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Can Patient Be Around Their Plants?


johnnydoesit
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(d) "Enclosed, locked facility" means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met:

 

Seems like it's OK, HOWEVER, everyone knows that viewing growing. living, viable marijuana plants can cause anxiety or psychosis/neurosis in some people. This is the point of view of the legislators who craft these regulations. Make sure your patient is mentally prepared and strong enough to view live marijuana plants before you allow them to enter the room!

Edited by Chauncy Gardner
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oops, i thought it was in redden but i dont see it.

 

it says on the card 'authorized to posess plants YES/NO'

so on the cg card it can say yes

and on the patient card it can say no

 

so if a patient who is not authorized to posess plants, is in a room and can touch plants (touching is posessing), that would be against sec4, i think. and said patient would only have sec8 defense.

 

likewise since someone who wasnt authorized to posess plants was in the cg's room, the cg's room is no longer secured and locked, so the cg has to rely on sec8 as well.

 

at least i think thats how the courts have been going on this issue.

 

 

if you just want your patient to be able to water your plants, put the plants in a locked secured dog kennel with fencing on all sides including top. then allow patient to spray them with a hose or setup a watering hose and ask patient to turn the water on...

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oops, i thought it was in redden but i dont see it.

 

it says on the card 'authorized to posess plants YES/NO'

so on the cg card it can say yes

and on the patient card it can say no

 

so if a patient who is not authorized to posess plants, is in a room and can touch plants (touching is posessing), that would be against sec4, i think. and said patient would only have sec8 defense.

 

likewise since someone who wasnt authorized to posess plants was in the cg's room, the cg's room is no longer secured and locked, so the cg has to rely on sec8 as well.

 

at least i think thats how the courts have been going on this issue.

 

 

if you just want your patient to be able to water your plants, put the plants in a locked secured dog kennel with fencing on all sides including top. then allow patient to spray them with a hose or setup a watering hose and ask patient to turn the water on...

 Oh it was in there its funny how words change and opinions get lost good thing i have the hard copy of it

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Nope, you are misusing the word "OR" to mean "exclusive or".

Ok. I can concede this. Looking at the definition of " enclosed, locked, facility" more closely:

 

(d) "Enclosed, locked facility" means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met:

 

 

If we were to conclude that "or" is exclusive, as I postulated, then the rest of the definition would be silly. For example, the grow area can be secured by locks OR other security devices. My previous position on "or" would require us to interpret that if you have locks AND other security devices then you don't meet the definition of "enclosed, locked facility". I like it when we find a way to tell LEOs and the courts that you can't have it both ways. This is a good example. Thanks for the analysis. I'd like to think we can collectively hash out arguments here that might open an attorney's eye to a new approach.

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(d) "Enclosed, locked facility" means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met:

 

Seems like it's OK, HOWEVER, everyone knows that viewing growing. living, viable marijuana plants can cause anxiety or psychosis/neurosis in some people. This is the point of view of the legislators who craft these regulations. Make sure your patient is mentally prepared and strong enough to view live marijuana plants before you allow them to enter the room!

The highlighted text was added to the act in the first round of legislation to change it. But tell me,  does or does not that text conflict with the original text of the act, viz.,

 

4(i) A person 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, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

 

?

Edited by GregS
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are these rules going from grey to dark grey? or dark grey to light grey?

 

I say they are twisting the hell out of the law every where they can, I read that only the person who has the plant posses box checked is allowed in the grow room, it can be either the pt or the c.g!

 

Now what if a pt has a c.g who does not have grow rights? the same applys, It needs to be re worded there are alot of people who would like to get a c.g to help them get their own grow going and in the mean time the c.g can posses meds for the pt with grow rights! the c.g w/o grow rights should be able to be in the grow room with the pt learning to grow!  but that is not in the law, the law says one or the other is allowed in the grow room not both!

 

loose lips sink ships!

 

Peace

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are these rules going from grey to dark grey? or dark grey to light grey?

 

I say they are twisting the hell out of the law every where they can, I read that only the person who has the plant posses box checked is allowed in the grow room, it can be either the pt or the c.g!

 

Now what if a pt has a c.g who does not have grow rights? the same applys, It needs to be re worded there are alot of people who would like to get a c.g to help them get their own grow going and in the mean time the c.g can posses meds for the pt with grow rights! the c.g w/o grow rights should be able to be in the grow room with the pt learning to grow!  but that is not in the law, the law says one or the other is allowed in the grow room not both!

 

loose lips sink ships!

 

Peace

My point is that the law contradicts itself, and the contradiction did not exist until the legislature changed things. The original text is the intent of the voters. The legislature's changes are corrupt.

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My point is that the law contradicts itself, and the contradiction did not exist until the legislature changed things. The original text is the intent of the voters. The legislature's changes are corrupt.

Ok so this week who would we rather have changing our laws?  the legislatures or judges?  I thought the legislatures were voted in by us!  so they work for us,,seems to me they work for their own fat pockets and only theirs and their buddys with $$$$$$,  sure wish I had cash I would like to buy a bunch of  law changes!

