Can Patients Still Buy From Anyone Or Only The Caregiver They Are Connected With?

[MI Compassion]

I have heard differing opinions on this... can patients purchase from anyone or only the caregiver they are connected to via the MDCH? Hoping someone can help me set the record straight! 

[mibrains]

hope this helps..

 

from Mcqueen.

 

http://courts.mi.gov/courts/michigansupremecourt/clerks/Recent%20Opinions/12-13-Term-Opinions/143824%20Opinion.pdf

 

Thus, § 4 immunity does not extend to a registered qualifying patient who

transfers marijuana to another registered qualifying patient for the transferee’s use59

because the transferor is not engaging in conduct related to marijuana for the purpose of

relieving the transferor’s own condition or symptoms.60 Similarly, § 4 immunity does

not extend to a registered primary caregiver who transfers marijuana for any purpose

other than to alleviate the condition or symptoms of a specific patient with whom the

caregiver is connected through the MDCH’s registration process.

-------------------------

60 Of course, a registered qualifying patient who acquires marijuana—whether from

another registered qualifying patient or even from someone who is not entitled to possess

marijuana—to alleviate his own condition can still receive immunity from arrest,

prosecution, or penalty because the § 4(d) presumption cannot be rebutted on that basis.

In this sense, § 4 immunity is asymmetric: it allows a registered qualifying patient to

obtain marijuana for his own medical use but does not allow him to transfer marijuana for

another registered qualifying patient’s use.

[MI Compassion]

hope this helps..

 

from Mcqueen.

 

http://courts.mi.gov/courts/michigansupremecourt/clerks/Recent%20Opinions/12-13-Term-Opinions/143824%20Opinion.pdf

 

Thus, § 4 immunity does not extend to a registered qualifying patient who

transfers marijuana to another registered qualifying patient for the transferee’s use59

because the transferor is not engaging in conduct related to marijuana for the purpose of

relieving the transferor’s own condition or symptoms.60 Similarly, § 4 immunity does

not extend to a registered primary caregiver who transfers marijuana for any purpose

other than to alleviate the condition or symptoms of a specific patient with whom the

caregiver is connected through the MDCH’s registration process.

-------------------------

60 Of course, a registered qualifying patient who acquires marijuana—whether from

another registered qualifying patient or even from someone who is not entitled to possess

marijuana—to alleviate his own condition can still receive immunity from arrest,

prosecution, or penalty because the § 4(d) presumption cannot be rebutted on that basis.

In this sense, § 4 immunity is asymmetric: it allows a registered qualifying patient to

obtain marijuana for his own medical use but does not allow him to transfer marijuana for

another registered qualifying patient’s use.

 

Thanks for the reply! I was under this impression as well. I forwarded your response to another caregiver whom I am concerned is putting their legal well being in jeapordy (as well as giving ammunition to those that oppose medical marijuana) by advertising that he is selling meds on craigslist to cardholders whom he is not a caregiver for. His response to me was the following:

 

"Mc Queen decision was 2/2013 and the law has changed since then. Any ways thanks for your input and concern"

 

Can anyone with a strong understanding of the law confirm if he is correct or incorrect?

Edited September 8, 2013 by MI Compassion

[Celliach]

The law has not changed at all.  At present, according to the Michigan Supreme Court it is illegal to transfer medicine to anyone other than the patients registered to you through the state.

[t-pain]

your buddy is only protected by section 8 when doing p2p transfers.

 

and the police sometimes cruise craigslist and do buys.

Edited September 8, 2013 by t-pain

[mibrains]

he MAY be defendable under a section 8 argument... however it has yet to be proven.  this is the Krutch of the issues facing our community right now.  which is to say people trying to assume a section 8 defense will protect them and so they engage in any and all questionable behaviors.

 

tell this person to please STOP being foolish and acting outside the section 4 protections which is what gets people in front of the courts and then allows those courts the opportunity to legislate from the bench.

 

Mcqueen was released 2/13 and more has changed since then however those changes have been through a series of court decisions and it has not gotten any better for patients.  it has gotten more restrictive if anything..not less.

 

the law has changed as well since they implemented the new rules in April.  however none of those changes address p2p

 

state supreme court ruling from McQueen still stands.  the only person to whom you may transfer cannabis to is listed on a state issued card.  any other transfers are not covered under the current interpretation of the Act and have no legal standing to operate.

[GregS]

The elements of a sec. 8 defense can be brought, wherein a patient whose doctor has stated that use can benefit the patient, with or without registration, and agreement between that patient and any person as their caregiver, without being registered. There is a lot to it. Risk is involved that either or both parties are not protected from arrest and due process as they are under the registry and sec. 4, but are subject to arrest and prosecution, until and unless the three prongs of the affirmative defense are brought to bear. It can be a thorny way to go, and can cost lots of time, money, and grief. Nonetheless, the affirmative defense is intended to keep us out of jail. It is a mistake to state that p2p xfers are permitted under sec. 8. Rather, a patient, or for that matter anyone, who has been designated by another patient as among one to any number of caregivers is protected in a subsequent cg2pt xfer, giving both parties protection, albeit more limited than they are under the registry.

 

Please take time to read section 8 of the law.

Edited September 8, 2013 by GregS

[jointedone]

What about a patient that has a NO CAREGIVER status and allowed to have plants?

[Wild Bill]

What about a patient that has a NO CAREGIVER status and allowed to have plants?

 

Just like any other patient.

 

They can obtain it from anywhere but are not allowed to give it to anyone else. (Unless the person they give it to is their registered patient.)

[GregS]

Just like any other patient.

 

They can obtain it from anywhere but are not allowed to give it to anyone else. (Unless the person they give it to is their registered patient.)

...or if that patient has been designated as a caregiver to a patient under either sec. 4 or sec. 8.

[semicaregiver]

Since he seems to agree that the McQueen decision stipulated that what he is doing is not allowed, i.e. "...the law has changed since then.." There is a simple answer, "Show me a copy of the new change".

[jointedone]

 Not a CG,just a patient with a new NO CAREGIVER  card and allowed to possess plants. I cannot physically grow, or even drive now, I have MS and seizures.  Just don't know what to do. Pretty scared to have someone take me to Dequindre after the cops have raided everything.Thank you Wild Bill and Greg for answering my question.

[greenleaf]

 Not a CG,just a patient with a new NO CAREGIVER  card and allowed to possess plants. I cannot physically grow, or even drive now, I have MS and seizures.  Just don't know what to do. Pretty scared to have someone take me to Dequindre after the cops have raided everything.Thank you Wild Bill and Greg for answering my question.

 

You are supposed to be a protected class.  Avoid the medibles, hash, etc. and you are in compliance.