ask your lawyer
Title says it all...
My understanding of the law tells me that each can possess 2.5 ounces separately. What do y'all think?
The law is pretty clear. A patient can carry 2.5 ounces. A caregiver can carry 2.5 ounces per patient you can hold 2.5 for 5 patients. If the caregiver is also a registered patient he/she can also carry there personal 2.5. Pretty simple. Also if you are carrying in a vehicle it would be a wise idea to have the meds out of reach from the front seats and any smell contained. This will just prevent LEO from assuming you have been using while driving and or giving probable cause to search because LEO saw a pipe or smelled flowers.
I don't know I have actually always wondered that and I wouldn't risk it now that I think about it, because you are providing your patient with the 2.5 so if you give them it, and still have the 2.5 they could get you for MAYBE being over, I talked to a lawyer and they said the law is too unclear and way too vague, I would think you can't get in trouble, but if the cop was a asshole he could I guess arrest you, even though you would unlikely get no charges out of it. This is one thing that needs to be more clear for patients and caregivers!
I hope I do not confuse the issue here, but I see the 2.5 oz as an administrative standard of the MMMP. That said, the "law" is simply an affirmative defense for an MMMP card holder and specifically does not state limits. For example, if you kill someone in self-defense you have still committed murder. Here self-defense becomes your affirmative defense. The MMMP 2.5oz per patient transport limit guideline is your safest bet, but the police are not going to split hairs over a few grams because they don't have a chance in hell of getting it through the court system.
Hope this helps,
pt 2.5 oz. CG 2.5 for each Pt, and 2.5 for themselves. Make SURE they are CLEARLY separated and you SHOULD Be safe. KEY WORD = SHOULD.
also keep in mind, if YOU are one of the CG's Patients. those number better be right! (also remember a CG CAN NOT HOLD FOR THEMSELVES EXTRA) So a CG with 5 patients can only have 12.5 oz held in reserve for his 5 Patients, and 2.5 for himself, if he is also a Pt.
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That's what I'm saying, is how are you suppose to use a defense if you get pulled over or in trouble. Example if you and your patient are in the same card, you don't have your license, if they are carrying 2.5 how are you suppose to say I'm holding another 2.5 for them? I mean it's possible but I'd doubt the court would be on your side.