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How do i become a caregiver???(california)

Discussion in 'Legal Edge' started by roughnice, Feb 28, 2008.


    roughnice Well-Known Member

    So i was reading up growing laws in california and the law states that a card holder, or thier designated caregiver, can have up to 6 mature plants at any given time.
    So i called up one of my good freinds who is a cardholder and asked him if he'd be willing to designate me as his caregiver since he isn't growing and he said he would be happy to if i figured out the paper work and everything that he had to sign.
    I am just wondering if anyone on here knows what we have to do for him to legally designate me as his caregiver because i haven't had any luck finding anything online.

    smokinjs Well-Known Member


    stampeden Active Member

    I wanted to know if you learned anything about becoming a caregiver.
    I have card carrying friend who as cancer and iging through some intense chemo.
    Presently he is given a bottle of liquid morphine which he uses when needed.
    He can not afford to buy the weed.
    Public assistance is covering his medical costs.
    Please let meknow what you have learned.

    bigdw Member

    I din't know much but I doo know that some co-ops give out free meds to patients in your buddies position . so-cal keep up the good work helpein your bud out .

    Growdemfruit Member

    i am trying to research the same thing

    GrowingfortheGold New Member

    My friend is a caregiver for someone. In short he has a form that says X is Y's caregiver. It has both X and Y's signatures on it saying blah blah blah can grow my plants for me ya know...In california it's pretty simple. I mean if it looks official they don't really care lol.

    Bigrick31 Active Member

    You really have to b careful with the whole caregiver thing because just growing marijuana for someone dosnt classify you as their caregiver this was taken from the canorml.org websit


    A *"primary caregiver" is narrowly defined under Prop. 215 to be "the individual designated [by a legal patient] who has consistently assumed responsibility for the housing, health, or safety of that person."* The law does not explicitly allow patients to have multiple caregivers. In contrast, a caregiver may serve more than one patient.

    The State Supreme Court has ruled that defendants are not entitled to a caregiver defense if all they do is grow or supply medical marijuana to patients. In the case People v. Mentch (2008), the court ruled: "a defendant whose caregiving consisted principally of supplying marijuana and instructing on its use, and who otherwise only sporadically took some patients to medical appointments, cannot qualify as a primary caregiver." The court went on to specify: "a defendant asserting primary caregiver status must prove at a minimum that he or she (1) consistently provided caregiving, (2) independent of any assistance in taking medical marijuana, (3) at or before the time he or she assumed responsibility for assisting with medical marijuana."

    leferikson Member


    Grissom1988 Member

    I agree 100% !!! I had been, and still am, a patient of the medical cannabis clubs in California. I've only carried a license for 6 months now, but I have learned a lot since. Actually it wasn't till the second month of going to the same clinic when I found out I can grow marijuana! So I asked the guy, being I am there almost every other day, what does it take, and so on, to grow. So they were selling seeds left and right, not even worried about how much you buy.... (I bought 4 strains in one day all feminized) then was obligated to the whole set up. I'm just going by the book starting out with 3 strains using 2 seeds of each strain with a 400w MH & 400w HPS bulb and a Cool-Air Reflector as my reflector. To get to the point, I was told if I wanted to grow more plants I would need a copy of the patients info, all signed and agreed stating this patient is legit. Then, wherever your grow-room is have it around in a safe area, but obvious if need be encase the police had gotten an anonymous call due to lights always being on. Better safe than sorry so I just bought a folder with ALL the info and set the folder next to the crop. If you do end up being a caregiver then you can double your crop to 12 mature plants and having 12 more on their way. Doing that would mean you need tents, one for veg growth and one for flowering. This isn't cheap by the way, doubling your crop basically means doubling your equipment. I found all that out and just stuck my plants in my guest bedroom, six plants, all doing fine without a tent, they have great ventilation due to two windows and a rotating fan. I don't need 12 plants... just enough to smoke as much as I want throughout the year at whatever rate I want. I can keep growing good bud as long as I am legit and stay "by the book" because shit does happen. One of these days I think I will buy a tent for both stages though, making it faster to have the other 6 on their way. :weed:

    Why is Monday so far away from Friday, yet Friday is so close to Monday... :peace:

    nelsonjacob Active Member

    go to the place you got you card, take your friend with you, and let the doc know the situation, it is almost the same as just getting your card cept you cant smoke as a caregiver

    Forzaitaly1 Well-Known Member

    You agree 100%??? Do you even know much about mmj laws? Some paper that shows some card holders signature will not do jak sh..t in court. When U get there they don wanna c ur paper but they wanna make sure u were caring for ur patients even before u decided to become their caregiver, U gotta have proofs or u r SOL . PLUS, U'll learn soon how the bud U get from 6 plants goes away in NO time, Good luck.

