Looking into starting Delivery Service...

[dank.frank]

My take on it...

Caregiver to Caregiver transfers - ehhh, NO. WHY? Because the way the law is currently written, it states that the plants and all by products from them belong to the patient. The caregiver has no direct legal say under the law. A patient can up and say, okay, I want to grow on my own now...and take some poor caregiver for all his hard work and genetics. Gotta go to court and sort it out...get your equipment back...but there goes any private genetics you may have been trying to keep. SOOOO....because the plants belong the the patient, the CAREGIVERS have no right to be trading and sharing amongst themselves.

*unless both involved are caregivers and also patients, in which case if you are intelligent you can think up a few interesting ideas

patient to patient...AS LONG THERE IS NO MONEY INVOLVED...should be legal. After all, the law says they have legal claim to it. They MAY have paid their caregiver a compensation fee to cover the costs of production (this does not constitute the sale of cannabis)...caregivers are rendering a service, not a product.

or something like that...


dank.Frank

 

[dank.frank]

You have 3 card statuses in MI for patients:

1. Patient who is their own caregiver and posses plants

2. Patient who has signed a caregiver and posses plants

3. Patient who has signed a caregiver and does not posses plants.

As a caregiver...you have a corresponding card, FOR EACH PATIENT...that has the same status as the patient you are a caregiver for.

1. Caregiver for patient - does not posses plants
2. Caregiver for patient - does posses plants

So a caregiver can have a max of 5 patients, then 60 plants. (as it is 12 per patient, if you are growing your plants for all your patients...) If the caregiver is also a patient, some say this means it is then 72 plants. Yourself and the 5 patients. Others say that is loose/inaccurate interpretation of the law and if you are a patient yourself, then you count yourself as one of the 5 max. I agree with the concept that 60 is max.

Anyway...


dank.Frank

 

[CANNATOPIA]

Wholy crap WTF?why did it post up like that I realy didnt mean to make 10 posts lol. My apoligies everyone! ;(

 

[CANNATOPIA]

Good Points Dank Frank.
Half the problem is politics , politicians & a new Law. Everyone having a different view on how to interpret the Law that is written doesnt help either. There are many ways to interpret the law itself but the actual meanings of many words etc have yet to be set in stone. If It's not 100% certain, I can't justify telling someone its ok. I would hate to hear about another person/patient getting harassed by police because they thought one way & the police think another. This ultimately lands that person in Jail , Fines & Lots of court time & Headache even if that person is right. Best to stay safe & still growing, rather than end up with regrets and shut down for good.. OGTW! 1 seed at a time.

 

[CANNATOPIA]

so, say i'm a caregiver with extra medication, i could sell it to anyone else, as long as they are a mmj patient, not necessarily my patient, but just a licensed medical marijuana user.

No ( as of now) they must be your patient to legally obtain your services. And you must have a card for them, from the state with your name on the front & theirs on the back. Thus making the transaction Legal. From Caregiver to Patient. You have a legal bond to that patient & are growing THEIR 12 plants for THEM. Your way would not be legal as you would have no proof that you can legally sell your services to that patient without a proper card. I promise that if any cop were to see that illegal transaction or if set patient has a big mouth, you will pay for it in court. As a patient & CG myself I am quite familiar with the laws & a lot of opinions from many people in the state. Stay safe friend. & Best of luck to all of us!

 

[vaped]

My take on it...

Caregiver to Caregiver transfers - ehhh, NO. WHY? Because the way the law is currently written, it states that the plants and all by products from them belong to the patient. The caregiver has no direct legal say under the law. A patient can up and say, okay, I want to grow on my own now...and take some poor caregiver for all his hard work and genetics. Gotta go to court and sort it out...get your equipment back...but there goes any private genetics you may have been trying to keep. SOOOO....because the plants belong the the patient, the CAREGIVERS have no right to be trading and sharing amongst themselves.

*unless both involved are caregivers and also patients, in which case if you are intelligent you can think up a few interesting ideas

patient to patient...AS LONG THERE IS NO MONEY INVOLVED...should be legal. After all, the law says they have legal claim to it. They MAY have paid their caregiver a compensation fee to cover the costs of production (this does not constitute the sale of cannabis)...caregivers are rendering a service, not a product.

or something like that...


dank.Frank

The patient doesnt get anything. It is the care giver who is allowed to posses plants. You are allowed to posses untill your patients card expires or the state sends you a notice the patient has chosen another caregiver. The patient has no right to know where his plants are grown It is up to the caregiver to disclose that info at their discretion. If what you are saying is true we would have patients just saying give me my plants I want a new caregiver right before harvest. If I ever had a patient say that Woops I just killed all your plants yesturday sorry man good luck with your new caregiver.

 

[dank.frank]

You are correct....

I suppose, the caregiver is violating the law, if he is the one to posses the plants, a patient could not take or even have access to them, as only the caregiver is supposed to have access/possession. If the caregiver is removed, the patient must wait for a NEW card to arrive, allowing the possession of the plants...but during that limbo period, neither the caregiver, who was removed, nor the patient, has the legal ability to possess plants, and therefore should by all means probably be destroyed...

I forget that little twist....thanks!!!


dank.Frank

 

[greenwithenvy]

Maybe these laws should be a little more clear and not leave us in this situation to decide how we should read them.

 

[jburns]

is anyone a regular at any private club? i had a tight view until i looked around and could see how this law is being defined by patients and caregivers. the law is very clear 12 plants per patient 2.5 anything over is covered by a.d. sadly some police and courts dont agree. those cases go to trial. my patient has been in the courts for over a year now. his trial date is aug 10. he got arrested for growing and got his card after the fact. i will see first hand if you can get popped and then get your card and be free. and most public and private mmj cubs offer delivery.

 

[vaped]

Thats what I say very unclear. I think the bill left patients in the wind. crops fail and suplies run out if you only 6 keep 2.5 per patient. I think this is why prosecuters are not touching any caregiver to patient or patient to patient transfer. The patient has his right to meds and nobody wants to be in the court room challenging that right now. Michigan is for this and the smart public officials know this.

 

[greenwithenvy]

is anyone a regular at any private club? my patient has been in the courts for over a year now. his trial date is aug 10. he got arrested for growing and got his card after the fact. i will see first hand if you can get popped and then get your card and be free. and most public and private mmj cubs offer delivery.

I'm a member of the west michigan compassion club. Keep us informed on your patient. I have a lot of friend who haven't got there cards yet.