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Law: Can A Caregiver Receive A Transfer From A Patient?

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the person on the recieving end is protected , as long as he/she uses that marijuana for his treamtent or connected patients treatment.


the person giving/transferring/selling is not protected unless connected with the registry.


further, i think it says right in mcqueen opinion that this means that giving marijuana to your connected cg must be for your medical benefit only.


so no. if a pt gave marijuana to a cg, the patient is not protected by section 4 because that transfer itself would have to benefit the patient's condition somehow.. in my non-legal non-lawyer opinion. call a lawyer if you want to find out more.

Edited by t-pain
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OK well its just a clone from a patient with no caregiver to a caregiver of other patients of a all CBD clone for strictly medical use for the caregiver and his patients. So.... I wouldnt put another patient at risk of charge because I am reviving it for me and my patients qualifying medical conditions only? I'm just not looking to get anyone in trouble.

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The supreme court was pretty clear in the McQueen ruling.  The "giver's" conduct with regard to MJ must be for the purpose of alleviating the giver's medical condition. 


Take what you will from this. 


It might be that the "giver/patient" acquires a clone and gives that clone to his CG for the purpose of growing it to alleviate the patient's condition.  It would seem that this is a protected action.  But if the same patient gave a clone to the CG and and said "Here's a great clone for you to grow for your other patients" then probably the transfer falls outside Section 4 protections because the patient's act of transferring the clone wasn't for the medical use of that specific giver/patient but was intended to benefit others.

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