Caregiver information

[unclefester2u]

I am a licensed caregiver here in Colorado and I am looking for someone to help me do this right. Can I legally give medicine to a MMJ cardholder who is not one of my patients? I want to stay totally within the law and the way it is written, things are a little vague. Thanks for the help.

 

[cobcoop]

No.

 

[SELFHEMPLOYED]

This is highly debated, I've seen a definitive yes, and a definitive no on this one

 

[Greenmopho]

I am pretty sure it is not defined under Amendment 20, as to what to do with excess supply. All dispensaries are buying from vendors under this grey area.

 

[Surrender]

It has yet to be litigated. Know your patients.

 

[j-fly]

Anyone with a card can sell or give medicine to anyone with a card. The only thing you cant do is have more than six plants, or two ounces, or sell to someone without a card.

The only people who would say no would be dispensaries who dont want anyone to sell but them.

 

[Greenmopho]

Anyone with a card can sell or give medicine to anyone with a card. The only thing you cant do is have more than six plants, or two ounces, or sell to someone without a card.

The only people who would say no would be dispensaries who dont want anyone to sell but them.

No where in Amendment 20 does it state this. Jeff Gard and other attorneys warn against it. It is a misreading of the law, by Cali people, who are assuming Amendment 20 is exactly the same as Proposition 215. You are wrong.

 

[Ty_Kaycha]

I am a licensed caregiver here in Colorado and I am looking for someone to help me do this right. Can I legally give medicine to a MMJ cardholder who is not one of my patients? I want to stay totally within the law and the way it is written, things are a little vague...

Are you yourself a registered patient, as there really isn't such as thing as a "licensed caregiver"? You might be assigned as a primary caregiver but that isn't a "license" - semantics, yes...but that's why it's dangerous.

Anyway, if you're a patient too - I personally think it would be ok. But like you said the law is vague. Technically a patient can go anywhere to get their meds. There isn't an legal method for them to acquire their meds. It's just the person giving the meds to the patient may be in hot water.

I would accidentally place the meds on the table, while the patient picks it up while your back is turned.... hahaha!

 

[medmaker420]

I think the thing that needs to be looked at is the word "primary". If someone is a primary then there must be or could be "secondary" as well else they would have worded it as "caregiver" alone.

This grey area that people speak of is dependent on many things including if you think about this. For instance we can have other licenses in our grow area to jump our plant count up based on those you are a caregiver for HOWEVER what if those same patients gave their paperwork to OTHER growers and it is on their wall as well?

I think if a cop came and had a reason to investigate and for instance saw 10 caregivers all having the same 1 patient to bump their plant count up who knows how that will play out in court.

too many grey areas and in the end the only time there is worry is if you were doing something OUTSIDE the medical community and they started investigating you.

for instance

I grow for clubs in my area and other areas, now since I am growing for them in theory I could raise my plant count and clone count to fit the needs of the supply BUT in the same breath I would personally be over my plant count AND there are plenty other vendors who are claiming they grow for the same exact clubs and their patients as well. There is that overlap that really isn't clarified.

In the end however, if you are within your plant count OR your patients plant count there should be zero worry.

Now you used the word "give". I don't see anything illegal about that especially since no monetary exchange even started (not that monetary supplimenting your grow costs and time isn't allowed) there can't be any issues because there was zero sale happening. Now if you meant give as in provide for them and they pay for the services and grow costs then SURE you would want to make sure and have all the proper paperwork AND have them verified.

As a caregiver especially if you are forming or running a collective you want to keep records IF that is how your state wants it. California has simple paperwork that isn't too personal and keeps the patients information pretty secure.

Now patient to patient exchange which it sounds more like what you are saying can't really be an issue. That is the point of this great proposition. I would however IF I were running a collective, do everything by the book because verifying a patient and stating you as their caregiver really takes 2 minutes and better to do it by the book then have that book thrown at you later on.

 

[Surrender]

Now you used the word "give". I don't see anything illegal about that especially since no monetary exchange even started (not that monetary supplimenting your grow costs and time isn't allowed) there can't be any issues because there was zero sale happening. Now if you meant give as in provide for them and they pay for the services and grow costs then SURE you would want to make sure and have all the proper paperwork AND have them verified.

Many municipalities in CO have defined giving MMJ away to patients as the action of a charity business and have banned such activity as contrary to land-use rules in residential and other zones.

 

[Ty_Kaycha]

Many municipalities in CO have defined giving MMJ away to patients as the action of a charity business and have banned such activity as contrary to land-use rules in residential and other zones.

And yet it's ok for me to call up Goodwill or ARC and arrange for them to pickup from my house my old furniture donated to their respective charities...
Again the law, rules & regs are so grey. It is frustrating for someone who is really trying to keep this on the up & up as much as possible (at least State-wise)

 

[Duckmang]

From what I understand about Co's laws, giving someone up to or less an an oz is only a 100$ fine. Selling on the other hand......

 

[Citizen80919]

I've had several different lawyers say that selling to those not designated as your patient is illegal since it has not yet been defined through the courts. This includes "vendors" selling their overages to dispensaries.

However, a bazillion people are doing it. Sooner or later one will run through the legal gauntlet to sort it out for everybody else. They are all just hoping it's not them that gets to do that.