Becoming Caregiver

mdanforth

Well-Known Member
no your wrong....you can have 1 growing caregiver( a dispensary is viewed as a caregiver)..... that caregiver can grow anywhere from 1 to 6 plants for you....you can have a second caregiver that is non growing, helps transport, rolls for you...whatever but can't grow for you.....

this is what I mean a caregiver must know the laws so that he/she can keep your patients safe and within the laws.......

caregivers giving wrong info is a huge problem in our state right now......
 

mdanforth

Well-Known Member
John also gives out incorrect and potentially unlawful information as well......print the laws, read em, then you'll know or at least have a reference point to look at.....
 

tet1953

Well-Known Member
no your wrong....you can have 1 growing caregiver( a dispensary is viewed as a caregiver)..... that caregiver can grow anywhere from 1 to 6 plants for you....you can have a second caregiver that is non growing, helps transport, rolls for you...whatever but can't grow for you.....

this is what I mean a caregiver must know the laws so that he/she can keep your patients safe and within the laws.......

caregivers giving wrong info is a huge problem in our state right now......
This is what I was referring to. My reading of the new law appears to do away with that second caregiver. Can you give me a section number to look at?
 

cerberus

Well-Known Member
no your wrong....you can have 1 growing caregiver( a dispensary is viewed as a caregiver)..... that caregiver can grow anywhere from 1 to 6 plants for you....you can have a second caregiver that is non growing, helps transport, rolls for you...whatever but can't grow for you.....

this is what I mean a caregiver must know the laws so that he/she can keep your patients safe and within the laws.......

caregivers giving wrong info is a huge problem in our state right now......
where exactly does it say that? the best I can find is section F of 2343, where it talks about designating a caregiver or dispensary but then it goes into the caregiver going to a dispenc and buying for the patient.. So, I ask, show me where it says that explicitly. It would be a miscarraige of duties if a caregiver was telling their patients they could not use a dispensary as a back up or alternate source to aquire meds, when in fact they could.
 

tet1953

Well-Known Member
where exactly does it say that? the best I can find is section F of 2343, where it talks about designating a caregiver or dispensary but then it goes into the caregiver going to a dispenc and buying for the patient.. So, I ask, show me where it says that explicitly. It would be a miscarraige of duties if a caregiver was telling their patients they could not use a dispensary as a back up or alternate source to aquire meds, when in fact they could.
There isn't a section 2343. I assume that is a typo and you meant 2323, but that section ends with subsection "E". Are you sure you aren't looking at an unamended version like the guy a couple days ago did? Done it myself. You need to be looking at the enacted version, Public Law 407. Here are links:

This will link to a Rich Text Format (rtf) of the law:
http://www.mainelegislature.org/legi.../PUBLIC407.rtf
This will link to a PDF of the law:
http://www.mainelegislature.org/legi...tem=3&snum=125
 

cerberus

Well-Known Member
§2423-A. Authorized conduct for the medical use of marijuana
1. Qualifying patient. Except as provided in section 2426, a registered qualifying patient may:
A. Possess up to 2 1/2 ounces of prepared marijuana and an incidental amount of marijuana as provided in subsection 5;
B. Cultivate, or designate a primary caregiver to cultivate under paragraph F, up to a total of 6 mature marijuana plants if the patient elects to cultivate and the patient has not designated a registered primary caregiver or registered dispensary to cultivate marijuana on the patient's behalf for that qualifying patient. The total number of mature marijuana plants per qualifying patient, whether cultivated by the patient or by a primary caregiver, may not exceed 6. In addition to the 6 mature marijuana plants, the patient who is cultivating the patient's own marijuana may have harvested marijuana in varying stages of processing in order to ensure the patient is able to maintain supply and meet personal needs. Two or more qualifying patients who are members of the same household and cultivating their own marijuana may share one enclosed, locked facility for cultivation;
C. Possess marijuana paraphernalia;
D. Furnish or offer to furnish to another registered qualifying patient for that person's patient's medical use of marijuana up to 2 1/2 ounces of prepared marijuana if nothing of value is offered or transferred in return;
E. Name Designate one person, hospice provider or nursing facility as a primary caregiver to assist with the qualifying patient's medical use of marijuana in a
Page 6 - 125LR0794(03)-1
standardized written document, developed by the department, signed and dated by the qualifying patient, including a one-year expiration and the signed acknowledgment of the primary caregiver that the primary caregiver may be contacted to confirm the designation of the primary caregiver. A 2nd person or hospice provider or nursing facility may be named designated as a 2nd primary caregiver if the patient is under 18 years of age. The primary caregivers for a patient are determined solely by the patient's preference as named on the application under section 2425, subsection 1 except that a parent, guardian or person having legal custody shall serve as a primary caregiver for a minor child pursuant to section 2425, subsection 2, paragraph B, subparagraph (2);
F. Designate one primary caregiver or a registered dispensary to cultivate marijuana for the medical use of the patient, except that a hospice provider or a nursing facility that is named designated as a primary caregiver by a registered patient and the staff of the provider or facility may not be designated to cultivate marijuana for the patient. The primary caregiver or dispensary that may cultivate marijuana for a patient is determined solely by the patient's designation on the application under section 2425, subsection 1 The qualifying patient must designate the primary caregiver or registered dispensary to cultivate for the patient in a standardized written document, developed by the department, signed and dated by the qualifying patient, which must include a one-year expiration, the total number of mature plants the primary caregiver is designated to cultivate and the signed acknowledgment of the primary caregiver that the primary caregiver may be contacted to confirm the designation of the primary caregiver to cultivate for the patient and the number of mature plants to be cultivated and being cultivated for the patient or the signed acknowledgment of a person on behalf of the registered dispensary that the registered dispensary may be contacted to confirm the designation of the dispensary to cultivate for the patient and the number of mature plants to be cultivated and being cultivated for the patient; and
G. Be in the presence or vicinity of the medical use of marijuana and assist any registered qualifying patient with using or administering marijuana