 

Peace

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well i say absolutely yes.

 

i would postulate that a patient can and should be involved with the direct process of growing their medication.

 

a patient can come see the caregivers grow.

 

to be in the presence of the grow is not the same as to be in possession of it.

 

example

i take my motor home (i wish i had one) to a shop to have it painted.

it belongs to me but they hold actual possession of it for the duration of our contractual agreement.

that does not mean i can't come and see how the work is progressing...or even help if that shop allows it...

 

it does not mean they own my vehicle...

 

it does mean they have effective control over its dominion...and are responsible for the fiduciary outcome of the work that was agreed upon.

 

as an owner of the camper i would be allowed to come watch, help, visit, oversee, check out or any other way you might try to spell out my participation of the act of working on my motor home so long as i was compliant with the shops internal rules..

 

it is not only ok for a patient to be involved with the act of growing it is advisable. 

 

i want all my patients to learn to grow so they can eventually grow their own and be self sufficient as it applies to their personal medication choices.

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Some good points above, thanks for all the responses.
 

I just want my patient to be able to work on their plants with me and keep things up when I'm not around.  They are not capable of doing everything on their own, so I need to be their caregiver and have access to them as well.

Seems like I will have to hope for a lawyer to chime in... :)

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Some good points above, thanks for all the responses.

 

I just want my patient to be able to work on their plants with me and keep things up when I'm not around.  They are not capable of doing everything on their own, so I need to be their caregiver and have access to them as well.

 

Seems like I will have to hope for a lawyer to chime in... :)

Keep it quiet.

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Now, you know I got the love for ya.....but...

 

the security is just too much for me to stomach. Before I was permitted my wife and I wrote rules of the game for months so that both of our expectations were met. I exceeded them, as I exceeded my grow space, but she still loves me. 

As you know I go to great special lengths when interviewing my patients, to find the exact type of person I wish to be part of my registry. By the time I am done with a couple wordy interview emails I know if I will be able to properly serve a patient or not. Each is very much like our whole group.

 

I can honestly say that each of the patients I've cycled in AND out since employing these strategies has become as close as any good friend of mine that's been around for years. We're so closely matched that an instant rapport is formed and we both always comment on how it feels like we've known each other for years.

Regrettably though, I can never, and will never allow a patient to come to my home or garden. I have however been to most of their homes, recreationally and for service. they all understand completely and incidentally would not have it any other way. I do like the "ideal" of patients helping in the garden for thought.

 

And I mean I regret it. these people are the exact types of friends I would choose ....if friends were chosen, like my patients are.

 

peace

well i say absolutely yes.

 

i would postulate that a patient can and should be involved with the direct process of growing their medication.

 

a patient can come see the caregivers grow.

 

to be in the presence of the grow is not the same as to be in possession of it.

 

example

i take my motor home (i wish i had one) to a shop to have it painted.

it belongs to me but they hold actual possession of it for the duration of our contractual agreement.

that does not mean i can't come and see how the work is progressing...or even help if that shop allows it...

 

it does not mean they own my vehicle...

 

it does mean they have effective control over its dominion...and are responsible for the fiduciary outcome of the work that was agreed upon.

 

as an owner of the camper i would be allowed to come watch, help, visit, oversee, check out or any other way you might try to spell out my participation of the act of working on my motor home so long as i was compliant with the shops internal rules..

 

it is not only ok for a patient to be involved with the act of growing it is advisable. 

 

i want all my patients to learn to grow so they can eventually grow their own and be self sufficient as it applies to their personal medication choices.

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I just follow common sense than, if you all think both pt and c.g can be in the room go for it, I like gm do not allow poeple in my grow, I have a locked and enclosed room and it stays that way even when im in it!

 

I have to say in the county I live in, the less people that know about a grow the better off you are, small town people have big mouths, Ive been around these people and the minute one of them fires up they tell every one who they got it from or who grew it!

 

No thanks!

 

Peace

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phaquing good info there !

aint that weird....when I was a kid the people that used cannabis were quiet, private people and shared their experiences with a tight group of people only. I'm sure their  were big mouths but I just never saw or heard any around then.....but now......wow, guard your info folks. those cards with your name and box # are in your patients wallets. trust them, treat them fair and well.

I just follow common sense than, if you all think both pt and c.g can be in the room go for it, I like gm do not allow poeple in my grow, I have a locked and enclosed room and it stays that way even when im in it!

I have to say in the county I live in, the less people that know about a grow the better off you are, small town people have big mouths, Ive been around these people and the minute one of them fires up they tell every one who they got it from or who grew it!

No thanks!

Peace

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does your info other than your name appear on your patients card?  I don't have a caregiver and none of my caregiver cards has anything but the name of my patient on the back.  I figured patient cards would only have my name and not addy on it.

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first and last name, the address you provided to LARA as your mailing address, city, state, zip code, cg#

does your info other than your name appear on your patients card?  I don't have a caregiver and none of my caregiver cards has anything but the name of my patient on the back.  I figured patient cards would only have my name and not addy on it.

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