form. it is not material when the state updates their records... in Michigan.. statute law says... the contract is binding upon execution not necessarily acceptance.

 

What does this mean? That you could fill out a change form and once they are signed you can legally supply the patient with medication? You're darn right you can of its a michigan patient. To suggest it so matter of factly for a patient who is not a registered patient in michigan and is a resident of another state with a different law is dangerous

no kidding its dangerous...

 

so what?

 

every action we take to use cannabis as medicine is dangerous.

 

we can't talk about the way it might have to be?

 

why are u crusading on this topic anyways?

 

the OP asked...

 

nobody answered other than to suggest an illegal action and hope you don't get caught..

 

well that's NOT GOOD ENOUGH.

 

the law says our state has reciprocity.

 

so...

 

how does it work?

 

people have for certain been asking..

 

this has been a productive discussion...

Edited July 15, 2013 by mibrains

[mibrains]

The only advice I gave was find someone willing to break the law and sell you meds or don't come to michigan. But thanks for the geography lesson

your welcome...

 

and I apologize I misquoted.

 

my bad.

 

it is past my bedtime...

[Natesilver]

Find out if the state approves of a michigan resident being a caregiver for a resident of another state with a different law whose medical condition may not be covered in michigan. In the absence of that information you're guessing and risking your freedom if you engage in such risky behavior

[Natesilver]

I'm glad that you understand it is legal for a caregiver and patient (michigan residents) to sign a change form and attestation and transfer meds on the spot. This is the strength of our law. Section 8 is very powerful. Good conversation mibrains

[mibrains]

thanks nate... u too..

 

not sure on the out of state patient...

 

would have to guess it has to be allowed somehow....

 

I have only speculated and wondered.

 

and yes... I agree with the statement that a change form is binding on the spot.

 

so long as both parties are knowingly eligible.

 

good night..

[ozzrokk]

it is legally binding to both parties in Michigan the moment its executed... not when its been accepted by the state.

 

 

This part is incorrect as far as having section 4 card protection. According to the state you have that protection ONLY ONCE YOU HAVE RECEIVED YOUR HARD CARD as far as a change form goes........ The reality is that it is worded as a change form is only a notification to the state which should make it binding and legal once signed by patient and caregiver. But as always they don't see it right.

 

 

The fact is they do not care if an out of state patient can get meds in fact they are counting on them not being able to or someone breaking the law for them to get it and then of course they can drag more through the meat grinder......

 

Edited to add..... Sorry Mibrains I also misinterpreted your post on the sec. 4 protection and the change form. My bad bro....... I too believe these things would be covered for a section 8 but I do not do them and have had to turn many patients down or make them wait the waiting period as I could not even begin to foot the bill for a section 8 court defense.

Edited July 15, 2013 by ozzrokk

[ozzrokk]

Hawaii is strict on giving cards, you must have a serious condition and medical history to back it up....

 

Michigan law says it reciprocates, meaning a patient with an out of state card should have NO concerns while in Michigan.

 

The best way is to bring your medicine with you... If I didn't landing in a non MMJ state on the way I would .... I have had no issues coming or going between Hawaii and California or Nevada at airports with my State card.....

 

 

Yea but I think you dont understand that unfortunately a Mi card holder still has to have many concerns because our own state wont even honor our cards. And your card would carry the same weight as our cards do. Unfortunately our cards do not carry much weight...... Sad to say.

[Celliach]

It is LEGAL for an out of state PT to obtain meds form anywhere as long as they have a medical card from their home state.  There are many dispensaries that would probably service this person.  They are already operating illegally according to the state, so why would this transaction faze them?

 

What part of the state are you visiting?

[Natesilver]

Aloha, maybe you are confused about the law in your state. Because THERE IS NO RECIPROCITY IN HAWAII. This is an info page from norml

 

Hawaii Medical Marijuana

SUMMARY: Governor Ben Cayetano signed Senate Bill 862 into law on June 14, 2000. The law took effect on December 28, 2000. The law removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed statement from their physician affirming that he or she suffers from a debilitating condition and that the "potential benefits of medical use of marijuana would likely outweigh the health risks." Patients diagnosed with the following illnesses are afforded legal protection under this act: cachexia; cancer; chronic pain; Crohn’s disease; epilepsy and other disorders characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea. Other conditions are subject to approval by the Hawaii Department of Health. Patients (or their primary caregivers) may legally possess up to 3 ounces of usable marijuana, and may cultivate no more than seven marijuana plants, of which no more than three may be mature. The law establishes a mandatory, confidential state-run patient registry that issues identification cards to qualifying patients.

The medical use provisions in Hawaii do not include reciprocity provisions protecting visitors from other medical use states.

AMENDMENTS: No, although Hawaii has a separate statute allowing patients arrested on marijuana charges to present a "choice of evils" defense arguing that their use of marijuana is medically necessary.

MEDICAL MARIJUANA STATUTES: Haw. Rev. Stat. §§ 329-121 to 329-128 (2008).

CAREGIVERS: Yes. Primary caregiver is a person who has the responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana. Primary caregiver is a person other than the qualifying patient, or the patient’s physician. The caregiver must be 18 years of age or older. Qualifying patients shall have only one primary caregiver an any given time. Primary caregiver shall be responsible for the care of only one qualifying patient at any given time. Haw. Rev. Stat. §§329-121; 329-123 (b),© (2008).

CONTACT INFORMATION: Administrative rules for Hawaii’s medical marijuana program are available online from the Drug Policy Forum of Hawaii website at: http://www.dpfhi.org/

Application information for the Hawaii medical marijuana registry is available by writing or calling:

Hawaii Department of Public Safety
919 Ala Moana Boulevard
Honolulu, HI 96814
(808) 594-0150

 

 

Michigan only has reciprocity with states that have reciprocity with Michigan. I hope no naive caregivers have gambled their freedom by breaking the law and selling you marijuana, BECAUSE THEY WILL HAVE NO SECTION 8 DEFENSE

Edited July 15, 2013 by Natesilver