If U Change A Caregiver ? Must U Wait For New Card To Obtain Meds?

[JBINDICA]

if  a hard card holder with paperwork wants to change to a new caregiver and  a  change of cargiver form filled out and sent in mail,

does this patient and caregiver have to wait for new card to come in the mail before any transactions occur>?

 

what if this patient has a card obtained via one of these pot shops where the dr shows up once a week to do evals?

[Kingdiamond]

21 business days from the day Lansing receives your change form as for your certification mill recommendation question I don't know what would happen if you ended up in court but id think it will be approved by LARA.

[t-pain]

lara approved your card, means it must be legit... 

[JBINDICA]

I am wondering with police with fake cards and fake paperwork useing the  'change of caregiver form to rope caregivers into giving meds prior to the 21days,

 

and how do we verify these cards? can it be done by calling Registry Program at (517) 373-0395. and giving the number on the card?

[Highlander]

I was told directly by LARA (at the time probably MDCH) staff, that they don't see any relevance to the "21-day rule" as it relates to Change Forms because they don't consider a "Change Form" an "Application."  So does this mean that the relationship is established instantaneously.....?  Or once a card is issued?  We still don't have a definitive answer on this.

 

I have asked the following question several times in the past, and noone has ever answered it.

 

The Act tells us that a "qualifying patient" is a patient who has been diagnosed with a "debilitating condition."  The Act further tells us that a "Registered Qualifying Patient" is a "qualifying patient" with a card, or no card but 21-day-old paperwork if the card hasn't been issued.

 

So why do you think that the Act protects a CG to possess 2.5oz for a "qualifying patient" but only protects 12 plants for a "registered qualifying patient?"

 

The only answer I can come up with is that the Act allows for a new CG to possess for and supply to a new patient right from the start....and then once the patient is "registered," the CG can also possess 12 plants.  Under the most basic rules of statutory interpretation, the use of "registered" in one instance and the omission from another must be construed as significant.  So by the very basic rules of statutory interpretation, there is a distinction between what a CG can do to assist a "qualifying patient" vs what the CG can do to assist a "REGISTERED qualifying patient."  This is not legal advice but is the basis for discussion.

 

(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. The privilege from arrest under this subsection applies only if the primary caregiver presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the primary caregiver. This subsection applies only if the primary caregiver possesses an amount of marihuana that does not exceed:

(1) 2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the department's registration process; and

(2) for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility; and

[trichcycler]

that is the interpretation I received when I paid for some hours of legal advice.

[Norby]

That would mean you can transfer to an applicant or a registered patient doing a change as soon as they receive your paperwork also as they have been diagnosed with a debilitating condition whether or not they have received their card or it's been 20 business days?

 

I don't know.  I don't like that it says that a primary caregiver possess a registry card.  Does that mean you have a patient card or the card your supposed to have to be connected to said patient.  It would fit that you'd be able to have extra getting ready for the cards because how can you plan to have a plant down to transfer when the card comes in if you can't know when they'll come in.

Edited January 21, 2014 by Norby

[Highlander]

That would mean you can transfer to an applicant or a registered patient doing a change as soon as they receive your paperwork also as they have been diagnosed with a debilitating condition whether or not they have received their card or it's been 20 business days?

 

I don't know.  I don't like that it says that a primary caregiver possess a registry card.  Does that mean you have a patient card or the card your supposed to have to be connected to said patient.  It would fit that you'd be able to have extra getting ready for the cards because how can you plan to have a plant down to transfer when the card comes in if you can't know when they'll come in.

 

Again, this for just for discussion, but if a CG has a registry card for some other patient, then he has been vetted by LARA, so he automatically meets the definition of "CG," ......  that is he is over 21, not a felon, and agrees to assist the patient with medical use.   So my earlier theory would apply to a CG who is already registered with 1-4 patients.  If a CG already has 4 cards and meets a patient who has a card, the law seems to me to support immediate transfers between the two if they decided to become connected through the registry. 

[ozzrokk]

LARA says on their site that the 21 day rule does NOT apply to change forms as they have no obligation by the law to get those out in any set amount of time. They say you will be protected when YOU RECEIVE YOUR CARD from that change.

 

You would be operating under a section 8 and not section 4 card protections

 

Edited to add that you should of course be protected but would that be honored in all courts? Highly doubtful.

 

Highlander has it about right as it SHOULD be but we all now how that goes.......

Edited January 21, 2014 by ozzrokk

[trichcycler]

No legal caregivers are ever "roped" into providing meds to anyone they don't want to. A card means nothing to me until the state validates it with the application/change form acceptance. Fake cards should be  moot point, except at the desk of an illegal dispensary.

I am wondering with police with fake cards and fake paperwork useing the  'change of caregiver form to rope caregivers into giving meds prior to the 21days,

 

and how do we verify these cards? can it be done by calling Registry Program at (517) 373-0395. and giving the number on the card?

[Restorium2]

if  a hard card holder with paperwork wants to change to a new caregiver and  a  change of cargiver form filled out and sent in mail,

does this patient and caregiver have to wait for new card to come in the mail before any transactions occur>?

 

what if this patient has a card obtained via one of these pot shops where the dr shows up once a week to do evals?

Dr. Meyer, or Dr. Bob for example, 21 days. Signature mills, wait for the card, and still worry.

[jointedone]

JUST LEGALIZE IT! darn this is getting ridiculous,isn't it?

[Restorium2]

From what we are seeing, legalization gives you and 1/8 for $70 and you have to pay $75,000 to grow. Careful what you wish for. Medical is a lot better for us folks who have medical problems jointedone. What other time were you given a gift because you were struck down with an illness?

[Norby]

If it's done the way Colorado did it.  That's not necessarily the case and cost would actually go down over time.  Get back to me in 8 months with prices in Co, if they are the same, I'll believe you.

 

It should turn out similar to alcohol.  How much could a lush spend on alcohol in a week and how much does the guy who buys cases of piels(no name)?  And how much does the home wine maker spend on their habit?

From what we are seeing, legalization gives you and 1/8 for $70 and you have to pay $75,000 to grow. Careful what you wish for. Medical is a lot better for us folks who have medical problems jointedone. What other time were you given a gift because you were struck down with an illness?

[trichcycler]

Decriminalization is the answer. It should stay in the hands of farmers and end users, as it has been since ancient, until recent. I fear big pharma and Monsanto will wipe out  genetics to solidify patents on their hybrids. Imagine  all of the new "acceptable" insecticides that will be "needed" to commercially grow medical cannabis, like in the caves, when big pharma gets it, often big pharma/monsanto are the makers of the pesticides, for further investment.

[Restorium2]

It is what it is, a craze sweeping the nation, filling the pockets of the architects. We already are so far ahead of that it makes me wonder why anyone is looking back.

[trichcycler]

the farther back we look , the farther forward we can see.

[JBINDICA]

now the court ruled no pt to pt transfers why did they do this>?

if i am a pt with a card cleared to grow my own, why would i not be able to help someone as soon as the doctor signs the paperwork?

and confirmed right at the dr office real paperwork, and real dr?

Edited January 21, 2014 by JBINDICA