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Caregiver Wants To Sign With Me - Legal?


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So I had a guy (who seams to be a stand up guy at face value) contact me today who is a caregiver that for various reasons is unable to keep up with his patient demands.  He wants to sign with me asap but keep his plant rights for himself.  He agreed to wait on any transfers until hard cards are in hand.  He would need help for at least the next 3-4 months.

 

I don't need his plant #'s to provide for him but I'm curious how that works out in terms of weight?  Am I able to harvest an additional 2.5oz for him monthly (staying under a total of 24 plants) and transfer legally to him assuming he does sign?  Currently I care for one patient and myself and grow perpetually, harvesting once per month.  With that said would I be able to then legally harvest up to 7.5oz per month if he signed?

 

At first I was like "not just no but HELL no!" but after discussing it for awhile with him I agreed (mostly out of pitty) to look into it further for him.  If this is one of those grey area things then I'm not interested at all but if it's legit I'll discuss it further with him.

 

Any and all comments are welcome.

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interesting scenario..

 

a caregiver with patients who wants to sign with you as a patient..

 

i assume they had some type of catastrophic failure and need to supplement their ability to supply their own patients..

 

it is a grey area...

 

because you are willingly supplying his patients... although it is through an arguably legal channel it is still in the end you being a caregiver for his patents instead of himself.. and i am not sure ultimately it would stand the test of absolute scrutiny..

 

it is fair to say it is not fair..

 

legally when you transfer to this person (so long as you are providing meds to them to help alleviate their condition) it would be ok assuming you are not aware of the next down-line transfer.. however when you add the element and specific knowledge of a down line transfer.. you are adding an additional condition to the patient caregiver fiduciary relationship..

 

i don't think it is absolutely dangerous and truthfully it may be arguably a safe way to help ensure those folks have the meds they need in the provisional time while the primary caregiver gets back up and running..

 

however it would be safest to say those people should maybe need to find themselves a new caregiver until such a time as this person is able to sustain those patients medical cannabis needs again..

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It's not a strictly legal arrangement due to nuance in the law (Your transfers must be for the purpose of alleviating HIS medical condition). He could have just not told you what he's doing so he probably does not know that nuance in the law.

 

Is it a crime yes but it'd be difficult to convict anyone of anything in the chain. To pic books point whether you'll actually run into any issues is MUCH more dependent on geography and other factors than actually breaking MMMA law.

 

I am not a lawyer and this is not legal advice.

Edited by Guanotea1
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Geez what do you want...mailing address, gps coordinates? lol    Technically my specific question has nothing to do with location...though I see where you're going with your line of thinking...to me a grey area is a grey area and not worth the paranoia and risk regardless of how tolerable my specific region is. 

 

 

Edit # 1  Ok I figured out where to input my location in my profile.

 

Edit # 2  This was a reply to a poster who has deleted his/her post.

Edited by baseballjunky
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i have been considering this very thing recently..a written contract like this...

 

not sure yet on how i will proceed in the future but as of right now i do not have a written contract with my patients.  it is something i was recently thinking about implementing to ensure my protections in the event one of them decided to try something questionable in the laws eyes...

 

i think it could prove to be beneficial to the caregiver to include a contract.. i would not refer to any particular amounts or any particular schedule of delivery i already decided that information could be used against someone maliciously in a courtroom setting...but to include a "hold harmless" clause that prohibits specifically any down line transfers and that the cannabis is solely for the purpose of alleviating the signers particular ailment (which should be written in and included) i think is probably a pretty good idea...

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Yep, I had an add posted on CL weeks ago looking for a patient to sign, he replied and explained his situation but wasn't looking to sign with me...just wanted the meds...I told him (politely) to pound sand and actually gave up on the cl thing all together and deleted my add because that's all anybody wanted that replied.  Then today out of the blue he replies again through the old cl link (didn't know that was possible but I've read it is...) saying he's changed his mind and would agree to sign. 

 

After reading the posts here and thinking about it further I came to the same conclusion you did.    He also initially made mention of mite problems and later let it be known he was robbed.  I told him thanks but no thanks.

Edited by baseballjunky
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forget all the legalities for a second.

 

do you want someone on craigslist knowing your home addy and that you grow and have mmj on site?

 

thats the kicker. thats why when people ask about being a caregiver, we try to tell them only to be a caregiver to friends and family. you dont need no strangers causin trouble. caregiving isnt about making money, but about taking care of plants for a sick person.

 

to answer your other question, yes, if you sign as a caregiver for a patient, then you are allowed to have 2.5 oz for you , and 2.5 oz for your patient. allowing your total posession to be 5oz (assuming you are a patient). there were ideas to get everyone signed up as caregivers for each other, to have some more buffer room when harvesting. is it a good idea? who knows.

 

i dont think we've had any court cases where a cop signed up thru lara with a caregiver, that sounds like way outside the police boundaries for entrapment. so i'd say he probably isnt a cop. might be a ripper. probably just a cg/pt looking for meds. mites afflict a lot of people. some people dont get rid of mites and just continue on with them. lots of contaminated store-bought dirt full of mites...