    MuppetMan1989 Active Member

    Yeah man becoming a caregiver is easy. I just cruised down to sd with my cuzin, Were he got his card at. Told the doc the situation, He made us fork over 20$ for the document, dedicate me as his caregiver and bam! Thats it! That plus my card has helped me so much in law enforcement fees! =] and yes! you can have more then one patient! and become there caregiver! I have plenty!

    anomolies Well-Known Member

    Anyone with some real input on his thread? curious too.

    zzyx Member

    [FONT=Arial, Helvetica, sans-serif]Designation of Primary Caregiver
    (California Health & Safety Code 11362.5)
    [/FONT][FONT=Arial, Helvetica, sans-serif]I,_________________________________________________, (Print name legibly) hereby certify that I suffer from cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or other serious illness and I have obtained a recommendation or approval from a licensed physician to use medical marijuana (cannabis) in treating my illness. (A copy of my recommendation or approval is attached hereto).

    I hereby designate __________________________________ (Print name legibly) as my "Primary Caregiver," in accordance with Health & Safety Code 11362.5(d) and 11362.5(e), which read as follows:
    (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 patients 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 purpose of this section, "primary caregiver" means the individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health, or safety of that person.
    I agree that I will consistently rely on the above-named person as the primary source of my medical marijuana as a matter of my personal health and safety. This designation shall remain in effect for a period of one year.

    Dated: _________


    [FONT=Arial, Helvetica, sans-serif]and http://calapp.blogspot.com/2008/11/people-v-mentch-cal-supreme-ct-nov-24.html

    bob1esq Member

    The best way to become a caregiver is to obtain a Cal. MMP Card designating you as a "primary caregiver". The Attorney General Guidelines say that you cannot be arrested and your product cannot be seized if you have a Cal. MMP Card and do not exceed the 6/12 rule (cannot have more than 6 mature or more than 12 immature plants per patient). It is very easy to get a Cal MMP card. You just find a patient and have him write a note designating you as his primary caregiver. Then you and the patient register with your county for a mmp card, and Shamwow! A few weeks later, you have a Cal MMP card designating you as a primary caregiver. For info on how to register with your county go to: http://www.cdph.ca.gov/services/Pages/MMPCounties.aspx.

    A word of warning. Do not push the number of patients thing beyond 99 plants.

    eoddom Active Member

    Hmm....now are you growing as a caregiver simply for the love of growing and helping...or do you in some way become compensated for this? Obviously im not in a state were its legal yet....but have been thinking about moving once i get a pretty penny saved up to start my own business.

    Gogowitz Active Member

    legally to be compensated is supposed to be just the cost of the lights, fertilizers, soil, ect. I don't think profiting is supposed to be legal with caregiving. Although it is obvious that the prices being sold are still way more than the cost to produce.

    chasmtz Active Member

    first off, I would never register with the county, thats just rediculous. "Hey guys! I'm a pothead! And by the way, my bauddy and I want to grow a shit ton of pot!" Why would you voluntarily give the county your info? In california, a napkin can be a legally binding contract if its signed by both parties. You do not have to register with the county to LEGALLY be deemed someones caregiver. You NEVER HAVE to register with the county in any way shape or form
    planehopr likes this.

    chasmtz Active Member

    then it sounds like you are getting ripped off, that sucks. I just got a quarter of white widow for 50 bucks from the dispensary. It was great. You dont have to buy the expensive strains and if your dispensary is too expensive, find another.

    greenhornlex Member

    So I'm looking at the same possibility of becoming a caregiver, yet I haven't had much luck on finding all the regulations that pertain to being a caregiver yet alone a patient? From what I been told by different sources there is several gray areas which makes it uncertain, I don't want to be at risk of prosecution. Especially know whit the current crackdowns that are happening in the sate of California. I have more info. from what I researched if you want pm me.

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