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Old 11-04-2007, 06:31 PM
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Default Primary Caregiver Question
So im new to this website. I have been a smoker for years. i recently got out off jail for possession of 6 pounds, a pound of hash, processed, and unprocessed, with trimmers and clones in orange county cali. now im trying to do the whole "legal" thing. just wanted to know a few things. as long as you have your 215 you can technically be a "primary caregiver" for anyone right? as long as you have consent. if i have 40 people under me for primary caregiver, can i carry everyone's weight around with me? and grow for all 40 people technically? im just using those numbers. thanks.
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Old 11-04-2007, 06:57 PM
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Old 11-04-2007, 07:47 PM
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This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the Constitution.
This initiative measure adds a section to the Health and Safety Code; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.
PROPOSED LAW
SECTION 1. Section 11362.5 is added to the Health and Safety Code, to read:
11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996.
(b)(1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.
(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.
(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
(e) For the purposes of this section, ''primary caregiver" means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.

SEC. 2. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure that can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.



Using this, one can actually extrapolate that to be a "primary caregiver" is more involved than just growing weed for people. You would in fact be responsible for them in more ways than that. For example, a parent is a child's primary caregiver. You would have to be providing these people with shelter and medical access as well as growing for them. I can think of no feasible way for you to be the primary caregiver to 40 people. While I understand your wanting to fuck the man for the same shit you got popped on, you need to research the laws more thoroughly before you get yourself into trouble again. It is also worth noting that different cities in California have different rules about the amounts you are legally allowed to possess and/or cultivate.


Good luck!



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Last edited by JohnnyPotSeed1969; 11-04-2007 at 07:48 PM.. Reason: edited for continuity
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Old 11-04-2007, 08:23 PM
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i believe you have to have their med cards on file if you are the primary caregiver. I would check with a lawyer to make sure because tis would be your second strike at least
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Old 11-04-2007, 10:37 PM
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well i know a guy who owns a shop and he said whenever a patient comes in they sign a whole bunch of release forms stating that he can be their caregiver. he made it sound like as long as you have all the documentation with you, like in your car if you get pulled over, that it should be all chill. at least to the point where it will hold up in court. i've heard that clubs had paperwork for like 2000 plus patients which is pretty unresonable. im just talking like a group of my friends. i've been reading all the laws all the time. but yeah i do need to talk to a lawyer. thanks for the replys.
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Old 11-04-2007, 10:52 PM
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clubs carry paper work for 2000 patients because they have 2000 coming to them for meds. most clubs receive their stock from outside vendors. most outside vendors grow under 1 - 3 caregiver certificates. it's when people start taking advantage of the ordinances that the law will step in. usually growing for 1 -3 other people and donating to the club for recovery fees is within the boundaries of the law. this is just personal info from the few people i know in my particular county.
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