edit: this is the section I was trying to refference (I posted a well thought out and logical disscusion post that did not post..) It is the only place I see anything even close to saying what MD is saying and even then it is just implied.
As I understand it, the inent of the law is to stop meds from reaching the black market and not to hinder legal patients to recieve there meds, having alternate places to aquiire them is a saftey issue, having a wider variety to experimnt with and disscuss with a caregiver is responsable issue management. If this is an interp. that MD is reading (or his lawyer) thats one thing but if he has found a specific section specificly refferencing this point thats another.
 

tet1953

Well-Known Member
Ok, it was Section 2323A, subsection 1, paragraph F (let's call it lol). I am still not seeing anything about a caregiver going to a dispensary to obtain meds for patient. I guess my eyes ain't what they used to be :)
 

Maine Brookies

Active Member
I'm with Tet on this - i don't see anything to support the idea that a non-cultivating caregiver could be designated to go to a dispensary for a patient. Since dispensaries deliver i'm not sure i see a reason to allow it (other than a general disdain for governmental interference).

I also don't see anything about allowing a second non-cultivating caregiver to be appointed unless you are under 18.
 

cerberus

Well-Known Member
I can't fnd the part about aquiring it for patients, maybe I mis-read it. I still contend their is nothing that says a cardholder can't have both. and as far as why? the fact that they deliver isn't a state regulation it's their choice. I was/am under the belief you can not double up on the same type of provider; no dual caregivers or dual dispensary registrations. The minor part is only semantics since one of the caregivers has to be a guardian.

I'd also argue about the patients right to safe access; their are some poor caregivers out there and I wouldn't expect a patient to not be able to mitigate that risk. A person can not use the same script to get to scripts of oxy's but they can go to another pharmacy to pick them up, if their normal one was out for some reason..

I have to see where the law says I can not do it, rather than try and find where it says I can..
 

Maine Brookies

Active Member
I have to see where the law says I can not do it, rather than try and find where it says I can..
Since cannabis is otherwise banned completely the entire purpose of the law is to outline what can be done and remain legal. If the law does not expressly state that you can do something in your role as patient or caregiver then you are not able to do it legally.
 

mdanforth

Well-Known Member
this says what your looking for.....remember a dispensary is viewed as being a primary caregiver.....

B. Cultivate, or designate a primary caregiver to cultivate under paragraph F, up to a total of 6 mature marijuana plants if the patient elects to cultivate and the patient has not designated a registered primary caregiver or registered dispensary to cultivate marijuana on the patient's behalf for that qualifying patient.
this says or not and.....trust me the law means one and one only.....use a caregiver or dispensary but not both.....remember you have to sign your plants over to someone else.......this isn't like a pharmacy or cali where a rec. means you can go anywhere and sign your plants over to multiple growers. This was by design as cali is a mess....



B. Cultivate, or designate a primary caregiver to cultivate under paragraph F, up to a total of 6 mature marijuana plants if the patient elects to cultivate and the patient has not designated a registered primary caregiver or registered dispensary to cultivate marijuana on the patient's behalf for that qualifying patient. The total number of mature marijuana plants per qualifying patient, whether cultivated by the patient or by a primary caregiver, may not exceed 6. In addition to the 6 mature marijuana plants, the patient who is cultivating the patient's own marijuana may have harvested marijuana in varying stages of processing in order to ensure the patient is able to maintain supply and meet personal needs. Two or more qualifying patients who are members of the same household and cultivating their own marijuana may share one enclosed, locked facility for cultivation;
 

tet1953

Well-Known Member
Since cannabis is otherwise banned completely the entire purpose of the law is to outline what can be done and remain legal. If the law does not expressly state that you can do something in your role as patient or caregiver then you are not able to do it legally.
Hmm y'know MB you got me thinking about something here. It's sort of like the Constitution: any power not specifically granted to the feds by the Constitution is a power reserved for the states. Well, there isn't anything in there about MMJ is there? Shouldn't that mean that, while the Feds can and have created legislation regarding MJ, if a state legislates otherwise then the state's law prevails. That is sort of the situation we have in fact, but when push comes to shove maybe that angle will play.

lol ima roll another doob and see if this reads any better
 

mdanforth

Well-Known Member
I'm pretty sure this thread is about being a caregiver not a patient.....so I believe he sent for his cargiver card......
 
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