Out Of State Patient

[Ms Chocolate]

I am visiting from out of state and have my state card and id in the state I live (Hawaii). 

 

Michigan law seems to honor out of state id and patients, However it is not safe to fly with the medicine and risk being arrested.

There are only 5-6 states that offer reciprocity, Hawaii is not one of them. 

 

You may have coverage under section 8, but not under section 4.

[Ms Chocolate]

In addition to mmj/medical....didn't Detroit and surrounding counties decrim?

Detroit has both a medical and a decrim law - for use. Purchase is a whole nuther horse

[t-pain]

the change caregiver form only applies to residents of michigan.

the change form says right there "PROOF OF MICHIGAN RESIDENCY IS REQUIRED"

change form, section C7 and 8 both PATIENT AND CAREGIVER must have a 'valid clear copy of michigan drivers license or michigan id'

 

 

(j) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department.

 

since the courts have ruled that "allow a person to assist with a visiting qualifying patient's medical use of marihuana" only means "administration" and not transfers.

 

from the msp builliten:

The Court held the terms “using” and “administering,”
for purposes of MCL 333.26424(i), are limited to
conduct involving the actual ingestion of marihuana.
The Court noted the transfer, delivery, and acquisition
of marihuana are three activities that are part of the
“medical use” definition of marihuana that the drafters

of the MMMA chose not to include as protected
activities within MCL 333.26424(i). Therefore, the
defendants’ assistance to patients in acquiring
marihuana was not protected by this section.

 

and the prosecutors update:

 

State of Michigan v. McQueen, No.
143824 (Mich. Sup. Ct., February 8, 2013)
? “In this context, the terms “using” and
“administering” are limited to conduct involving the
actual ingestion of marihuana. Thus, by its plain
language, § 4(i) permits, for example, the spouse of
a registered qualifying patient to assist the patient in
ingesting marihuana, regardless of the spouse’s
status. However, § 4(i) does not permit defendants’
conduct in this case.
? Defendants transferred and delivered marihuana to
patients by facilitating patient-to-patient sales; in
doing so, they assisted those patients in acquiring
marihuana.”

 

this creates a conundrum where LARA needs to update its change forms or have a new document to allow a 'person' (not even a CG or PATIENT) to transfer marijuana.

 

can someone call LARA and ask how a PERSON is able to be a caregiver to a visiting patient please?

or how a PERSON is supposed to legally help a visiting patient?

Edited July 25, 2013 by t-pain

[t-pain]

@aloha : call LARA's MMMP line 

Telephone Number: 517-373-0395

http://www.michigan.gov/lara/0,4601,7-154-35299_63294_63303_51869_52141---,00.html

 

and ask them how a person in michigan can be your caregiver / transfer marijuana to you while you are in the state.

[t-pain]

also from that prosecutor guy's pdf:

Legal Issue #1
? Is a “visiting qualifying patient” with a
card from another state limited to
possessing the amount listed under the
Act, or can they possess what is
allowed under their own state law?

 

MCL 333.26424(j) of the Act
? It provides that another state’s marihuana
card “shall have the same force and effect as
a registry identification card issued by the
department.”
? It should be noted that Michigan recognizes
CPL permits from other states, however, it
requires out of state CPL permit holders to
comply with the restrictions stated in
Michigan law.

 

since our law says a visiting patients' card is as good as a card here

i would say the limits here in michigan apply.

Edited July 25, 2013 by t-pain

[Ms Chocolate]

since our law says a visiting patients' card is as good as a card here

i would say the limits here in michigan apply.

Be it us I one of the 5-6 states that will have us; or if it's someone from those 5-6 here

 

In Rome, you do as the Roman do, no as you had always done

[greenleaf]

Just laughing at the thought of an undercover cop trying to bait someone on this thread, lol.

 

After 4 pages of arguments, they'd clock out, and give up.

 

Everyone forgot about the OP, lol.

Edited July 26, 2013 by greenleaf

[greenleaf]

My best advice to the OP is, so long as you're covered under law, troll Craigslist, you'll probably have better luck.  Lots of people sell on Craigslist, surprisingly.

[Celliach]

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

 

Unfortunately those forms, if not registered with the state, are inadmissable as evidence in a court of law.

[bobandtorey]

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

Thanks

Have  you been reading what is happening to people in the courts?

[bobandtorey]

Unfortunately those forms, if not registered with the state, are inadmissable as evidence in a court of law.

i agree we had both of our card marked by the Court with Defendant's Exhibit C on them and still couldn't use them in Court

[Ms Chocolate]

As for signing a change form and attestation in order to transfer meds on the spot, be mindful that Sec. 4(b) say that “A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution …”. I may be lack on the law, but where can one get a ID card on the spot?

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

As for signing a change form and attestation in order to transfer meds on the spot, be mindful that Sec. 4(b) say that “A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution …”. I may be lack on the law, but where can one get a ID card on the spot?

[bobandtorey]

Section 8 is very powerful i do agree  and that is why the State is fighting so hard to stop it from going in front  of a Jury 

[Natesilver]

As for signing a change form and attestation in order to transfer meds on the spot, be mindful that Sec. 4(b) say that “A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution …”. I may be lack on the law, but where can one get a ID card on the spot?

  

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

[bobandtorey]

 

This page is for THS[Michigan] members AND non-members to find out about marijuana related court cases around Michigan. Our fellow patients and caregivers need support in the courtroom and we can be there for them! All supporters are welcome to join us in the courtrooms - but there are other ways to help too! THS-MI is dedicated to bringing us together in solidarity! An annual membership of just $10 will get you a green solidarity ribbon - a visual representation of unity in the courtroom - and the proceeds go to funding transportation for supporters, getting stamps & paper for writing to POWs, and so much more! Ask me about how to get a membership!

 

If you have been arrested and are facing charges, let us know! Court support has been shown to make a huge difference in the outcome of a case! Fill out the intake form athttp://ths-mi.org/court-support/request-court-support/

[bobandtorey]

Well if it's working so good (the AD) then why do we see so many in court?