Edited by t-pain
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I get your point t-pain but with anonymous email, PO Box's, prepaid phones and a lengthy screening process I felt reasonably sure of my safety and anonymity on C/L.  Not NSA level sure of myself but reasonably sure against rippers.  I try to follow the law to the nth degree so I worry less about leo and more about thieves and rival c/l caregivers with axe's to grind.  I've invested heavily in security for just that reason and I don't mean firearms for clarity's sake.

I was after just ONE good patient and feel like I got one.  I'll let him do the rest of the advertising for me by way of word of mouth.  I'm new to cg'ing but not the garden.  My family/friends know I'm a patient but have no idea I provide for myself or anyone else.  Years of experience with them tells me this is the smart way to go...lol
 

I'm certainly not in this for the $$$ because it seams to me there is very little to be had - if any - with five patients using an ounce or maybe two a month after subtracting for time/materials/risk.  I do it because I love the hobby and the thought of being able to help truly ill people with my hobby makes me feel pretty damned satisfied!   

Edited by baseballjunky
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T-pain just to clarify my situation and question a little... I currently have one patient plus myself so my limits at any given time are 24/5 but if I were to take on another caregiver as a patient and they kept their plant count would my new limits then be 24/7.5 ?  If not what would it be?  At this point I'm really just curious.

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your drivers license will not show your po box, and nobody cares about your cell or email when you're following the law.

as soon as the patient gets a card in the mail with your name on it, even if you listed a po box, a simple google tap will show your

home, and everyone you are associated with. don't be fooled, there is no privacy.

 

I also saw a woman willing to trade services for medical marijuana, if anyone is interested....tehe

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I'm certainly not under the assumption that I'm 100 percent private. No such thing. For what its worth my grow isn't at my Addy on my dl either. Still a concern for my personal safety, so to that end you have a point. That would be why I used the anon tools during the screening process. I choose the patient I did because of his age, career and condition. I also paid a few bucks for a background check. Let's just say he has a vested interest in remaining discrete and securing an uninterrupted supply. He now has all my contact info but he or anyone that may find his card can Google all day long and they won't find my grow Addy.

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So I had a guy (who seams to be a stand up guy at face value) contact me today who is a caregiver that for various reasons is unable to keep up with his patient demands.  He wants to sign with me asap but keep his plant rights for himself.  He agreed to wait on any transfers until hard cards are in hand.  He would need help for at least the next 3-4 months.

 

I don't need his plant #'s to provide for him but I'm curious how that works out in terms of weight?  Am I able to harvest an additional 2.5oz for him monthly (staying under a total of 24 plants) and transfer legally to him assuming he does sign?  Currently I care for one patient and myself and grow perpetually, harvesting once per month.  With that said would I be able to then legally harvest up to 7.5oz per month if he signed?

 

 

 

At first I was like "not just no but HELL no!" but after discussing it for awhile with him I agreed (mostly out of pitty) to look into it further for him.  If this is one of those grey area things then I'm not interested at all but if it's legit I'll discuss it further with him.

 

Any and all comments are welcome.

 

It sounds like he is having his own problems growing and keeping up with his pt's, yes you can be his/her c.g w/o possesing grow rights, you can have 2.5 cured for pt and he can have 2.5 from you, it is totaly legal,

 

dont let this pt ever take more than 2.5 oz's at a time from you, and I wouldnt let pt see where my grow is, only for your own privacy, but to answer your question you can have a pt and not posses their plants but supply them with 2.5 oz's dried and usable!

 

 

Im a pt/cg, I have one pt and I have her grow rights, I have a c.g and he has my grow rights, at times it can be a realy good tool to make sure neither of your pt's run out of meds!

 

I hope that helps!

 

Peace

Edited by phaquetoo
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When I was estimating my garden I was on the fence about taking on a 3rd patient.  I decided to stick with 2 until I got things going better.  I was going to go to the dispensary for my meds while supplying my patients if I was close to low.  I could see signing a caregiver till you get things back under control so you could get good meds for yourself and be able to supply your patients with the limited amount your producing.

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sounds like you got all the angles covered, good job !

 

let us know how it turns out.

I'm certainly not under the assumption that I'm 100 percent private. No such thing. For what its worth my grow isn't at my Addy on my dl either. Still a concern for my personal safety, so to that end you have a point. That would be why I used the anon tools during the screening process. I choose the patient I did because of his age, career and condition. I also paid a few bucks for a background check. Let's just say he has a vested interest in remaining discrete and securing an uninterrupted supply. He now has all my contact info but he or anyone that may find his card can Google all day long and they won't find my grow Addy.

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   but to answer your question you can have a pt and not posses their plants but supply them with 2.5 oz's dried and usable!

 

 

Thanks, that was my original question and reason for making this post.  I'm terrible at conveying my thoughts/questions with clarity at times but it appears you comprehend convolution quite well.  Thanks again!  :D

 

sounds like you got all the angles covered, good job !

 

let us know how it turns out.

 

Thanks grassmatch!  I'd imagine most of my techniques outlined in this thread are familiar to you...lol  Imitation is the sincerest form of flattery right?  ;)

 

RUN LIKE HECK FROM THIS PERSON.

 

Done! 

 

 

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